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 passed, 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 latitude. 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 passes 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 impassable

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

assumed control on the 20th. From this time on things assumed a

different aspect. He had the assistance of a disciplined troop of

cavalry, and he used it with energy and discretion. It very soon became

unsafe to trespass 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 passed 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 principal 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 Butte; that he spent

his days on the highest points in the neighborhood, and with a glass

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 assented, 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 Canyon. In 1891 I derived great assistance

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 assistance.

Captain Scott was in command, and he has remained until the present

time. Hard as iron, tireless and fearless, he has been an invaluable

assistant 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 Canyon 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 passed 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.

Before the next evening, Captain Scott was on the spot with his troop,

and the fire was soon under control. In a few hours it would have been

in the heavy timber on the shore of Shoshone Lake, and there is no limit

to the damage it might have wrought.

As a last heading of my subject I shall touch on the protection of the

game. This was never seriously attempted until Major Harris came to the

Park, in 1886; but he attacked it with an earnestness and a fearlessness

that has left a lasting impress. It is not probable that the Park is the

natural home of bison, elk or deer, yet the last remnant of the first

and great numbers of the last two are found here. The high altitude,

great cold and extreme depth of snow make it a forbidding habitat for

the ruminants. They remain here simply because they are protected.

Protection was given by a system of scouting extended over the best game

ranges, and throughout the season of probable game destruction. A good

many captures were made; the poachers were turned loose and their

property confiscated; this was all the law allowed. The depredating

element of the community soon came to care very little for this menace

to their business, for they entered the Park with an equipment that

was hardly worth packing in to the post, and, if taken from them,

occasioned but small loss.

[Illustration: A HUNTING DAY.]

The accumulation of this sort of property had become great, and, as I

had no proper storage room for it, I began my work by making a bonfire

of it. A first requisite to successful work was to become acquainted

with the names, the haunts and the habits of those whom it was necessary

to watch or to capture. Ed. Wilson was thoroughly familiar with all

this, and many is the lesson I patiently took from him. He described to

me the leaders among the poachers from the several regions--Cooke,

Henry's Lake, Jackson's Lake and Gardiner. To begin with the Cooke City

parties, he named to me three as particularly active and dangerous:

these were Van Dyck, Pendleton and Howell. Van Dyck, he told me, was at

that time trapping beaver near Soda Butte, but he had not been able to

definitely locate him. He made two trips there through cold and storm,

but to no purpose. Finally, on his third expedition, he caught him, as

already stated, sleeping in his bed. His property was destroyed, and he

was held in the guard house awaiting the instructions of the Secretary

of the Interior, which for some reason were very slow in coming. At last

he was released, and ordered never again to cross the Park boundary

without permission.

The next year Pendleton made a trip in the Park in early May, and got

out with two young bison calves, which he was carrying on pack animals

in beer boxes. Of course, they died before he got them to a place where

he could raise them in safety, and he soon started back to renew his

evil work. He was arrested and confined, and his case took exactly the

same course as Van Dyck's had taken.

The last of the trio was Ed. Howell. Knowing of him and his habits, I

kept him as well under watch as possible. During a trip I made to the

east side of the Park in October, 1893, I saw many old signs of bison in

several localities. Howell having disappeared from public view for a

month or two, I sent Burgess out in January, 1894, with orders to

carefully scout this country. I indicated to him exactly where I

expected him to find signs of the marauder. He encountered very severe

weather, and was not able to make a full tour of the places indicated;

but he did report having found, in the exact locality I had designated

to him, tracks of a man on _skis_ drawing a toboggan. These tracks were

old and could not be followed, but they formed a valuable clue. I next

sent to the Soda Butte station and had a thorough search made near that

place. It was found that the same tracks had passed over the hill behind

the station, going toward Cooke. Careful inquiry developed the fact that

Howell had come in for provisions with his equipment, but that he had

not brought any trophies with him. Calculating the time when he should

be due again in the bison country, I gave Burgess an order to repeat his

trip there, and stay until he brought back results. He left the Lake

Hotel in a severe storm on March 11th, and camped the night of the 12th

where he had seen the tracks on his previous visit. Next morning, when

scarcely out of camp, he found a _cache_ of six bison scalps suspended

in a tree. The _ski_ tracks near by were old, and he was not able to

follow them. He possessed himself of the spoils and started down

Astringent Creek toward Pelican. When near the latter stream, he found a

lodge, evidently occupied at the time, and the tracks near it, fresh and

distinct, pointing to the southward. Soon he heard shots, and far off

in the distance he espied the culprit in the act of killing more of the

game. The problem then arose as to how he was to make the capture. With

him was only a single soldier, and the two had for arms only a .38

caliber revolver. It was certain that this was Howell, and it was known

that he was a desperate character.

