YELLOWSTONE Early History of Yellowstone National Park and Its Relation to National Park Policies

Although the Yellowstone National Park came into being March 1, 1872, it was several years before any appropriation was made. Indeed Professor Hayden wrote a little later, February 21, 1878, that he had been compelled to give "a distinct pledge" that "he would not apply for an appropriation for several years at least," and that, otherwise, passage of the bill would have been very doubtful. (See his letter in H. Ex. Doc. 75, 45th Cong. 2d sess.)

Mr. T. C. Everts, who won national fame by his "thirty-seven days of peril" in the Washburn party of 1870, was in Washington at the time the bill became law, and for several weeks thereafter, and seems to have been a candidate for superintendent of the park. So it was stated in an item from the Missouri Democrat quoted by the Helena Herald, April 13, 1872. The Washington correspondent of the Helena Herald, in a letter published in that paper April 19, 1872, says that Everts was stopping in Washington at the National Hotel and that when the national park bill became law many Congressmen and others indorsed him for superintendent of the park "but it would appear that this fact is likely to defer the asking of an appropriation to make the place acceptable."

It further appears in the Herald of May 3, 1872, that Everts was a delegate to the Liberal Republican Convention at Cincinnati, "a round about way, to our thinking, for friend Everts to reach the superintendency of the national park."

In letter of May 10, 1872, Langford was appointed superintendent, without salary (see Langford, First Annual Report) and accepted in the following letter dated May 20, 1872, the original being now in the National Park Service file:

"I have been advised here, of my appointment as superintendent of the Yellowstone Park, and shall make immediate preparations for a thorough exploration of it. A number of parties have expressed a desire to put up small hotels for the accommodation of visitors, and it will be desirable to grant leases for this purpose to two or three persons, or at least, to one. Until a survey of the park is made by me, and my report submitted, I do not think it best to grant many leases for hotels, etc., nor these for a long time; but at least one stopping place for tourists should be put up this year.

"I am informed that a toll-road company has graded a few steep hills on the line of travel, and are charging exorbitant rates of toll, without authority of law. I should have authority to regulate this matter, and to prevent imposition upon visitors.

"Will you therefore, communicate with me at Helena, Mont., advising me what power my appointment gives me, and authorizing me to make all necessary regulations for the building of one public house, or more if needed, and generally, for the protection of the rights of visitors, and the establishment of such rules as will conduce to their comfort and pleasure.

"Whatever authority is given me in this matter will be cautiously exercised, for little need be done in this behalf the present season.

"P. S. As I shall be in Helena but a short time, I bespeak an early reply to this communication."

This letter was received May 25, 1872, and answered the same day, but the reply has not been located.

In the spring of 1873 Superintendent Langford appointed D. E. Folsom, of the 1869 expedition, assistant superintendent, also without salary.

FORTY-SECOND CONGRESS, THIRD SESSION

The next winter, 1872-73, Superintendent Langford was back in Washington and seeking an appropriation. Delegate Clagett wrote Secretary Delano February 3, 1873:

"From what I have been able to learn I think that the sum of $15,000 would certainly make all the improvements in the national park that will be needed for some years to come. This amount will make it accessible and travel over the main routes therein comparatively easy. And the revenues of the park will probably do the rest. If you should recommend not more than the above amount I will do my best to secure the appropriation."

Neither Langford nor Clagett, or the department, seems to have known that promises had been made that no appropriations would be asked for for several years as later stated by Hayden.

The first estimates sent to Congress for protection and improvement of Yellowstone National Park are found in House Executive Document 241, Forty-second Congress, third session. Therein under date of February 20, 1873, Acting Secretary Cowen asks for an appropriation of $15,000 "for the purpose of opening up said park to the public by the construction of wagon roads within its boundaries." Included in this document is supporting letter of February 8, 1873, from Superintendent Langford. No appropriation was made.

FORTY-THIRD CONGRESS, FIRST SESSION

November 14, 1873, H. R. Horr, whose claim is elsewhere referred to, wrote the Secretary of the Interior that several parties were killing elk and deer, taking only the tongues and skins. He suggested that Jack Baronette, "now residing near his bridge" be authorized to act in the premises. "Besides myself," he wrote, "he is the only one who will hibernate in this national domain."

September 26, 1873, Governor Campbell of Wyoming and November 27, 1873, Governor Potts of Montana wrote the Secretary urging an appropriation for survey of park boundaries. Potts also urged "a liberal appropriation to employ a resident superintendent of the park, and make such roads as are necessary, and preserve from spoliation the numberless curiosities of that wonderful region."

November 7, 1873, Superintendent Langford urged appropriations and protection, and November 14, 1873, Professor Hayden presented a plan for improvement and protection. December 9, 1873, people living near the line of the Yellowstone National Park petitioned for an appropriation for its management and that a committee of Congress be appointed to visit the park the coming year, this petition being included in House Executive Document 147, Forty-third Congress, first session.

