CHAPTER FIVE: GENERAL ADMINISTRATIVE CONSIDERATIONS FOR CRATER LAKE NATIONAL PARK: 1902-1916 A. SUPERINTENDENTS OF CRATER LAKE NATIONAL PARK: 1902-1916 During the period 1902-16 Crater Lake National Park had two superintendents who were in immediate charge of park operations, development, and planning. These two men left an indelible imprint on the early growth and development of the park as a result of their ideas, policies, and initiatives. The two men were William F. Arant (June 7, 1902-July 1, 1913) and William G. Steel (July 1, 1913-November 20, 1916), the aforementioned "Father of Crater Lake National Park." [1]
In accordance with the provisions of the park establishing act, the Department of the Interior issued rules and regulations for the park on August 27, 1902. Regulations were also drawn up governing the impoundment and disposition of loose livestock found within the park boundaries. [2] With the growth and development of the park these regulations were revised and updated on June 10, 1908, and March 30, 1912. [3]
At the time of the creation of the park there were fifteen land entries within its boundaries, totaling 2,395.33 acres. Twelve of these, incorporating 1,914.22 acres, were patented by 1908. Homestead entry No. 2415 (160 acres) of John Fitzgerald for S. 1/2 N. 1/2 of Sec. 17, T. 32 S., R. 7-1/2 E., was canceled by the General Land Office on November 13, 1908. Homestead entries Nos. 2620 and 2660 of John Wallace Dickey and Louis Stanosheck, totaling 321.11 acres, were canceled in 1909. Included in the total of 2,395.33 acres was a considerable portion of Homestead entry No. 2415 and timber land entries Nos. 2116 and 2120 (patented to Daniel M. and Arthur C. Griffith by 1908), which extended beyond the park boundary line. [4] The title of the State of Oregon to school sections 16 and 36 within the park boundaries had been extinguished before the creation of the park by selection of other lieu lands. The only exception was a tract of 192.20 acres in the N. 1/2 of sec. 16, T. 32 S., R. 7-1/2 E., which was disposed of by the state to private parties by 1908. [5] (See the following maps showing land entries in the park in 1904 and 1906).
Appropriations for Crater Lake National Park remained small and barely adequate to maintain park operations during the 1902-16 period. Congress allocated annual sums of only $2,000 for fiscal years 1902, 1903, and 1904, thus forcing the park to operate at a bare minimum subsistence level without sufficient funds for necessary improvements or protection services. Appropriations for the park increased to $3,000 per year during 1905-07. After the park received an extraordinarily generous appropriation of $7,315 in 1908, annual appropriations for the years 1909-13 were again lowered to $3,000. [6] The low level of appropriations prevented necessary development and effective administration and protection of the park. The lack of adequate park funding was a continuing source of irritation to Superintendents Arant and Steel. In September 1911, for instance, Arant reported on the needs of the park at the National Park Conference held in Yellowstone:
During the nearly 4-1/2 years of Steel's superintendency, he pressed for increasing appropriations to provide for adequate administration and development of the park. Congress was more responsive than in earlier years, and appropriations increased from $3,000 in 1913 to $7,540 in 1914. The rising level of park funding continued in 1915 and 1916 with appropriations of $8,040 and $8,000 respectively. [8] APPENDIX A: Biographical Sketch of William A. Arant William F. Arant was born on September 29, 1850, in Tazewell County, Illinois, the son of Jesse T. and Mary Jane (Emmett) Arant. The family, which would eventually consist of twelve children, resided in Illinois until March 12, 1852, when they left for Oregon, crossing the plains in ox-pulled wagons. They arrived at the Sandy River in September and located in Linn County. After a year they moved to Douglas County, where Arant's father secured a "donation claim" of 320 acres some seven miles northwest of Roseburg in September 1853. Arant's father devoted his entire life to farming and stock raising. Arant acquired a common school education and worked on the home farm during his youth. On October 29, 1871, he married Emma L. Dunham, who had come to Oregon with her family in 1864 from her birthplace in Livingston County, Missouri. In the fall of 1872 he moved his family to Klamath County, where he engaged in farming and stock raising for some thirty years. He became active in Republican Party political circles in southern Oregon. His father had been a member of a local militia company known as the Minute Men during the Rogue River Indian War in 1855, and he followed his father's footsteps by serving in the state militia for five years--one year as private, one year as company bugler, two years as first sergeant, and one year as guidon sergeant. During the Modoc Indian War in 1872-73, he served as a teamster in the employ of the U.S. Government and engaged in furnishing supplies to the troops. In 1892 he won the championship medal as the finest shot of Troop B, Oregon National Guard, one of the two cavalry troops in the state. On June 7, 1902, he was named