CHAPTER XIV.

ADMINISTRATIVE HISTORY OF THE PARK.

The Act of Dedication of the Yellowstone National Park indicates in clear terms the purposes for which it was created. These are:

(1.) The preservation of its natural curiosities, its forests, and its game.

(2.) The reservation of its territory from private occupancy so that it may remain in unrestricted freedom "for the benefit and enjoyment of the people."

(3.) The granting of such leases and other privileges as may be necessary for the comfort and convenience of visitors.

One grave omission in the original act, and the long-continued failure of Congress to remedy it by subsequent legislation, in a large degree nullified these important purposes. Strange as it may seem, for twenty-two years, or until the spring of 1894, there was no law defining offenses in the Park or providing a penalty for their commission. Wanton vandalism, destruction of game, or burning of forests, could be visited with no heavier punishment than ejection from the Park and confiscation of "outfit." In the reports of every Superintendent, for more than a score of years, this condition of affairs was brought to the attention of Congress. Meanwhile there were experienced all the evils of a license which at times was wholly unchecked and which has never until very recently been under proper control.

This long-standing misfortune was aggravated by another scarcely less serious--the failure of Congress for several years to appropriate funds for the protection and improvement of the Park. For this failure, however, no one can justly be held faultily responsible. The promoters of the Park project had based extravagant expectations upon the results to be derived from leases. They believed that the revenue from this source would amply cover the expense of opening the necessary highways and providing a proper police force. They did not make due allowance, for the fact that there was at that time no railroad within 500 miles; that the new reservation was an almost impassable wilderness, and that the construction of roads and bridges must necessarily precede any profitable tourist business. Neither do they seem to have realized that these leases could not, in the nature of things, yield a revenue commensurate with the work of opening up so wild and extensive a country. The argument of self-support was a mistaken one. It did an important work, however, for it is doubtful if Congress would have created this reservation had it not believed that no additional public burden was to be incurred thereby.

The subsequent results of this erroneous impression were in every way unfortunate. It was several years (1872 to 1878) before any money was appropriated for the Park, which, in the meanwhile, was left wholly without means for its improvement and protection. The Secretary of the Interior might indeed publish rules and regulations for its government, but they could avail but little so long as there was no authority to carry them into execution. In fact, the only valuable result of the creation of the Park during these years was the exclusion of settlers from its territory.

Shortly after the Park was created, the Hon. N. P. Langford was appointed its first Superintendent. The selection was in every sense an admirable one. Mr. Langford had been a member of the famous Washburn Expedition, and an earnest worker in securing the Act of Dedication. He was intimately acquainted with all phases of western life, and was an enthusiast upon the subject of his new charge. But, from the first, his hands were completely tied. No money was ever allowed him for his services, nor for any other form of expenditure in the interests of the Park. He was, therefore, powerless to accomplish effective work. His office, which he held for about five years, was a source of great annoyance to him; for he was frequently, and most unjustly, charged in the public press with the responsibility for a condition of things for which he was in no sense to blame.

In 1877, there appeared, as Mr. Langford's successor, one of the most unique and picturesque, as well as one of the most important, characters in the history of the Park. This was Philetus W. Norris, of Michigan. He was appointed immediately upon the advent of President Hayes' administration, and held office very nearly five years, or almost exactly the same length of time as his predecessor.

Norris filled with varying capacity the rôles of explorer, path-finder, poet, and historian in the Park. He was a man of extraordinary energy, and, if not in the fullest sense a practical man, he had at least the invaluable quality of being able to produce results. He entered upon his new field of duty with a genuine enthusiasm, and he was fortunate in receiving from Congress substantial means with which to carry out his plans.

The work of Norris' administration may be conveniently considered under three heads: his discoveries, his road building, and his reports.

He was pre-eminently an explorer. He not only traveled repeatedly over all the known trails, but he penetrated the unknown sections of the Park in every direction. Though not the discoverer, he first made generally known the geyser basin that bears his name. He explored and reported upon the Hoodoo region, and first called prominent attention to the noble cañon of the Middle Gardiner. But the most important feature of his explorations was the study he made of the history and antiquities of the Park. We owe more to him than to any one else for evidence of the former presence of white men in that region. His discoveries also in the matter of prehistoric races and of early Indian history possess scientific value.

