The Coconino sun., 1925-12-04
KAIBAB DEER PROBLEM
TO FEDERAL COURTS

Ogden, Utah.-4After unsuccessful
attempts for two years to solve the
deer problem on the Kaibab national
forest with the cooperation of the
state of Arizona, according to District
Forester r. H. Rutledge of Ogden,
Utah who has jurisdiction over the
Kaibab forest, the forest service is
compelled to determine through the
courts as to whether the state of Ari-
zofla or the department Of agriculture
must bear the responsibility. With
this object in mind proceedings are
being initiated in the federal courts.
The Kaibab national forest was
created in 1898 and in 1906 the en-
tire forest was proclaimed a national
game preserve by President Roosevelt
under specific authority of congress.
At the time the game Npreserve was
created there were estimated to be
some 5000 head of deer on the forest.
Under the protection afforded by the
forest service the herd has ilcreased
to where the estimated nun 1er at the
present time is between $4,000 and
$4,000 deer. Among other things the
game management plan involved the
gradual elimination Of domestic stock
from the forest. This resulted in re-
ducing the number of cattle on the
forest from about $4,000 head to 2270
head in 1926. The cattle belong to
some 80 small owners, the largest
herd consisting of 480 head. The num-
ber of sheep was likewise gradually
reduced from 5000 head to a, total of
1923 head in 1925.
Conditions became SO alarming
that in 1923 special Investigations
were conducted by the biological sur
vey and forest service. Their reports
were of such startling nature that
the secretary of agriculture, in order
to secure the advice of the best au-
thority on game matters from persons
especially qualified, outside the fed
eral service, requested several ma
tional organizations to suggest repre-
sentatives to undertake an investiga-
ton of conditions. AS a result an in
vestigation was conducted in 1924 by
committee selected by these ma
tional organizations being composed
of the following members: John B.
Burnham, representing the American
Game Protective association; Hey
ward Cutting, representing the Boone
and Crockett club; t. Gilbert Pearson,
representing the national association
and 7. w Tomlinson, representing
the American National Livestock
Breeders association. The conditions
found by this committee during their
visit were characterized as deplor-
able, in fact they were the worst that
any member of the committee had
ever seen.
With the facts obtained through the
cooperation of this committee and the
Arizona state game department, the
biological survey and the forest serv-
ice, it became apparent that some
feasible game management plan must
be at once adopted and put into eff
feet if the deer were to be saved from
starvation, disease and possible ex-
termination. 1t was considered by
the above agencies that any practical
game management plan must provide
in the first instance for material
reduction in the herd and that such
a reduction must not result in waste
but in utilization of the animals. Aft
er careful consideration a game plan
was adopted in the fall of 1924,
which, provided among other things,
that persons could secure cooperative
agreements to go upon the reserve
and kill net to exceed three deer at
a cost of $500 per animal. Due to
influence outside the two depart
ments, however, the effectiveness of
the plan was DELAYED to so late in the
season that only 675 deer were re-
moved.
Further relief both from the stand
point of forest growth and the sta
bility of the deer herd being abso-
lutely necessary this year in the opin-
ion of the state game department and
the forest service, an agreement was
entered into whereby the open season
should include November as well as
October and each person might kill
three deer at cost Of $500 per ami
nal. This killing was to be under
close supervision and no killing what
ever was to be permitted on the top
of the mountain. Shortly before the
plan could be put into effect, how
ever, the state was threatened with
an Injunction on the grounds that the
legislative act under which the agree
ment had been made was unconstitu-
tional. AS result hunting was per-
mitted strictly according to the gem
.eral game laws of Arizona under
regulation Of the secretary of agricul-
ture during the month Of October, but
only 366 deer were killed under a IL
cense fee of $40 for non-residents,
and SIPS for residents. Of these 234
were residents of Arizona, three of
New Mexico, 68 of California, so of
Utah, four Of Colorado, two of Ne.
vada, two Of Missouri, and one each
of Illinois, Oklahoma and Oregon.
This proved conclusively that the de-
sired results could not be secured UNI
der the general provisions of the
state law under which killing on the
game preserve was placed on exactly
the same footing as in other parts OF
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