superintendent of Crater Lake National Park, being recommended for that position by Representative John H. Tongue, Senator John H. Mitchell, Governor T.T. Greer, the Republican Congressional Committee, First District, the secretary of state, and the secretary of the treasury. He assumed his full-time duties several months later and served as superintendent until July 1, 1913. During those eleven years he wintered at his home in Klamath Falls, devoting attention to his private farming and stock raising interests. Joseph Gaston, The Centennial History of Oregon: 1811-1912 (4 vols., Chicago, 1912), IV, 287-88, and "Crater Lake National Park," June 5, 1911, RG 79, Central Files, 1933-49, File No. 101-0, Part 1, Crater Lake, History. Steel bitterly opposed Arant's appointment, thus straining his own lifelong friendship with Tongue. According to a letter written by Steel in May 1909, however, he soon recognized that Arant was "industrious, conscientious and painstaking in his work" and apologized to both Arant and Tongue. Steel to Bourne, May 12, 1909, Steel Correspondence Collection, Letter File 2, Item 47, Museum Collection, Crater Lake National Park. APPENDIX B: Rules and Regulations of the Crater Lake National Park: 1902 DEPARTMENT OF THE INTERIOR, 1. By act of Congress approved May 22, 1902, the tract of land bounded north by the parallel forty-three degrees four minutes north latitude, south by forty-two degrees forty-eight minutes north latitude, east by the meridian one hundred and twenty-two degrees west longitude, and west by the meridian one hundred and twenty-two degrees sixteen minutes west longitude, having an area of two hundred and forty-nine square miles, in the State of Oregon, and including Crater Lake, has been reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart forever as a public park or pleasure ground for the benefit of the people of the United States, to be known as Crater Lake National Park. 2. The park by said act is placed under the exclusive control of the Secretary of the Interior, and these rules and regulations are made and published in pursuance of the duty imposed on him in regard thereto. 3. It is forbidden to injure, or destroy in any manner, any of the natural curiosities or wonders within the park, or to disturb the mineral deposits in the reservation, except under the conditions prescribed in paragraph 12 of these regulations. 4. It is forbidden to cut or injure any timber growing within the park except for use in the construction of places of entertainment and in connection with the working of located mining claims. Camping parties and others on the reservation will be allowed the use of dead or fallen timber for fuel, in the discretion of the superintendent. 5. Fires shall be lighted only when necessary and completely extinguished when not longer required. The utmost care must be exercised at all times to avoid setting fire to the timber and grass. 6. Hunting or killing, wounding or capturing, any bird or wild animal on the park lands, except dangerous animals when necessary to prevent them from destroying life or inflicting an injury, is prohibited. The outfits, including guns, traps, teams, horses, or means of transportation used by persons engaged in hunting, killing, trapping, ensnaring, or capturing such birds or wild animals, or in possession of game killed on the park lands under other circumstances than prescribed above, will be taken up by the superintendent and held subject to order of the Secretary of the Interior, except in cases where it is shown by satisfactory evidence that the outfit is not the property of the person or persons violating this regulation, and the actual owner thereof was not a party to such violation. Firearms will only be permitted in the park written permission from the superintendent thereof. 7. Fishing with nets, seines, traps, or by the use of drugs or explosives, or in any other way than with hook and line is prohibited. Fishing for purposes of merchandise or profit is forbidden. Fishing may be prohibited by order of the superintendent of the park in any of the waters of the park, or limited therein to any specified season of the year until otherwise ordered by the Secretary of the Interior. 8. No person will be permitted to reside in or to engage in any business in the park without permission, in writing, from the Secretary of the Interior. The superintendent may grant authority to competent persons to act as guides and revoke the same in his discretion, and no pack train shall be allowed in the park unless in charge of a duly registered guide. 9. The herding or grazing of loose stock or cattle of any kind on the Government lands in the park, as well as the driving of such stock or cattle over the same, is strictly forbidden, except in such cases where authority therefor is granted by the superintendent. 10. The sale or use of intoxicating liquors on the Government lands in the park is strictly forbidden. 11. Private notices or advertisements shall not be posted or displayed on the Government lands within the reservations, except such as may be necessary for the convenience and guidance of the public. 