In the rôle of road builder, Norris was a pioneer in the Park. Before his time, wagons could get up the Gardiner to Mammoth Hot Springs, and up the Madison to the Lower Geyser Basin. He opened the way direct from Mammoth Hot Springs to the Upper Geyser Basin, from the Lower Basin to the Yellowstone River, Lake, and Falls, and from Mammoth Hot Springs to Tower Creek. He thus shortened the old pack-train route by one-third, and foreshadowed the general road system which Lieutenant Kingman later formulated into a permanent project of improvement. As a road engineer, he was not a distinguished success. His work was ill-conceived and poorly executed, but at the same time it gave access to many places wholly inaccessible before. All the difference between poor roads and none at all may justly be placed to his credit.

The third and most important feature of Norris' work was his official reports and other writings. As he was always doing something, although seldom in the best way, so he was always saying something, with the same constitutional defect. Nevertheless, he has left in his five annual reports a great deal of useful information, which he supplemented by a long series of articles in the _Norris Suburban_, a paper at that time largely read throughout the West. It is not too much to say that he was a prime mover in the strong awakening of public sentiment in regard to the Park which began to show itself toward the close of his administration.

Norris' work in the Yellowstone Park can not be passed over without praise. It left its mark, as its author did his name, in every quarter. But one thing must be charged to his account--an almost total failure to _protect_ the Park. He did, indeed, by his public utterances, denounce the vandalism and game destruction that were then rampant; but he did little in a practical way to prevent them--no more, in fact, than his predecessor, although he was given the means.

Norris was succeeded in February, 1882, by Patrick H. Conger, of Iowa. Of this Superintendent, it need only be said that his administration was throughout characterized by a weakness and inefficiency which brought the Park to the lowest ebb of its fortunes, and drew forth the severe condemnation of visitors and public officials alike. This administration is an important one, however, for it marks the period of change in public sentiment already referred to, and the commencement of reform in the government of the reservation.

As if the unfortunate condition of affairs due to the lack of suitable laws for the reservation were not enough, there arose in the early part of Superintendent Conger's administration a new and even more formidable danger, under the euphemistic title of the Yellowstone Park Improvement Company. Previous to this time, there had been no regular leases in the Park. Several informal permits for occupancy had been granted, and a small number of inferior buildings had been erected. In 1880, there were nine of these buildings, nearly all of them being plain log-cabins, with earth roofs, of the common frontier pattern. Only two, the headquarters building at Mammoth Hot Springs and Marshall's Hotel in the Lower Geyser Basin, rose in dignity above the primitive type. No one as yet thought of remaining in the Park during the winter season.

But it finally dawned upon certain sagacious individuals that here was a rare opportunity to exploit the government for their private emolument under the generous guise of improving the Park, and catering to the comfort of the tourist. A company was accordingly formed, and a valuable ally secured in the person of the Assistant Secretary of the Interior, who granted a lease of 4,400 acres in tracts of about a square mile at each of the great points of interest. It was urged in defense of this sweeping grant, that it was hoped in that way to secure the protection which had yet failed to be found by any other method. It was thought that, if responsible parties could be given exclusive control of these natural curiosities, they would, at least from motives of self-interest, preserve them. But such a monopolistic privilege was clearly opposed to the spirit of the Act of Dedication. Why set apart this region for the free and unrestricted enjoyment of the people, if the Secretary of the Interior could give to private parties absolute control of all its most important localities? Was this a proper interpretation of "small parcels of ground," as specified in the act? The danger involved in this action was indeed a grave one, and it at once aroused a storm of protest throughout the country.

It was about this time also that there began to appear those various railroad and segregation projects which from that time to the present have been a formidable menace to the continued existence of the Park. A more extensive consideration of this particular subject is reserved for a later chapter.

It thus became apparent as early as 1882, that immediate and radical measures must be adopted if the Park was to be preserved in its original condition. General Sheridan who passed through that region in 1881, 1882, and 1883, gave forcible warning of the impending danger, and urgently appealed to the public sentiment of the country in favor of some action which should avert it. The Governor of Montana made an earnest appeal to Congress. Other influential voices united in the same cause, and already it was broadly hinted that the only salvation of the Park lay in turning it over to the military. The whole matter was brought prominently before the next Congress, and in March, 1883, a clause in the Sundry Civil Bill containing the annual appropriation for the Park, forbade the granting of leases of more than ten acres to any single party, authorized the Secretary of the Interior to call upon the Secretary of War for troops to patrol the Park, and provided for the employment of ten assistant superintendents who were to constitute a police force. Thus was the bold scheme of the Improvement Company frustrated, and the foundation laid for the present administrative system. The Secretary of the Interior, however, seems not to have wished to avail himself of military assistance, and it was several years before this provision of the law was put into operation.

It was in this same year that the killing of birds and animals in the Park, and the taking of fish by any other method than by hook and line, were absolutely prohibited. Previously, hunting had been allowed so far as was necessary to supply the wants of camping parties--a concession that practically operated as an unrestricted license.