Early in 1874 one Kant Forsberg, a landscape architect, presented to the Secretary an "estimate upon the survey of the national park" amounting to $132,000, a copy of which accompanies this report. This bizarre conception of the scope and purpose of the park must have impressed the Interior Department since it was transmitted by the Secretary February 12, 1874, along with criticism thereof by Hayden, to Hon. James A. Garfield, chairman of the House Committee on Appropriations. Garfield promptly replied, February 13, that the Forsberg scheme was wholly beyond "the range of improvements that the Government might undertake," but that he had no doubt something should be done to preserve the property from spoliation. Copies of the Hayden and Garfield letters and the Forsberg estimate are in the files of the National Park Service. The department letter of February 12 can not be found.

Very promptly, as suggested by Garfield, February 17, 1874, Secretary Delano sent to Congress an estimate for an appropriation of $100,000 for park purposes and a draft of a bill for legislation. He accompanies this request with letters of November 7, 1873, and February 6, 1874, from Superintendent Langford, who states that 500 persons had visited the park the previous season. His request is also supported by letters from Governor Potts, of Montana, Governor Campbell, of Wyoming, and Professor Hayden, and a petition from citizens of Bozeman above referred to. (See H. Ex. Doc. 147, 43d Cong., 1st sess.)

This bill was introduced in the House by Delegate Maginnis, H. R. 2177, and in the Senate by Senator Windom, S. 581. The latter was favorably reported by Senate Committee on Territories, the amount being cut to $25,000. Substitute for the House bill was drafted by the committee but not reported. Again no appropriation resulted.

FORTY-THIRD CONGRESS, SECOND SESSION

At the next session the Secretary asked Congress, December 5, 1874, for $100,000, supporting his request with letter of September 7, 1874, from Superintendent Langford. (H. Ex. Doc. 20, 43d Cong., 2d sess.) Again no appropriation.

December 15, 1874, the Secretary of War made a favorable report on H. R. 2854 for "a military wagon road from Green River, Wyo., to the park and Fort Ellis" and quotes letter of November 28 from General Sheridan. In this letter Sheridan states that although he did not favor the road when forwarding the Jones report in 1873, he had since that time had opportunity to make a personal examination of the road through to Camp Brown, Wyo., and he recommends the road going to the pass at the head of Wind River Valley, to Yellowstone Lake, passing Great Falls, and along the crest of the Grand Canyon, past Mammoth Hot Springs and to Fort Ellis, Bozeman, and the Crow Agency.

The first recorded attempt on the floor of Congress to secure an appropriation for the improvement of Yellowstone National Park was March 1, 1875. Representative Dunnell, of Minnesota, who had reported the original Yellowstone Park bill to the House in 1872, that day offered an amendment to the sundry civil appropriation bill for the fiscal year 1876 to appropriate $25,000 for the construction of public roads within the park, the survey of its boundaries and such other purposes as were deemed necessary by the Secretary of the Interior. The amendment was defeated. Chairman Garfield opposed it as "too early."

FORTY-FOURTH CONGRESS, FIRST SESSION

August 28, 1875, Superintendent Langford writes the Secretary urging $100,000 for surveys, roads, etc. Delegate Maginnis, who had defeated Clagett in 1873, and who had in 1872 editorially questioned the value of the park to Montana, indorsed the Langford letter August 31, 1875, with his hearty approval. He wrote:

"From members of Secretary Belknap's party who came down recently I learn that the spoliations in the park are great. There is at present no way of checking them. Several of the geysers are now nearly ruined and the Government should take some action to preserve these wonderful and beautiful curiosities before it is too late."

June 1, 1876, the House Committee on Military Affairs favorably reported. H. R. 180 for the Green River-Park-Fort Ellis military road at $50,000,

APPOINTMENT OF NORRIS

April 13, 1877, P. W. Norris of Michigan applied for appointment as superintendent of the park. He presented indorsements from Governor Croswell of Michigan, Chief Justice Morrison R. Waite, and others. He was appointed April 18, 1877, his pay being subject to appropriations. He eventually presented a claim for $3,180.41 for salary and expenses, which was appropriated for in the sundry civil act of August 7, 1882. (See H. Ex. Doc. 85, 47th Cong., 1st sess.)

FORTY-FIFTH CONGRESS, SECOND SESSION

March 11, 1878, Representative Alpheus Williams of Detroit, Mich., introduced H. R. 3785, to provide an appropriation for protection and improvement of the Yellowstone Park, but no action was taken by the Committee on Appropriations.

In February and April, 1878, Delegate Corlett of Wyoming introduced bills to fix the northern boundary of the park, one referred to appropriations and one to public lands. Neither was acted upon.

Under date of March 6, 1878, Secretary Schurz had sent to Congress an estimate for $15,000 for "better protection of the National Park from injuries." (See H. Ex. Doc. 75, 45th Cong., 2d sess.) He transmitted letters from Norris and Hayden, and also letter from committee of American Association for Advancement of Science, with a summary by Theo. B. Comstock. The Hayden letter herein is especially interesting.

The Appropriations Committee still including nothing in the sundry civil bill for Yellowstone, on June 13, 1878, Representative Williams offered an amendment to appropriate $10,000 "to protect, preserve, and improve the Yellowstone National Park." This amendment was agreed to, by teller vote, ayes 92, noes 59. On a separate vote in the House it was agreed to by a vote of 91 to 50 and was enacted into law, becoming the first appropriation for national park purposes.

