364 



FOREST AND STREAM. 



Pec. 3, 1885. 



THE SPECIAL REPORT ON THE PARK. 



Washington, Sept. 13, ]885. 



^tary of Ihc. Interior: 



! I last. 1 was appointed a special a^•eIlt of 

 examiue mto llie condiiion of rhe Yellow- 

 j-etfrencc to it;^ protection, pi-eservation 

 - •r letter of fchnt date yoii ordered me to 



Hon. L. Q. C. Lamar, P.eci 

 SiB-TJnder date of Jnlv 

 the Interioi- Department to 

 stone National Pork, with 

 and im|3rovemci)l, and bv 



direct my attention particijlavly to the followlug suhjectsr 



''lou will extimine into all leases and other privilege-! which have 

 been s-ranted by the .Department, bo ascertain wiiptlier the lessees of 

 g-round tor hotels and other Innldintcs have located the same upon 

 the sites df-sipnated, and whether the buildiuss have been constructed 

 substantially lu tcecordance with the plans approved by the Secretary 

 of the interior. \ on will also asceria,in whether any' of the oersous 

 to whom leases or other privilep;cs have been granted, have failed to 

 comply with the conditions of the same, or have assumed to exercise 

 any priFiief^es not auihori.'^ed by this Deparfcmejit, stating in what re- 

 spect they have deviated from the tyrant, and the reasons assigned by 

 them torsuch deviation. You will also direct your attention to the 

 subject of what f m tlier provision is necessary ro the comfort and ac- 

 cotnraoda^tion of persons visitin;,^ llie Park: whetherit is desirable 

 That any further leases should lie sranted for hoiels, and if so, at 

 What points. Whet'nor it is dcsiralile that additional privileges should 

 be granted for ercctinK ,-ind ]3roviding livery .stahles, stage Imes, or for 

 furnishing pack trains and oullits for persons who wish to camp out, 

 and generally whether any further action should be taken by the 

 Deparr-iuent withm the authority conferred by lawupoathe Secretay 

 of the Interior, toward canning out the desigii of Congress in setting 

 ai-iart the Park ".as a ijleasure ground for the benefit and enioyment 

 of the people ' " 



"It is also desired that you will ascertain whether there are any 

 persons residing withki the limits of the Park, or carrying on any 

 husiness therein, without, written piermissiou from this 'Department 

 giving the names of such ppr,sons and their location in the Park." 



You also remarked than my attention had been directed to ihe above 

 mentioned subjects as those uponwiiich information was particularly^ 

 desired; although It was not intended that ray examintition shoukl 

 he strieily confined to those iioiuts, Imt might extend to any matter 

 relating to the Park i-hat miKht come un<ler my notice; and' that the 

 Department would be pleased ro receive any siiguestions 1 might have 

 to make m the direction of improvement in the mauagemput of the 

 Park-, and m the provisions for tlie enjoyment of it by the people. 



I reached the Mammoth Hoi, Springs in the Yellowstone National 

 Park on July i6 and reinairjcd within the Park until Sept. ti. The 

 Whole of that time I devoted to the examination of the matters men- 

 tioned in your letter of instruction. I visited all the localities where 

 privileges had already been gianted by tlie Department, and w-here 

 they were likely in the future to bo applied for. 



The wisdom of Congress in setting aside the land embraced withm 

 the YeUowsione Park as a national resort has been fully demon- 

 strated. Every year since 18Ti>, w hen the action of Congress was 

 taken, has seen a steady increase in the numiier of persons visjtiug 

 the Park, and at the same time a corresponding increase In the 

 facilities of reaching it. 



From the best information I could grather, I would say that four 

 thousand persona was a low figure at which to place the number of 

 visitors to the Park during the summer just passed. 



No portion of the giolie affords in a circumscribed area such 

 phenomena and beauties of nature as arc contained within the limits 

 of the Park. The Park has become hi every sense a national one, 

 and pubUc sentiment demands that the Government should do all iu 

 its power toward its care and toward making its wonders accessible 

 to the people. 



THE GOVERNMENT OF THE PARK. 



