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AN OPEN LETTER To THE Pr
Former Director of Mint, Now Engaged at Sheepraising in Big Horn Basin, Calls Attention of Executive to Local Evils Resulting from Creation of Forest Reserves---If Sheep Grazing Privileges are not Allowed an Important Industry will be Anni hilated---Protest of Well-Known Geologist and Mining Engineer. Dr. James P. Kimball, formerly di- do rector of the United States mint, who su retains summer offices in Red Lodge, wi Mont., has written an open letter to ac President Roosevelt with reference wl to the recent creation of the new for- it est reserves in Montana and Wyo- ex ming, and to the rules and special or- an ders promulgated for their govern- in ment by the department of the inter tic ior. ux Dr. Kimball is a geologist and min- aj ing engineer of national repute. With pT his sons he has large ranch and sheep m interests adjacent to the recently cre- ai ated Yellowstone Forest Reserve in a( Big Horn county, Wyo. He has had m wide experience in forestry reserva- el tion matters, professional and other- to wise, is the only person who has made w an instrumental reconnaissance and rc map of the high mountain region in ic the Absarokee forest reserve in Mon- c' tana, and is personally familiar with a the geographical and topographical s conditions of the several -eserves. t; In 1898 he executed for a syndicate, it including the late Henry Villard, the d Rocky Fork Coal company and others, p a map of the high mountain regions n of Carbon and Sweetgrass counties, f and this map, engraved in proof and unform and continuous with sheets of the geologic atlas of the United 1 States, is now in the office of the United States geological survey in 1 Washington, D. C. Dr. Kimball claims that, included in the reserves, are large, unwoodea areas of doubtful benefit for forestry purposes or game protection, but of vital importance to the local stock raising industries. He contends that, unless the reserves are cut down, or general rules made allowing sheep to graze within specified limits of the reserves, the woolgrowing industry will be locally annihilated and an im portant contributing factor to the prosperity of Montana and Wyoming taken away. The open letter which Dr. Kimball addresses to the president treats sci entifically of the conditions against which he directs his criticisms. Un der date of Dec. 26 it is furnished The Red Lodge Picket for publica tion. The letter was mailed from Red Lodge to President Roosevelt today and he will be furnished with the full text thereof as follows: Red Lodge, Mont., Dec. ?6, 1902. re: To His Excellency, the President of frc the United States: th Mr. President-On the present lo- wi cal conditions incidental to the recent no discretionary action of the President, be under 30 Stat., 34-36, in proclaiming nc withdrawal from the rest of the pub- px lic domain of an area amounting to in some 2000 square miles, constituting tl the western upland of the Big Horn cc Basin of Wyoming known as the c Yellowstone Forest Reserve; and of re an area of some 2200 square miles in el southern Montana as also a new reser- ri vation designated as the Absaroka n Forest Reserve, I have the honor of ft addressing to your Excellency an open re letter with particular reference to the l1 inclusion in both new reserves, V which are continuous, of large unwood- t ed areas of doubtful benefit, if any, for forestry purposes or game protec- a tion, but of vital importance to the v stock-growing industries, in pursuit of t which the arid belt on the Yellow- 1 stone waters has been settled and de- c veloped to its present notable and im- t portant prosperity. This prosperity, t locally due, as elsewhere throughout the arid belts on both slopes of the Rocky mountains, to the privilege of grazing stock on the public domain, is now threatened with all but com plete subversion over extensive areas by the recent action of the Secretary of the Interior in prohibiting grazing of sheep within the Yellowstone For est Reserve, whence the probability that a similar prohibition will be an nounced for the new Absaroka Re serve, after supervisory service shall have been organized. As to the recent enormous addition to the Teton Forest Reserve in Wyo ming I have at present no comment to offer. To the Executive whose discretion al prerogative it is to create forest re serves, as also to restore them in whole or part to the unreserved pub lic domain, I beg to address this com munication rather than to the Depart ment of the Interior, because it has been my personal experience that communications, relating to forest re serves in matters within discretion of the President, and addressed to the department for advisory action of the Secretary of the Interior afid further reference, have received departmental action without further recourse, as no doubt warranted by the statute where tt such action is negative. It is also at the oi will of the Secretary that advisory tE action be deputed to bureau officers tl whose wont, as perhaps whose duty n it is, to advocate, assert and defend a' ex parte all acts of forest reservation, si and especially to promote all restrict- e ing and prohibiting ,ules and regula- li tions as. prescribed ti the department, p under authority , of the Secretary, i against all other interests, public