FORTY-FIFTH CONGRESS, THIRD SESSION

The sundry civil bill for the fiscal year 1880 as reported to the House February 24, 1879, contained an appropriation of $10,000 for Yellowstone Park.

FORTY-SIXTH CONGRESS, SECOND SESSION

May 10, 1880, Delegate Downey of Wyoming introduced a bill, H. R. 6133, to change Yellowstone boundaries. No action was taken.

FORTY-SEVENTH CONGRESS, FIRST SESSION

January 16, 1882, Hon. S. S. Cox (Sunset) referred to the department letter of Samuel Wilkeson and asked what legislation was necessary to protect the park. The department reply is not available. January 30, 1882, Cox introduced H. R. 3751, proposing to transfer the park to the War Department, permit railroads, provide penalties for offenses, and give Wyoming courts jurisdiction.

In January, 1882, Delegate Post of Wyoming introduced a bill for the construction of a military road from Fort Washakie to Yellowstone Park, but the bill was adversely reported by the Military Affairs Committee.

F. Jay Haynes, so long connected with concessions in the park, made a application in January, 1882, and was advised by Secretary Kirkman January 27, 1882, to await the return of Superintendent Norris to the park.

March 4, 1882, Secretary Kirkman sent the House Committee on Public Lands an adverse report on the Cox bill saying:

"In regard to placing the park under the control of the War Department as proposed by the bill, I have to state that it does not appear to me that that Department could accomplish more with the same expenditure of funds toward carrying out the objects for which the park was set aside than could be accomplished by the Department of the Interior."

FORTY-SEVENTH CONGRESS, SECOND SESSION

December 12, 1882, Senator Vest, of Missouri, first took up Yellowstone matters and a secured adoption of the resolution by the Senate directing the Senate Committee on Territories to inquire as to what legislation was necessary to protect public property and enforce laws in Yellowstone Park, initiating a fight which he led for many years in an effort to secure needed legislation and appropriations and prevent encroachments on the park. January 5, 1883, Senator Vest, in response to this resolution, reported from the committee S. 2317 to amend the Yellowstone Park act. His report, Senate Report 911, Forty-seventh Congress, second session, Carries letters of Secretary Teller, Governor Crosby of Montana, and General Sackett, and quotes from Sheridan's report on his 1882 trip. Representative Deuster of Wisconsin introduced the same bill in the House. No further action.

For several years to come controversy over Yellowstone Park administration was lively, the widespread interest in the country being indicated by petitions from individuals and memorials from legislatures which came to Congress.

February 1, 1883, came petition from members of Kent County Sportsman's Club of Grand Rapids, Mich., memorial of Illinois Legislature, and letter from the Governor of Montana, and February 14 from Sportsman's Association of Western Pennsylvania.

February 17, 1883, Senator Vest sought to pass a resolution for a special committee of five to report at the next session on the condition and needs of the park, but it went over without action. Several later attempts also failed.

The appropriation item in the sundry civil bill for the fiscal year 1884 was the subject of keen controversy in House and Senate debates. As reported by the Committee on Appropriations of the House, it carried an appropriation of $15,000 for Yellowstone National Park. It also carried a proviso authorizing the Secretary of the Interior to grant leases of limited areas for hotels, etc., but forbidding exclusive privileges or monopolies Mr. McCook, of New York, said the committee provision would improve the situation, but offered a substitute providing that the Secretary of the Interior be entirely prohibited from leasing any portion of the park; that all leases previously entered into should be of no force and effect; further that the Secretary of War be authorized and directed to make necessary detail of troops to prevent trespassers or intruders entering the park for any purpose prohibited by law. In this debate the report of General Sheridan had much weight. Mr. McCook's amendment was agreed to. When the sundry civil bill came up in the Senate, March 1, the appropriation was increased from $15,000 to $40,000. The Senate adopted an amendment of Senator Vest providing that $2,000 should be paid annually to the superintendent of the park, and $900 to each of 10 assistants, etc. The McCook amendment as to leases was struck out and in lieu thereof a paragraph was inserted authorizing the Secretary of the Interior to lease small portions of the ground in the park not exceeding 10 acres in extent for each tract, no such leased land to be within one-quarter of a mile of any of the geysers or of the Yellowstone Falls. Also the Senate inserted the provision that the Secretary of War, upon request of the Secretary of the Interior was directed to make the necessary detail of troops to prevent trespassers, etc. As so amended, the provision became law. It will be noted that this first legislation concerning the administration of Yellowstone National Park was carried in an appropriation bill and there appears under the heading "Columbia Hospital for Women and Lying-in Asylum."

FORTY-EIGHTH CONGRESS, FIRST SESSION

The following December, at the opening of the Forty-eighth Congress, Senator Vest had another resolution adopted by the Senate, calling on the Secretary of the Interior for further Yellowstone Park data.

Expressions of national interest in the park continued December 20, 1883, the Senate received memorial of legislature of Nevada.

