Chapter Four:
Parks and Forests: Protection Begins (1885-1916)
(continued)
The End of the Kaweah Colony
|
The acts of September 25 and October 1 provided
little specific instruction for administering the two new reservations.
It was left to the secretary of the interior to develop the procedures
and regulations required to execute the acts' rather general goals.
In late October Secretary Noble responded to his new
assignment. On October 21, the same day that Stewart and his friends
learned of the enlargement of Sequoia, the interior Department issued a
list of eight regulations governing the new reservation. The first named
the reserved tract "Sequoia National Park." Additional provisions
prohibited hunting, fishing, and the possession or use of alcohol, while
another section designated that the park would be under the immediate
control of an officer of the government entitled Superintendent of
Sequoia National Park." [18] The rules and
regulations were printed on cloth and forwarded immediately to the local
agents of the General Land Office with the instruction that they be
posted in and near the park. On the same day that the regulations were
issued, Secretary Noble addressed the War Department, enclosing copies
of the acts creating the three new Sierran national parks and requesting
that military authorities in California investigate whether the parks
would require military protection during the coming winter. By December
3, Secretary Noble had his answer from the secretary of war:
From the best information I can obtain, the best
protection these park reservations can have during the winter consists
of the heavy snows which cover them. . . . I therefore recommend that
action be deferred until spring, when small parties of mounted men might
be sent there to warn off, and, if necessary eject, timber cutters and
sheepmen with their herds. . . . [19]
In all his initial actions regarding Sequoia and
General Grant national parks, Secretary Noble followed rather closely
the precedents set in the nation's only previous national
parkYellowstone. Troops had been detailed to Yellowstone in 1886,
after an unsuccessful attempt at civilian law enforcement, and the rules
and regulations for the California parks strongly resembled those issued
for Yellowstone. Even the name "Sequoia National Park" imitated the
earlier "Yellowstone National Park."
The immediate problem faced by the Department of the
Interior in Sequoia National Park was what to do with the Kaweah Colony.
During the summer of 1890, prior to passage of either act, the
colonists' road work had finally reached the edge of the conifer timber.
There they erected a small, portable, steam-powered sawmill at a place
they called Colony Mill. By late summer, while Stewart's campaign to
protect the Garfield/Hockett country reached its climax, the colonists
began cutting the surrounding pine and fir. Several miles of rugged
canyon country still separated them from their goal of the Giant Forest
with its sequoias.
Despite the confidence shown by the colonists'
continued road-building activity and their initiation of logging at
Colony Mill, the question of the colony's title to its five-year-old
Giant Forest land claims remained unsettled. The temporary withdrawals
that had been placed on the lands they had claimed back in 1885 remained
in effect. In June 1890, the GLO had initiated a new investigation of
the colony. Assigned to this task at the request of Congressman Vandever
was temporary special land agent Andrew Cauldwell. (Again, it is not
clear why Vandever was involved in this issue.) Cauldwell's first
report, filed in mid-July, represented the colony favorably and
recommended that they be given an opportunity to take title to Giant
Forest. The following month, again at Vandever's request, Cauldwell
undertook a general survey of the state of the Big Trees under the
control of the Stockton and Visalia federal land offices. His report,
dated September 18, 1890, documented a radical and mysterious change of
heart regarding the colonists. Suddenly, he saw them as illegal
squatters on government land, operating an illegal sawmill. When he
visited Colony Mill in August, Cauldwell warned the colonists that they
were operating outside the law. [20]
Representative Vandever, still driven by an agenda we
may never fully understand, continued his involvement. Twice, once late
in October and again in early November, he wrote the GLO of his concerns
about the actions of the colonists in the new park. [21] In late November, apparently at Vandever's
urging, Cauldwell returned to the scene. In a stormy meeting, colonist
J. J. Martin told Cauldwell that the colony would continue cutting
timber until the government stopped them with force. Cauldwell reported
the confrontation, and on November 30 U.S. Marshal Myron Tarble, backed
by two deputies, arrested four of the colony's directorsJ. J.
Martin, Burnette Haskell, H. T. Taylor, and William Christie. The four
were taken to federal court in Los Angeles on December 1, 1890, where
they entered not guilty pleas and posted bail. Interestingly, Cauldwell
reported all this at some length in a letter to Congressman Vandever,
which survives in the National Archives. In the letter Cauldwell called
the colonists "rascals" and offered to resign, perhaps implying that he
had now completed his work for Vandever. [22]
The fate of the Kaweah Colony rested upon the
shoulders of Interior Secretary Noble, to whom fell the decision as to
whether the colony's claims would be considered public lands and
therefore a part of the new park, or whether they were private lands and
thus subject to the clause in the legislation that specifically
recognized the continued privacy of previously alienated lands within
the new reservation. On April 6 Noble announced his decision: since the
land claims in question had never formally been transferred to the
claimants and since Congress had made no provision for the colonists, it
was the duty of the GLO to reject their claims and manage the lands in
question as a part of Sequoia National Park. [23] Seven weeks later, the GLO itself responded
with a contrary opinion from the assistant attorney general citing a
number of rulings which suggested that land claimants who had followed
all procedures were entitled to their lands and noting the ex post facto
nature of the land sale suspensions that were the heart of the issue.
[24] Nothing came of the internal
disagreement, however, and when the colonists had their day in court in
mid-April, they were found guilty of timber trespass and fined several
hundred dollars each. In Tulare County, where the colonists had been
popular, the court decision was not well received. George Stewart,
speaking for a probable majority of his neighbors, found the whole
spectacle disturbing. If the enlargement of the park had been carried
out properly, none of this would happened, he complained. [25]
|