Слике страница
PDF
ePub

Sec. 7, ibid.

2432. That the commissioner provided for in this act Fees, etc shall, in addition to the fees allowed by law to commissioners of the circuit courts of the United States, be paid an annual salary of one thousand dollars,' payable quarterly, and the marshal of the United States and his deputies, and the attorney of the United States and his assistants in said. district, shall be paid the same compensation and fees as are now provided by law for like services in said district. Sec. 7. ibid.

Deputy mar

shals.

Sec. 6, ibid.

2433. The marshal of the United States for the district of Wyoming may appoint one or more deputy marshals for said park, who shall reside in said park, and the said United States district and circuit courts shall hold one session of said courts annually at the town of Sheridan, in Terms of court. the State of Wyoming, and may also hold other sessions

at any other place in said State of Wyoming or in said national park at such dates as the said courts may order. Sec. 6, ibid.

Sec. 8, ibid.

2434. The Secretary of the Interior shall cause to be Jail. erected in the park a suitable building to be used as a jail, and also having in said building an office for the use of the commissioner, the cost of such building not to exceed five thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated upon the certificate of the Secretary as a voucher therefor. Sec. 9, ibid. 2435. All costs and expenses arising in cases under this costs, etc, act, and properly chargeable to the United States, shall be certified, approved, and paid as like costs and expenses in the courts of the United States are certified, approved, and paid under the laws of the United States. Sec. 8, ibid. 2436. This act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and Existing laws. the Secretary of War certain powers with reference to the protection, improvement, and control of the said Yellowstone National Park. Sec. 10, ibid.

Par.

PROTECTION OF BIRDS AND ANIMALS.

Par.

2440. Forfeiture of guns, traps, etc.
2441. Regulations.

2437. Prohibition of hunting and fishing.
2438. Evidence of violation.
2439. Unlawful transportation of game.

Prohibition of

2437. All hunting, or the killing, wounding, or captur-hunting, fishing, ing at any time of any bird or wild animal, except dan- etc. May 7, 1894, s. gerous animals, when it is necessary to prevent them from 4, v. 28, p. 73.

'The act of February 19, 1896 (29 Stat. L., 578), and subsequent acts of appropriation contain the requirement that section 21, of the act of May 28, 1896 (29 Stat. L., 184), shall not be construed "as impairing the right of said commissioner to receive said salary as herein provided."

[blocks in formation]

destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. Sec. 4, act of May 7, 1894 (28 Stat. L., 73).

2438. Possession within the said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this act. Ibid.

2439. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding three hundred dollars. Any person found guilty of violating any of the provisions of this act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities or wonderful objects within said park, or for the protection of the animals, birds, and fish in the said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than one thousand dollars or imprisonment not exceeding two years, or both, and be adjudged to pay all costs of the proceedings. Ibid.

2440. All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this act, and upon conviction under this act of such person or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. Ibid.

2441. The Secretary of the Interior shall make and pub

lish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park, and for the protection of the animals. and birds in the park from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Ibid.

LEASES.

Regulations.

Ibid.

of

grounds; condi

Aug. 3, 1894, v.

curiosities excluded:

2442. The Secretary of the Interior is hereby authorized Lease and empowered to lease to any person, corporation, or tions. company, for a period not exceeding ten years, at such 28, p. 222. annual rental as the Secretary of the Interior may determine, parcels of land in the Yellowstone National Park, of not more than ten acres in extent for each tract and not in excess of twenty acres in all to any one person, corporation, or company on which may be erected hotels and necessary outbuildings: Provided, That such lease or leases shall not Natural include any of the geysers or other objects of curiosity or interest in said park, or exclude the public from free and convenient approach thereto or include any ground within one-eighth of a mile of any of the geysers or the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the park. Act of August 3, 1894 (28 Stat. L., 222). 2443. Such leases shall not convey, either expressively, The same subor by implication, any exclusive privilege within the park Aug. 3, 1894, v. except upon the premises held thereunder and for the time

jeet.

28, p. 222.