12. The act provides that, under such regulations as the Secretary of the Interior may prescribe, the reservation shall be open "to the location of mining claims and the working of the same." It was not the purpose of this provision to extend the mining laws to the reservation without limitation, but only to authorize the location and working of mining claims thereon, under regulations to be prescribed by the Secretary of the Interior, and in such manner as not to interfere with or prejudicially affect the general purpose for which the reservation was established. It is therefore prescribed: (a) That persons desiring to locate mining claims within the reservation shall enroll their names and addresses with the superintendent of the reservation, and shall file with such superintendent a description, in writing, of the land desired to be located. They shall also file with the superintendent evidence that they are severally qualified to make locations under the mining laws, and before entering upon the reservation for such purpose they most obtain from the Secretary of tine Interior, through the superintendent, a written permit to do so. Such permit will be issued only upon condition that the applicant or applicants therefor while upon the reservation, will not destroy or damage any game, fish, timber, or natural object therein, and wild strictly observe and comply with the requirements of the law and these regulations. (b) Lands in the reservation upon which valuable deposits of mineral shall have been or may be found may be located under the mining laws by any person or persons duly qualified and holding a permit such as is described in the preceding paragraph, and such person or persons, his or their successor or successors in interest, may work the claim or claims so located; but in carrying on the work he or they shall in all respects observe and comply with the provisions of the statute creating the reservation and with these regulations; Provided, That such person or persons may, as the proper working of such mining claim or claims shall require, be permitted to use, for mining purposes, such timber or stone found upon the land located as in the judgment of the superintendent may be so used without injury or damage to the reservation "as a public park or pleasure ground:"; And provided further, That within thirty days after the location of any mining claim upon the reservation, and before development work thereon shall be commenced a copy of the notice of location shall be filed with the superintendent, together with proof satisfactorily showing that discovery of a valuable mineral deposit has been made within the limits of the location, and, if be a placer location, that every ten-acre tract embraced therein has been found to contain valuable deposits of mineral. (c) The statute does not authorize the purchase of or the acquisition of the legal title to lands located as mining claims within the reservation. The rights of the locator or locators therefore will be at all times subject to forfeiture upon breach of any of the conditions mentioned in the permit herein provided for, or upon refusal or failure to comply with any of the provisions of the statute or of these regulations. (d) Upon breach of any such conditions, or upon refusal or failure to comply in all respects with the provisions of the statute and of these regulations, or where locators of mining claims do not appear to be acting in good faith, or who after location do not work their claims in such manner as to show good faith in the assertion thereof, the superintendent will revoke their permits, forthwith remove them from the reservation, and report the facts to the Secretary of the Interior. 13. Persons who render themselves obnoxious by disorderly conduct or bad behavior, or who may violate any of the foregoing rules, may be summarily removed from the park and will not be allowed to return without permission, in writing, from the Secretary of the Interior or the superintendent of the park. 14. The superintendent designated by the Secretary is hereby authorized and directed to remove all tresspassers from the park and enforce these rules and regulations and aid the provisions of the act of Congress aforesaid. THOS. RYAN,
DEPARTMENT OF THE INTERIOR, Horses, cattle, or other domestic live stock running at large or being herded or grazed on the Government lands in the Crater Lake National Park without authority from the superintendent of the park will be taken up and impounded by the superintendent, who will at once give notice thereof to the owner, if known. If the owner is not known, notices of such impounding, giving a description of the animal or animals, with the brands thereon, will be posted in six public places inside tine park and in two public places outside the park. Any owner of an animal thus impounded may, at any time before the sale thereof, reclaim the same upon proving ownership and paying the cost of notice and all expenses incident to the taking up and detention of such animal, including the cost of feeding and caring for the same. If any animal thus impounded shall not be reclaimed within thirty days from notice to the owner or from the date of posting notices, it shall he sold at public auction at such time and place as may be fixed by the superintendents, after ten days' notice, to he given by posting