146 



FOREST AND STREAM. 



(Sept. 10, 1888. 



m view of the importance of the subject, I have deemed it 

 proper to include m my estimate of appropriations a suffi- 

 cient sum tor a survey of its present limits, and for which 1 

 ask your approval. 



THE PROTECTION OF THE PAKK. 

 In my last report I expressed the opiniou that the force 

 then at ray disposal was inadequate to the proper protection 

 of the Park during the tourist season, I accordingly, at 

 the opening of the present season, made application to the 

 Commading General of the Department of Dakota for an 

 additional force of one commissioned officer and fifteen en- 

 listed men for duty in the Park until the first of October 

 next. 



With the approval of the Secreta ry of War my application 

 was favorably considered. The detachment, under the com- 

 mand of Second Lieut. T. M. Moody, Twenty-second In- 

 fantry, arrived at Camp Sheridan on the 22d of* last month, 

 and was immediately ordered on ihity in the vicinity of the 

 Lower and Tipper Geyser Basins. This additional force 

 gives much needed protection to various objects of interest 

 that were previously unguarded, and the presence of a com- 

 missioned officer in this portion of the Park, before whom 

 all complaints and controversies can be taken, will greatly 

 facilitate the enforcement of the established rules ami 

 regulations. 



During the season of travel detachments from my com- 

 mand cover every portion of the Park accessible to wheeled 

 vehicles, and constant scouting operations are conducted 

 into the more remote regions. The rules of the Park have 

 been generally observed, and good order and a respect for 

 the rights of property have prevailed. All obnoxious and 

 disorderly characters have been rigorously excluded from 

 the Park, and by this means the necessity for violent arrests 

 has been avoided. 



As stated elsewhere in this report, the volume of travel 

 during the present season indicates a steady increase from 

 year to year. As the number of visitors becomes larger, 

 and new points are rendered accessible to tourist visitors by 

 the extension of the system of roads, a much larger force 

 than that at present employed will be required to render 

 efficient protection. The present arraugement, however 

 effective it may be as a temporary expedient, can not be con- 

 sidered as a settlement of the difficult question of Park 

 government, or iu any way to obviate the necessity of wise 

 and well-considered legislation on this subject. 



THE GAME AND ITS PROTECTION. 



This subject having been dwelt upon elsewhere in this re- 

 port, but little remains to be added here. During the past 

 two years, in which the Park has been intrusted to the care 

 of the troops under my command, but little game has been 

 killed within its limits. 



It is also believed that the protection afforded in the pre- 

 vious year, under the administration of my predecessor, 

 was reasonably effective. It would seem therefore, that at 

 this date the results of this protection should be visible 

 through a natural increase in the numbers of game animals 

 in the Park. The fact of such an increase is, I believe, well 

 established by the testimony of well informed and disin- 

 terested parties, who have visited the portions of the Park 

 remote from the ordinary lines of travel, and by the observa- 

 tion of the many scouting parties from my command. 



Certainly, in the absence of any barriers, the elk and the 

 deer will not be confined to the Park, and any increase will 

 doubtless, to some extent, overflow into the surrounding 

 country. But as long as a secure refuge and breeding place is 

 afforded by this reservation, and the. Territorial laws restrict- 

 ing the killing of game to certain seasons, and by sports- 

 manlike methods, are observed, there will be but little 

 danger of a total extinction of the species. The buffalo or 

 bison have so narrowly escaped extinction, and the number 

 which now find a refuge in this Park is so limited, that they 

 should be protected by every possible method. Hunters, 

 stimulated by the high price offered by taxidermists for 

 specimens, are now lying in wait beyond the borders of the 

 Park, ready to pounce upon any unfortunate animal which 

 may stray beyond its limits. 



It is unfortunate that the legislative bodies of the sur- 

 rounding Territories have not as yet provided laws for the 

 absolute protection, at all seasons, for this now nearly extinct 

 species. 



THE GEYSER AND HOT SPRINGS. 