or p private. That opinions and recom mendations are apt to be conceived t and prepared in a technical, and even I academic, spirit conformably to the t more scientific purposes of forest res- I ervation, regardless of industrial in- e terests, is not improbably in accord I with the zeal expected from all bu- t reau officers. Of such spirit-no crit icism is here intended-however diffi cult in general it be for extraneous and sometimes conflicting interests to stand up outside the pale of authori- 1 ty against it. Nor is it meant to here imply criticsm of the practice of the department, which appears not incom patible with the statute, but simply to note the omission of the statute to fortify by actual provisions its declar I ation, which must be considered its f saving or qualifying clause in the pub i lic motive for its enactment, and a without which it could scr.rcely have 1 been enacted. I also beg to make the present com d munication an open one, for the satis a faction of a considerable number of y worthy citizens of Montana and Wyo ft ming whose avocation, like my own, I- is threatened with sudden subversion t, -not so directly from the inclusion, r as in both reserves, of arid bottoms P and unwooded plateaus, as from pro e hibitions on the part of the Secretary y of the Interior, tending to destroy the 1- leading stock-growing industry local e to the region, by depriving herded g flocks from recourse to upland forage and the higher waters in periods of II drought like the protracted droughts i- of the last two summers-recourse ab st solutely necessary at times as a pre V ventive of starvation of stock and of d disastrous loss. It were unreasonable, as generally f considered, to expect exclusion from ra forest reserves of interior tracts, like de those here referred to as valueless hi for forestry purposes, but to which p, stock-growers have been compelled to in resort in seasons of dire extremity to from drought But it remains within at the discretion of the President to tc withdraw from both reserves exter nal tracts of the same kind, as will cl be indicated below, which subserve S no intelligent or locally useful pur- 4 pose, unless for their control as graz- 7 ing limits, and whose inclusion within o the borders of the new reserves ex tl 1 cept for the purpose of such control, n e can have been to no further end than f reservation aggrandizement. Refer- i1 a ence is here made to unsurveyed ter- s ritory so elevated and bleak that no I a necessity arises to safeguard it even p if for public use against entry. Local a n requirements, however, have obvious- r e ly been left out of consideration at r ;, Washington in either recent reserva I- tion measure. 7, Whatever remains to be done to C- mitigate the disastrous effects of sub- I Le version of the established industry of I )f the region, they cannot now be whol V- ly averted. The individual resources e- of many citizens which go to make n- up the general welfare of communi y, ties throughout the Big Horn and ut Yellowstone basins must necessarily ie suffer-to the impairment of the re of sources of the whole region. n, Agriculture, as an end rather than n- a means throughout the arid belt, of as fers but an incomplete and precari ry ous substitute for stock and wool ag growing-its absorbing as well as pri >r- mary and natural industry. To this ty region, abundantly supplied with Ln- water for irrigation from perpetual Le- snow fields and glaciers, the avowed all purposes of forest reservation are of minor importance, however different on may be the physical relations of other po- parts of the country whose improv nt able and taxable areas have been re duced by forest reserves. Compared n- with grazing prohibition applied to re- untimbered areas, local benefits to be in derived from them in this region, ex ib- cept protection from fires, would be im. hard to instance. Lrt- Upon the organization of a service Las for the Yellowstone Forest Reserve, iat it was publicly announced by the re- Special Superintendent that applica of tions would be received for permits for :he the grazing of a limited number of :he cattle, horses and sheep within spe ier cific limits of the reserve, as provided tal by the Rules and Regulations and by no special circulars of the Department of the Interior. Until tardy announcement a on the part of the Deputy Superin- c tendent, as late as December 10, that the Department has prohibited the ad- I mission of sheep within the reserve c after Jan. 1, 1903, it was generally as- I su.med that such applications would be f entertained in good faith, and grazing I limits eventually be designated as I provided in printed blank applications issued by the Department to that pur pose. Without grounds for such assump tion on the part of citizens of the Big Horn Basin, an appeal to the Execu tive for protection of the prevail ing, long established and leading in dustry of the Basin, would doubtless have been promtply made as soon as the proposition for creating the new Yellowstone Forest Reserve had come to the knowledge of the public. When the proposition was before the Department of the Interior, no in timation was given to me, when in conference on the subject with its division officers, that any departure was contemplated from the published Sprovisions of the Department for con trolling and limiting, but