The failure of Congress to enact needed legislation at length became so nearly chronic that relief was sought in another direction. Nearly all the territory of the Park, and all its great attractions, were within the limits of Wyoming. Might it not therefore be within the province of territorial legislation to furnish the necessary legal protection? The subject was agitated, and in the winter of 1884, an act was passed, designed "to protect and preserve the timber, game, fish, and natural curiosities of the Park," and for other purposes. The act was very stringent in its provisions, and clearly indicated the deep-seated nature of the disease which it has designed to cure. But it totally failed of its purpose. The attempt at territorial control of what was really a national institution was in itself a grave blunder. Then, the officials chosen to execute the law seem to have been poorly qualified for the purpose, and to have displayed lamentable want of tact and moderation. Some of their arrests were so tyrannical and inexcusable, as to create universal protest. The spectacle of the assistant superintendents--federal officials--sharing, as informers, the fines levied by a territorial court, was not designed to create respect for the new authority. At length the unpopularity of the law became so extreme, that it was repealed March 10, 1886.

Although so unwise a measure could not stand, the first effect of its repeal was to advertise the fact that the Park was practically without legal protection. Matters became even worse than before. The common verdict, as gathered from official reports and other sources, is that the body of police, styled assistant superintendents, were notoriously inefficient if not positively corrupt. They were, for the most part, creatures of political favoritism, and were totally unused to the service required of them. Commissioned as guardians of the rarest natural wonders on the globe, they not infrequently made merchandise of the treasures which they were appointed to preserve. Under their surveillance, vandalism was practically unchecked, and the slaughter of game was carried on for private profit almost in sight of the superintendent's quarters. Already some of the rarer species of animals had suffered a depletion in numbers from which they have never recovered; and the prediction of Prof. Comstock, in 1874, seemed on the point of realization, that "the zoological record of to-day" was about to "pass into the domain of the paleontologist."

The difficulties that beset the administration of the Park seem to have been too great for Superintendent Conger to grapple with successfully, and he resigned, July 28, 1884. It may at least be said in his favor, that, weak as his management had been, no charge of corruption or dishonesty was ever brought against him.

In his place was appointed, August 4, 1884, Robert E. Carpenter, of Iowa. Mr. Carpenter's views of the requirements of his office were clear and positive; and he promptly set about to carry them into execution. In his opinion, the Park was created to be an instrument of profit to those who were shrewd enough to grasp the opportunity. Its protection and improvement were matters of secondary consideration. Instead of remaining at his post during the winter season, he went to Washington, and there, in concert with a member of the Improvement Company, very nearly succeeded in carrying a measure through Congress by which important tracts upon the Reservation were to be thrown open to private occupancy. So confident of success were these conspirators that they even located claims upon the tracts in question, and their names appeared on claim notices posted to designate the localities. Fortunately the measure failed of passage, but the scandal of Superintendent Carpenter's conduct led to his prompt removal from office.

On the day of his removal, May 29, 1885, Colonel David W. Wear, of Missouri, was appointed to the vacancy. Colonel Wear appears to have been admirably fitted for the place. He at once set out to reform the administration of the Park, and his intelligent and vigorous measures gave the highest encouragement to those who had been familiar with the previous condition of affairs. But, as has often happened before, and will often happen again, he was made to suffer for the sins of his predecessors. The bad repute into which the government of the Park had fallen was not easily removed, and Congress finally declined to appropriate money for a protection which did not protect. The Secretary of the Interior was thus compelled to call upon the Secretary of War for assistance. The régime of civilian superintendents passed away, and that of the military superintendents began. The change was bitterly opposed by the Secretary of the Interior and by all who held or hoped to hold places under the old order; but the sequel quickly proved the wisdom of this action of Congress. The old order necessarily felt the evil of our patronage system of office-holding; but no single act ever went so far to eliminate this fruitful source of misfortune as the assignment of the administrative control of the Park to the officers and soldiers of the army.

August 20, 1886, marks the turning point in the administrative history of the Reservation. It was upon that day that Captain Moses Harris, First U. S. Cavalry, relieved the civilian Superintendent of his duties, and soldiers supplanted the so-called assistant Superintendents as a Park police. Henceforth an entirely new order was to obtain. It was to be seen how much could be accomplished, even in the absence of laws, toward a vigorous and healthful administration. Trespassers upon the Reservation were promptly removed. The regulations were revised and extended, printed upon cloth, and posted in all parts of the Park; and their violation was visited with summary punishment to the full extent of the Superintendent's authority. Abuses of leasehold rights were searchingly inquired into and reported to the department. As soon as this show of real authority was made manifest, and it became apparent that here was a man who meant what he said, a great part of the difficulty was over. Nothing in fact conduces so much to the infraction of law as a belief in the incompetency or dishonesty of those delegated to enforce it, and the removal of this cause was a long step in the right direction.

