Probably to correct this ruling, the Statute of 1844 was pa.s.sed, which provides that anyone who starts and pursues deer in the Counties of Suffolk and Queens shall be deemed in possession of the same.

A great responsibility is thrown upon the Government of the United States to protect the large game in the different national parks. In a few years they will contain the only remnants of the buffalo, elk, antelope and mountain sheep. Poachers, like wolves, surround these parks, killing only to sell the heads for trophies. Captain George S.

Anderson and Scout F. Burgess have done a good work in the Yellowstone Park in capturing poachers, which efforts were recognized by the Boone and Crockett Club. If authority should be given to the army to try and punish these poachers by martial law, it would save many a herd elsewhere, and also relieve the Government from great expense for the transporting and trial of offenders.

When we reflect how many and valuable races of animals in North America have become extinct or nearly so, as the buffalo and the manatee; how many varieties of birds that afforded us food, or brightened the autumn sky with their migrations, have been annihilated, as have been the prairie fowl in the Eastern States and the pa.s.senger pigeon in all our States, the necessity of these laws appears urgent. A few suggestions that experience has taught us in regard to these matters are worthy of record.

We must remember that in a republic no law is effective without public opinion to back it. Therefore, contemporaneously with making our laws, we should by writing and speaking educate the public mind to appreciate and sustain them. Experience has taught that in these prosecutions the public prosecutor is a laggard. He prefers noted criminal cases and neglects these, which he regards as trivial offenses. Therefore the law should authorize private prosecutors, on giving security for costs and damages, to make search and conduct prosecutions in their own names.

Next, it is to be remembered that a single private person will make himself odious in the community by bringing such prosecutions, and is often deterred by the fear of revenge. Therefore, societies should be formed, composed of many good citizens; they should employ their own counsel, and prosecute in the name of the society or its president.

Next, the law should definitely fix a penalty for having in possession, transporting or exposing for sale. This is more important than prohibiting the killing, as it is the marketing of dead game that incites the killing. It is the market hunter that has destroyed all feathered life on our prairies, and the cold storage process has enabled him to transport to other States or countries, and make his gains there.

Close the market and the killing ceases.

Another step to success is the procuring of the conformity of the laws in neighboring States. The laws of New York may prohibit the sale of quail, ruffed grouse and prairie fowl, and the societies may enforce them in New York city, and day by day see the monstrous wrong of carloads of prairie fowl and other valuable game brought into Jersey City, and sold to the population of that town and to the ocean vessels sailing from its docks. Our Western prairies are denuded of their birds, that are frozen in the close season and are afterward shipped to Europe, and sold in the markets there at a price often less than they would bring in New York city.

Again, laws on these subjects should be as simple as possible, including in the one open and close season as many kinds of game as possible, and creating a general public understanding that the shooting season opens at a fixed date, say October 1st, and that no shooting or possession of game is to be allowed prior to that date, and that the close season for all game should commence on another certain date, say February 1st.

Lastly, a defective law, that is permanent and uniform throughout the State, is more effective than a better and more detailed law varying in different counties and towns, and frequently altered. In ill.u.s.tration of the vagaries of lawmakers in this respect, it is to be remembered that the law of 1879, pa.s.sed by the Legislature of the State of New York, was a complete and well-studied statute, made after much consultation, and meeting the approval of all the societies of the State, as well as the market men, and operated in the main satisfactorily to all. Since that date members of the Legislature from the different localities introduced bills making some exception or addition to the act, to benefit their little town or locality, to prohibit fishing in certain waters, to protect certain other animals, to provide certain restrictions as to weapons of chase or means of fishing, or times and seasons; or giving powers to county supervisors to legislate in addition to the general legislation of the State. Two hundred and fourteen such acts and ordinances have been pa.s.sed since 1879, until the general law has been obscured and brought into contempt.

These acts and ordinances include, among other curiosities, the protection of muskrats and mink, the preservation of skunks and other vermin, the prohibition of residents of one county from fishing in another county, and protecting parts of certain lakes or rivers in a different manner or season from other parts. In some of the acts words are misspelled; in one it is enacted that "_wild birds_ shall not be killed at any time." Another act was pa.s.sed defining the word "angling,"

as used in the general statute, thus--"taking fish with hook and line and by rod held in hands," leaving the troller or the happy schoolboy, that drops his hand-line from the bridge, exposed to the dire penalties of the law. While writing in this year of grace, eighteen hundred and ninety-five, the Legislature has pa.s.sed a law permitting the sale of game at any time in the year, providing it is shown to have been killed 300 miles from the State.