Also December 4, 1883, the Senate received memorial of legislature of Montana urging that in any enlargement of the park the Clarks Fork mining district and the mines contiguous thereto be excluded from the park. (S. Misc. Doc. 9, 48th Cong., 1st sess.)

March 4, 1884, Senator Vest secured consideration on his bill S. 221, which he had introduced December 4, 1883, to revise the Yellowstone Park act. This bill eliminated the portions of the park in Montana and Idaho, and extended the park about 9 miles to the south and 30 miles to the east; provided for punishment of offenses; extended the laws of Montana over the park and made the park, for the administration of justice, a part of Gallatin County, Mont.; provided for a superintendent at $2,000 and 15 assistants at $900, with power to arrest; required detail of Army engineers to survey and build roads and bridges, estimates therefor to be submitted by the Secretary of War to Congress; authorized leases for hotels, etc., the proceeds to be available for improvements. After considerable debate bill passed Senate March 5, 1884.

Numerous bills were introduced, carrying the railroad proposition in one form or another. January 29, 1884, Delegate Maginnis, of Montana, had introduced H. R. 4363, for the Cinnabar & Clark Fork Railroad to connect up with the mines at Cooke City. March 18, 1884, the House Committee on Pacific Railroads reported H. R. 6083 as a substitute for the Maginnis bill. It was not acted upon by the House.

S. 1373, for the Cinnabar & Clarks Fork Railroad Co., was introduced February 4, 1884, by Senator McMillan of St. Paul, and February 27, 1884, it was reported favorably. May 27, 1884, S. 1373 was debated at length in the Senate and the powerful opposition to it which developed was clearly a surprise to Vest, and probably was an unwelcome surprise to the railroad promoters. Senator Logan, a few weeks later to be his party's candidate for Vice President, Senator Harrison, four years later to be his party's candidate for President, Senator Conger of Michigan, Senator Garland of Arkansas, Senator Call of Florida, Senator Voorhees of Indiana, constituted, with Senator Vest, an oratorical phalanx which made so strong a showing against the bill that when it was laid aside that day it was not brought up again in that Congress.

February 27, 1884, H. R. 5715, to incorporate the Yellowstone Park Railroad was introduced by Representative Rosecrans of California, but nothing further was heard of it.

July 3, 1884, Secretary Teller reported to Congress on leases in the park, Senate Executive Document 207, Forty-eighth Congress, first session, saying in part:

"The Department has endeavored to restrict the settlement in the park to the class that provides for the comfort of the traveling public: If permits or leases are granted to all who desire to settle in the park, the very purpose of the Government in reserving it from settlement will be defeated."

FORTY-EIGHTH CONGRESS, SECOND SESSION

February 13, 1885, the House considered S. 221 as reported by the Committee on Territories with important amendments, making the Yellowstone River and its eastern fork the northern boundary of the park, and changing the jurisdiction from Montana to Wyoming Territory. The House agreed to committee amendments and passed the bill.

As conferees on S. 221 the Senate appointed Senators Vest, Harrison, and Manderson, while the House named Representatives Pryor of Alabama, Hill of Ohio, and Kiefer of Ohio. Kiefer had been the only one to make any fight against the committee amendments in the House. The bill died in conference.

FORTY-NINTH CONGRESS, FIRST SESSION

March 3, 1885, a special committee of the House had been appointed to investigate Indian education and the Yellowstone Park. This committee consisted of Representatives Holman of Indiana, Hatch of Missouri, Peale of Arkansas, Cannon of Illinois, and Ryan of Kansas. The following summer that committee made an extensive western survey, including some time in the park. Representative Hatch was prevented from going, but the other four members made the trip. Their report was filed with the House March 16, 1886, being House Report 1076, Forty-ninth Congress, first session. In the report appears this statement of park policy:

"The park should so far as possible be spared the vandalism of improvement. Its great and only charms are in the display of wonderful forces of nature, the ever varying beauty of the rugged landscape, and the sublimity of the scenery. Art can not embellish them."

The majority of the committee held that police were only needed to guard against fires and to prevent spoliation by vandals. Cannon and Ryan in their minority report urged the building of more roads and that the superintendent and assistants protect all objects of interest from injury by vandals. Among the witnesses heard by the committee, whose testimony is fully reported, were Arnold Hague and Col. D. C. Kingman.

February 1, 1886, the Senate received the report of Special Agent W. Hallett Phillips on Yellowstone Park, as requested under a resolution by Senator Manderson. (S. Ex. Doc. 51, 49th Cong., 1st sess.). The Phillips report gives considerable attention to the arbitrary administration of justice in the park area under the Wyoming territorial statute in force at that time. The justice of the peace who officiated was a former woodchopper, and was compensated by fees. The assistants superintendent who made the arrests received half of the fines. The climax came when Congressman Payson, of Illinois, later chairman of the Public Lands Committee of the House and always a good friend of national parks, was arrested for failing to put out a campfire. The evidence showed the arrest was entirely unjustified by the facts, but notwithstanding he was fined $50 and costs. He announced his purpose to appeal and contest the validity of the act under which the justice of the peace claimed jurisdiction, and posted a thousand-dollar bond. The justice offered to reduce the fine to a dollar, and later appealed to the Congressman as a former judge to advise the court as to his legal rights. Joseph Medill, of the Chicago Tribune, was in the party and wired an account of the incident to his paper. In that article Medill says, "In a national park the national laws and regulations should be enforced by a national tribunal."