The Park was particularly fortunate in its first military Superintendent. Captain Harris possessed in a marked degree the qualities required for that position. He was vigorous and uncompromising in suppressing lawlessness, just and impartial in his rulings, and untiring in his watchfulness for the public interest. Although his immediate superior, the Secretary of the Interior, had strenuously opposed the installation of the military in the Park, he never failed to pay a high tribute to the efficiency with which the new Superintendent performed his duties. In fact, this high opinion of Captain Harris' services was soon shared by all who were familiar with the situation. Even _Forest and Stream_, whose fidelity to the best interests of the Park has been a distinguishing feature of that journal for the past fifteen years, was fain to admit, although it had regarded the change as impolitic, that under Captain Harris' guardianship "the Park had been cared for as it never had been before."

Captain Harris remained in charge for nearly three years, and was succeeded, June 1, 1889, by Captain F. A. Boutelle, First U. S. Cavalry. That the evil of political interference and private intriguing was not yet wholly eliminated from the affairs of the Park became manifest when Captain Boutelle undertook to enforce the regulations against a prominent employe of the hotel company. For causes not publicly understood, he was unexpectedly relieved from duty January 21, 1891, and Captain George S. Anderson, Sixth U. S. Cavalry, the present Superintendent, was assigned in his place.

Going back now to the Yellowstone Park Improvement Company, the history of that erratic concern will be briefly traced. It is important first to state, however, that the conduct of private business in the Park has, until recent years, been most unsatisfactory. The Park was long unfortunate in the men who sought to carry on business within its borders, and even yet it is not wholly free from the evil of unscrupulous and dishonest schemers. The strife, backbiting, struggle to ruin each other, which seemed to be the chief purpose of those who at first sought government favors on the Reservation, can be understood only by those who have seen them, or have gone to the trouble to examine official correspondence. More than once has the government made these troubles the subject of special investigation, although generally with indifferent results.

The new hotel company had a meteoric career, promising great things, but effecting no permanent improvement except the partial construction of the Mammoth Hot Springs Hotel. Its fortunes early collapsed, and the opening of the tourist season of 1885 found the great building in the possession of unpaid workmen, who held it under a kind of military guard until their wages should be paid.

This company, and other lesser concerns, gradually transferred their rights to a new company, called the Yellowstone Park Association, which is still in operation. It is largely identified with the Northern Pacific Railroad, and although it has a practical monopoly of the tourist business, it has never subjected itself to the charge of using that monopoly to the disadvantage of the public. From the old and unsatisfactory condition of things it has built up a hotel system which, though incomplete, is far ahead of what could be reasonably expected in a region so remote from the great centers of civilization.

It was in the early part of Conger's administration that the government took up in earnest the question of road construction. For some years, the public, thoroughly weary of Norris' roads, had been urging the necessity of sending an engineer officer to take charge of that important matter. This agitation bore fruit in 1883 in the assignment of Lieutenant D. C. Kingman, of the Corps of Engineers, to the charge of this work. His tour of duty ran through three years, and resulted in the greatest improvement to the road system. He prepared the project which has served as a basis of all subsequent work, and he did much toward carrying it into execution. His reports were especially valuable, not only in matters connected with his particular work, but also those pertaining to the general welfare of the Reservation. He was among the first to lift a warning voice against the grave danger of railroad encroachment, and no one since his time has presented this matter in a more convincing light.

The years 1894 and 1895 have brought a radical improvement to the administrative status of the Park. May 4, 1894, the long desired code of laws was enacted. On August 3d of the same year, an act was passed further regulating the question of leases and removing the most serious defects of previous legislation. In the autumn of the same year, the road work was taken from the charge of a non-resident engineer with headquarters in St. Paul, and placed in direct charge of the Superintendent, thus bringing the entire administrative control under a single head.

These two years have also witnessed a decided check to the schemes of those who still persist in believing that the Park was created for their personal aggrandizement. Strong adverse reports have been submitted, practically for the first time, by Congressional Committees against the so-called Segregation project, the admission of railroads into the Park, and the construction of an electric railway therein.

With the exception of the lack of a sufficient force of scouts properly to patrol that region, the condition of affairs on the Reservation is now eminently satisfactory--far more so than at any previous period.