This most unreasonable law was procured largely through the influence of the Chicago market men. The States lying west of Chicago have been endeavoring to protect their game. Salutary laws have been pa.s.sed prohibiting the killing and freezing of game, and the transportation of it outside of those territories. The markets of Chicago and the other great cities of the West being closed to the public sale of game, the dealers sought to open the markets of New York, and they have thus done so by this law. The Governor was fully advised of the purpose and effect of the law, but the powerful societies of the market men were promoting it and the bill was approved. In a few years the conspicuous prairie fowl will exist only in the naturalists' books.

In olden times laws upon these subjects protected only animals which lent pleasure to the chase, and also certain royal fish which were deemed to belong to the king. These old laws were selfish and severe, and were enforced with the cruelty of the age. A gentler spirit has since dawned upon the world, and now most game laws shelter as well the song bird as the wild boar and the stag. The true hunter derives more pleasure in watching the natural life around him than in killing the game that he meets. His heart feels the poetry of nature in the "wren light rustling among the leaves and twigs," and in the train of ducks as,

Darkly seen against the crimson sky, Their figure floats along.

He stops to enjoy the guttural syllables where "Robert of Lincoln is telling his name" in the summer meadow. At early dawn and eventide he listens to the bugle call of the great migration in the skies and exclaims:

Thou hast no sorrow in thy song, No winter in thy year.

He feels the love that is begotten by contact with nature, and he it is in these later days who has extended the laws to protect all birds of meadow and woods, while in return he is rewarded by a choir of songsters giving thanks in musical numbers,

Better than all measures Of delightful sound, Better than all treasures, That in books are found.

_Chas. E. Whitehead._

[Ill.u.s.tration: YELLOWSTONE PARK ELK.]

Protection of the Yellowstone National Park

The first regular expedition to enter the region now embraced within the limits of the National Park was the Washburn party of 1870.

In the summer of 1871 two parties--one under Captain J. W. Barlow, U. S.

Engineers, and the other under Dr. F. V. Hayden, U. S. Geological Survey--made pretty thorough scientific explorations of the whole area.

As a result of the reports made by these two parties, and largely through the influence of Dr. Hayden, the organic act of March 1, 1872, was pa.s.sed, setting aside a certain designated "tract of land as a public park or pleasure ground for the benefit and enjoyment of the people." It further provided that this Park should be "under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities or wonders within the Park.

"He shall provide against the wanton destruction of the fish and game found within said Park, and against their capture or destruction for the purpose of merchandise or profit.

"And generally shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects or purposes of this act."

It will be seen that "timber, mineral deposits, natural curiosities and wonders" were, by the terms of the _law_, protected from "injury or spoliation." The Secretary of the Interior must, by _regulation_, "provide against the wanton destruction of fish and game," and against their "capture for the purpose of merchandise or profit." The Park proper includes nearly 3,600 square miles, but under the act of 1891 a timber reserve was set aside, adding about twenty-five miles on the east and about eight on the south, making the total area nearly 5,600 square miles. By an order of the Secretary of the Interior, dated April 14, 1891, this addition was placed under the control of the Acting Superintendent of the Park, "with the same rules and regulations" as in the Park; it thus in every respect became a part of the Park itself.

Dr. Hayden drew the Park bill from his personal observations, made in the summer of 1871. At that time the territorial lines were not run, and their exact location was not known. He consequently chose for his initial points the natural features of the ground, and made his lines meridians and parallels of lat.i.tude. His selections seem almost a work of inspiration. The north line takes in the low slopes on the north of Mt. Everts and the valley of the East Fork of the Yellowstone, where the elk, deer, antelope and mountain sheep winter by thousands; it leaves outside every foot of land adapted to agriculture; also--and this is more important than all--it pa.s.ses over the rugged and inaccessible summits of the snowy range, where the hardiest vandal dare not put his shack.