'Section 2474, Revised Statutes, had contained the following requirement: "The Secretary may, in his discretion, grant leases for building purposes, for terms not exceeding ten years, of small parcels of ground, at such places in the park as may require the erection of buildings for the accommodation of visitors; all of the proceeds of such leases, and all other revenues that may be derived from any source connected with the park, to be expended under his direction in the management of the same, and the construction of roads and bridle paths therein." The act of March 3, 1883 (26 Stat. L., 620), had contained the following: "The Secretary of the Interior may lease small portions of ground in the park, not exceeding ten acres in extent for each tract, on which may be erected hotels and the necessary outbuildings, and for a period not exceeding ten years; but such lease shall not include any of the geysers or other objects of curiosity or interest in said park, or exclude the public from the free and convenient approach thereto; or include any ground within one quarter of a mile of any of the geysers or the Yellowstone Falls, nor shall there be leased more than ten acres to any one person or corporation; nor shall any hotel or other buildings be erected within the park, until such lease shall be executed by the Secretary of the Interior, and all contracts, agreements, or exclusive privileges heretofore made or given in regard to said park, or any part thereof, are hereby declared to be invalid; nor shall the Secretary of the Interior, in any lease which he may make and execute, grant any exclusive privileges within said park, except upon the ground leased.”

Employees. Mar. 3, 1883, v. 22. p. 626; July 7,

therein granted. Every lease hereafter made for any property in said park shall require the lessee to observe and obey each and every provision in any act of Congress, and every rule, order, or regulation made, or which may hereafter be made, and published by the Secretary of the Interior concerning the use, care, management, or government of the park, or any object or property therein, under penalty of forfeiture of such lease, and every such lease shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior: And provided further, That persons or corporations now holding leases of ground in the park may, upon the surrender thereof, be granted new leases hereunder, and upon the terms and stipulations contained in their present leases, with such modifications, restrictions, and reservations as the Secretary of the Interior may prescribe.

This act, however, is not to be construed as mandatory upon the Secretary of the Interior, but the authority herein given is to be exercised in his sound discretion. Ibid.

EMPLOYEES.

2444. For every purpose and object necessary for the 184, 23, p. 49 protection, preservation, and improvement of the Yellowstone National Park, including conpensation of superintendent and employees, forty thousand dollars, two thousand dollars of said amount to be paid annually to a superintendent of said park, and not exceeding nine hundred dollars annually to each of ten assistants, all of whom shall be appointed by the Secretary of the Interior, and reside continuously in the park, and whose duty it shall be to protect the game, timber, and objects of interest therein; the balance of the sum appropriated to be expended in the construction and improvement of suitable roads and bridges within said park, under the supervision and direction of an engineer officer detailed by the Secretary of War for that purpose.' Act of March 3, 1883 (22 Stat. L., 626).

Detail of troops, etc., for protec

DETAILS OF TROOPS.

2445. The Secretary of War, upon the request of the tion of park. Secretary of the Interior, is hereby authorized and directed to make the necessary details of troops to prevent tres

Mar. 3. 1883, v. 22, p. 626.

'The acts of August 7, 1882 (22 Stat. L., 329), and March 3, 1883 (ibid., 626), made provision for the appointment of a superintendent of the park at a salary of $2,000 per annum, and for the employment of ten assistants at $900 each. These employees were to reside continually in the park, and it was made their duty to protect the game, timber, and objects of interest in the park. This provision was repeated in the acts of July 7, 1884 (23 Stat. L., 211), and March 3, 1885 (ibid., 499).

passers or intruders from entering the park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove. such persons from the park if found therein. Act of March 3, 1883 (22 Stat. L., 626).

IMPROVEMENTS.

to be under Chief June 6, 1900, v.

2446. Road extensions and improvements shall hereafter, Improvements be made in said park under and in harmony with a general of Engineers plan of roads and improvements to be approved by the 31, p. 625. Chief of Engineers of the Army. Act of June 6, 1900 (31 Stat. L., 6:25).

EMPLOYMENT OF TROOPS,

2447. The Secretary of War, upon the request of the Secretary of the Interior, is hereafter authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park, the Yosemite National Park, and the General Grant National Park, respectively, in California, for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law or regulation for the government of said reservations, and to remove such persons from said parks if found therein. Act of June 6, 1900 (31 Stat. L., 618).

Employment
June 6, 1900, v.

of troops.

31, p. 618.

'Successive acts of appropriation since that of August 4, 1886 (24 Stat. L., 210), have made provision for the construction of roads, bridges, and other works of improvement; all of them have contained the requirement that the work so authorized shall be carried on under the direction of the Secretary of War.

« ПретходнаНастави »