Before entering into the isarticular matters pointed out for my 

 Investigation, 1 desire to call to your attention, on account of its im'- 

 portanee, the state of the government of the Park, in order that such 

 Executive recommendations may be made as may seem proper. 



It seems strange that Congress should have up to this time 

 hegl^cted to provide any govcrmnent for the Park, except by the 

 provision of t.ie organic act, which places it under the excltisive 

 control of the Secretary of tlie Interior, whose duty it was mad 

 frame and publish .sueii rules and regulations as' he might deem 

 necessary for the care and management of the same 



The Park has now assumed such national importance as lo impera- 

 tively call upon Congress to provide some system of justice by ivttich 

 the Park and the public visiting it can be protected. 



The land embraced within the limits of the Park was originally 

 withm the boundaries of the Territories of Montana, Wyoming and 

 Idaho. The lav. s '.r .,h:v-i- Territories [iresuniably were in force over 

 such land at ■ Paik was established and conuuuedin 



force at ev t' unlesrs there is something in the act of 



reaervatioa p: ^- continued operation of the Territorial 



laws, or such i,. o;- :i! - .j|)i!osed LO laws of Congress or the rules and 

 regulatious made by the Secretarv of the Interior. So much is clear. 

 Chicago and P.acmc Kailroad v. McGlenn. HI U. S, 517. 



But a different question remains: Can the respective Territories 

 exercise authority within the boundaries of the Park? This has 

 been attempted iiy the Ttiritory of Wyoming. At the present time. 

 Justices of the Peace, appouitcd under a law of that Territory, dated 

 Mtu-ch C. 1S84, are holding Com ts at tlje Mammoth Hot Springs, and 

 at the Lower Geyser Pa.sin, bolu points within the Park, and since 

 the enacnuent of tne law have tried and punished numerous persons 

 for vioiaiioas of the net of tuat date, which is "an act to render 

 operative and effectual thelawa wf the Territory of Wyoming, within 

 that portion of the Yellowstone' Park lying within said' Territory." 



While some of rhe provisions of that law for rhe protection'of the 

 Park and the game within it are eominondable, it is difficult to see by 

 what right Wyoming has nndoriaken to exercise through Its officers 

 jurisdiction within the Park. 



If NVyoroing possesses such a right, Idaho and Montana have the 

 same rights, and with such conflicting enaetmeuls as they might 

 provide and enforce, it can be easil.y seen that the pleasure of the 

 vlsitiug pablio would be seriously interfered with. 



It seems to me that when Congress by the organic act put the Park 

 under the exclusive control of the Secretary of the Interior, they 

 intended to take it from under the control of the Territorial autlior- 

 ities, and that inasmuch as the Secretaries of the Interior have pro- 

 mulgated such rules and regulations for the care and management of 

 tlie Park as they have deemed necessary, there is no authority in a 

 Territorial legislature to enforce Territorial enactments witliin its 

 bounaaries. 



By ihe organic act. all persons located within the Park without the 

 assent of the Secretary can be expelled as trespassers. By what 

 right has Wyoming undertaken to locate her authorities wiciiia tlae 

 Park and to enforce her law for its government? That law has never 

 received the assent of 'I'oiigreas and cauoot, therefore, bo considered 

 a,s enforced by Federal sanction. 



Moreover, some nf the provisions of the Wyoming law are in con- 

 flict with the rules and regulations of the Interior Department, and 

 some of them are hi^rhly rioioulous. 



A regulation approved \)y Secretary Kirkwood very properly pro- 

 hibits "the removing: ot mineral deposits, natural curio.siries or 

 wonders, or the dispiaecmeui; of the same from their natm-al con- 

 dition " 



Regulation 3 provides thaij the Superintendent of the Park may 

 give permission for the collection ot such specimens as can be 

 removed without injury to the natural features or beauty of the 

 grounds. 



liut by Section 7 of tlie Wyoming act it is made unlawful "for any 

 person to remove any part, portion or particle of the natm-al curi- 

 osiaes or oiijects of interest, or anything whatever, within the 

 Yellowstone tsational Park, whether ti'ee, rock, stone, shrubbery, 

 earth, geyser formation, grass, or anything whatever, except that it 

 may be permissible to use timber for fuel or house building, and any 

 person so offending shall be guilty of a misdemeanoi , and shall on 

 conviction thereof be purilshed by a fiue not exceeding one hundred 

 dollars, or by imprisonmeut iu the county jail, not exceeding .six 

 mouths." 