In giving Burgess his orders, I had told him that I did not send him to

his death--that I did not want him to take risks or serious chances; I

impressed upon him the fact that, as far as Howell was concerned, even

if times were hard, the wages of sin had not been reduced. All this he

knew well, but there was a desperate criminal armed with a rifle; as for

himself, he might as well have been unarmed. However, fortune favored

him, and soon Howell became so occupied in removing the scalp from one

of his bison that Burgess, by a swift and silent run, approached within

four or five yards of him undiscovered. It would have been easy enough

to kill him then, but it was too much like cold-blooded murder to do so

at that range; at 200 or 300 yards it would have seemed entirely

different. Howell's rifle was leaning against a buffalo's carcass a few

yards from him. He made a step toward it, when Burgess told him to stop

or he would shoot. Howell then turned back and said, "All right, but you

would never have got me if I had seen you sooner." He was found

surrounded by the bodies of seven bison freshly killed, and, to

illustrate more fully the wanton nature of the man, of the eight scalps

brought in to the post, six were cows and one of the others was a

yearling calf.

His case went through the same course as the others, and finally toward

the last of April he was turned loose, with orders to quit the Park and

never return. He, however, is cast in a different mold from some of the

previous captures, and some time in July he reappeared with the most

brazen and shameless effrontery. He was reincarcerated, tried, and

sentenced for disobedience of the order of expulsion. His sentence was

thirty days in jail and fifty dollars fine, and this he now has under

appeal. Insufficient as is Howell's punishment, his crime has been of

more service to the Park than any other event in its history; it created

the greatest interest throughout the country, and led to the passage of

the Park Protection Act, which was signed by the President on May 7th.

A strange coincidence in the cases of Van Dyck and Howell is that both

were accompanied by their faithful watchdogs, and neither dog gave a

sign of the approach of the enemy, and both men swore vengeance on their

faithless protectors.

The preservation of elk, deer, antelope and the carnivora is assured.

Their numbers elsewhere, their wide distribution within the Park, their

relatively small commercial value, added to the danger attendant on

killing them within the Park, is a sufficient protection. Moose and

mountain sheep will probably increase for similar reasons, although they

are less generally distributed and are of greater value to head hunters.

With the bison it is different. They have entirely disappeared from all

other parts of the country, and they are of sufficient money value to

tempt the cupidity of the hunters and trappers who surround the Park on

all sides. It is told that a fine bison head has been sold, delivered in

London, for L200--nearly $1,000 in our money. A taxidermist would

probably be willing to pay $200 to $500 for such a scalp. Many a hardy

frontiersman, who has no sentiment for their preservation and no

respect for the law, will take his chances of capture for such a sum.

Another animal that is difficult of preservation is the beaver; the

trouble in this case is entirely due to the ease with which traps may be

set in places where it is impossible to find them, and the ease with

which the pelts may be packed and carried out. Within the last four

years beaver have increased enormously, so I feel justified in saying

that their preservation is so far successful.

For the general protection of the Park there are stationed within its

lines two troops of cavalry. They are both kept at the Mammoth Hot

Springs for eight months of the year, and one of them is sent to the

Lower Geyser Basin during the four months of the tourist season. Small

outposts are kept at Riverside on the west, Snake River on the south,

Soda Butte on the northeast, and Norris near the center. Besides these a

winter station has been placed in the Hayden Valley, and summer stations

are kept at the Upper Basin, Thumb, Lake and Canyon. Between these a

constant stream of patrols is kept up, so that no depredator can do very

much damage without detection. There is allowed but one civilian scout,

who is overworked and underpaid. With all this enormous territory to

guard, with all that is beautiful and valuable to protect, with the last

of the bison to preserve, it would seem that this rich Government should

be able to expend more than a paltry $900 per year for scouts, and more

than $500 (which it receives for rentals) for the other needs of the

Park.

There are very few who appreciate the amount of work done here by the

soldiers in summer and in winter, in cold and in storms, on foot, on

horseback and on snowshoes--and all without murmur or word of complaint.

Never before was it so well placed before the public as it was by Mr.

Hough in his _Forest and Stream_ articles summer before last. Should

Congress be stirred to make a more liberal appropriation for the purpose

of carrying out the provisions of the act of May 7th, to him, more than

to any other man, will the credit be due.

_Geo. S. Anderson._

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