The Coconino sun., 1926-01-08
FOREST SERVICE ASKS U. S.
ACTION IN KAIBAB CASE


The first shot in the legal battle
over the deer in the Kaibab national
forest has been fired by the United
States department of agriculture.
Manly Thompson, law officer of the
forest service from the office of the
solicitor of the department, has sent
bill Of complaint against the state
of Arizona tt the United States at
torney for the federal district of Ari-
zona, John B. Wright of Tucson, with
request that the complaint be filed,
according to on announcement made
by the supervisor of the Tonto ma
tional forest, I. 7. Swift Of Phoenix.
The complaint was dispatched on De-
cember 80 from Ogden, Utah, the
headquarters of the forest district in
which the Kaibab reserve is situated.
Several months ago, Mr.. Thompson
visited Arizona for the purpose of
making an investigation of the Kaibab
deer controversy between the state
and federal authorities. He was ac-
companied by forest officials and a.
number of conferences were held with
officers of the forest service, the state
game warden, and even with Governor
Hunt for the purpose of adjusting
the differences of opinion concerning
the reduction and the methods of re-
ducing what is claimed to be a SER
ious state of congestion Of the deer
on the somewhat isolated forest in the
northern part of Arizona At the time
it was reported that the conference
with the governor was unsatisfac-
| tory to the forest officials and that
"a .%tc %l4n
states executive that he would pre-
vent by armed force, if necessary,
any effort on the part of the forest
service to reduce the herds in the ma
| tional park, claiming that such reduc-
| tions would be contrary to the game
laws of the state. A conference with
United States Attorney Wright and
his assistants followed At the con-
clusion of the conference Mr.. Thomp-
son left for Ogden to prepare affi-
davits for signing and to draw up the
complaint which is now in the hands
of the United States attorney. The
| forest service asserts that it is COM
PEELED to determine through the
courts, after unsuccessful attempts
during two years, whether the state
! of Arizona or the department of ag
riculture must bear the responsibility
for the condition of the deer.
United States District Forester r.
H. Rutledge, in whose district the
forest is situated and administered,
declared that the only recourse to
/ save the deer and afford the forest
protection is to let the courts deter
mine the respective responsibilities
of the state and the federal govern
ment. With that object in mind in
/ junction proceedings have been instl-
I tuted, he stated.
Forester Rutledge claims that con-
ditions in the forest became so alarm
/ ing in 1928 that special Investigations
were conducted by the United States
bureau. of biological survey and the
/ United States forest service. The re-
ports were of such a nature that the
secretary of agriculture, in order to
secure the advice of the best authorl-
ties outside of the federal service, re-
quested several national organizations
/ to undertake an investigation. The
conditions found by committee of
members from five organizations were
described as deplorable, respecting
both the forage and the animals. Aft
er careful consideration, game plan
was adopted in the fall Of 1924, which
provided among other things that a
person could secure permission to go
on the reserve and kill not to exceed
three deer Due to influences out
side the department of the state game
warden and the forest service, Fores-
ter Rutledge claims the reduction plan
was delayed until SO late in the sea-
son that only 675 out of the 10000 to
$4,000 deer estimated to be on the re-
serve were killed.
Further relief both from the stand
! point of the forest growth and the
| stability of the deer herd being abso-
lutely necessary, in the opinion of the
state game warden and the forest
service, an agreement was entered
into whereby the open season of 1926
should include November as well as
October and each person might kill
three deer. The killing was to be
| done under close supervision and in
certain selected districts.
/ Shortly before the plan could be
put into effect, the state threatened
with an injunction on the grounds
/ that the legislative act under which
the agreement had been made was
unconstitutional. As a result, hunting
was permitted strictly according to
the game laws Of the state Only 366
deer were killed. Forester Rutledge
claimed that this |. proved that the
necessary reduction could not be OBJ
tanned through the state laws, under
which killing on the game preserve
was placed exactly on the same foot
ing as in other parts Of the state. The
decision of the forest service to resort
to the courts for a decision in the
controversy resulted.
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