The Yellowstone National Park: Historical and Descriptive

by Hiram Martin Chittenden

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 At length the unpopularity of the law became so extreme, that it was repealed March 10, 1886.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.