Senator. The bill, the consideration
of which I have asked, is of much importance, for $10,000 worth of game
has been destroyed in the Yellowstone National park during the last month.
Mr. ALLEN. The Senator
from Wyoming misapprehends me. I have made no objection to the consideration
of the bill. I simply inquired to the Chair whether--if the bill
should consume all the morning hour, as plainly it will, for there are
only ten minutes left--resolutions which have been lying on the table for
several days will retain their positions and pass over until the next legislative
day?
The VICE-PRESIDENT.
The Chair will state to the Senator from Nebraska that the resolutions
referred to have had their day, and have gone to the Calendar. There
is no resolution pending now.
The Secretary resumed and
concluded the reading of the amendment reported by the Committee on Territories,
which was to strike out all after the enacting clause of the bill, and
insert:
That
the Yellowstone national park, in the State of Wyoming, as now defined,
or as may hereafter defined or extended, shall be under the sole and exclusive
jurisdiction of the United States; and that all the laws applicable to
places under the sole and exclusive jurisdiction of the United States shall
be in lawful force and effect in said park: Provided, however, That
nothing in this act shall be construed as to forbid the service in the
park of any civil or criminal process of any court having jurisdiction
in the State of Wyoming. All fugitives from justice taking refuge
in said park shall be subjected to the same laws as refugees from justice
found in the State of Wyoming.
SEC.
2. That said park, for all the purposes of this act, shall constitute
a part of the United States judicial district of Wyoming, and the district
and circuit courts of the United States in and for said district shall
have jurisdiction of all offenses committed within said park.
SEC.
3. That if any offense shall be committed in said Yellowstone National
Park, which offense is not prohibited or the punishment is not specially
provided for by any law of the United States or by any regulation of the
Secretary of the Interior, the offender shall be liable to receive the
same punishment as the laws of the State of Wyoming in force at the time
of the commission of the offense may provide for a like offense in the
said State: and no subsequent repeal of any such law of the State of Wyoming
shall affect any prosecution for said offense committed within said park.
SEC.
4. That all hunting, or the killing, wounding, or capturing at any
time of any bird or wild animal, except dangerous animals, when it is necessary
to prevent them from 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 drags 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. That
the Secretary of the Interior shall make and publish 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 all timber, mineral deposits, natural
curiosities, or wonderful objects within said park: and for the protection
of the animals and birds in the park, to prevent their 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. Possession within the said park of the dead
bodies, or any part thereof, or 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. Any person or persons, or state or express company
or railway company, receiving for transportation any of the said animals,
birds, or fish killed, taken, or caught shall be deemed guilty of a misdemeanor,
and shall forfeit or pay for every such offense the sum of $100.
Any person found guilty of violating 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 and birds and fish in the said park, for which
no punishment is specifically provided by the laws of the United States
or of said State, such person shall be deemed guilty of an offense, and
shall be subjected to a fine of not more than $1,000 and imprisonment not
exceeding two years, either or both, together with the costs of the proceedings.
That
all guns, traps, teams, horses or means of transportation of every nature
or description used by any person or persons within said park limits engaged
in or guilty of 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 charge of said park and held pending the prosecution
of any person or persons arrested under the 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
said forfeiture shall be adjudicated and ordered by the court as a penalty
in addition to the 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.
SEC.
5. That the United States circuit court in said district shall appoint
a commissioner, who shall reside in the park, who shall have jurisdiction
to hear and act upon all complaints made, of any and all violations of
the law, or of the rules and regulations made by the Secretary of the Interior
for the government of the park, and for the protection of the game and
objects of interests therein, and for other purposes authorized by this
act. Such commissioner shall have power, upon sworn information,
to issue process in the name of the United States for the arrest of any
person charged with the commission of any misdemeanor, or charged with
the violation of the rules and regulations, or with the violation of any
provision of this act prescribed for the government of said park, and for
the protection of the animals, birds, and fish in the said park, and to
try the person so charged, and, if found guilty, to fix the punishment
prescribed. In all cases of conviction an appeal shall lie from the
judgment of said commissioner to the United States district court for the
district of Wyoming, said appeal to be governed by the laws of the State
of Wyoming providing for appeals in cases of misdemeanor from justices
of the peace to the district court of said State; but the United States
circuit court in said district may prescribe rules of procedure and practice
for said commissioner in the trial of cases and for their appeal to said
United States district court. Said commissioner shall also have power
to issue process as hereinberfore provided for the arrest of any person
charged with the commission of any felony within the park, and to summarily
hear the evidence introduced, and, if he shall determine that proper cause
is shown for holding the person so charged for trial, shall cause such
person to be safely conveyed to a secure place for confinement, within
the jurisdiction of the United States district court in said State, and
shall certify the record of his proceedings and a transcript of the testimony
in the case to the said court, which court shall have jurisdiction of the
case: Provided, That the said commissioner shall grant bail in all
offenses bailable under the laws of the United States and said State.