notices in six public places in the park and two public places outside the park and by mailing to the owner, if known, a copy thereof. All money received from the sale of such animals and remaining after the payment of all expenses incident to the taking up, impounding, and selling thereof shall be carefully retained by the superintendent in a separate fund for a period of six months, during which time the net proceeds from the sale of any animal may be claimed by and paid out the owner upon the presentation of satisfactory proof of ownership; and if not so claimed within six months from the date of sale such proceeds shall be turned into the Crater Lake National Park fund. The superintendent shall keep a record in which shall be set down a description of all animals impounded, giving the brands found on them, the date and locality of the taking up, the date of all notices and manner in which they were given, the date of sale, the name and address of the purchaser, the amount for which each animal was sold and the cost incurred inn connection therewith, and the disposition of the proceeds. The superintendent will, in each instance, make every reasonable effort to ascertain the owner cat of animals impounded and to give actual notice thereof to such owner. THOS. RYAN, Acting Secretary. Annual Report of the Department of the Interior, 1902, I, 226-28. APPENDIX C: General Regulations of June 101, 1908 GENERAL REGULATIONS OF JUNE 10, 1908. By act of Congress approved May 22, 1902, the tract of land bounded north by the parallel forty-three degrees four minutes north latitude, south by forty-two degrees forty-eight minutes north latitude, east by the meridian one hundred and twenty-two degrees west longitude, and west by the meridian one hundred and twenty-two degrees sixteen minutes west longitude, having an area of 249 square miles, in the State of Oregon. and including Crater Lakes has been reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart forever as a public park or pleasure ground for the benefit of the people of the United States, to be known as "CRATER LAKE NATIONAL PARK." The park by said act is placed under the exclusive control of the Secretary of the Interior, and these rules and regulations are made and published in pursuance of the duty imposed on him in regard thereto. 1. It is forbidden to injure, or destroy in any manner, any of the natural curiosities or wonders within the park, or to disturb the mineral deposits in the reservation, except under the conditions prescribed in paragraph 11 of these regulations. 2. It is forbidden to cut or injure any timber growing on the park lands, except for use in the construction of places of entertainment, and in connection with the working of located mining claims, or to deface or injure any government property. Camping parties and others on the reservation will be allowed to use dead or fallen timber for fuel in the discretion of the superintendent. 3. Fires should be lighted only when necessary and completely extinguished when not longer required. The. utmost care must be exercised at all times to avoid setting fire to the timber and grass. 4. Hunting or killing, wounding or capturing any bird or wild animal on the park lands, except dangerous animals when necessary to prevent them from destroying life or inflicting an injury, is prohibited. The outfits, including guns, traps, teams, horses, or means of transportation used by persons engaged in hunting, killing, trapping, ensnaring, or capturing such birds or wild animals, or in possession of game killed on the park lands under other circumstances than prescribed above, will be taken up by the superintendent and held subject to the order of the Secretary of the Interior, except in cases where it is shown by satisfactory evidence that the outfit is not the property of the person or persons violating this regulation and the actual owner thereof was not a party to such violation. Firearms will only be permitted in the park on written permission from the superintendent thereof. 5. Fishing with nets, seines, traps, or by the use of drugs or explosives, or in any other way than with hook and line, is prohibited. Fishing for purposes of merchandise or profit is forbidden. Fishing may be prohibited by order of the superintendent in any of the waters of the park, or limited therein to any specified season of the year, until otherwise ordered by the Secretary of the Interior. 6. No person will be permitted to reside permanently, engage in any business, or erect buildings, etc., upon the government lands in the park without permission, in writing, from the Secretary of the Interior. The superintendent may grant authority to competent persons to act as guides and revoke the same in his discretion. No pack trains will be allowed in the park unless in charge of a duly registered guide. 7. Owners of patented lands within the park limits are entitled to the full use and enjoyment thereof; such lands, however, shall have the metes and bounds thereof so marked and defined that they may be readily distinguished from the park lands. Stock may be taken over the park lands to patented lands with the written permission and under the supervision of the superintendent. 