American Big Game in Its Haunts Part 21

Big-Game Refuges

Since the inception of the Boone and Crockett Club its plans and purposes have changed not a little. Originally organized for social purposes, for the encouragement of big-game hunting, and the procuring of the most effective weapons with which to secure the game, it has, little by little, come to be devoted to the broader object of benefiting this and succeeding generations by preserving a stock of large game. It is still made up of enthusiastic riflemen, and their love of the chase has not abated. But, since the Club's formation, an astonishing change has come over natural conditions in the United States--a change which, fifteen or twenty years ago, could not have been foreseen. The extraordinary development of the whole Western country, with the inevitable contraction of the range of all big game, and the absolute reduction in the numbers of the game consequent on its destruction by skin hunters, head hunters and tooth hunters, has obliged the Boone and Crockett Club, in absolute self-defense, and in the hope that its efforts may save some of the species threatened with extinction, to turn its attention more and more to game protection.

The Club was established in 1888. The buffalo had already been swept away. Since that date two species of elk have practically disappeared from the land, one being still represented by a few individuals which for some years have been preserved from destruction by a California cattle company; the other, found only in the Southwest, in territory now included within the Black Mesa forest reservation, may be, perhaps, without a single living representative. Over a vast extent of the territory which the antelope once inhabited, it has ceased to exist; and so speedy and so wholesale has been its disappearance that most of the Western States, slow as they always are to interfere with the privileges of their citizens to kill and destroy at will, have pa.s.sed laws either wholly protecting it or, at least, limiting the number to be killed in a season to one, two or three. In 1888 no one could have conceived that the diminution of the native large game of America would be what it has proved to be within the past fifteen years.

[Ill.u.s.tration: THE NEW BUFFALO HERD IN YELLOWSTONE NATIONAL PARK]

That the game stock may re-establish itself in certain localities, the Club has advocated the establishment in the various forest reserves of game refuges, where absolutely no hunting shall be permitted.

Through the influence of William Hallett Phillips, a deceased member of the Club, a few lines inserted in an act pa.s.sed by Congress March 3, 1891, permitted the establishment of forest reserves, and Hon. John W. n.o.ble, then Secretary of the Interior, at once recommended the application of the law to a number of forest tracts, which were forthwith set aside by Presidential proclamation. Since then, more and more forest reserves have been created, and, thanks to the wisdom and courage of the Chief Magistrates of the Nation within the past twelve years, we now have more than sixty millions of acres of such reservations. These consist largely of rough, timbered mountain lands, unfit for cultivation or settlement. They are of enormous value to the arid West, as affording an unfailing water supply to much of that region, and in a less degree they are valuable as timber reserves, from which hereafter may be harvested crops which will greatly benefit the country adjacent to them.

In the first volume of the Boone and Crockett Club Books, it was said: "In these reservations is to be found to-day every species of large game known to the United States, and the proper protection of the reservations means the perpetuating in full supply of all these indigenous mammals. If this care is provided, no species of American large game need ever become absolutely extinct; and intelligent effort for game protection may well be directed toward securing, through national legislation, the policing of forest preserves by timber and game wardens."--American Big Game Hunting, p. 330.

When these lines were written, Congressional action in this direction was hoped for at an early day; but, except in the case of the Yellowstone National Park, such action has not been taken. Meantime, hunting in these forest reserves has gone on. In some of them game has been almost exterminated. Two little bunches of buffalo which then had their range within the reserves have been swept out of existence.

It is obvious that effectively to protect the big game at large there must be localities where hunting shall be absolutely forbidden. That any species of big game will rapidly increase if absolutely protected is perfectly well known; and in the Yellowstone Park we have ever before us an object lesson, which shows precisely what effective protection of game can do.

