The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-07-27
sEoUoLA PARK AND KAHFAH COLoxI.
How Disputsa Right or Possession Arises
Cader Acts OF Congress-.


Cader Acts OF Congress.
WASHINGTON. July 2e.-The Kawsah. Coop-
erative Society, which 10 established within
the Big Tree reservation OF California recently
set apart by Congress. and IL thers striving 10
live MP to Mr.. Edward Bellamy's theories. res
olutsly refuses to move out at the command
OF Capt. Dorst, who, with Troop K. Fourth
Cavalry, has charge OF the now park. What 10
more. the colonists are continuing to cut tim
Der from the reservation for tho Axtell saw
mill. established there; and 1t appears that
the General Land Commissioner. from whose
Office the colonists derived their authority to
settle on tho lands. holds that their vested
rights were not disturbed by the acts OF Con-
gress creating sernoia Park.
The acts In question we-s approved on the
25 h OF September and tho LIST OF October
They set apart u tract OF land. comprising q
large part of the Big Tree groves OF Tuinre
county as public park or pleasure ground
for the benefit and enjoSment OF the people,
and ull persons who shall locate or settle uron
or occupy the same. or any part thereof, OK
cept as hereinafter provided, shall be consii-
eied ,respassers and removed therefrom."
The subsequent provision thus alluded to be-
gins by declaring that the Secretary Of the In
terror is to have the exclusive control OF tho
new pnrk. and 10 make such rules as he NAV
regulations shall provide for tho rreserva-
ton from injury oil all timber. mineral de-
posls. natural curiosiiies or wonders within
said park. and their retention in their natural
condition" The Secretary may. however.
grant leases OF parcels OF ground for the erec-
lion OF buildings designed for the acconimo In-
ton OF sitors. but shall cause nil pers rus
ucspassing upon tho sans aitor the pnssirH OF
this act to bo removed therefrom. aud gener-
oily shall be authorized to take al such meas
ures ns shall be necessary Or proper 10 fully
On turning to tho pieamO les wa lind these OBJ
Iects express In tue do, laraiion that the
IN Sar"us parts al o. the III rned Ss.s
some OF which trees. arc the wonders OF the
world II acconnt Of their size aud the limited
NUMBER growing, mukeS 1t u matter OF I'M
rortance tina, u, least sone OF said forests
should ne Preserved
cited that the Interior Depart a, ent is emp W.
F., cred to prevent tho cutting down of the giant
81 H e. hs pa as Hy ns .
, on what y, ourl. !hen. does the GeLeral Land
, c. mmissioner defend their course? II We eX-
1880, we shall lind in it u provision that no h.
ing thereto shall be construed as affect ns the
orns IN va eesnr ass Bona sn ds
entry Of land male within the limits above
b Iuas ANY lay W q "a: GATED
that the lir,i,s above described" refor to. a
tract N another part Of California. around the
| anatl onal park. But IL IL subsequent section
Of This nc. ~, ortionpr q land !, aided 10 the
! IS. This earlier bill made no exception ia
favor Of existing settlers under bona hie en-
tries. but ne added portion in the bill OF Oct.
satc, "o ali and nsdlf pTos.os
have just seen. exempt existing bona ilie SET
| t!eis !rGm thsir operaiion. and, therefore. II
ani Si s n.In S91s @
by the act OF oct, |. 1870. they would seem to
he thLsex e!npt. Possibly, also the General
PARK statutes cannot have The eject Of dspos e
sessinE Government lana pn;entees: Al all
Of opinion said TO exist betwosn Secretary
Mol lie AMI Land Commissioner AFTER
The p.Issea mehoa 81 s..ns the question
conSned oSeupa'en Of us Sawss san eoonS
apart the park. Iiso. their removal oh Guild b
acts OF cpnsress areadT reerrsd 10 eav.s the
authority to do 70 doubtful. the Government
can :sly GA it, right Of eminent domain. as Il
tn" kaweGh colony should in that case oe tnllI
and Literally com nensnted for sxpuls ION. 1t i.
have about 700 membol 3. OF whom nearly ono
third ar. actual residents. According 10 theil
but other people including q special agent o
tia General LanI Office. declare that tho,
! threaten nahy hHndreis OF giant sran oia 9
They have been several years ut their work
and IL: as !. is said, they have aid c,nt NOR
than slooOO0 IN In provsments 8. largely in th
constnction OF roads for reaching this timb'
belt. It would denote great sell. ial in tucn
10 refrain from attacking all the biggest ant
, most valuable trees.
As tho matter stands. tho Kaweah colony |
temporarily allowed 70 20 on cutting timber
but that arrang. nent can hardly last. II tn
Government Ends That 1t cannot control land
that 1t ought TO hive. and that the park cauno
be prese we'd with hundreds 81 settlers in II
recourse will ba had 70 Congress 1t Is only I
not properly Investigate this matter long age