8. The herding or grazing of loose stock or cattle of any kind on the government lands in the park, as well as the driving of such stock or cattle over the same, is strictly forbidden, except in such cases where authority therefor is granted by the superintendent. 9. No drinking saloon or barroom will be permitted upon government lands in the park. 10. Private notices or advertisements shall not be posted or displayed on the government lands within the reservation, except such as may be necessary for the convenience and guidance of the public. 11. The act provides that, under such regulations as the Secretary of the Interior may prescribe, the reservation shall be open "to the location of mining claims and the working of the same." It was not the purpose of this provision to extend the mining laws to the park without limitation, but only to authorize the location and working of mining claims thereon, under regulations to be prescribed by the Secretary of the Interior, and in such manner as not to interfere with or prejudicially affect the general purpose for which the reservation was established. It is therefore prescribed: (a) That persons desiring to locate mining claims within the park shall enroll their names and addresses with the superintendent of the reservation, and shall file with such superintendent a description, in writing, of the land desired to he located. They shall also file with the superintendent evidence that they are severally qualified to make locations under the mining laws, and before entering upon the park for such purpose they must obtain from the Secretary of the Interior, through the superintendent, a written permit to do so. Such permit will be issued only upon condition that the applicant or applicants therefor, while upon the reservation, will not destroy or damage any game, fish, timber, or natural objects therein, and will strictly observe and comply with the requirements of the law and these regulations. (b) Lands in the park upon which valuable deposits of mineral shall have been or may be found may be located under the mining laws by any person or persons duly qualified and holding a permit such as is described in the preceding paragraph, and such person or persons, his or their successor or successors in interest, may work the claim or claims so located; but in carrying on the work he or they shall in all respects observe and comply with the provisions of the statute creating the park amid with these regulations : Provided, That such person or persons may, as the proper working of such mining claim or claims shall require, be permitted to use, for mining purposes, such timber or stone found upon the land located as in the judgment of the superintendent may be so used without injury or damage to the reservation "as a public park or pleasure ground:" And provided further, That within thirty days after the location of any mining claim within the park, and before development work thereon shall be commenced, a copy of the notice of location shall be filed with the superintendent, together with proof satisfactorily showing that discovery of a valuable mineral deposit has been made within the limits of the location, and, if it be a placer location, that every 10-acre tract embraced therein has been found to contain valuable deposits of mineral. (c) The statute does not authorize the purchase of or the acquisition of the legal title to lands located as mining claims within the park. The rights of the locator or locators, therefore, will be at all times subject to forfeiture upon breach of any of the conditions mentioned in the permit herein provided for, or upon refusal or failure to comply with any of the provisions of the statute or of these regulations. (d) Upon breach of any such conditions, or upon refusal or failure to comply in all respects with the provisions of the statute and of these regulations, or where locators of mining claims do not appear to be acting in good faith, or who after location do not work their claims in such manner as to show good faith in the assertion thereof, the superintendent will revoke their permits, forthwith remove them from the park, and report the facts to the Secretary of the Interior. 12. Persons who render themselves obnoxious by disorderly conduct or bad behavior, or who violate any of the foregoing rules, will be summarily removed from the park and will not be allowed to return without permission, in writing, from the Secretary of the Interior or the superintendent of the park. No lessee or licensee shall retain in his employ any person whose presence in the park shall be deemed and declared by the superintendent to be subversive of the good order and management of the reservation. 13. Any person who violates any of the foregoing regulations will be deemed guilty of a misdemeanor, and upon conviction, be fined not more than $500, or imprisoned not more than one year, and shall be liable for any loss sustained by the United States as a result of such violation, as provided by the act creating the park. 14. The superintendent designated by the Secretary is hereby authorized and directed to remove all trespassers from the government lands in the park and enforce these rules and regulations and all the provisions of the act of Congress aforesaid.