This Draconian legislation was enforced by the Wyoming justice.s 

 within the Park, to ' the extent of arresting prominent citizens of 

 Philadelphia for picking up in the ijubhc load a few obsidian chips. 

 They were huod S5 each. 



It is in no wise an exaggeration to say that if ten thousand tons of 

 this substance was removed from the road and its vicinity, it would 

 certainly improve the road and add to the attraction of the scene. 



While I was in the Park other visitoi-s ot the highest respectabiht,y, 

 ladies and gentlemen, were arro:rted for picking up small pieces of 

 the formation at the Hot Springs, aud were likewise fined. 



Many visitors to the Park desire to carry home with them such 

 small specimens of the pecuhar formations m the Park as they may 

 chance to pick up, and W'hhe it is highly important that the natural 

 beauties of the Park should be preserved from defacemefit. it can 

 serve no purpose except to annoy visitors to enforce such rules as are 

 contained in the Wyoming law. 



By Section l2of that law aOfees collected by the ,1u8l:ices of the peace, 

 wiio are appomted for that portion of the P'ark formerly lying within 

 the boundaries of Wyoming, ai'e to be retained by such justices and 

 paid to thtm or lo the constables, and by Section IT one-half of all the 

 tines assessed ag-ainst offenders shall b"e paid to the oflUcer or other 

 person who appears as the prosecuting witness. 



Acting under the stimulus of prospective reward, u-rests were made 

 ot tourists while I was in the Park, and, from a full acquaintance 

 with the facts. I do not hesitate to pronounce such an-esis wholly un- 

 justifiable. 1 refer particularly to the arrest of Messrs. Wyiie and 



Koch, of Bozeman, in August, and that of Congressman PaysoD, of 

 Illmois, ui the same month. 



I attended the former trial, which"oceurred at the Lower Geyser 

 Basm before Justice Hall. The charge was that Mesar'^. Wylie and 

 Koch had not extinguished their camp-fire before breaking'camp in 

 the vicinity ot the place of trial. They are, I am informed, both 

 fi?";.,"*^". °^ '"^'^ standing in Bozeman The defendants testified 

 that they had extir;.guished the fire. Assistant Superintendent God- 

 trey, who made the arrest, charged that the Are was still smokmg 

 when he savv it after the departure of the defendants. Mr. Arnold 

 Hague, Chief of the U. S. Geological Survey in the Park, testified that 

 he had visited the site where the camp-fire was built; that it was a 

 very small fire built in the green grass, where there was no pos*ibil- 

 ityof it commur.icating, and that it bore all the evidence of having 

 been entirely extinguished. This was all of the evidence. The justice 

 sentence! the defendants to pay a fine of $50 each and costs. Half 

 ot this, under the Wyoming law, went to the Assistant Superintend- 

 ent who made the arrest, and Justice Hall informed me that heal ways 

 divided the fine with the Assistant Supcrhitendents when they made 

 the arrests. As it is the duty of these assistants to enforce the rules 

 and regulations made by the Secretary of the Interior, and as they 

 are .salaried officers of the United States, it is a scandal for them to 

 receive a reward for performing theu- duty. 



In Ihe other case I have referred to, Judge Payson was arrested on 

 a .similar ehsirgc. He proved that he had extinguished his camp-flre 

 and covered it up- He w^as llued by the same ju.stice $60 and S13 

 costs, Upon his indignantly^ protesting against this sentence, the 

 justice reconsidered his judgment and finally agreed to accept one 

 dollar in place of the original fine. 



Such instances as these show how necessarv it is for Congress to 

 provide some judicial machinery for the Park and not leave the 

 public »t the mercy of ignorant or unscrupulous men appointed under 

 Territorial law. 



