882 



FOREST AND STREAM, 



fDBC 14 1882. 



forward and would be heard, and who finished by currying 

 their point. Theses people were working for their pockets 

 unci the others only iu support of a -eniiment. A. curious 

 hodge-podge of ridiculous amendments were ultimately 

 recommended for adoption, bu1 uagpily failed ofjjecomtng a 

 part of the law of I he State. Anyone who will read over 

 the report of this moefing in FdHHB-l' and Stheam of March 

 23, will see. however, that loo many of the delegates thought 

 very little aboul protecting the game, but a great deal about 

 their chances of getting 11 shot at it. In fact, not to put too 

 tine a point upon ilir matter, tin ■<■< WaS a very unpleasant 

 m^aitestation of selfishness on it pari Of a number of the 

 delegates. 



Now. if the inhabitants of .very county in the Stale insist 

 thai iu their section it lie lawful to lake fish all the yeur 

 around, to shoot the raffed grouse and woodcock when the 

 young are too small to fly. and to run does heavy "With 

 young into the water; bnl feel anxious that, in every other 

 section but theirs, the lakes and streams and fields and woods 

 shall be carefully protected during all except a brief open 

 season at the proper time, if, WU say . sue h views are held 

 In run considerable imtnuer of people, it may he left to the 

 intelligence of our reader- to say what the result will he. 



If anything is to be done in lite way of proper protection, 

 each oue of us nuisi he willing In sacrifice the chaucc-Of 

 takinga few tisi, ,,r of getting some shots at birds for the 

 . common good. In other words, there must be more public 

 spirt) displayed in the matter than we are accustomed to 

 see. A man must not object to the abolition of spring- 

 shooting on the ground that the ducks and snipe if they are 

 not shol in New York will go to Nova Zenibln and lie killed 

 there. If one State takes the right step of abolishing spring 

 shooting others will follow promptly in Ihe path thus 

 pointed out, 



The number oi" game protector- which New Vork now 

 has is just enough to emphasize the absurdity of attempt- 

 ing to accomplish anything with an utterly inadequate 

 force. Oue or two of them we believe to have done good 

 work and to be deserving of honorable mention therefor, 

 but with these exceptions their duties appear to have been 

 limited to drawing their pay. There should not be less 

 than one game protector, warden, constable, or whatever it 



iua\ be thought proper to call him, for each county id tile 



State, and in many it would be better to have two, The 

 utter folly of attempting to protect game by means of eight 

 wardens in a Stao as large a- New Vork is too patent to 

 require comment 



Whether the incoming executive v\ ill prove himself any 

 more inclined to co-operate with the sportsmen of the State 

 than the outgoing Governor has beeu is a question which 

 time alone can answer, One ihing, hem-ever, appears cer- 

 tain, and from it we may draw some encouragement. 

 There never has been a time when so much interest was 

 shown iu the preservation of game as now. The subject is 

 growing in interest aud this tnteresl is daily extending. 

 People talk and think more about it than they used to. 

 The growth is steady, but we are sorry to say that il is very- 

 slow. 



m&-JEXPOET GAME LAWS. 

 i*|^HE Indiana test case has beeu decided, Judge Field ren- 



' .hiring an opinion that the non-export clause of the 

 game law of that State is unconstitutional. He reasons that 

 the game, having become by capture the absolute property 

 of the individual, is thereby taken out of all further control 

 of tie- State', Whether or not the sportsmen of Indiana will 

 accept this decision as final', and make no further efforts to 

 prohibit the exportation of game from the State, we are not 

 ai present informed. 



ire in several other Slates uon-expnrt clauses of a 

 similar nature, and if the decision of Judge Field he not re- 

 wi-sed. i hey will be futile to accomplish the desired end. 

 these laws, which forbid exportation of game after it may 

 have become ibe lawful property of the individual, obtain 

 in Dakota, Colorado, Minnesota anil Nebraska. 