It is little more than twenty years since the first efforts were made to prevent the killing of game within that National Reservation, and only about ten years since Congress provided an effective method for preventing such killing. He must be dull indeed who does not realize what that game refuge has done for a great territory, and of how much actual money value its protection has been to the adjoining States of Montana and Idaho, and especially of Wyoming. The visit of President Roosevelt to the National Park last spring made these conditions plain to the whole nation. At that time every newspaper in the land gave long accounts of what the President saw and did there, and told of the hordes of game that he viewed and counted. He saw nothing that he had not before known of, nothing that was not well known to all the members of the Boone and Crockett Club; but it was largely through the President's visit, and the accounts of what he saw in the Yellowstone Park, that the public has come to know what rigid protection can do and has done for our great game.

Since such a refuge can bring about such results, it is high time that we had more of these refuges, in order that like results may follow in different sections of the West, and for different species of wild game; as well for the benefit of other localities and their residents, as for that wider public which will hereafter visit them in ever increasing numbers.

A bill introduced at the last session of Congress authorized the President, when in his judgment it should seem desirable, to set aside portions of forest reserves as game refuges, where no hunting should be allowed. The bill pa.s.sed the Senate, but failed in the House, largely through lack of time, yet some opposition was manifested to it by members of Congress from the States in which the forest reserves are located, who seemed to feel that such a law would in some way abridge the rights and privileges of their const.i.tuents. This is a narrow view, and one not justified by the experience of persons dwelling in the vicinity of the Yellowstone National Park.

If such members of Congress will consider, for example, the effect on the State of Wyoming, of the protection of the Yellowstone Park, it seems impossible to believe that they will oppose the measure. Each non-resident sportsman going into Wyoming to hunt the game--much of which spends the summer in the Yellowstone Park, and each autumn overflows into the adjacent territory--pays to the State the sum of forty dollars, and is obliged by law to hire a guide, for whose license he must pay ten dollars additional; besides that, he hires guides, saddle and pack animals, pays railroad and stage fare, and purchases provisions to last him for his hunt. In other words, at a modest calculation, each man who spends from two weeks to a month hunting in Wyoming pays to the State and its citizens not less than one hundred and fifty dollars. Statistics as to the number of hunters who visit Wyoming are not accessible; but if we a.s.sume that they are only two hundred in number, this means an actual contribution to the State of thirty thousand dollars in cash. Besides this, the protection of the game in such a refuge insures a never-failing supply of meat to the settlers living in the adjacent country, and offers them work for themselves and their horses at a time when, ranch work for the season being over, they have no paying occupation.

[Ill.u.s.tration: A BIT OF SHEEP COUNTRY]

The value of a few skins taken by local hunters is very inconsiderable when compared with such a substantial inflow of actual cash to the State and the residents of the territory neighboring to such a refuge. Moreover, it must be remembered that, failing to put in operation some plan of this kind, which shall absolutely protect the game and enable it to re-establish itself, the supply of meat and skins, now naturally enough regarded as their own peculiar possession by the settlers living where such a refuge might be established, will inevitably grow less and less as time goes on; and, as it grows less, the contributions to State and local resources from the non-resident tax will also grow less. Thirty years ago the buffalo skinner declared that the millions of buffalo could never be exterminated; yet the buffalo disappeared, and after them one species of big game after another vanished over much of the country. The future can be judged only by the past. Thirty years ago there were elk all over the plains, from the Missouri River westward to the Rocky Mountains; now there are no elk on the plains, and, except in winter, when driven down from their summer range by the snows, they are found only in the timbered mountains. What has been so thoroughly accomplished will be sure to continue; and, unless the suggested refuges shall be established, there will soon be no game to protect--a real loss to the country.

It has long been customary for Western men of a certain type to say that Eastern sportsmen are trying to protect the game in order that they themselves may kill it, the implication being that they wish to take it away from those living near it, and who presumably have the greatest right to it. Talk of this kind has no foundation in fact, as is shown by the laws pa.s.sed by the Western States, which often demand heavy license fees from non-residents, and hedge about their hunting with other restrictions. Many Eastern sportsmen desire to preserve the game, not especially that they themselves may kill it, but that it shall be preserved; if they desire to kill this game they must and do comply with the laws established by the different States, and pay the license fees.

