Chapter Four:
Parks and Forests: Protection Begins (1885-1916)
(continued)
The Forest Reserve and the New Forest Service
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The advent of the twentieth century, with its new
land-use pressures, was felt not only in Sequoia and General Grant
national parks, but also in the surrounding Sierra Forest Reserve.
Creation of the forest reserves had left most of the southern Sierra
open to nearly any use that did not involve either outright large-scale
logging or sale of the land to private parties. The GLO did not ignore
the reserve altogether, however, and it assigned to the giant area
several forest rangers supervised by the GLO office in Fresno. But the
sheer scale of the terrain involved, together with the GLO's very
limited human resources, determined that attention could go to only a
few selected issues.
An example of one of those issues was the GLO's
attempt to prevent the patenting of the Empire Mill site in Mineral King
Valley. Under the mining laws, which remained in effect on the forest
reserves, individuals could claim land where they found mineral deposits
and they could also claim other nearby tracts of public land for use as
mill sites, where the ores from their mine could be processed. In 1904
the Empire Mine was more than two decades dead, and Arthur Crowley, who
had helped to build the mining road into the area in 1879, was using
some of the lands in question for a small resort. No ores were being
processed but a store, hotel, barn, meat shop, post office, and cabins
were all in use. Forest Reserve Supervisor Harrison White contested
Crowley's application for a permit for continued occupancy, and the
controversy eventually went to court. Ultimately, Crowley received not
only a use permit but also a patent, which gave him fee simple title to
the land. Protecting government lands in the forest reserve was not an
easy proposition. [72]
Actually by the time Arthur Crowley received title to
his land in Mineral King Valley a major change had been made in
management of the forest reserve. On February 1, 1905, following the
suggestion of President Theodore Roosevelt, responsibility for managing
all the nation's forest reserves had been transferred from the
Department of the Interior to the Department of Agriculture; there they
were placed under the control of what had previously been called the
Bureau of Forestry, but would henceforth be known as the United States
Forest Service. The effort to transfer the forest reserves from interior
to Agriculture originated with Gifford Pinchot, the first American to be
trained in Europe as a "forester," and the head of Agriculture's
forestry effort. Starting about 1902, Pinchot, a close friend and
advisor of President Roosevelt, began a campaign to transfer the growing
system of forest reserves to his bureau. Pinchot sought support for this
move primarily by advertising that his agency would be able to carry on
a more vigorous and energetic management program than had been effected
by Interior's Division of Forestry.
Not that Interior had not been trying, too. In
California the biggest continuing problem in the forest reserves was
unregulated grazing. In 1900 Interior had issued a first set of "Rules
and Regulations Governing the Forest Reserves," which had prohibited the
pasturage of sheep on reserves in California and a number of other
states. The regulation proved impossible to enforce however, and in June
1903 the superintendent of the Sierra Forest Reserve estimated no less
than 34,000 sheep on the reserve. The Sierra Club blamed this inability
to enforce the law at least in part on Interior's "venal forest
rangers," who were all too often tied to local user groups. In this
situation it might be better, the club thought, to transfer
responsibility to a new organization. [73]
The law passed on February 1, 1905, not only
transferred the reserves to the Department of Agriculture, but also set
up a funding system for their management by allowing the Forest Service
to retain fees collected from either resource sales or land use. On the
same day that President Roosevelt signed the bill, the secretary of
agriculture signed a carefully drafted policy memo to "Chief Forester"
Gifford Pinchot, outlining the directions the Forest Service should
pursue. Actually drafted by Pinchot, this policy charted a clear course
based on turn-of-the-century Progressive thought. One sentence
summarized it admirably: "All the resources of the forests are for
use, under such restrictions only as will insure . . .
permanence. . . ." [74]
Creation of the U.S. Forest Service, with its clear
guiding philosophy, unencumbered funding, and progressive leadership,
did bring new energy to the forest reserves of California, including the
Sierra Forest Reserve. During the next few years the agency fought a
number of critical battles, and if it lost a few, like its effort to
prevent Arthur Crowley from patenting his mill site lands in Mineral
King Valley, it won most of the big ones. In California the biggest
battle was over sheep grazing in the Sierra. Years later William
Greeley, in 1906 supervisor of the southern half of the Sierra Forest
Reserve, remembered how the battle was finally won:
"No Trespass" signs in English and Spanish were put
up every half mile. In the spring secret lookouts were posted at points
commanding the wooly line of march. They were enthusiastic volunteers
for this duty from young cow punchers. Soon dust clouds carried the news
that sheep were moving up Walker Pass, and headquarters had daily
reports on the location of the lead flock. This district ranger
ostentatiously left his station with his pack string, for a long trip
over the high country.
We waited for days while the sheep grazed along but
never across the boundary. Then suddenly they moved in. We held back
until the flocks had made a day's drive and a nights bedding within the
. . . forest. Then the deputy supervisor rode up with three or four
deputized marshals and a Basque interpreter. There were nine thousand
sheep in trespass under care of a dozen herders and camp tenders.
Through the bedlam of South European expostulations, the deputy made the
boss herder pick three men to take care of the sheep. He arrested the
others and marshaled them before the United States Commissioner at
Bakersfield.
Suspicions of long standing were confirmed when top
flight attorneys from San Francisco magically appeared as counsel for
the sheepherders. They represented some of the largest land companies in
the state. They challenged the power of the Secretary of Agriculture and
all his minions to control grazing on public lands of the United States.
However, the commissioner bound the Basques over to the Federal court
and unwonted peace descended upon the south Sierra ranges. Many months
later the Supreme Court received the case of United States vs. Grimaud,
Cazaous, and Inda and settled for all time the authority of the
Secretary to regulate grazing on national forests. [75]
During the last years of the century's first decade,
the remaining shadows of the old Interior forestry organization were
swept away. An act approved March 4, 1907, renamed the forest reserves
"national forests," and on July 2, 1908, President Roosevelt, through
Executive Orders 902 and 904, designated those portions of the Sierra
National Forest south of the divide between the Middle and South forks
of the Kings River as "Sequoia National Forest." By 1910, Sequoia
National Forest was in control of its lands and resources. Tightly
organized and adequately funded, the forest brought grazing under permit
and even succeeded in regulating existing resort villages in places like
Mineral King. By 1910, if one wanted to do something on the national
forest, one had to ask permission get a permit, and pay a fee.
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