Horses, cattle, or other domestic live stock running at large or being herded or grazed in the Crater Lake National Park without authority from the Secretary of the Interior, will be taken up and impounded by the superintendent, who will at once give notice thereof to the owner, if known. If the owner is not known, notice of such impounding, giving a description of the animal or animals, with the brands thereon, will be posted in six public places inside the park and in two public places outside the park. Any owner of an animal thus impounded may, at any time before the sale thereof, reclaim the same upon proving ownership and paying the cost of notice and all expenses incident to the taking up an d detention of such animal including the cost of feeding and caring for the same. If any animal thus impounded shall not be reclaimed within thirty days from notice to the owner or from the date of posting notices, it shall be sold at public auction at such time and place as may be fixed by the superintendent after ten days' notice, to be given by posting notices in six public places in the park and two public places outside the park, and by mailing to the owner, if known, a copy thereof. All money received from the sale of such animals and remaining after the payment of all expenses incident to the taking up, impounding, and selling thereof shall be carefully retained by the superintendent in a separate fund for a period of six months, during which time the net proceeds from the sale of any animal may be claimed by and paid to the owner upon the presentation of satisfactory proof of ownership, and if not so claimed within six months from the date of sale such proceeds shall be turned into the Crater Lake National Park fund. The superintendent shall keep a record in which shall be set down a description of all animals impounded, giving the brands found on them, the date and locality of the taking up, the date of all notices and manner in which they were given, the date of sale, the name and address of the purchaser, the amount for which each animal was sold and the cost incurred in connection therewith, and the disposition of the proceeds. The superintendent will, in each instance, make every reasonable effort to ascertain the owner of animals impounded and to give actual notice thereof to such owner.
---------------------------------, 19-- The Superintendent of the Crater Lake National Park. SIR: I, ---------------------------------, a citizen of the United States and a resident of -------------------------, county of -------------------------, State of -------------------- hereby make application for permission to drive ----------- head of loose stock or cattle over the main traveled wagon road leading through the Crater Lake National Park, Oregon, en route from .. . to .. ------------------ to -----------------; I hereby agree that I will cross the park boundary with my stock on the ------------ day of -----------, 19--, and will not occupy more than ------------- days in crossing the reservation; that I will cause the stock to be moved expeditiously over the road through the park, and will not allow the same to scatter, stop, graze, or pasture upon any of the places used or occupied by the public. I further agree to observe and obey all the rules and regulations for the government of the Crater Lake National Park. --------------------------------- Approved and permit granted ---------------------------------, Laws and Regulations Relating to the Crater Lake National Park, Oregon (Washington, 1908), pp. 6-10. APPENDIX D: General Regulations of March 30, 1912 By act of Congress approved May 22, 1902, the tract of land bounded north by the parallel forty-three degrees four minutes north latitude, south by forty-two degrees forty-eight minutes north latitude, east by the meridian one hundred and twenty-two degrees west longitude, and west by the meridian one hundred and twenty-two degrees sixteen minutes west longitude, having an area of two hundred and forty-nine square miles, in the State of Oregon, and including Crater Lake, has been reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart forever as a public park or pleasure ground for the benefit of the people of the United States, to be known as Crater Lake National Park. The park by said act is placed under the exclusive control of the Secretary of the Interior, and these rules and regulations are made and published in pursuance of the duty imposed on him in regard thereto. 1. It is forbidden to injure, or destroy in any manner, any of the natural curiosities or wonders within the park, or to disturb the mineral deposits in the reservation, except under the conditions pre scribed in paragraph 11 of these regulations. 2. It is forbidden to cut or injure any timber growing on the park lands, except for use in the construction of places of entertainment and in connection with the working of located mining claims, or to deface or injure any Government property. Camping parties and others on the reservation will be allowed to use dead or fallen timber for fuel in the discretion of the superintendent. 3. Fires should be lighted only when necessary and completely extinguished when not longer required. The utmost care must be exercised at all times to avoid setting fire to the timber and grass. 