The Phillips report recommends that the regulations be revised and extended and generally posted in the park, opposes a railroad in the park, and opposes the elimination of the Montana strip in the park because of its value as a game refuge. He urges that the permits be kept separate, that is as to hotels, stores, transportation, etc., and urges that all trespassers be removed and unlawful buildings be torn down. He states:

"Three objects were shown and accomplished by Congress in the establishment of the park: First, a pleasure ground for the benefit and enjoyment of the people; second, the preservation of the great game of the country; and third, the preservation of the natural forests in a region where so many of the great rivers of the continent find their sources."

In the Forty-ninth Congress Delegate Toole, of Montana, and Senator McMillan introduced the Cinnabar Railroad bills. February 23, 1886, the House committee reported a substitute bill for the Toole bill, and Senator Sabin, of Minnesota, of the Senate Committee on Railroads, March 9, 1886, reported a substitute for the McMillan bill. Senator Manderson, of Nebraska, had the McMillan bill referred to the Committee on Territories, of which he was a member. That committee, through Senator Butler, of South Carolina, reported the McMillan bill with an amendment. Senator Manderson filed an adverse minority report. June 8, 1886, when they sought to bring up the McMillan bill in the Senate for consideration, Senator Allison, of Iowa, objected. June 21, 1886, it was debated, Senator Vest speaking at length against the bill, with manifestations of interest by Senators Allison and Voorhees. Butler and Ingalls defended the bill. The debate was not concluded, and three later attempts to call up the bill failed. That was the end of this legislation in that Congress.

In 1886 when the 1887 sundry civil bill was under consideration the House desired to substitute a company of cavalry for the assistants superintendent who had been policing the park. The Senate contested this, but the House view prevailed. The conferees having agreed to reject the Senate amendment as to Yellowstone Park, the Senate accepted the conferees' report by an aye and nay vote, 37 to 14. It will be noted, however, that this was the 3d of August, within two days of adjournment of the session, also that this appropriation bill was for the fiscal year beginning the 1st of July previously. It is rather remarkable under the circumstances that Senator Vest was able to secure as many as 14 votes in his attempt to reject the conference report. It was in the House debate on this August 2, 1886, that Representative O'Neill of Missouri quoted Lieutenant Kingman as saying that ultimately "the only way we could preserve this game in the park would be by the construction of immense stockades."

FORTY-NINTH CONGRESS, SECOND SESSION

December 8, 1885, at the opening of the Forty-ninth Congress, Senator Vest had introduced S. 101, to revise the Yellowstone Park act. May 17, 1886, the Senate committee reported S. 2436 as a substitute for S. 101. July 12, 1886, Senator Vest attempted to get the bill up for consideration by the Senate, explaining that since the Territory of Wyoming had repealed its statutes "now this park is entirely without a form of government," but Senator McMillan, of Minnesota, prevented, which ended the bill for that session. The following session, January 28, 1887, Senator Vest endeavored to a bring the bill up and moved its consideration during the morning hour. Senator Plumb, of Kansas, delayed acceptance until expiration of the morning hour, and the bill was laid aside. This bill, as reported in the Senate and as Vest sought to pass it, made the north line of Wyoming the northern boundary of the park and extended the park about 30 miles to the eastward and about 20 miles to the southward. It provided for appointment of a United States commissioner for the park, with no right of appeal from his decisions, and made laws of Wyoming effective so far as applicable. Considerable debate on power to name commissioner. During debate morning hour expired and Vest's motion to postpone bill that would then come up prevailed on roll call by vote 24 to 20, and his motion to continue consideration of S. 2436 carried on roll call 36 to 17. In this debate Vest was supported by Manderson, Edmunds, Dawes, and Call. In opposition were Senators Butler, Ingalls, Van Wyck, George, and McMillan. The bill was amended to provide for appeals to the United States District Court of Wyoming. The bill passed on roll call by 49 to 8. No action taken in the House.

FIFTIETH CONGRESS, FIRST SESSION

The opening of the Fiftieth Congress, December 12, 1887, Senator Vest introduced S. 283 to revise the Yellowstone Park act, and it was reported, with amendments, by Senator Manderson, February 20, 1888. March 29 it was considered and passed by the Senate. This bill eliminated the Montana and Idaho strips and was stated to be "essentially same as passed Senate last year." Representative Wheeler (Gen. Joe Wheeler) reported the bill in the House July 26, 1888, with amendment authorizing the Cinnabar & Cooke City Railroad. The House report was a verbatim copy of the 4-page Senate report and had no discussion of the railroad amendment. October 8, 1888, Mr. McRae, of Arkansas, called it up for consideration, this being just on the eve of adjournment of this unusually long session. Mr. Henderson, of Iowa, announced his purpose of making every point to secure defeat of the bill, with the result that no action was taken.