not prohib iting, the grazing of sheep as well as other stock within forest reserves. In deed, assurances were given me that 1 resident cattle and wool-growers had no cause for apprehension, but much to gain from assignment of definite grazing limits. It is probable that the call for appli- t-a cations, while tending to allay appr'- effe hension, was followed by applications woc in such number, not only from resi- mal dent land holders, but also from non- tior residents, and persons at long dis- of t tances from selected limits. That rap several applications were for the tiol same limits is also probable-some- soil what to the embarrassment of the de- the partment. Even so-preference was ani reasonably expected, if in no approxi- Fr( mate ratio of distance from home cat ranches, at least in favor of the near- ' est dwellers and taxpayers, as provid- if ed by the rules and especially by circu- wil lars of the Department. As anything me like grazing limits for nomadic flocks lit seemed hopeless under the rules, most no of these have been deported to distant ranges at no great sacrifice. Resi- in( dents, on the other hand, who have de hitherto been dependent on upland or, pasture and water for summer graz- we ing, and who had the best of reason er: to expect the granting of applications, fu are now left with stock to carry over en to the next annual marketings. Had th seasonable notice been given of I change of purpose on the part of the di Secretary of the Interior, reduction of ti, flocks and herds, which has been th forced on all stock-growers through- ge out the Big Horn Basin and parts of ci the Yellowstone Basin in both states, at might have gone on still farther. w n Nothing indeed could have better p( indicated the importance of the relief d4 r- sought than an excess of applications. ol o Instead of meeting the difficulty by 8s n preferential awards as by department- tl 1I al rules and circulars, it is inconti- c, s nently met by prohibition of all but a iI Lt moderate number of cattle and horses b a- -the latter scarcely beigg in ques- c tion. Thus it appears that one branch ti to of the stock industry has been sacri- e b- ficed to another, in which some of the I] of local supervisory officers are practi- a )l- cally interested, much to the triumph y as of one class of stock-growers over an- t te other class, and yirtually deciding a t ii- conflict of local interests so far as it f id exists-not impartially. t ly Range stock of any kind, for obvious e- reasons, is in no condition in winter t for transportation to market or de- 1 an portation to other ranges. of- The upper waters of the Big Horn I ri- on the east slope of the Absaroka )ol division of the Rocky mountains form ri- numerous bottoms at high elevations uis void of timber, as readily shown by th photograph, but affording forage of al indifferent quality. Of these basins ed that of the Sunlight is the largest of and it is typical of all the others. mnt Sheets of the Geologic Atlas of the ler United States well exhibit the topog ov- aphy of this mountain region. re- The Absaroka Forest Reserve of -ed Carbon County embraces the high to mountains and snow and glacier be fields of the Snowy Range culminat ex- ing in Granite Peak-known by me in be a special publication as The Granites. Except the foothills of this division of ice the Rocky mountain area, this partic ve, ular part is above the timber line, and the void of vegetation. The only instru ica- mental topographical map of this re for gion is one made by myself in the of year 1898 uniform with sheets of the ipe- Geologic Atlas--and engraved in ied proof as a private contribution by the by U. S. Geological Survey. In the course t of of my survey no signs of game or of animal life were observed, nor indee:l be of other than aboriginal occupation. to The reserve embraces likewise the to Beartooth Plateau as known by me in in distinction from the rest of the range til north of Clark's Fork of the Yellow stone. Particular objection arises to m the exclusion of this plateau from ri grazing facilities. In spite of its ele- d( vation (11,000 feet) it has been during m the lais'V few seasons the main and tli last resource of growers of stock in pi Carbon County, Montana. As it is ai practically void of timber except on re its precipitous north and east slopes, b, it is generally still hoped and expect- A ed that this resource be left open- o at least under permissive rules of the p department, for the benefit of stock- c growers in Carbon County, where the s public range has become greatly re- p duced in area. The same remark ap- e plies to marginal areas on the waters p of the East and West hosebud, the p 1 Fishtail and Stillwater, in Carbon and Sweetgrass counties. The physical p character of the rest of the Absaroka 1 1 Forest Reserve of Park county is well I exhibited by publications of the U. S. I -Geological Survey. It contains nu-. I s merous grassy openings which have t '- long been the last resort of stock in i t seasons of. drought. I Recurring to the Big Horn Basin of 4 h Wyoming, which abounds in so-called e bad lands, and on the whole is far more arid than the areas above indi i- cated, I beg for consideration of the effect of curtailment primarily of the is wool growing industry through sum .i- mary subversion of existing condi n- tions-especially from