The east line might have been placed where the timber reserve line now runs without much damage to material interests; but in that case the owners of prospect holes about Cooke City would have long since secured segregation. As the line runs, it is secured by the impa.s.sable Absarokas--the summer home of large herds of mountain sheep--and it includes not a foot of land of a dime's value to mortal man. Both south and west lines are protected by mountain heights, and they exclude every foot of land of any value for agriculture, or even for the grazing of domestic cattle.

The experiment was once made of wintering a herd of cattle in the lowest part of the Park--the Falls River meadows, in the extreme southwest corner--and, I believe, not a hoof survived. Their bones by the hundreds now whiten the fair valley.

Following the act of dedication, Mr. N. P. Langford was on May 10, 1872, appointed superintendent, without salary. He was directed to "apply any money which may be received from leases to carrying out the object of the act." He never lived in the Park, never drew a salary, and never, except by reports and recommendations, did anything for its protection.

In his first report he suggests that "wild game of all kinds be protected by law," that trapping be prohibited, and that the timber be protected from the axman and from fires. Unfortunately I am unable to possess myself of any of his subsequent reports; but I know that he toiled earnestly and without pay--and to no results.

On April 18, 1877, Mr. P. W. Norris was appointed to succeed him. He also served for love until July 5, 1878, when appropriations began, and something was done for "Park protection." In his report for 1879 he speaks of having stopped the killing of bison, and says that other game, although "grown shy by the usually harmless fusillade of tourists," was in "abundance for our largest parties." He also protected the wonders by breaking them off with ax and crowbar, and shipping them by the carload to Washington and elsewhere. His men did their best to protect the forests from fires, and with only fair success. By this report (1879) it seems that "no white men have ever spent an entire winter at the Mammoth Hot Springs"; he strongly recommended game protection, but not the prohibition of hunting. There was then but a single game superintendent, and he without authority to act. As at present, the main trouble was with the "Clark's Fork" people. The regulations permitted hunting for "recreation" or "for food," which would always be made to cover the object of any captured poacher.

Major Norris was doubtless a valuable man for the place and the time; but, as he expressed it in a manifesto dated July 1, 1881, and headed "Mountain Comrades," "The construction of roads and bridle paths will be our main object," to which he added the work of "explorations and research." His entire force lived upon game, which was hunted only in season, and preserved, or jerked, for a supply for the remainder of the year. He was succeeded by Mr. P. H. Conger on February 2, 1882, but Mr.

Conger did not arrive until May 22 following, when he seems to have fallen full upon the trials and the tribulations that have beset his successors. He reported the necessity for protecting the wonders and the game, but seems to have accomplished nothing in either direction. His reports are largely made up of lists of the distinguished visitors by whose hand-shake he was anointed. He was relieved in August, 1884, by Mr. R. E. Carpenter, who was removed in May, 1885, without accomplishing anything. Mr. David W. Wear was next in succession, and remained until legislated out of office in August, 1886. Nothing of value seems to have been done in these two administrations. In the sundry civil appropriation bill for 1886-87 the item for the protection and improvement of the Park was omitted. By the act of March 3, 1883, the Secretary of War was authorized, on request from the Secretary of the Interior, to detail part of the army for duty in the Park, the commander of the troops to be the acting superintendent. As there was no money appropriated to pay the old officers, they, of course, had business elsewhere. Captain Moses Harris, First Cavalry, was the first detailed under the new regime. He arrived there on August 17, 1886, and a.s.sumed control on the 20th. From this time on things a.s.sumed a different aspect. He had the a.s.sistance of a disciplined troop of cavalry, and he used it with energy and discretion. It very soon became unsafe to trespa.s.s in the Park, winter or summer, and load upon load of confiscated property testified to the number of his captures. His reports show the heroic efforts made to prevent and extinguish fires, to prevent the defacement of the geysers and other formations, and to protect the game. In his report for 1887 he pays his respects to our enemies from "the northern and eastern borders"--the same hand that has continued to depredate until this day. He speaks of the "immense herds of elk that have pa.s.sed the winter along the traveled road from Gardiner to Cooke City," and he goes on to say that "but little efficient protection can be afforded to this species of game except upon the Yellowstone and its tributaries." He remained in charge until June 1, 1889, when he transferred his duties to Captain F. A. Boutelle, and in the three years of his rule he inaugurated and put in motion most of the protective measures now in use.