A fundamental reason for the protection of game, and so for the establishment of such game refuges, was given by President Roosevelt in a speech made to the Club in the winter of 1903, when he expressed the opinion that it was the duty of the Government to establish these refuges and preserves for the benefit of the poor man, the man in moderate circ.u.mstances. The very rich, who are able to buy land, may establish and care for preserves of their own, but this is beyond the means of the man of moderate means; and, unless the State and Federal Governments establish such reservations, a time is at hand when the poor man will have no place to go where he can find game to hunt. The establishment of such refuges is for the benefit of the whole public--not for any cla.s.s--and is therefore a thoroughly democratic proposition.

There is no question as to the right of Congress to enact laws governing the killing of game on the public domain, or within a forest reserve where this domain lies within the boundaries of a Territory. Moreover, it has been determined by the courts and otherwise that within a State the Federal Government has, on a forest reserve, all the rights of an individual proprietor, "supplemented with the power to make and enforce its own laws for the a.s.sertion of those rights, and for the disposal and full and complete management, control and protection of its lands."

In January, 1902, the Hon. John F. Lacey, of Iowa, a member of this Club, whose efforts in behalf of game protection are generally recognized, and whose name is attached to the well-known Lacey Law, received from Attorney-General Knox an opinion indicating that there is reasonable ground for the view that the Government may legislate for the protection of game on the forest reserves, whether these forest reserves lie within the Territories or within the States. From this opinion the following paragraphs are taken:

"While Congress certainly may by law prohibit and punish the entry upon or use of any part of those forest reserves for the purpose of the killing, capture or pursuit of game, this would not be sufficient. There are many persons now on those reserves by authority of law, and people are expressly authorized to go there, and it would be necessary to go further and to prohibit the killing, capture or pursuit of game, even though the entry upon the reserve is not for that purpose. But, the right to forbid intrusion for the purpose of killing, _per se_, and without reference to any trespa.s.s on the property, is another. The first may be forbidden as a trespa.s.s and for the protection of the property; but when a person is lawfully there and not a trespa.s.ser or intruder, the question is different.

"But I am decidedly of opinion that Congress may forbid and punish the killing of game on these reserves, no matter that the slayer is lawfully there and is not a trespa.s.ser. If Congress may prohibit the use of these reserves for any purpose, it may for another; and while Congress permits persons to be there upon and use them for various purposes, it may fix limits to such use and occupation, and prescribe the purpose and objects for which they shall not be used, as for the killing, capture or pursuit of specified kinds of game. Generally, any private owner may forbid, upon his own land, any act that he chooses, although the act may be lawful in itself; and certainly Congress, invested also with legislative power, may do the same thing, just as it may prohibit the sale of intoxicating liquors, though such sale is otherwise lawful.

"After considerable attention to the whole subject, I have no hesitation in expressing my opinion that Congress has ample power to forbid and punish any and all kinds of trespa.s.s, upon or injury to, the forest reserves, including the trespa.s.s of entering upon or using them for the killing, capture or pursuit of game.

"The exercise of these powers would not conflict with any State authority. Most of the States have laws forbidding the killing, capture or pursuit of different kinds of game during specified portions of the year. This makes such killing, etc., lawful at other times, but only lawful because not made unlawful. And it is lawful only when the State has power to make it lawful, by either implication or direct enactment.

But, except in those cases already referred to, such as eminent domain, service of process, etc., no State has power to authorize or make lawful a trespa.s.s upon private property. So that, though Congress should prohibit such killing, etc., upon its own lands, at all seasons of the year, this would not conflict with any State authority or control. That the preservation of game is part of the public policy of those States, and for the benefit of their own people, is shown by their own legislation, and they cannot complain if Congress upon its own lands goes even further in that direction than the State, so long as the open season of the State law is not interfered with in any place where such law is paramount.

[Ill.u.s.tration: MOUNTAIN SHEEP AT REST]

"It has always been the policy of the Government to invite and induce the purchase and settlement of its public lands; and as the existence of game thereon and in their localities adds to the desirability of the lands, and is a well-known inducement to their purchase, it may well be considered whether, for this purpose alone, and without reference to the protection of the lands from trespa.s.s, Congress may not, on its own lands, prohibit the killing of such game."