The Fiftieth Congress, 1887 and 1888, received an avalanche of petitions from 31 States asking protection of Yellowstone.

FIFTIETH CONGRESS, SECOND SESSION

Near the close of the next session, March 1, 1889, Senator Vest had S. 283 returned to the Senate and secured the adoption of several amendments and the passage of the bill by the Senate again on March 2, 1889. The same day on its return to the House Mr. Holman, of Indiana, sought to take up the bill and secure its immediate passage, but Mr. Payson, of Illinois, prevented, and the bill died.

FIFTY-FIRST CONGRESS, FIRST SESSION

At the opening of the Fifty-first Congress, December 4, 1889, Senator Vest introduced S. 491 and S. 1275. January 20, 1890, Senator Manderson reported S. 491, with amendments, his report being verbatim copy of report on S. 283 above. With the amendments the bill passed the Senate, February 21, 1890. It was favorably reported in the House by Mr. Payson, April 15, 1890. He states the bill made the north and west boundaries coincide with State boundaries and extended the park to the east 35 miles and to the south 15 miles, "so as to include additional mountain land, heavily timbered, of no special value now in a commercial sense but of vast importance in protecting the water supply of the Northwest." He further says: "We recommend an a amendment striking off the provision for the employment of a police force. We are of the opinion that the present method of patrolling and policing the park by a detail of a few soldiers is the best course and is all that is needed." The report also authorized a right-of-way for the Montana Mineral Railway and quoted the report in the Forty-ninth Congress on the Cinnabar Railroad. The bill was discussed September 29, 1890. It was called up in the House by Mr. Stockdale, whose railroad right-of-way proposal had been inserted by the committee as an amendment. Mr. Adams, of Pennsylvania, who had been a member of the Hayden party, showed his interest and Representative Dunnell, of Minnesota, who had reported the original Yellowstone Park bill stated, "If this bill provides for the building of a railroad in any part of the national park, I enter my objection." Mr. Holman stated his opposition to the railroad amendment. Consideration of the bill was objected to, and that was the end of it for that Congress. February 19, 1891, the Senate received memorial of Legislature of Montana asking right of way for Montana Mineral Railroad as provided in House committee amendment to S. 491 (S. Misc. Doc. 75, 51st Cong., 2d sess.)

February 14, 1890, the Secretary of War sent Congress an estimate for $50,000 for buildings for troops stationed in the park. (H. Ex. Doc. 188, 51st Cong., 1st sess.)

April 17, 1890, Secretary Windom sent in estimate of Captain Boutelle that $27,221 would be necessary to meet the survey and other expenses required by pending legislation.

March 25, 1890, a pamphlet statement by G. L. Henderson for the Cannon subcommittee on appropriations reviews park appropriations. He praises Langford and Norris but calls the three succeeding superintendents "monarchial." This pamphlet is in the library of Yellowstone Park. He alleged Congress paid $10,000 for Moran's painting but would not protect the original.

FIFTY-FIRST CONGRESS, SECOND SESSION

In this Congress Senator Turple, of Indiana, introduced S. 3894, which proposed to grant to Montana & Wyoming Railroad Co. a right-of-way through the Crow Indian Reservation. This had been favorably reported from the Senate committee and was considered in the Senate February 12, 1891. Senator Manderson manifested an interest in the effect of the railroad on Yellowstone Park. A committee amendment provided that no part of this railroad should be nearer than 1 mile to the Yellowstone National Park, but Senator Hale urged that it ought to be at least 3 miles. The bill passed the Senate, but did not receive consideration in the House.

FIFTY-SECOND CONGRESS, FIRST SESSION

December 10, 1891, at the opening of the Fifty-second Congress, Senator Vest introduced S. 428 to revise the Yellowstone Park act, upon which no action was taken in that Congress.

December 14, 1891, Senator Sanders, of Montana, introduced S. 667, to change the boundaries of Yellowstone Park. Senator Warren on February 26, 1892, introduced S. 2373, to establish Yellowstone Park boundaries. No action was taken on these bills.

Representative Stockdale, of Mississippi, and Senator Carlisle, of Kentucky, introduced bills H. R. 4545 and S. 2286 to grant a right-of-way through Yellowstone Park to the Montana Mineral Railroad Co. A substitute for the Stockdale bill, H. R. 7556, was favorably reported March 25, 1892, by Representative Henry St. George Tucker, of Virginia. In the Tucker report it is stated:

"Cooke City, or the New World mining district, is pronounced by mining experts the most valuable and extensive mining district in the world. There are now registered over 1,500 mining claims awaiting the vitalizing touch of a railroad to be developed into enormous wealth. Congress can regulate commerce and all its instruments, but should not prohibit it by erecting a barrier artificial but impenetrable to citizens."

Representative De Armond filed a report by himself and two other members, opposing the bill, but only because it was a monopoly.