The practical question is, what shoidd that machinery consist of ? 

 I answer that it shotild be by all means of a federal character, and at 

 the same time it should be of a simple character. 



It scorns to me that a measure .should be adopted vesting iu the As- 

 sistant Superintendents the powers of depuiv marshals, including 

 that of arrest. That two United States commissioners shordd be ap- 

 pointed, one to sit at the Mammoth Hot Springs and one at the Lower 

 Geyser Basin, witli such extraordhiary powers as are conferred upon 

 the commissioners appointed under the recent Alaska Act. They 

 should be invested with Jurisdiction to try all offences not above mis- 

 demeanors, and all violations of the laws of Congress, or the rules and 

 regulations made by the Secretary of the Interior for the government 

 of the Park. At the same time Congress should provide the pains 

 and penalties for a violation of the laws or regulations. 



The offenses of a higher nature might be tried by such United 

 States court as Congress should designate. 



It would seem too plain to call for argument, that in a national 

 park the national laws and regulations should be enforced by a na- 

 tional tribunal. Ualess ,tnis is done the traveling public, emljracing 

 persons from all quai'ters of the globe, cannot find adequate pro- 

 tectiou. 



KULES ANU HEOirt^TIONS, 



The first rules and regulations were made by P. W. Noiris, Super- 

 iatendent in 1881, and were approved by Secretary Kirkwood. 



These were amended in 1882 by Secretary Teller, so as to absolutely 

 prohibit the killing of certain kinds of game withiu the Park. 



I nowhere observed within the Park any posting of these regiila- 

 tions and frequently I was asked by visitors to inform them what the 

 rales and regulations were. The Superintendent had not posted the 

 rules and regulations because they were at variance with themselves 

 and moreover he was not advised whether the Department wished 

 him to pest the provisions of the Wyoming law. to which I have re- 

 ferred. 



I think that the Secretary should revise the rules and regulations 

 made by his predecessors so as to make them homogeneous, and at 

 the same time should advise the Superintendent as to whether be 

 should post the Wyoming law. While ignorance of the law is no 

 excuse, at the same time it savors of harshness to punish for offend- 

 ing against regulations which the public have no accessible means of 

 knowmg. The regulatious should be printed and posted in all the 

 public houses wit hin the Park, and at cerl^aln prominent points at 

 which visitors might easily see them: at the same time a penalty 

 should be provided for the defacement or tearing down of such regu- 

 lations. 



In this connection I beg leave to suggest the following additions to 

 the rules and regulations: 



(1) Advertisements are hereby prohibited being posted throughout 

 the Park, except such as may be necessary on builoinga situated on 

 leased ground. 



The propriety of this rule is manifest. The natural beauties of the 

 Park will soon be obliterated, unless such a measure is adopted. 



(2) The shooting at, wounding, capturing, or killing of any animal, 

 or bird, within the Park, is hereby prohibited, 



The regulation of Secretary Teller enumerates a long list of ani- 

 mals and birds which the regulation makes it unjawful to khl. While 

 blackbirds and other migratory birds are enumerated, such animals 

 as squirrels and rabbits are omitted. This is also the case as to bears ; 

 shooting, therefore, is still permitted to a limited extent within the 

 Park. The consequence has been that under the excuse of hunting 

 bear and other animals, not on the enumerated list, the large game 

 in the Park, which the Government is so much interested in protect- 

 ing, has been slaughtered. 



If the game within the Park is to be preserved (and that is one of 

 the most important objects of the Park) I am of opinion that ail 

 shoot ng within its limits must be prohibited. 



It has occurred to me to suggest an ahsolute prohibition against 

 the carrying of guns witliin the Park as an efficient remedy against 

 the killing ot the game. In answer to this suggestion it'might be 

 rightly said that mtiny visitors to the Park go through it with their 

 guns for the purpose of shooting outside the limits of the Park, and 

 that it would be a hardship to prohibit such persons from carrying 

 their guns with them, or else avoid the Park. Without further re- 

 mark I will leave this point for your consideration. 



In a few years the buffalo and elk and mountain sheep will only be 

 seen in the United States within the limits of the Park, and no meas- 

 ure too stringent can be adopted for their protection. 