Captain Boutelle, in succession to Captain Harris, continued his methods, and protection prospered. Meantime, in 1889, an additional troop of cavalry was detailed for duty in the Park in the summer, and had station at the Lower Geyser Basin. The princ.i.p.al use of this troop was in protecting the formations and the forests, but the work was well done and the foundation was laid for future efficiency.

I came to the Park in February, 1891, in succession to Captain Boutelle.

On his departure there was only one man left here familiar with the Park and its needs, and that was Ed. Wilson, the scout. He had been a trapper himself, and was thoroughly familiar with every species of game and its haunts and habits. He was brave as Caesar, but feared the mysterious and unseen. He preferred to operate alone by night and in storms; he knew every foot of the Park, and knew it better than any other man has yet known it; he knew its enemies and the practical direction of their enmity. He came to me one morning and reported that a man named Van Dyck was trapping beaver near Soda b.u.t.te; that he spent his days on the highest points in the neighborhood, and with a gla.s.s scanned every approach; and that the only way to get him was to go alone, by night, and approach the position from the rear, over Specimen Mountain. To this I readily a.s.sented, and at 9 that night, in as bad a storm as I ever saw, Wilson started out for the forty-mile trip. He reached a high point near the one occupied by Van Dyck, saw him visit his traps in the twilight and return to his camp, where at daybreak the next morning Wilson came upon him while sleeping, photographed him with his own kodak, and then awakened him and brought him to the post. But, unfortunately for the cause of Park protection, Wilson disappeared in July of that year, and his remains were found a mile from headquarters in the June following. That left me unsupported by anyone who knew the place and its foes; I was fortunate, however, in having as his successor Felix Burgess, who for more than three years has ably, bravely and intelligently performed the perilous and thankless duties of the position.

But before going on with a description of my own work in the Park, I will say a few words of my predecessors. In looking over the list, I think I can, without disparagement of the rest, single out three for especial mention.

Langford was an explorer and pioneer; by his writings he made the Park known to this country and to the whole world. He was an enthusiast and his enthusiasm was contagious. Protection was not yet needed, but a knowledge of the place was, and to this he largely contributed. He was the proper man and he came at the proper time.

Next came Major Norris. To him protection was a minor or unconsidered subject. His "usually harmless fusillade of tourists" reminds one of Paddy's remark to his master: "Did I hit the deer, Pat?" "No, my lord, but you made him l'ave the place." For his time he was exactly suited; he penetrated every remote nook and corner; built roads, blazed trails, and in general made accessible all the wonders written of and described by Mr. Langford. Protection was not yet due, but it was on the road and close at hand.

For this part of the work Major Harris was an ideal selection, and he came none too soon. Austere, correct, unyielding, he was a terror to evil doers. And, after all, is there anything more disagreeable than a man who is always right? I believe Major Harris was always _sure_ he was right before he acted, and then no fear of consequences deterred him. He once arrested a man for defacing the formations at the Upper Basin. The man confessed that he had done it, but that it was a small offense, and that if put out of the Park for it he would publish the Major in all the Montana papers. He was put out, and the Major was vilified in a manner with which I am personally very familiar. The next year this same man was sent to the penitentiary for one year for "holding up" one of the Park coaches in the Gardiner Canon. In 1891 I derived great a.s.sistance in the protection of the wonders and the forests from Captain Edwards, who, with his troop, had served in the Park before. Unfortunately he had to leave in the autumn, and I was again left alone with my ignorance and my good intentions.

In May, 1892, Troop D of the Sixth Cavalry was sent to my a.s.sistance.

Captain Scott was in command, and he has remained until the present time. Hard as iron, tireless and fearless, he has been an invaluable a.s.sistant in all that pertains to Park protection.

In protecting the beauties and wonders of the Park from vandalism, the main things to be contended against were the propensities of women to gather "specimens," and of men to advertise their folly by writing their names on everything beautiful within their reach. Small squads of soldiers were put on guard at each of the geyser basins, and at other points where protection was needful, with orders to arrest and threaten with expulsion anyone found breaking off or gathering specimens. Only a few examples were needed to materially diminish this evil. Of course, it still continued in small degree, but those who indulged in it had to be at great pains to conceal their operations, and this of itself greatly reduced the destruction. I personally engaged in a long controversy with a reverend despoiler, whom I detected in the act of breaking off a specimen. A large part of his defense was that, as I had on no uniform, he did not know it was necessary to be watchful and careful in my presence.