4. Hunting or killing, wounding or capturing any bird or wild animal on the park lands, except dangerous animals when necessary to prevent them from destroying life or inflicting an injury, is prohibited. The outfits, including guns, traps, teams, horses, or means of transportation used by persons engaged in hunting, killing, trap ping, ensnaring, or capturing such birds or wild animals, or in possession of game killed on the park lands under other circumstances than prescribed above, will be taken up by the superintendent and held subject to the order of the Secretary of the Interior, except in cases where it is shown by satisfactory evidence that the outfit is not the property of the person or persons violating this regulation and the actual owner thereof was not a party to such violation. Fire arms will only be permitted in the park on written permission from the superintendent thereof. 5. Fishing with nets, seines, traps, or by the use of drugs or explosives, or in any other way than with hook and line, is prohibited. Fishing for purposes of merchandise or profit is forbidden. Fishing may be prohibited by order of the superintendent in any of the waters of the park, or limited therein to any specified season of the year, until otherwise ordered by the Secretary of the Interior. All fish less than 8 inches in length should at once be returned to the water with the least damage possible to the fish. Fish that are to be retained must be at once killed by a blow on the back of the head or by thrusting a knife or other sharp instrument into the head. 6. No person will be permitted to reside permanently, engage in any business, or erect buildings, etc., upon the Government lands in the park without permission, in writing, from the Secretary of the Interior. The superintendent may grant authority to competent persons to act as guides and revoke the same in his discretion. No pack trains will be allowed in the park unless in charge of a duly registered guide. 7. Owners of patented lands within the park limits are entitled to the full use and enjoyment thereof; the boundaries of such lands, however, must be determined and marked and defined, so that they may be readily distinguished from the park lands. While no limitations or conditions are imposed upon the use of such private lands so long as such use does not interfere with or injure the park, private owners must provide against trespass by their stock or cattle, or otherwise, upon the park lands, an d all trespasses committed will be punished to the full extent of the law. Stock may be taken over the park lands to patented private lands with the written permission and under the supervision of the superintendent, but such permission and supervision are not required when access to such private lands is had wholly over roads or lands not owned or controlled by the United States. 8. Allowing the running at large, herding, or grazing of cattle or stock of any kind on the Government lands in the park, as well as the driving of such stock or cattle over same, is strictly forbidden, except where authority therefor has been granted by the superintendent. All cattle or stock found trespassing on the park lands will be impounded and disposed of as. directed in regulations approved March 30, 1912. 9. No drinking saloon or barroom will be permitted upon Government lands in the park. 10. Private notices or advertisements shall not be posted or displayed on the Government lands within the reservation except such as may be necessary for the convenience and guidance of the public. 11. The act provides that, under such regulations as the Secretary of the Interior may prescribe, the reservation shall be open "to the location of mining claims and the working of the same." It was not the purpose of this provision to extend the mining laws to the park without limitation, but only to authorize the location and working of mining claims thereon, under regulations to be prescribed by the Secretary of the Interior, and in such manner as not to interfere with or prejudicially affect the general purpose for which the reservation was established. It is therefore prescribed: (a) That persons desiring to locate mining claims within the park shall enroll their names and addresses with the superintendent o the reservation and shall file with such superintendent a description, in writing, of the land desired to be located. They shall also file with the superintendent evidence that they are severally qualified to make locations under the mining laws, and before entering upon. the park for such purpose they must obtain from the Secretary of the Interior, through the superintendent, a written permit to do so. Such permit will be issued only upon condition that the applicant or applicants therefor, while upon the reservation, will not destroy or damage any game, fish, timber, or natural objects therein, and will strictly observe and comply with the requirements of the law and these regulations. (b) Lands in the park upon which valuable deposits of mineral shall have been or may be found may be located under the mining laws by any person or persons duly qualified and holding a permit such as is described in the preceding paragraph, and such person or persons, his or their successor or successors in interest, may work the claim or claims so located; but in carrying on the work he or they shall in all respects observe and comply with the provisions