overcrowding s. of the surviving range, to its total and at rapid degeneration, including extirpa le tion of grasses, and exposure of the .e- soil to the exceptionally high winds of .e- the basin-whence shifting of sands, as and failure of springs and streams. Ki- From such a blight as it progresses, ae cattle will suffer more than sheep. ir- The designation of grazing limits, id- if later allowed at all, is of course :u- within the discretion of the depart ng ment, whether applications for such ks limits overlap, or whether confined or )st not to timberless areas. nt In conclusion, I beg to advert tothe si- incertitude as to the legal force of yve departmental rules, regulations and ud orders controlling forest reserves, for as want of definite statutes, both empow ion ering and governing, much to the con ns, fusion of the public, as well as to the ter embarrassment of the Department of lad the Interior. It can be shown, as here brieny in dicated, and by others more authorita tively and effectively than by myself, vi that the Rules and Regulations to- Cl gether with supplementary orders and m circulars issued by the department in administration of forest reserves, are without force of law, although not g popularly so understood, and that in default of empowering statutes back e. of administrative discretion, their ob servance is practically by consent of v the governed. This is practically con- e ceded by the Department in Inserting a in all printed application forms issued u by the Department a clause exacting P compliance with all rules and regula tions as a condition of permits grant ed. As these are often conflicting and in not a few requirements unreason able, and in some even illegal, (as a when for instance what is granted to the individual is denied to a corpora tion) compliance is sometimes far from certainty, even on the part of the most scrupulous. The point above mentioned is sus tained by several positive decisions of United States courts in different states in cases involving criminal pun ishment for violation of orders of L the Secretary of the Interior-affect i ing use of timber, and again, the graz aing of sheep. r The only judicial decision cited by f departmental officers in support of B the power of the Secretary of the In t terior to punish offenders against ad m. ministrative orders, or rules and reg e ulations governing forest reserves; or, in general terms, to declare to be a crime a violation of orders of an ad j ministrative officer of the general gov h ernment, is most remotely deduced r from a case turning strictly on the t- conferred or delegated specific pow n er of the Secretary of the Treasury to 3. enforce collection of internal revenue. )f (Chief Justice Fuller In re Hollock, D. 165 U. S., 526). "No similar power d has yet been conferred on the Sec _. retary of the Interior for administra . tion of forest reserves. Nor has crim 1e inal prosecution for grazing stock in 1e forest reserves without special per in mit yet been sustained by a United 1e States court. ie Again as, I believe, no warrant not tf found in the general land laws has been found by a United States court to inflict punishment for violation of forest reserve rules and regulations in respect to reasonable local use of timber. To citizens persisting in the enjoy ment of rights long exercised, as de rived from the general land laws but denied within forest reserves by ad ministrative rules, or else granted at the cost of much circumlocution, sus pense and delay, no little trouble and annoyance in localities remote from recourse to United States courts may be caused by United States District Attorneys, who, acting perhaps on the opinion of the Solicitor General as ap proved by the Attorney General, that criminal prosecution "would (sic) be sustained" against violation of de partmental orders are not unable to employ official process to that pur pose, with or without power or sup port of law. For this reason, if for no other less marl personal motive, everybody having re- AE lations with forest reserves is anx ious, as I believe, for further specific legislation supplementary to the stat- the ute cited; for it is a general belief on will the Pacific coast, as in the Rocky fore mountain region, that its declaratory clause, without which, as I have above grat expressed the belief, it could scarcely unfs have been enacted, is rendered nuga- of t: tory by departmental practice. This I am able to affirm by personal expel- of a lence in both regions of the country indo where agricultural and mining inter- pori ests which are given precedence by flor this declaration, have been subordi- seel nated by administrative officers to othe forestry purposes, and so con tinue to be in spite of appeals through the Department of the Interior for remedial measures at the hands of the President as provided den by the statute, but from whose hands such appeals are effectually diverted when returned with negative action on the part of the Secretary by depu a ty in 'the manner above indicated. So far as known to myself, resident Loi t citizens in both states have been dis- cor r posed to yield compliance with gener- of al administrative orders limiting graz- De ing of stock within assigned limits as the ,f provided by the rules and circulars thi d of the department; the more so from pu , expectation of