(3) No person without a license from the Superintendent shall be 

 permitted to reside within the Park and act as guide; and the Super- 

 intendent shall have the power at any time to revoke such license. 



I think it would be of great advantage to the public if this rule 

 should be adopted, The traveler would know when he selected a 

 licensed guide that he was a person on whom he could rely, and at 

 the same time the Superintendent would be greatly aided and iissisted 

 by a body of men skilled in woodcraft and thoroughly acquainted 

 with the country. As guides licensed by the Govei-nment the.v would 

 take a natural pride in serving well the public and in the protection 

 of the Park. As it is, the public is at the merc.y of hordes of worth- 

 less fellows in the Park, who frequently succeed in palming them- 

 selves off as guides. 



Before leaving the subject of the regulations, I call .your attention 

 particularl.y to the open violation of the regulation forbidding the 

 sale of intoxicating liquors within the Park. That regulation is a 

 dead letter. At every point in the Park where there are found hotels 

 saloons are openly kept. At the* Geyser Basins there are saloons of 

 the lowest character separate from and adjoining the hotels, and iu 

 full view of every one entering the hotels. Much of the disorder 

 •Which has occurred during the past summer in the Park is traceable 

 to these saloons, and the Superintendent should.be at once ordered to 

 have them closed, and to strictly enforce the regulation. 



to cut hay. or such mmor privUeges as keeping cattle for beef, or 

 herds of cows tor supplying milk. 



RAILROADS WITHFN THE PARK. 



Interested parties have for some years broua-ht to bear a constant 

 pressure upon Congress and the Department, to induca action in favor 

 of a railroad through the Park. This railroad is sought osteusihly for 

 the purpose of biintaug i,o market the ore from CooRe City a mining 

 camy adjacent to the northeast boundary Une of the Park ' 



If there is one object which should be kept m view more than any 

 other. It IS that of preserving the Park as much as possible in a state 

 of nature. A railroad through the Park would po far to destroy its 

 beauty, and besides is not demanded. 



The roads are being improved yearlv, and soon w^ill make every 

 portion of the Park easily accessible. The distance between the 

 |>omts of interest is not great, and transportation is good and plenti- 



Apart from the consideration I h.at a railroad is not needed in the 

 Park and that it would deface its beaut.y, is the further considfiration 

 that the two great objects of Congress in creatmg the Park, to wit: 

 the preservation of the game and the forests, would be unattainable, 

 should a railroad be allowed wdthin the limits of the Park. 



The parties interested in the Cooke City Mines are seeking to have a 

 portion of the Park cut off and restored to Montana, in order to have 

 aradroad built through it to Cooke fiity. 



I think the Department should strenuously oppose this project. 

 The country proposed to be cut off is one much frequented at times 

 by game, and its refenlrion within the boundaries of the Park is uoees- 

 sary for the protection of the game. 



If the parties interested in tiie mines really .arp desirous of a rail- 

 road reaching that place, I am satisfied from ddisreut innniry that a 

 route from Billings, Montana, to Cooke ispractit:able. Sitch'a route 

 would he wholly outside the boundaries of the Park. 



HOADS. 



Lieut. D. C. Kingman, the efficient engineer ofiacer in charge of the 

 roads in the Park, wiU report tully on this subject. 



Lieut. Kingman has done all iu the way of ri)ad-bui!ding which he 

 has been able to effect with the small appropriations at his com- 

 mand. Many points of the greatest interest in the Park cannot yet 

 be reached except on horseback by trails. The roads to these points, 

 notably points on the Yellowstone Lake and over Mount Washburn to 

 Tower Falls', cannot be built unless a much larger appropriation is 

 made b.y Congress tlian was made by the last approi:iri.tfioii act. A 

 large portion of the Park will remtin to the public generally ferr((. 

 incognita unless additional roads are constructed, and I ir'ust von 

 will succeed iu inducing Congress to vote an adequate appropriation 

 for their construction. 