The names of the vain glared at one from every bit of formation, and from every place where the ingenuity of vanity could place them.

Primarily I ordered that every man found writing his name on the formations should be sent back and made to erase it. I once sent a man from the Mammoth Springs and once a man from the Canon to the Upper Basin to scrub his autograph from the rocks; and one morning a callow youth from the West was aroused at 6:30 A. M. at the Fountain Hotel and taken, with brush and soap, to the Fountain Geyser, there to obliterate the supposed imperishable monument of his folly. His parents, who were present, were delighted with the judgment awarded him, and his fellow tourists by their taunts and gibes covered him with confusion as with a garment. But, notwithstanding the sharpest watch and greatest care, new names were constantly being added, and they could not easily be detected from the old ones on account of the number of names already there. So, in the early part of the season of 1892, with hammer and chisel, where necessary, the old names were erased and we started even with the world, and the geyser basins are practically free from this disfigurement to-day. The remedy was heroic and successful, as such remedies usually are.

The protection of the forests--perhaps of more material importance than any other form of Park protection--became a subject of study, care and attention. As a rule, fires originated in one of three ways: by carelessly left camp fires, by lightning, or by the rubbing together of two trees swayed by the wind. There is no way of preventing the last two forms of ignition; the only thing to be done is to keep a ceaseless watch, and, so far as practicable, prevent the fire from spreading. The extensive areas burned over in days evidently prior to the advent of white men make it very apparent that these two agencies of destruction were then at work, as it is certain they have been since. Camping parties are many of them from cities, and they know little, and care less, about the devastation a forest fire may create. They leave a small and apparently harmless bunch of coals where their camp fire was; after they have pa.s.sed on, a wind springs up, fans the embers into flame, the dry pine needles are kindled, and at once the forest is ablaze, and no power on earth can put it out. When once the flame reaches the tree tops, if the wind be strong, a man on horseback can scarce escape before it. As the wind ceases the fire quiets down, only to spring up again next day on the appearance of the afternoon breeze. The only time to fight the fire is when the wind has gone down and the flames have ceased. Then water poured on smouldering logs, earth thrown on unextinguished stumps, and the clearing of a path before the line of fire in the carpet of pine needles are the effective means of extinguishment. After a fire is once got under control it is no unusual thing for it to reappear 500 yards from any of its previous lines, carried there as a spark through the air, and dropped in the resinous tinder ever ready to receive and spread it.

In the four seasons during which I have been in the Park but one fire of any magnitude has occurred. That broke out along the main road, about a mile north of Norris, in July, 1893. As it did not break out near a camping place, its origin could not be traced to camp fires; nor could it be charged to lightning or rubbing of trees. It was evidently started by a match or other fire carelessly dropped by a member of the road crew, then working near there, or possibly by a cigar stump thrown from a stage by a tourist. It was at once reported to me by telegraph. The troop was at drill, and in less than twenty minutes a dozen men, under charge of a sergeant, were on their way, with shovels, axes and buckets, to the scene of the trouble. An hour later the report was that it was beyond control. I then sent out the balance of the troop, under Lieutenant Vance, and ordered Captain Scott down from the Lower Basin with all available men of his troop. Thus the whole of the two troops were at the scene, and they remained there toiling and fighting night and day for twenty days, when a providential rain put an end to their labors. The area burned over included some exceptionally fine timber, was in extreme length nearly six miles, and in breadth from a few feet in some places to near a mile in others.

A fire in pine woods may be successfully fought so long as it is kept confined to the ground, but once it gets a start in the tree tops no power on earth can cope with it; no effort is of the slightest avail.

Campers who leave their fires unextinguished often make the excuse that they did not believe any damage could result, as the coals were nearly dead. Although such might be the case at the hour of their leaving, in the still air of morning, the afternoon wind is quite capable of blowing them into dangerous and destructive life. My rule has been to insist on the rigorous enforcement of the regulation requiring expulsion from the Park in such cases. One or two expulsions each year serve as healthy warnings, and these, backed by a system of numerous and vigilant patrols, have brought about the particularly good results of which we can boast. In 1892 a fire on Moose Creek was sighted from a point near the Lake, and reported to me that night by wire from the Lake Hotel.