The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-15
The Flag Is Over the Lions.

tons would be good,
The Flag Is Over the Lions.
Despite the Gordon Of troops and
secret service men that surrounds the
Yellowstone Park and protects the
Presidents solitude, little information
or alleged information leaks out now
and then through some circuitous chan
mel. We are delighted to say that every
successive report confirms our original
view OF Mr.. RoosEvKLr's Intentions
the only view consistent with the sup
position that the President OF the United
States regards himself as in no respect
above the laws which bind his fellow
citizens and which he himself has sworn
to execute faithfully.
At the moment when Mr. ROOSEVELT
disappeared from civilian eyes he was
engaged in a mad gallop after a herd
of elk. He intended to catch up with
these interesting animals to observe
them, and il possible to photograph
them while in strenuous action. The
measure Of his success will not be known
until the negatives are developed.
The next definite report locates the
President at Uncle JOHN YANcRr's cabin
in the heart Of the lion country.
Outside Of the Park and without Presi-
dent RoosEvRLTs knowledge or CON-
sent, a superserviceable ingenuity in Ger
tain quarters has been constructing for
his supposed benefit q legal theory
which would warrant him in indulg-
ing his notorious fondness for shooting
mountain lions. The elk and the blue
birds, of course, are safe from the Presi-
dents deadly rife; the law protects them
even against the Chief Executive himself.
But there has been an attempt to prove
by argument that the case is different
with the more ferocious mountain lion.
The lion sometimes kills other game.
For the protection Of the other game
it is sometimes necessary that the noun
tain lion should be pursued and destroyed.
This is one Of the duties Of the appointed
guardians Of the sanctity with which
the law has invested all animal life within
the vast reservation. II the President
happens to be in the Park at the time
when a particularly pernicious noun
tain lion, or company Of mountain lions,
requires determination, he may law
fully lend to the ordinary executioners
the assistance OF his fearless presence
and unerring aim. In rendering such
assistance as a vermin exterminator, the
President not only would be violating
no law, but would actually be signalling
his period Of rest and recreation by
most important public service of quite
unexpected character.
had laboriously prepared to justify Mr..
ROOSEVELT, in case he should care to
shoot few lions in the Park. The ar
gument il ingenious and specifically
plausible, but it is knocked fat by the
language Of the Act Of May 7. 1894, which
may be found on page 1874 Of the second
volume supplementary to the Revised
Statutes:
That all hunting. or the killing. woundng or
capturing at any time Of any bird or Wild animal.
except dangerous animals when IL 10 necessary 10
prevent them from destroying human life or IN
nictins an injurY. 10 prohibited within the limits
Of xaid Park"
The law does not permit the destruc-
ton OF dangerous animals because they
are dangerous to other beasts in the
Park They must be dangerous to human
life; and they must not merely Be dan
gerous in q general way, but Immediately,
imminently and specifically. They can
~os - ahot b>o~u~n tha;r ron,,tat;oc L,
bad. but only when it is ne oessary to pre-
vent them from destroying human life
or inflicting an injury. We do not think
that anybody who examines the language
of this statute will doubt for an instant
that the Supreme Court would oonstrue
it to mean that Mr.. ROOSEVELT cannot
lawfully shoot mountain lions in the
Yellowstone National Park for sport;
or, indeed, under any circumstances ex-
cept when the life or bodily safety Of
himself or one OF his companions 10 i'm
mediately threatened by one OF these
lively creatures.
That has been our view all along; and
it is most agreeably confirmed by this
intelligence which reaches our neighbor,
the World. from Uncle JOHN YANcEY's
remote cabin
THE scouts are said TO be up In arms. They
have been trailing mountain lions for days In the
expectation that the President would want 10 shoot
few. Now the President has sent them all away
refusing to have them with shs party. He Ia &C.
compsnled only by Major PrcnnR and caARLEY
HovER. and positively refuses 70 DO sny lion hunt
Ing"
Why has the President sent away all
of the lion-trailing scouts? Because he
is justly indignant that they should have
30 poor an opinion Of him a. to assume
in advance that for the qualification Of
his personal fondness for the hunt he
would join them in an evasion Of the Law
on the fiimsy pretert set forth above. He
did right. These sophisticated forestep
but imperfect moralists in our opinion
richly deserved TO be dismissed from the
Presidents presence.
Thus Mr.. RoosEvKLr. after all, digni-
fies his vacation In the Park with public
service vastly moro important than the
determination Of Q few vaminB. He
seta an examnle NJ respecx for The lsv