of the statute creating the park and with these regulations: Provided, That such person or persons may, as the proper working of such mining claim or claims shall require, be permitted to use for mining purposes such timber or stone found upon the land located as in the judgment of the superintendent may be so used without injury or damage to the reservation "as a public p ark or pleasure ground": And provided further, That within thirty days after the location of any mining claim within the park, and before development work thereon shall be commenced, a copy of the notice of location shall be filed with the superintendent, together with proof satisfactorily showing that discovery of a valuable mineral deposit has been made within the limits of the location, and, if it be a placer location, that every ten-acre tract embraced therein has been found to contain valuable deposits of mineral. (c) The statute does not authorize the purchase of or the acquisition of the legal. title to lands located as mining claims within the park. The rights of the locator or locators, therefore, will be at all times subject to forfeiture upon breach of any of the conditions mentioned in the permit herein provided for, or upon refusal or failure to comply with any of the provisions of the statute or of these regulations. (d) Upon breach of any such conditions, or upon refusal or failure to comply in all respects with the provisions of the statute and of these regulations, or where locators of mining claims do not appear to be acting in good faith, or who after location do not work their claims in such manner as to show good faith in the assertion thereof, the superintendent will revoke their permits, forthwith remove them from the park, and report the facts to the Secretary of the Interior. 12. Persons who render themselves obnoxious by disorderly conduct or bad behavior, or who violate any of the foregoing rules, will be summarily removed from the park and will not be allowed to return without permission, in writing, from the Secretary of the Interior or the superintendent of the park. No lessee or licensee shall retain in his employ any person whose presence in the park shall be deemed and declared by the superintendent to be subversive of the good order and management of the reservation. 13. Any person who violates any of the foregoing regulations will be deemed guilty of a misdemeanor, and upon conviction be fined not more than $500 or imprisoned not more than one year, and shall be liable for any loss sustained by the United States as a result of such violation, as provided by the act creating the park. 14. The superintendent designated by the Secretary is hereby authorized and directed to remove all trespassers from the Government lands in the park and enforce these rules and regulations and all the provisions of the act of Congress aforesaid.
Horses, cattle, or other domestic live stock running at large or being herded or grazed in the Crater Lake National Park without authority from the Secretary of the Interior will be taken up and impounded by the superintendent, who' will at once give notice thereof to the owner, if known. If the owner is not known, notice of such impounding, giving a description of the animal or animals, with the brands thereon, will be posted in six public places inside the park and in two public places outside the park. Any owner of an animal thus impounded may, at any time before the sale thereof, re claim the same upon proving ownership and paying the cost of notice and all expenses incident to the taking up and detention of such animal, including the cost of feeding and caring for the same. If any animal thus impounded shall not be reclaimed within 30 days from notice to the owner or from the date of posting notices, it shall be sold at public auction at such time and place as may be fixed by the superintendent, after 10 days' notice, to be given by posting notices in six public p laces in the park and two public places outside the park, and by mailing to the owner, if known, a copy thereof. All money received from the sale of such animals and remaining after the payment of all expenses incident to the taking up, impounding, and selling thereof, shall be carefully retained by the superintendent in a separate fund for a period of six months, during which time the net proceeds from the sale of any animal may be claimed by and paid to the owner upon the presentation of satisfactory proof of ownership, and if not so claimed within six months from the date of sale such proceeds shall be turned into the. Crater Lake National Park fund. The superintendent shall keep a record, in which shall be set down a description of all animals impounded, giving the brands found on them, the date and locality of the taking up, the date of all notices and manner in which they were given, the date of sale, the name and address of the purchaser, the amount for which each animal was sold and the cost incurred in connection therewith, and the disposition of the proceeds. The superintendent will, in each instance, make every reasonable effort to ascertain the owner of animals impounded and to give actual notice thereof to such owner. Report of the Superintendent of Crater Lake National Park, 1912, in Annual Report of the Department of the Interior, 1912, I, 730-33.
crla/adhi/chap5.htm Last Updated: 13-Aug-2010 |