In this opinion the Attorney-General further calls attention to the difficulties of enforcing the State law, and suggests that it might be well to give marshals and their deputies, and the superintendents, supervisors, rangers, and other persons charged with the protection of these forest reserves, power on the public lands, in certain cases approaching "hot pursuit," to arrest without warrant. All who are familiar with the conditions in the more spa.r.s.ely settled States will recognize the importance of some such provision. A matter of equal importance, though as yet not generally recognized, is that of providing funds for the expenses of forest officers making arrests. It is often the fact that no justice of the peace resides within fifty or a hundred miles of the place where the violation of the law occurs. The ranger making the arrest is obliged to transport his prisoner for this distance, and to provide him with transportation, food and lodging during the journey and during the time that he may be obliged to wait before bringing the prisoner arrested before a proper court. This may often amount to more than the penalty, even if the officer making the arrest secures a conviction; but, on the other hand, the individual arrested may not be able to pay his fine, and may have to go to jail. In this case the officer making the arrest is out of pocket just so much.

Under such circ.u.mstances, it is evident that few officers can afford to take the risk of losing this time and money.

In most States of the Union there exist considerable tracts of land, mountainous, or at least barren and unfit for cultivation. Legislation should be had in each State establishing public parks which might well enough be stocked with game, which should there be absolutely protected. Some efforts in this direction have been made, notably Ma.s.sachusetts, New York, Pennsylvania and Minnesota. In many of the New England States there are tracts absolutely barren, unoccupied and often bordered by abandoned farms, which could be purchased by the State for a very modest compensation; and it is well worth the while of the Boone and Crockett Club to endeavor by all means in its power to secure the establishment in the various States of parks which might be breeding centers for game, great and small, on the same plan as the proposed refuges hoped for within the forest reservations. Michigan, Wisconsin, Minnesota, and practically all the States to the west of these, possess such areas of unoccupied land, which might wisely be acquired by the State and devoted to such excellent purposes. In Montana there is a long stretch of the Missouri River, with a narrow, shifting bottom, bordered on either side by miles of bad-lands, which would serve as such a State park. Settlers on this stretch of river are few in number, for the bottoms are not wide enough to harbor many homes, and, being constantly cut out by the changes of the river's course, are so unstable as to be of little value as farming lands. On the other hand, the new bottoms constantly formed are soon thickly covered by willow brush, while the extensive bad-lands on either side the stream furnish an admirable refuge for deer, antelope, mountain sheep and bear, with which the country is already stocked, and were in old times a great haunt for elk, which might easily be reintroduced there.

There is a tendency in this country to avoid trouble, and to do those things which can be done most easily. From this it results that efforts are constantly being made to introduce into regions from which game has been exterminated various species of foreign game, which can be had, more or less domesticated, from the preserves of Europe. Thus red deer have been introduced in the Adirondack region, and it has been suggested that chamois might be brought from Europe and turned loose in certain localities in the United States, and there increase and furnish shooting. To many men it seems less trouble to contribute money for such a purpose as this than to buckle down and manufacture public sentiment in behalf of the protection of native game. This is a great mistake. From observations made in certain familiar localities, we know definitely that, provided there is a breeding stock, our native game, with absolute protection, will re-establish itself in an astonishingly short period of time. It would be far better for us to concentrate our efforts to renew the supply of our native game rather than to collect subscriptions to bring to America foreign game, which may or may not do well here, and may or may not furnish sport if it shall do well.

[Ill.u.s.tration: MULE DEER AT FORT YELLOWSTONE]

Forest Reserves of North America

In the United States something over 100,000 square miles of the public domain has been set aside and reserved from settlement for economic purposes. This vast area includes reservations of four different kinds: First, National Forest Reserves, aggregating some 63,000,000 acres, for the conservation of the water supply of the arid and semi-arid West; second, National Parks, of which there are seventeen, for the purpose of preserving untouched places of natural grandeur and interest; third, State Parks, for places of recreation and for conserving the water supply; and fourth, military wood and timber reservations, to provide Government fuel or other timber. Most military wood reserves were originally established in connection with old forts.