There has been apparently considerable decrease of activ- 

 ity iu most of the geysers in the Upper Basin during the 

 present year. Old Faithful still maintains its reputation 

 for regularity, but nearly all of the other large geysers have 

 increased the length of their periods of inaction. It has been 

 surmised that the activity of the Excelsior Geyser has had 

 the effect of decreasing the energy of action in this adjacent 

 basin, but long continued scientific investigation can alone 

 determine whether such a speculation has any value. 



Constant and unremitting care has been exercised to pre- 

 vent the defacement of the beautiful geyser formations by 

 the foolish and shallow-minded visitors who delight to pub- 

 lish their ignorance and want of appreciation of the beauti- 

 ful by writing thereon their names and places of residence. 

 This practice has been quite effectually checked, and it is 

 hoped that the additional precaution recently adopted will 

 serve to entirely suppress it. 



THE CARE AND PRESERVATION OP THE PARK. 



In my last report I requested in strenuous and urgent 

 terms the appropriation of a small sum to be used by the 

 acting superintendent of the Park in providing sign-boards 

 to warn the numerous visitors of dangerous places, to dis- 

 play the names of the different geysers and other objects of 

 interest, to clean up and dispose of the debris of abandoned 

 Camps, and generally to keep in order and in a decent con- 

 dition this large reservation, which has been by law de- 

 clared "a pleasuring ground for the benefit and enjoyment 

 of the people." 



No other public pleasuring ground, of ever so humble a 

 character, is maintained without the expenditure of a dollar 

 for decency's sake. Eminent men from all parts of the 

 civilized world, scholars, law-makers, divines and soldiers, 

 come here attracted by the fame of this land of wonders, 

 and by the invitations implied in its dedication as a National 

 Park, to have their senses offended and their enjoyment of 

 nature's most wonderful and beautiful gifts destroyed by 

 the presence of unsightly filth and rubbish. 



I again include in my estimate of appropriations a modest 

 sum for this purpose, and again appeal to you for your favor- 

 able indorsement and recommendation. 



APPROPRIATIONS. 



I inclose with this report my estimate of appropriations 

 for the improvement and preservation of the Vellowstone 

 National Park for the fiscal year ending June 3Q, 1890. and 

 here summarize the items as follows, viz: 



For the care and preservation of the Park and the protec- 

 tion of visitors from danger p,000 



For the sett-lenient of the Barronett Bridge claim, or so 

 much thereof as may be awarded by a duly constituted 

 commission 3,000 



For accurately surveying and marking the boundary lines 

 of the Park ; 10,000 



Total $18,000 



In closing this report, it again gives me pleasure to ac- 

 knowledge, with thanks, and to commend to your apprecia- 

 tion, the services rendered in the protection of this National 

 Park by Mr. Ed. Wilson, scout and guide, whose energy 

 and interest has been untiring; and by the officers and en- 

 listed men of my command, who have discharged their 

 duties with interest and zeal, and who have accepted cheer- 



fully the discomforts and deprivations of an isolated and 

 dreary station, 

 I am, sir, very respectfully, your obedient servant, 

 Moses Harris, Captain First Cavalry, 

 Acting Superintendent Yellowstone National Park. 

 11 w Secretary of the Interior, Washington, IK C. 



rules and regulations op the yello wstone national park 

 Department of the Interior, / 



, . Washington, .July 1, 1888. i 



,1. It is forbidden to remove or injure the sediments or incrusta- 

 tions around the geysers, hot springs, or steam vents; or to deface 

 the same by written inscription or otherwise; or to throw anv 

 substance into the spriugs or geyser vents; or to injure or disturb 

 in any manner any of the mineral deposits, natural curiosities, or 

 wonders within the Park. 



2. It is forbidden to ride or drive upon any of the geyser or hot 

 spring formations, or to turn loose stock to graze in their vicinity. 

 . 8 - It is forbidden to cut or injure any growing timber. Camp- 

 ing parties will be allowed to use dead or fallen timber for fuel. 