Three objects were sought and accomplished by Congress in the 

 establishment of the Park: First, a pleasure ground for the benefit 

 and enaoyment of the people: second, the pieservatibn of the great 

 game of the country; and third, the preservation of the natural 

 forests m a region where so many of the great rivers of the continent 

 find their source. 



To attain the first object Congress provided that the Park should 

 be kept free from settlement, in order that private rights should not 

 tmerfere with those of the public and in order that the region set 

 apart should be preserved in a state of nature. 



At the same time it saw that some provision should be made for 

 the accommodation of those visiting the Park, and accordingly it 

 was provided m the organic act ot 1872 that the Secretary of the' In- 

 terior may, iu his liiscretion, .trrant leases for building purposes for 

 terras not exceeding ten years, of small parcels of grctxnd at such 

 places in the Park as shall require the erection of buildings for Che 

 accommodation of visitors. 



Under the power thus conferred your predecessor, Secretary 

 Teller, granted a number of leases in various portions of the Parit, 

 It is now plam that many of such leases were granted to unfit persons 

 and at localities where they should never have been granted. The 

 discretion conferred by the act upon the Secretary should he spar- 

 ingly exercised, otherwise the design of Congre-ls to preserve the 

 Park from .settlement wih be nullified. At tlie same time every ac- 

 commoiiation should be afforded to visitors. 



The privileges heretofoie granted under leases have been princi- 

 pally for hotel purpo.ses, and the leases have included. incldeufcHUy- 

 the right to erect and keep stores and livery stables and the right to; 

 tran.sport passengers through the Park. 



I am of opinion that no future leases for hotels should authorize- 

 the lessees to keep stores or to act; as carriers or transportation 

 agents. The privileges should be kept separate and in dift'erent 

 hands. The public will thereby be better served, and at the same 

 time at a cheaper rate. 



It would be of advantage and a great convenience to travelers, if 

 there were a few stores m the Park at which they might purchase- 

 such provisions and articles as they might need, and at The same' 

 time it would be a great saving to the Government officials in the 

 Park, who are at present obliged lo send outside of its boundaries tc 

 make their purchases. 



It is also highly important that the public should have abundant 

 transportation faciUties, While there are at oresent a great many- 

 persons carrying on the business of transporting i^sitors through the- 

 Park, with one or two exceptions they have no recognized status. 



In my opinion the authority of the Secretary ot the Interior tc 

 grant leases or permits for stores and transportation facilities isi 

 clear. By the organic act the Park was placed under the exclusive 

 control ot the Secretary, and he was empowered to grant leases not 

 exceeding ten acres for the erection of buildings for the accommo- 

 dation of visitors. 



Your predecessor. Secretary Teller, undertook to grant, by virtue 

 of his powers under the act, exclusive hotel rights to persons after- 

 ward known as Che Park Improvement Company. Congress i-efused. 

 to confirm the grant, and provided bv the act of March ;:l, hSsii, that 

 "the Secretary oC the Interior miKh't lease portions of groundnut 

 exceeding ten acres to any one person, on which may he erected, 

 hotels, and that no hotel or other buildings shoidd be erected withiu 

 the Park without a lease. And all contracts, agreements or exclu- 

 sive privileges, theretofore made, in regard to the Park, are declared 

 invalid." 2.1 Stat. 626. 



SUPERINTENDENT AND ASSISTANTS. 



The present Superintendent, Mr. Wear, is thoroughly efficient and 

 desirous of promoting the interests of the Park. It Is absolutely 

 necessary, however, for its protection, that his assistants should be 

 skilled in woodcraft, capable of finding their way through vast triicts 

 of mouutain country without roads or trails. Their duties priiicipally 

 consist in protecting the game and extinguishing forest fires. They 

 should be selected, if possible, from the surroiuiding region, and be 

 tried men appointed on account of their knowledge of the country. 

 Instead of being called Assistant Superintendents, they should be 

 designated by a name which describes their duties — Park Police. 



The i^reseni number of Assistants should be increased if the Park 

 is to be properly protected. 



Under the appropriation acts there has been a lump sum appropri- 

 ated each year for every purpose necessary for the Park. Out of 

 this salaries are to be paid, and it is uucertain how much of the bal- 

 ance is to go to the Superintendent for the general purposes of the 

 Park, and wdiat portion is to be used for roads. 