In Connecticut linfl Michigan, the non-export laws arc 

 i\ onled differently, and iu such a way, it is claimed, that the 

 PQint of constitutionality is in no wise involved. These laws 

 do not relate to the gamealterit may have lawfully come into 

 possession, bul prescribe a certain purpose, namely, ex- 

 portation, for which game shall not be killed, and make the 

 Subsequent exportation of the game prima facie evidence 

 that it was killed for that purpose. Thus flit Connecticut 

 law reads: 



SkcmohJ. -S'l'iiersun shall sl any limekul auy woodcock, raffed 

 arouse, or quail, for the purpose' of convoying the same beyond the 

 limits of tbis State, Section 2. So person , corporation, or company 

 5UlO] transport or convoy any woodcock, ruffed grouse, or quail 

 killed Within this State beyond the limits thereof, or sell oi have in 

 Ms or their p i.-kcssiou any of such birds with the intention to pro- 

 .-.oe the sane' to he conveyed or trans))'. 1 1, ,1 beyond the limits of this 

 state. Section 8. The reception by any person, company, or cor- 

 rfthin the limits or this Slate of any quail, woodcock, or 



mi rouse for shipment to a point without the State, shall be 



pr/MMi/aWeevl i o e ths thesain bird or birds were killed within 

 tin-State for the ptti ■■■ lOfeonvByl gthi Bame bey ond the limits ot 



' Itafc Section I Any p.-r„,n viohi-viliir any ..fthe provisions of 



the preceding sections shall b< toed not less than seven nor more 

 dollars and coals of prosecution. 



In Iowa the law is a combination of both of these forms; 

 it provides thai certain game shall not be exported and that 

 certain other game shall not be killed for traffic. Li Mis 

 .oiiri it is declared unlawful (or non-residents to kill game 



for export; and there an- various other laws, worded to suit 



the fancy of their originators, ami without much regard to 

 their constitutionality or the ability to enforce them. 



Sevcwd more non-export laws are in contemplation. It 

 would be well for their framers to adopt a wording similar 

 to the Michigan and Connecticut laws, which have not 

 been assailed. 



THEIR LAST UEFVUK 

 r piIK time is coming when the large game of the West 

 -*- will no longer exist iu a ny considerable numbers, when 

 so lai as ihe hunter is concerned it will he practically ex- 

 terminated. The rapidity with which the Rocky Mountain 

 region is being settled up is astonishing to any one who has 

 for years been familiar with it, and who remembers a time 

 when it was a simple wilderness, whose only tenants wore 

 the wild beasts or still wilder men. Rapid and general us 

 has been the influx of population into this section, and vast 

 as lias been its improvement from an economic point of 

 view, these changes are only a hint of what, is yet to come. 

 For the. lirst few years after Ihe Country became accessible 

 by rail, the march Westward of the agricullurist and farmer 

 was comparatively slow. But people continued to pour 

 iu. and the settling up of the country went on with a con- 

 stantly increasing speed. The ratio was geometrical, im- 

 migrants came fester anil faster, Arable lands were taken 

 up, the slock grower scattered his herds everywhere, while 

 with pick, pan aud drill the hardy prospector brought to 

 light the mineral treasures alike of the foothills and the 

 snow crowned mountain lop. For years the change has 

 beeu going on which is transforming the wilderness of 

 yesterday into the bustling, thriving settlement of to-mor- 

 row. Each year, nay, each day, sees more Settlers pouring 

 in, new towns formed, ranches established on streams fat- 

 hack in the mountains; waters which since the beginning of 

 time have murmured only to the deer and elk, or to the red 

 masters of Ihe soil, but which will now echo to the 

 laughter of the settler's children aud tremble responsive 

 to the strokes of his ax. 



With such changes in the conditions of Ihe country it 

 may be supposed thai its indigenous inhabitants will suffer. 

 The Indian, the buffalo, the elk, deer and moose will disap- 

 pear; from many sections they have already done so. This 

 was to have been expected, and while it may be deplored, 

 it cannot be avoided. The interests of civilization demand 

 that the country shall he settled and improved, and a sen- 

 timent, cauuot be permitted to stand in the way oi such 

 improvement. Lamentable as it is to see these superb 

 animals swept off from the face of the earth, it is some- 

 thing to which we must submit. All we can do is lo exert 

 ourselves to render this extermination, as gradual as possible. 



Over twelve years ago an act was passed lay Congress, 

 which, it. was then hoped, would provide a refuge for this 

 game, a place where for all time the different animals 

 might remain undisturbed by the hunter, might propa- 

 gate their species, and might show to the grandchildren 

 of the present generation the game that their forefathers 

 used to hunt. The Yellowstone National Park was estab- 

 lished in the following lauguage: 



ACT APPROVED MARCH 1. 1873. 