4._ Fires shall be lighted only when necessary and completely 

 extinguished when no longer required. The utmost care should 

 be exercised at all times to avoid set ting fire to the timber and 

 grass. 



fi. Hunting, capturing, injuring, or killing any bird or animal 

 Within the Park is prohibited, The outfits of persons found hunt- 

 ing or in possession of game killed in t he Park will he subject to 

 seizure and confiscation. 



6. Fishing with nets, seines, traps, or by the use of drugs or ex- 

 plosives, or in any other way than with hook and line is pro- 

 hibited. Fishing tor purposes of merchandise or profit is for- 

 bidden bv law. 



7. No person will be permitted to reside permanently or to en- 

 gage in any business in tho Park without permission, in writing, 

 from the Department of the Interior. The Superintendent may 

 grant authority to competent persons to act as guides and revoke 

 the same in bis discretion. 



8. No drinking saloon or bar room will be permitted within the. 

 limits of the Park. 



9. Private notices or advertisements shall not be posted or dis- 

 played wit hin the Park, except such as may be necessary for the 

 convenience and guidance of the public, upon buildings on leased 

 ground. 



10. Persons who render themselves obnoxious by disorderly con- 

 ductor bad behavior, or who violate any of the foregoing rules, 

 \vill be summarily removed from the Park under authority of the 



'statute setting apart the Park "as a pleasuring ground for the 

 people," and providing that it "shall be under the exclusive con- 

 trol of the Secretary of the Interior, whose duty it shall be to 

 make and publish such rules and regulations as he shall deem 

 necessary and proper," and who "generally shall be authorized to 

 take all such measures as shall be necessary and proper to fully 

 carry out the objects and purposes af this act." 



Wm. F. Vilas, Secretary of the Interior. 



PROTECTOR DREW. 



THE newly appointed chief game and fish protector ot New 

 York State is Fred P. Drew, of Washington Mills. In the 

 Report of the Commissioners of Fisheries for 1887, the following 

 statement of work done by Mr. Drew, as protector in the Eleventh 

 District, is printed. We give it as being in part his "record," by 

 which his fitness for the higher office of chief protector may be 

 judged: 



To the Commissioners of Fisheries: 



I herewith submit my report for the year ending Nov. 30, 1887. 



You are doubtless well aware, from an examination of my 

 monthly as well as special reports, that my efforts in the dis- 

 charge of official duties during the past twelve months, have 

 been greatly embarrassed by the Bourse pursued bv some of those 

 whose professions, no less than tho honorable positions they oc- 

 cupy, should be a sufficient guarantee that they would be always 

 foremost in upholding every law upon our statute books, instead 

 of which, by openly arraying themselves on the side of the de- 

 fendants, in aggravating cases of violations, thev have, of neces- 

 sity, encouraged those who set all law at defiance. And vet a 

 caieful review of the whole field of operations will convince even 

 the most skeptical, that in many instances verv gratifying residts 

 have crowned my efforts. 



In the thirteenth district I secured evidence against thirteen 

 persons for violations of section 33 of the general law. Before 

 suits could be commenced several eame forward and pleaded 

 guilty, offering terms of settlement which were approved by the 

 district attorney; two paid one penalty of $100, no costs having 

 been made. Proceedings were commenced in Supreme Court 

 against the others, who, with two or three, exceptions, promptly 

 acknowledged their error and made overtures for a settlement; 

 three of these paying one penalty and costs. Against two judg- 

 ment was taken by default, and executions have been issued. In 

 the same district I brought suits in Supreme. Court against two 

 others for violations of section 21; neither defended. 



One day passed on Oneida Lake, in May, with Protector Lind- 

 ley, resulted in the capture of twelve iarge trap nets and one 

 first, class gill-net, besides other appurtenances, the whole prob- 

 ably worth, at a low estimate, over $700, to say nothing of dump- 

 ing loads of choice fish from the nets into the lake. The con- 

 dition of these nets, literally daubed with spawn, afforded ample 

 proof of the importance of protecting such bodies of water, es- 

 pecially this one, of the most valuable food-producing waters in 

 our whole country. 