relief from some of the fa . abuses of the public ranges on the on . part of non-residents and unscrupu- an lous, persons, and from the further af ssumption that the same privileges granted for one reserve would not be" withheld and denied for another. That all will remain so disposed in view of unexpected special and dis criminative prohibitions, is more than gI id may be affirmed. It can scarcely be conceived that re the entire subversion of the wool ot growing industry of the Big Horn Ba In sin of Montana and Wyoming, by the k enormous encroachment upon,its gra b- ing resources through the new reser of vations, be regarded with complacency, on- except by the preferred few pursuing a collateral industry and benefited, ed not only by immunity from grazing prohibitions, but by the prohibitions la- now ordered against an equally im nt- portant industry. These prohibitions d have yet to come home to the partic ular industry affected, though fully 'as appreciated by representatives of the to preferred industry whose activity in ra- promotion of the present situation tar sufficiently accounts for their superior of alertness. Whether intentional or not, the whole force of authority at Wash us- ington has been given to the local of domination of the cattle interest over ent the wool growing interest. un As prohibittions have not yet been of announced for the Absaroka Reserve act- an appeal for their prevention or de -az- ferment to the Executive by whose ac tion the reserve has been created, will by not, I trust, seem untimely or unrea of sonable; as well as for modification In- of administrative orders for the Yel ad- lowstone reserve which will not . te come other than nominally operative or, before the advanced season of 1903, e a Withdrawals of grazing territory in ad- side the immediate boundaries of re ,ov. serves are at the discretion of the ced President. Such withdrawals it is the no part of my present purpose to ad row- iocate, but simply restricted use by y to the public of all grazing territory not rue. subserving practical forestry purposes ck, of importance. *wer In present circumstances the least Sec- relief that can be expected is post itra- ponement of the prohibition ordered rim- till the beginning of the year 1904, by k in which time wool-growers may find per- measures to safeguard transition from Ited their present course of business. which business, in the majority of in not stances, if not in all, has been built has up by exertions the most strenuous, and by the use of comparatively large capital-often at high rateR' of in terest. It is equally desirable that prohibi tions, and all but reasonable restric tions, if applied to the Absaroka For est Reserve, the same as tao the ad joining Yellowstone Reserve likewise be deferred to a date beyond the near future. Whatever relief may yet be afford ed by the authorities at Washington by suspension of the prohibitory or ders of the Department of the Inteilor to enable flock masters on the west side of the Big Horn Basin in Wyo ming, and, in case of the same orders applying to the Absaroka Forest Re serve, likewise in the Yellowstone basin of Montana, to wind up their business, the term of suspension should at least extend over the pro ducing season of 1903, as well as the season for weaning of lambs and for marketing both sheep and lambs. As the Big Horn Forest Reserve still remains open for limited sheep grazing, the wool-growing industry of the east side of the Big Horn Basin will yet have a term of probation be fore it. But without continued access to watered uplands, where growth of grasses is annually renewed under unfailing precipitation, the industry of the west side will necessarily have come to an end before the snowfall of another winter-at least as a local industry of anything like its past im portance. In the mean time prudent flock-masters will be compelled to seek other ranges, or else resort to other occupations. Whatever be indi vidual alternatives-time is wanted s for the change. e I have the honor to be, Mr. Presi d dent, most respectfully, Your obedient servant, JAMES P. KIMBALL. Poor Farm Proposals. Office of the County Clerk, Red Lodge, Mont., Dec. 18, 1902. In ac cordance with an order of the board of county commissioners, made on Dec. 6, 1902, notice is hereby given that sealed bids will be received at this office until Jan. 7, 1903, for the purchase of the county poor farm, or for its cash rental for the period of one year. The right to reject any and all bids is hereby reserved. Dated Dec. 18, 1902. JESSE L. SMITH, County Clerk. First pub. Dec. 19, 1902-t3. i t,~· Don't forget the old man 'ith the fish on his back. For nearly thirty years he .:s been traveling around the ,'orld, and is still traveling, bringing health and comfort wherever he goes. To the consumptive he brings the strength and flesh he so much needs. To all weak and sickly children he gives rich and strengthening food. To thin and pale persons he gives new firm flesh and rich red blood. Children who first saw the old man with the fish are now grown up and have children of their own. He stands for Scott's Emul sion of pure cod liver oil-a delightful food and a natural tonic for children, for old folks and for all who need flesh and strength. SCOTT d& BOWN. Ohemists. 1,09-415 Pearl Street. New York. 60c. and $1.00 all drugiists.