 RWtsed Statutes of the Untied States, sections Hti and U7o.) 



Sec. SM7-1. The tract of laud iu tire Territories of Montana and Wy- 

 oming, lying near the headwaters of the Yellowstone River, and de- 

 scribed us follows, to wit, commencing at the junction of Gardiner's 

 River with the Yellowstone River, and running east to the meridian 

 passing ten miles east of the most eastern point of the Yellowstone. 

 Lake; thence south along said meridian to the parallel of latitude 

 passing ten miles south of the most southern point of Yellowstone 

 Lake; thence westalong said parallel to the meridian passing fifteen 

 miles wast of the most western point, of Madison Lake; thence north 

 along said meridian to the latitude of the junction of the Yellowstone 

 and Gardiner's Rivers; thence east to the place of beginning, is re- 

 served and withdrawn from settlement, occupancy., or sale under the 

 laws of the United States, and dedicated and set apart as a public- 

 park or pleasuring ground for the benefit and enjoyment of the 

 people ; and all persons who locate or settle upon , or occupy any part 

 of the land thus set apart as a public park, except as provided in the 

 following section, shall bo considered trespassers and removed there- 

 from. 



Sec. 2475. Such public park shall 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 regulations as tie 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, aud their retention in their natural con- 

 dition. The Secretary may, in his discretion, grant leases for build- 

 ing purposes, for terms not exceeding ten years, of small parcels of 

 ground, at such places in the park as may require the erection of 

 buildings for the accommodation of visitors: all of the proceeds of 

 such leases, and all other revenues that maybe derived from airy- 

 source connected with the park to be expended under his direction 

 in the management of the same, und the construe tloji of roads and 

 bridle-paths therein. He shall provide against the wanton destruc- 

 tion of the flsh and game found wilhiu the park;, and against their 

 capture Or destruction for the purpose of merchandise or profit. He 

 shall also cause all persons trespassing upon the same to be removed 

 therefrom, and generally is authorized to take all such measures as 

 may be necessary or proper to fully carry out the objects and pur- 

 poses of ibis s.-etion. 



The passage of this act was generally approved. The 

 territory set apart for the Park contains natural wonders 

 which arc unequalled auywhere in the world, and which, 

 if left to private settlement, would simply be used by their 

 future owners as money-making shows. The region offers 

 no inducement lo the farmer, for it is rugged and mountain- 

 ous, nor to the stock raiser, for the altitude of a large por- 

 tion of it is so great, that cattle cannot be grazed there in 

 winter. It was hoped and believed that here was a reser- 



vation which would be protected from the inroads of the 

 skin hunter, where game might be free from molestation, 

 and so add to the attractions of the Park. The language of 

 the statute quoted above warranted such a belief. 



ITowhave these hopes been fulfilled? Why, in the usual 

 way, to be sure. This "great and glorious government" 

 has again stultified itself by enacting laws without supply 

 ing the means to enforce them. The Park is overrun by 

 skin hunters, who slaughter the game for the hides, aud 

 laugh defiance at the government. The Park is a pleasant 

 summer resort for the Secretary of the Inferior, whoever h« 

 may be. who makes his jaunt thither, wonders greatly at 

 what he sees, and returns to Washington, The curse of 

 politics has entered into the management of the reservation, 

 and .Ihe little money appropriated for its maintenance 

 is wasted by incompetent and ignorant officials. It is 

 leased to private pa rties. who desire to make a peep show 

 of its wonders. 



It is many years since we first visited the Park and lie 

 came familiar with its wonders. Since then we have many 

 limes called attention to the fact that in the reservation Un- 

 people of the United States have a game preserve of great 

 extent, the natural home of all our varieties of Western 

 large game, which, by the expenditure of a few thousands 

 of dollars annually, in thorough policing by good. men. 

 could be made a permanent breeding place for the larger 

 wild animals which will, otherwise, before long, become ex 

 linct. More than once the game has been nearly or quite 

 driven from the Park, but as it remains unsettled, while the 

 neighboring country is fillingup, it will be for years to come 

 a place where the animals will gather for safety. 