By special order of one of the Commissioners I visited the 

 Adirondacks in August, a few days before the opening of the 

 hounding season. The section visited embraced a portion of the 

 counties of Herkimer and Hamilton. This part of the forest pre- 

 serve has, within a few years, become noted as one of the best in 

 the whole wilderness for deer hunting, while before the organiza- 

 tion of a well-known club, whose ample domain and watchful 

 care cover all approaches from this side, it was considered by ex- 

 perienced guides and hunters quite the reverse. A notable 

 example of what can be accomplished by a club or society of gen- 

 uine, sportsmen, seconded by a little protection by the State. ' 



I found a party of four sportsmen and two guides, on the south 

 branch of Moose. River, actively engaged in bunting deer by the 

 aid of dogs. I invited the sportsmen to accompany me to Boon- 

 ville, to meet our district attorney; they accepted' and paid two 

 penalties. The guides were well known and I left their cases 

 subject to the pleasure of the commission. My opinion, however, 

 is that all guides should be taught that it is as unprofitable to be 

 hired to violate the game laws as it is the revenue or other laws. 

 I do not believe you could find one of these men so ignorant of the 

 law or indifferent to the consequences that, if placed on the St. 

 Lawrence Kiver, lie could be hired to row bis boat for smuggling 

 purposes. He would tell you at once he dare not take the risk. 

 Later in the season I again visited the Adirondacks by special 

 order and secured sufficient evidence to warrant an affirmative 

 verdict against several others, for violations of the first section, 

 and only await the convenience of the district attorney. 



From information obtained from reliable parties, as well as 

 from my own observation, I am convinced that there sbould be 

 prompt and thorough legislation upon the subject of deer bunt- 

 ing. Just as long as dogs are allowed to run deer, even for a short 

 time, it will be exceedingly difficult to prevent hounding the re- 

 mainder of the season. Unless something is done to shorten the 

 season, or lessen the number allowed to be ki'led by a party, they 

 will be, like the moose, utterly exterminated. 



In this district, early in the season, I found a party violat ing 

 section 23. I secured three squat nets and rigging, and by advice 

 of local friends, brought actions against four persons before the 

 city judge for a misdemeanor. They all pleaded guilty, and were 

 fined two dollars each, and sentence was suspended. As yet 1 

 have been unable to learn under what statute the court was act- 

 ing. Proceedings were then commenced in Justices's Court for 

 the civil peualty. They appeared with able counsel, and took the 

 cases to the City Court. We at once withdrew the complaint. 

 Further proceedings and intenlious, with our reasons for the 

 same, have bcien fully reported to the Commissioners, and should 

 not be proclaimed at this time. 



In January I commenced action in the Supreme Court in the 

 fourth district against the parties alluded to in my last report. 

 Acting under the repeatedly expressed wishes of well-known 

 townsmen of the defendants, f employed counsel to conduct the 

 case, as their district attorney was not willing to proceed against 

 them. When the papers were served, one of the defendants re- 

 marked, "The district attorney (and naming a prominent citizen, 

 an officer of a well-known fish and game protective association) 

 won't allow metopay a dollar." This, too, when it was well-known 

 that ample evidence had been seen red against everyone of them 

 for very aggravated violations. 



I may add that all proceedings connected with the case referred 

 to above were commenced and continued thus far by the request 

 and with the full approval of one of the principal officers of this 

 same distinguished protective organization; a well-known gentle- 

 man who has long been distinguished for his zeal in the cause of 

 protection, rather than for consistency of late. One of my special 

 reports covers the situation, and obviates the necessity of further 



allusion to the subject in this place beyond the statement that a I 

 h.cavy calendar has prevented the trial of these actions, but it is 

 expected they will be reached at the next term of court. 



In the tenth district I have several cases in the Supreme Court i 

 that have been put over several times; not by reason of incompe- 

 tency or collusion on the part of the district attorney, but, be- 

 cause of the large increase of crime in some counties, loading the 

 district attorney's office to its full capacity. At a recent term 

 ol the court, the time of the district attornev was fully occupied 

 by the Grand Jury. However, I am assured that the next court 

 will dispose of the above cases. 