Senator Vest evidently appeared before the House committee in the hearings on this bill and denounced the railroad lobby. He refers to "the aggressive action of a lobby that for years have been endeavoring to put a railroad into the park in order to sell it for a large sum to the Northern Pacific" and says, "the fact remains that no legislation can be had for the park until the demands of these people are conceded." He said he produced before the House committee the evidence the charter had been put on the market. I have been unable to locate these hearings, either in the House Committee on Public Lands, the Library of Congress, or the office of Congressman Tucker.

February 29, 1892, the Secretary of the Interior sends the Senate a report on settlers in the park in 1872 as asked by Senate resolution of January 15, 1891. (S. Ex. Doc. 47, 52d Cong., 1st sess.)

March 7, 1892, Senator Carey reports favorably from Senate Territories his bill S. 1843 as to punishment of offenses in the park, Senate Report 322. This bill was discussed in the Senate June 22, 1892, and laid aside.

March 29, 1892, Representative Stockdale introduced H. R. 7693, to repeal the Yellowstone Park act, but it was not reported.

February 26, 1892, Senator Warren introduced S. 2373 to establish Yellowstone boundaries. This was reported with amendments by Senator Platt March 25, 1892, and debated and passed by the Senate May 10, 1892. This bill made the Yellowstone River the boundary in the northeast, to eliminate the railroad and mines controversy and eliminate all of the Montana and Idaho portions of the park, making large additions to the south and east. The Senate debate was extended and interesting. Senator Vest, in accepting this bill was drinking gall and vinegar. He excused himself in part on the ground that Idaho, Montana, and Wyoming had become States and he was inclined to submit to their Senators on questions affecting the park. He confessed, however, "with humiliation," his defeat in his persistent fight against disintegration and mutilation of the park and said he had found after 12 years "that a persistent and unscrupulous lobby are able to do almost what they please with the public domain." He said he submitted to this legislation "because I can not help myself not because my judgment approves it." Senators Gray, Dawes, Bate, Palmer, Call, and Gorman showed their strong interest in protection of the park but there was no Logan to lead. Senators Platt and Teller supported the Wyoming Senators, Warren and Sanders. Senator Berry of Arkansas favored cutting the park up into 160-acre tracts for settlers and Senator George of Mississippi, who wanted the park abolished, opposed any increase. The bill passed on roll call 32 to 18. This was the high-water mark of the railroad interest.

June 3, 1892, the House Committee on Public Lands, by Representative Stout, House Report 1574, favorably reported S. 2373, making State lines the north and west boundaries. The report is devoted to argument for the need of railroad to Cooke City. Permission was granted for a minority report which was not filed. No action on the report.

July 9, 1892, the Senate had under consideration committee amendments to the sundry civil bill, increasing the Yellowstone Park appropriation from $40,000 to $60,000 and requiring $15,000 to be spent for construction of a road from the Upper Geyser Basin to Snake River on the southern boundary. Here occurred the first recorded park road controversy between Montana and Wyoming. Evidently the item, approved by the Senate was not retained in the bill for July 28, 1892, Senator Warren of Wyoming introduced S. 3485 for a road from Snake River to Du Noir Creek, on which bill no action was taken.

July 20, 1892, Chairman McRae filed majority report of the investigation of Yellowstone Park matters by special committee, House Report 1956, putting the burden of attack on Russell B. Harrison, son of the President. Minority report by Pickier and Townsend defends. Reports consume 317 pages. They framed H. R. 9597 to punish crimes, regulations, etc., which was reported favorably but not acted on further.

December 5, 1892, Theodore Roosevelt, then of the United States Civil Service Commission, wrote Forest and Stream, "So far from having the park cut down, it should he extended."

FIFTY-THIRD CONGRESS, FIRST SESSION

At the opening of the Fifty-third Congress, August 8, 1893, in the special session Senator Vest introduced S. 43 to revise the Yellowstone Park act, on which no action was taken.

Senator Carey introduced S. 159 to authorize leases on which no action was taken.

Representative Hartman introduced H. R. 7 to define park boundaries. Adverse report H. R. 1763 was filed by Representative McRae, February 5, 1895, with map. This adverse action by a House committee on northern boundary change was emphatic and definite in the report of Chairman McRae:

"Your committee has finally come to the conclusion after a thorough examination of the arguments of both sides that the Yellowstone Park should remain undisturbed so far as its present boundaries are concerned, although they do not wish to exclude such additions as may from time to time he made to the present area of the reservation. Your committee think the public interest and the public sentiment call upon Congress not to recede from this wise policy by which this park was dedicated for the benefit and enjoyment of the entire country."

This definite and effective pronouncement came when the park was 21 years old.

Senator Carey also introduced S. 166 to provide for punishment of offences which was reported by him from Senate Territories April 3, 1894, Senate Report 295. No further action.

September 9, 1893, Senator Shoup, of Idaho (by request), introduced S. 884, to authorize an electric railroad in Yellowstone Park, and September 6, 1893, Representative Doolittle, of Washington, introduced H. R. 59 for the same purpose. The Doolittle bill was reported adversely August 7, 1894, by Representative Lacey, of Iowa, House Report 1387. No further action was taken on either bill. This bill proposed to grant two waterfalls for the water power to operate the railway. The House report included adverse reports by Secretary Hoke Smith and Captain Anderson. The latter calls it "unneeded, undesirable, vicious."