Until an agreement is made between the Engineer officer in charge 

 of the roads and the Superintendent, this is not determined. 



It would be of much advauttige should the Superintendent file iu 

 the Department his separate estimates as to the sum he will require, 

 and for the Engineer officer in charge to make a like estimate for 

 the roads. Congress would be thus enabled to make a separate ap- 

 propriation for each. 



It seems to me advisable that you shotdd vest in the Superintendent 

 all the power you are capable of delegating. He is the representa- 

 tive ot the government in the Park. Being on tlie spot he is enabled 

 to form a correct iudgmeutupon winch to base action. 



The Secretary should be appealed to only in matters of of large im- 

 portance, such as relate to the Goverument and regulation of the 

 Park. 



Thus the Superintendent should have full authoiity to give permits, 



It IS evident that by providing against exclusive grants of hotel 

 privfieges Cou.gress did not mean to limit the power of the Secretary 

 contained in the organic act to grant leases of ground upon which to 

 erect buildings, for whatever jnirpose, for the accommodation of 

 visitors. Proper transportation facilities and supply stores are as 

 important for the accommodation of ttie public as 'hotel facfiities, 

 and if there existed any question as to the authority of the Secretary 

 to grant formal leases of land for .such purposes, his power is ample 

 to license the carrymg on of such a busraess within the Park, and to 

 grant permits to estabhsh store houses, stables and corrals at such 

 points as should be designated by the Secretary. 



LEASES. 



I found great confusion existing as to the leases which had been 

 granted. 



In some instances there had been no attempt on the part of lessees 

 to build within the boundaries of their leases. Some of the lessees 

 seemed to think they could build svherever it suited their pleasure, 

 and that the Department would not disturb I hem when once their 

 buildings were erected. Iu other instances the leases conflicted with 

 each other. 



Again, I found parties had settled in the Park and erected buildings 

 without any pretense of a grant from the Department. 



The Superintendent should be at once directed to remove from the 

 Park all intruders and trespassers and to tear down such buildings as 

 the,y may have erected. 



There have now been filed maps of the locaUtles where leases have 

 been granted and buildings erected, at the Mammoth Hot Springs and 

 at the Lower Geyser Basin, prepared under the supervision of IVlr. 

 Arnold Hague, Chief of the U. S. Geological Survey In the Park. An 

 inspection of these maps will show the situation of the leases at those 

 places. The whole matter can best be understood by taking up seriatim 

 the various leases which have been granted. Under each lease I will 

 call your attention to such departures from the terms of lease as may 

 have been made, and generally whetner the lessees have performed 

 their agreements with the Government. 



itfAMMOTU HOT SPRINGS— LEASE OF PARK IMPROVKMENT COMPANY. 



This lease was originally made March 9, IHSS, to C. T. Hobari and Jl. 

 F. Douglass and Bufus Hatch. Afterward a company was organized 

 kuovvu as the Park Improvement Company, and trejisfer of the lea.se 

 was made to the company by the lessees with the consent of the 

 Department. 



Prior to that date as Secretary TeUer had made an agreement under 

 date Sept. 1, 1882, with the same parties, granting to them exclusive 

 hotel and other privUeges wdthin the Park, and a lease was drawn up 

 in accordance with the agreement, but never signed. Congress having 

 by the act of 188.3, which I have above referred to, nullified the 

 grant. 



It is claimed by the Park Improvement Company that the agree- 

 ment of 1882 is slih iu force, except in so far as the privileges thereby 

 conferred are in their nature exclusive. 



As this agreement confers many rights not contained in the lease 

 of March 9,-]883, it is ot much impoitanee that the Secretary should 

 determine whether the itgreemeot is still in force. My own opinion 

 is thai the agreement is no longer operative. The language of the 

 Act of 1883 is very broad; "All conliracis, agreements or exclusive 

 privileges made or given in regard to said Park are hereby declared 

 to be invalid." 



As the agreement of 1883 was the only contract or agreement which 