In several counties vexatious delays have occurred, even when 

 the district attorney has been notably one of the ablest and most 

 faithful members of his profession, and has tried to exhaust every 

 honorable means in his power to further the cause of protection 

 1 have been told, however, that In one county overtures in the 

 interest of both candidates for the office of district attorney 

 were made to the parties awaiting trial for violations of the eame 

 laws. If such was the case 1 almost wonder both were not 

 elected. 



In a former report 1 alluded to the necessity of an amendment 

 to tho present law, regarding the bringing of suits. The interests 

 ot protection would be greatly advanced if a change in this respect 

 could be effected. v 



In my last report reference was made to suits in tho county of 

 Otsego. Three of the defendants offered the district attorney 

 terms, which were approved by our friends, and their eases were 

 accordingly settled. Several others offered to plead guilty and 

 pay a portion of the penalty demanded, but for some reason 

 changed their minds and negofations were broken off. 



Before the next term of court Mr. Brewer became district at- 

 torney. His predecessor, Mr. Barber, bad discharged the duties 

 of the office with signal ability, and in the interests of the people 

 and 1 was assured by him. as well as by leading citizens of Coonera'- 

 town, that I would find his successor equally able and zealous in 

 the cause of protection. P\ir a time this opinion prevailed 

 About the time he took possession of the office he told the district 

 attorney, m my presence, to keep all the game rases already com- 

 menced and finish them. Accordingly there were on the calendar 

 of the January term of Supreme Court sixteen game and fish 

 cases; one was tried. The protector and a disinterested witness 

 Destined to seeing the defendant taking up a net, and that subse- 

 quently the defendant admitted it, and offered to pay a portion of 

 a penalty; all this in the presence of the witness. The defendant 

 testified that he was present at the time and place mentioned bv 

 the prosecution, but said he was trolling and only caught, one 

 sucker. He was supported by his companion, but who said thev 

 did not catch a fish of any kind. Judge H. Boardman Smith, in 

 his charge to the jury, said perjury had been committed, and 

 plainly indicated by whom. The jury found for the defendant 



The court suggested that as the large number of game cases 

 already on a heavy Calender, were much in the way of other 

 civil business, they should be transferred to the County Court. 

 Accordingly, a stipulation transferring them to the County Court 

 was signed by all the attorneys connected with the several cases. 

 The course was thought to be perfectly safe, as far as the interests' 



legal ability. His practice had notbeeu confined to the court of 

 a justice of the peace, before his election to the office of judge. 

 Before the next term, however, Providence had suddenly removed 

 him by death, and a successor was appointed, and in March the 

 court convened. The first case called had been noticed for trial 

 by the ex-district attorney, in the name of the district attornev 

 The notice was retained. The defendant's attorney had already 



his own name. Defendant's attorney filed a uote of issue with 

 the ex-district attorney's name as plaintiff's attorney. 



A few days before the opening of the court the ex-district attor- 

 ney obtained an order for the examination of one of the wn'nesses 

 before trial, and defendant's attorney, pursuant to notice thereof 

 upon him, attended and cross-examined. This was on the 5th. 

 On the 7th, the first day of the term, without prior notice of such 

 intentions, and before the case was moved for trial, the defend- 

 ant's attorney asked the court to strike it from the calendar. The 

 witnesses for both sides were in court, and the district attorney 

 stated that he had authorized the ex-district attorney to prose- 

 cute the actions, and wished him to do so. The court', notwith- 

 standing these facts, ordered all the game cases struck from the 

 calendar. The ex-district attorney appealed from the order to 

 the Oeneral Term, where, as I understand the matter, the ques- 

 tion was not decided, but simply dismissed the appeal. At the 

 next term (October) the cases were noticed for trial bv the dis- 

 trict attorney, who also informed the ex-district attorney that he 

 could proceed with the case; but as soon as he failed in one all the 

 others would be withdrawn by himself. On the trial of the first 

 case, the court refused to rule that proofs of violations iu June 

 would sustaui t he allegations of on or about September, and also 

 refused an amendment to the complaint. The ex-district attor- 

 ney having thus failed in one case, the district attorney at once 

 withdrew all the others, never at any time having consulted me 

 concerning them in any way. 