All process issued by the commissioner shall be directed to the marshal
of the United States for the district of Wyoming; but nothing herein contained
shall be construed as preventing the arrest by any officer of the Government
or employé of the United States in the park, without process, of
any person taken in the act of violating the law or any regulation of the
Secretary of the Interior: Provided, That the said commissioner
shall only exercise such authority and powers as are conferred by this
act.
SEC.
6. That the marshal of the United States for the State of Wyoming,
with the approval of the judge of the district court of the United States
for the said State, may appoint a deputy marshal 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 the State of Wyoming, at such date as the said courts may order.
SEC.
7. That the commissioner provided for in this act, and the marshal
of the United States and his deputies, and the attorney of the United States
and his assistants in said State, shall be paid the same compensation and
fees as are now provided by law for like services in said State.
SEC.
8. That all costs and expenses arising in cases under this 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.
9. That the Secretary of the Interior shall cause to be erected in
the park a suitable building to be used as a jail, and also an office for
the use of the commissioner, the cost of such building not to exceed $5,000,
to be paid out of any moneys in the Treasury not otherwise appropriated,
upon the certificate of the Secretary as a voucher therefor.
SEC.
10. That this act shall not be construed to repeal existing laws
conferring upon the Secretary of the Interior and the Secretary of War
certain powers with reference to the protection, improvement, and control
of the said Yellowstone National Park.
The
VICE-PRESIDENT. Is there objection to the present consideration of
the bill?
There being no objection,
the Senate, as in Committee of the Whole, proceeded to consider the bill.
The VICE-PRESIDENT.
The question is on the amendment reported by the Committee on Territories,
which has been read.
Mr. VEST. I am very
anxious to secure the passage of this or a similar measure; but there are
some amendments which I think ought to be made to the bill. It is
hardly possible to make them now.
The VICE-PRESIDENT.
The pending question is on the amendment reported by the Committee on Territories.
Mr. VEST. I have
no objection to that amendment, but I want to amend it.
The VICE-PRESIDENT.
The Chair recognizes the Senator from Missouri.
Mr. VEST. In line
4, of section 1, of the amendment of the committee, between the words "as"
and "now," I move to insert "its boundaries:" after the word "now," to
insert the word "are;" and before the word "may," to insert "they;" so
as to read:
That
the Yellowstone National Park, in the State of Wyoming, as its boundaries
are now defined or as they may be hereafter defined or extended, etc.
Mr.
CAREY. I have no objection to the amendment.
The amendment to the amendment
was agreed to.
Mr. VEST. In line
8 of the same section, after the word "shall," I move to strike out the
words "be in lawful," and insert the word "have;" so as to read:
That
nothing in this act shall be construed to forbid the service in the park
of any civil or criminal process, etc.
The
amendment to the amendment was agreed to.
Mr. VEST. In section
4, line 17, after the word "park," I move to strike out the words "to prevent
their," and insert the word "from;" so as to read:
And
for the protection of the animals and birds in the park from capture or
destruction.
The
amendment to the amendment was agreed to.
Mr. VEST. In the
same section, line 22, after the word "thereof," I move to strike out the
word "or;" so as to read:
Possession
within the said park of the dead bodies or any part thereof of any wild
bird or animal.
The
amendment to the amendment was agreed to.
Mr. VEST. In the
same section, line 36, after the word "animals," I move to strike out the
word "and;" so as to read:
For
the protection of the animals, birds, and fish in the said park, etc.
The
amendment to the amendment was agreed to.
Mr. VEST. In the
same section, line 38, after the word "State," I move to strike out "such
person," and insert "of Wyoming;" so as to read:
For
which no punishment is specifically provided by the laws of the United
States or of said State of Wyoming, shall be deemed guilty, etc.
The
amendment to the amendment was agreed to.
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