The forest reservations, as they are by far the largest, are also much the most important of these reserved areas.

Perhaps three-quarters of the population of the United States do not know that over nearly one-half of the national territory within the United States the rainfall is so slight or so unevenly distributed that agriculture cannot be carried on except by means of irrigation. This irrigation consists of taking water out of the streams and conducting it by means of ditches which have a very gentle slope over the land which it is proposed to irrigate. From the original ditch, smaller ditches are taken out, running nearly parallel with each other, and from these laterals other ditches, still smaller, and the seepage from all these moistens a considerable area on which crops may be grown. This, very roughly, is irrigation, a subject of incalculable interest to the dwellers in the dry West.

It is obvious that irrigation cannot be practiced without water, and that every ditch which takes water from a stream lessens the volume of that stream below where the ditch is taken out. It is conceivable that so many ditches might be taken out of the stream, and so much of the water lost by evaporation and seepage into the soil irrigated, that a stream which, uninterfered with, was bank full and even flowing throughout the summer, might, under such changed condition, become absolutely dry on the lower reaches of its course. And this, in fact, is what has happened with some streams in the West. Where this is the case, the farmers who live on the lower stretches of the stream, being without water to put on their land, can raise no crops. Nothing, therefore, is more important to the agriculturists of the West than to preserve full and as nearly equal as possible at all seasons the water supply in their streams.

This water is supplied by the annual rain or snow fall; but in the West chiefly by snow. It falls deep on the high mountains, and, protected there by the pine forests, acc.u.mulates all through the winter, and in spring slowly melts. The deep layer of half-rotted pine needles, branches, decayed wood and other vegetable matter which forms the forest floor, receives this melting snow and holds much of it for a time, while the surplus runs off over the surface of the ground, and by a thousand tiny rivulets at last reaches some main stream which carries it toward the sea. In the deep forest, however, the melting of this snow is very gradual, and the water is given forth slowly and gradually to the stream, and does not cause great floods. Moreover, the large portion of it which is held by the humus, or forest floor, drains off still more gradually and keeps the springs and sources of the brook full all through the summer.

Without protection from the warm spring sun, the snows of the winter might melt in a week and cause tremendous torrents, the whole of the melted snowfall rushing down the stream in a very short time. Without the humus, or forest floor, to act as a soaked sponge which gradually drains itself, the springs and sources of the brooks would go dry in early summer, and the streams further down toward the cultivated plains would be low and without sufficient water to irrigate all the farms along its course.

It was for the purpose of protecting the farmers of the West by insuring the careful protection of the water supply of all streams that Congress wisely pa.s.sed the law providing for the establishing of the forest reserves. It is for the benefit of these farmers and of those others who shall establish themselves along these streams that the Presidents of the United States for the last twelve or fourteen years have been establishing forest reserves and have had expert foresters studying different sections of the western country to learn where the water was most needed and where it could best be had.

It is gratifying to think that, while at first the establishment of these forest reserves was very unpopular in certain sections of the West, where their object was not in the least understood, they have--now that the people have come to see what they mean--received universal approval. It sometimes takes the public a long time to understand a matter, but their common sense is sure at last to bring them to the right side of any question.

The list of reservations here given is brought down to December, 1903, and is furnished by the U.S. Forester--a member of the Club.

_Government Forest Reserves in the United States and Alaska_

ALASKA. Area in Acres

Afognak Forest and Fish Culture Reserve 403,640 The Alexander Archipelago Forest Reserve 4,506,240

Total 4,909,880

ARIZONA.

The Black Mesa Forest Reserve 1,658,880 The Prescott Forest Reserve 423,680 Grand Canyon Forest Reserve 1,851,520 The San Francisco Mountains Forest Reserve 1,975,310 The Santa Rita Forest Reserve 387,300 The Santa Catalina Forest Reserve 155,520 The Mount Graham Forest Reserve 118,600 The Chiricahua Forest Reserve 169,600

Total 6,740,410