There were several indictments connected with the October 

 term, that bad at least the charm of novelty about them. Nearly 

 every member of the bar took particular pains to manifest their 

 sentiments on the side of the defense. The ex-district attorney 

 stood alone, while the defendant's attorneys were constantly 

 aided and coached by the others, and but for the fact, that the 

 sheriff showed the same allegiauce to the game laws that he did 

 to all the others upon our statute books, it would have been ex- 

 ceedingly difficult for the prosecution to have kept a witness in 

 the court house during the proceedings. They seemed to go about, 

 the village when and where they pleased with perfect impunity 



It was well understood that Sheriff McCredy would not violate 

 his oath of office on the plea of expediency of any sort, but in- 

 stead, when approached more than a year ago with the hint that 

 he too might have a string of nice fish placed at his back door on 

 fishing nights, declined the offer with the same firmness that, he 

 manifested iu refusing a late offer to exchange one of the large 

 nets I had placed in his hands for a barrel of choice fish carefully 

 salted for future use. Said he: "1 don't want fish taken in that 

 way. 1 prefer to buy mine or go without." 



The judge remarked in open court: "I don't think there is any- 

 thing more dangerous to the right of the people than a game pro- 

 tector commencing indiscriminately actions, with regard to the 

 evidence being worked up upon which the actions were based. 

 The game protector who neglects to do this, comes far short of 

 doing his duty, and is a dangerous man in the community." The 

 ex-district attorney replied that lie was doing me injustice; that 

 out of a, very large number of cases I had in that county, he had 

 never been asked to commence an action until he was fully satis- 

 fled we had ample evidence to support the case, and that in even- 

 instance we had from two to six competent witnesses. The judge 

 then remarked that he did not refer to me. 



Just before the district attorney withdrew the several cases, 

 the ex-district attorney stated in open court that he was author- 

 ized by the protector to offer to take all of these cases out of this 

 court, and try them before any justice of the peace in the county, 

 first giving security for costs. The offer was not accepted. 



The result of all this was soon apparent. Netting in Otsego 

 Lake thus far had been done only by stealth, and the fish thus 

 caught quietly sent to other markets, except perhaps a, portion 

 "placed where they would do the most good," but almost before 

 the adjournment of court, boldness took the place of craft, and 

 soon all restraint was thrown off. Nets were used by daylight 

 spawning beds were raked, and the fish were peddled about the 

 county. 



Then even the indifferent became alarmed, appeals for aid were 

 sent eveu to the Executive chamber as well as to subordinates, 

 and their board of supervisors was appealed to. Indeed, such was 

 the condition of affairs, that one of the village papers, which in 

 January referred to the "unpopular fish suits," in November com- 

 plained of the situation, particularly of the wholesale robbery of 

 spawning beds. 



Fortunately their local legislature believed in heroic treatment 

 for the comp aint.and I am, informed nobly performed their duty, 

 repealing the former pot fisherman's law, and enacting one in its 

 place. This, 1 believe, will render a conviction possible, even in 

 Cooperstown. 



I have a number of other eases of violation, some of them in 

 other sections of the county— ready to prosecute— but I think it 

 inexpedient to proceed until I have exhausted further efforts to 

 have the old cases reinstated. 



In conclusion, permit me to avaiFmyseif of this opportunity to 

 express most sincere thanks to a number of well-tried friends in 

 the several counties I have visited since my last, report; uor would 

 I forget iu this connection the officers and mem bers of some of 

 the protective clubs in the interior of the State, some of whom 

 have taken a more active interest in our work during the past 

 season than ever before, thereby greatly promoting the efficiency 

 of tho service, and encouraging the hope of still better results in 

 the near future along the whole line, Fred P. Drew, 



Game and Fish Protector, Eleventh District. 



Washington Mills, N, Y., Dec. 1, 1887. 