The importance of this subject has long been appreciated 

 by many of those who are familiar with the Park and its 

 capabilities, and army officers of high rank have been 

 shocked by the destruction of our game in this particular 

 locality, where it should be safest from the greed of butch- 

 ers. In a report to the War Department, presented in 1876, 

 Col. William Ludlow, C. S. Engineers, drew special atten- 

 tion to this subject, in the following language. He says : 



Hunters have for years devoted themselves to the slaughter of tin- 

 game, untU within the limits of the Park it. is hardly to be found. L 

 was credibly informed by people on the spot, aud personally eogniz 

 tint of the facts, that during the winter of 1874 and 1875, at which 

 season the heavy snows render the elk an easy prey, no less than 

 from 1,500 to 2,000 of these, the largest and finest game animals iu 

 the country, were thus destroyed within a radius of fifteen miles of 

 the Mammoth Springs, From this large number, representing an 

 immense supply of the best food, the skins only were taken, netting 

 to the hunter some $3.50.or $3 apiece ; the frozen carcassei ■ taj ' 

 in the snow to feed the wolves or to decay in the spring. A centime 

 auce of this wholesale and wasteful butchery can have but one effect, 

 viz. the extermination of the animal, and that, too. from the ver, 

 region where he has a right to expect protection, and where his (W 

 qttent inoffensive presence would give the greatest pleasure to the 

 greatest number. 



The oure for these unlawful practices and undoubted evils can only 

 he found in a thorough mounted police of the Park. In the absence 

 of any legislative provision for this, recourse can most readily '.„■ had 

 to the already existing facilities afforded by the presence of troops 

 in the vicinity and by the transfer of the Park to the control of the 

 War Department. Troops should be stationed to act' as guards at 

 rhe. lake, the Mammoth Springs, and especially iu Geyser Basin, A 

 couple of signal-sergeants might profitably be employed in keeping 

 meteorological and geyser records, which would be of great interest 

 and value. 



The same officer further says: "Visitors should be tor 

 bidden to kill any game. The hunters should have their 

 arms and spoils confiscated, besides being liable to proseCu 

 HOn." One of Col. Ludlow's assistants, iu his report lo 

 thai officer, says, referring to the same subject: 



Buffalo, elk, mule-deer, and antelope are being slaughteiv.l by 

 thousands each year, without regard to age or sex, and at all seasons. 

 Of the vast majority of the animals killed the hide rally is taken, 1>V 

 males of all these species are as eagerly pursued in the spring, when 

 just about to bring forth their young, as at any other time. 



ft. is estimated that during the winter of 1874-'7S not less than 8JJ0O 

 elk were killed for their hides alone in the valley of the Yellowstone, 

 between the mouth of Trail Creek and the Hot Springs. If this l, r 

 true, what must have been the number for both the Ten in i 

 Wyoming and Montana] r Buffalo and mule-deer suffer even more 

 severely than tie elk, and antelope nearly as much. The Territories 

 referred to have game laws, but, of course, they are imperfeot, ahd 

 cannot, in the present condition of the country, be enforced. Much 

 however, might be done to prevent the reckless destruction of the 

 animals to which I have referred, by the officers stationed on tin- 

 frontier, and a little exertion in this direction would bewelliepald 

 by the increase of large game in the vicinity of the posts where it w as 

 not unnecessarily and wantonly destroyed. At one or two points, 

 notably Camp Baker, efforts have been made to drive oft the skin 

 hunters, and with such success that the officers have very fine hunt 

 ing within easy reach. The general feeling of the better class of 

 frontiersmen, guides, hunters, and settlers, is strongly against tbosr 

 who are engaged iu this work of butchery, and all, I think, would be 

 glad to have this wholesale and short-sighted slaughter put a slop 10 

 Hut it is needless to enlarge upon this abuse. The facts concerning 

 it are well known to most army officers and to all inhabitants of the 

 Territory, ft is certain that, unless in gome way the destruction of 

 tln-sc animals can be cheeked, the large game still so ahundanl In 

 some localities will ere long he exterminated. 



These recommendations were made nearly seven years 

 ago, but were unheeded. It is true that for several \ ears 

 past the superintendent of the Park has had in ins employ 

 a gamekeeper, bul, the most careful study of recent reports 

 by that official fails to show- that he has done anything \vli.n 

 ever in the way- of protecting the game, either by arresting 

 or warning off skin hunters or visitors who were disposed 

 to use their arms within the limits of the reservation. The 

 fact appears to be that the Park is, under the present con- 

 dition of things, a mere loafing place for a lot of people 

 who ire paid for spending their summers in journeying 

 about through this beautiful regiou. 