FIFTY-THIRD CONGRESS, SECOND SESSION

December 18, 1893, Senator Carey introduced S. 1302, similar to H. R. 7, to establish the park boundaries. March 31, 1894, Secretary Hoke Smith reported adversely. (S. Misc. Doc. 156.) Report carries report of Captain Anderson "with my strongest disapproval" and says present boundaries should not be interfered with. Anderson says:

"Not one of the portions thus sought to be cut off is of the slightest use to any considerable number of people. It is claimed that the north part is needed as a right of way for a railroad to Cooke City. The whole wealth of Cooke would not pay running expenses on one train a year, and there is not the slightest chance of such a road even being built. The people of Livingston are the active boomers of the project. * * * In a word these three cuts would each be squatted on by a crowd of poachers, trappers, and skin hunters. The north one would destroy the best (except one) winter range for elk; the northeast one would a take the home of the mountain sheep; the southwest one would take the home of the few remaining moose and encroach dangerously close to the summer range of the buffalo. * * * The bill is purely in the interest of private greed and that too not of a very high order."

The Secretary expands the Anderson argument and says further it would be a very bad precedent. With this report are also printed a letter from George Bird Grinnell, two letters from Lieut. H. M. Chittenden, and one from W. Hallett Phillips answering Arnold Hague. At the foot of the Phillips letter is concurrence by Theodore Roosevelt, then chairman of the Civil Service Commission, and offer to testify. No further action was taken on this bill or on S. 1753 which he had introduced March 9, 1894, and which also proposed changes in park boundaries.

January 8, 1894, Representative Coffeen, of Wyoming, introduced H. R. 5066, "to encourage and establish better facilities for travel to and from, into and through Yellowstone Park," proposing a grant to the Grand Island Wyoming Central Railroad. This was adversely reported August 7, 1894, by Representative Hare, of Ohio, House Report 1386. Report includes adverse report of Department and of Captain Anderson. Latter says it is "most mischievous bill ever introduced in regard to the park." The long adverse report of Secretary Lamar, dated April 22, 1886, is also included, quoting General Sheridan as saying, "A railroad through any portion of the park is not in harmony with the objects for which this reservation was created."

It was in 1894 that legislation for the better protection and administration of Yellowstone Park was secured, nearly one-quarter of a century after the establishment of the park. An era of good feeling appears to have arrived. The Secretary of Interior stands solidly with Captain Anderson, acting superintendent, in opposition to mutilation or spoliation of the park. House and Senate give only adverse reports to railroad and boundary bills. Legislation concerning administration fully approved by the department becomes law.

Representative Hayes, of Iowa, introduced H. R. 5293, and Representative Lacey, of Iowa, introduced H. R. 6442. Both of these bills became law. The Hayes Act was "concerning leases in the Yellowstone National Park" and was very generally along the lines of the paragraph in the 1883 appropriation act. It was approved August 3, 1894. The Lacey Act was "to protect the birds and animals in Yellowstone National Park and to punish crimes in said park, and for other purposes." This was approved May 7, 1894. It makes the entire park a part of the United States judicial district of Wyoming, provides generally for protection of the game and for punishment of all offenses, authorizes appointment of deputy marshals and a United States commissioner for the park, etc. (See Appendices B and C.) Especially active in securing passage of the leasing bill was Representative David Henderson, who had in former years been antagonistic, and whose brother, G. L. Henderson, had been interested in park affairs. His park description on page 3502 of the Record is notable.

FIFTY-FOURTH CONGRESS, FIRST SESSION

In the Fifty-fourth Congress, Senator Shoup and Representative Doolittle reintroduced their electric railroad bills. The Senate bill was adversely reported by Senator Davis, of Minnesota. No further action taken on either bill.

In the Fifty-fourth Congress, Senator Carter, of Montana, introduced S. 1654, to amend the Lacey Act, and Representative Hartman, of Montana, introduced H. R. 4587, for the same purpose. This bill proposed to confer concurrent jurisdiction upon the United States courts of Wyoming and Montana. It was favorably reported from the Committee on the Judiciary by Senator Teller, of Colorado, former Secretary of the Interior, and was briefly discussed in the Senate. February 28, 1897, it was referred back to the Judiciary Committee at the request of Senator Hoar, of Massachusetts.

February 3, 1896, Representative Hartman, of Montana, introduced H. R. 5373, to establish Yellowstone Park boundaries on which no action was taken.

Passage of the Lacey and Hayes Acts by this Congress had ended Senator Vest's long fight, but his Yellowstone interest continued.

FIFTY-FOURTH CONGRESS, SECOND SESSION

On February 17, 1897, in the Fifty-fourth Congress, Senator Vest secured adoption of a resolution by the Senate, calling on the Interior Department for information as to installation of an elevator or other appliance to convey persons up and down the Yellowstone Canyon, which report was furnished by the Secretary February 24, 1897. (S. Doc. 151, 54th Cong., 2d sess.) In this report it appears Assistant Secretary Simms had concluded such an elevator would not detract from the natural grandeur of the landscape.