The bill died on the House floor, the result of lobbying efforts by timber and other speculative interests. Tongue introduced an identical bill (H.R. 2976) on December 8, 1899, and it was again reported favorably by the Committee on Public Lands on March 6, 1900, this time without recommending the removal of the ban on mining. The bill, however, met a fate similar to its predecessor on the House floor. [3]
Action on the Crater Lake National Park bill focused on the Senate where Oregon’s two senators introduced bills virtually identical to those submitted by Tongue.The bills, however, encountered opposition from various political interest groups and died in the Committee on Public Lands.
B. LEGISLATIVE HISTORY OF PARK ESTABLISHING ACT: 1901-1902
Finally, on December 10, 1901 , Representative Tongue introduced a bill (H.R. 4393) that would ultimately be enacted into law, thus establishing Crater Lake National Park. [4] As introduced the bill read:
Be it enacted, etc., That the tract of land bounded north by the parallel 43° 4′ north latitude, south by 42° 48′ north latitude, east by the meridian 1220 west longitude, and west by the meridian 122° 16′ west longitude, having an area of 240 square miles, in the State of Oregon, and including Crater Lake, is hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart forever as a public or pleasure ground for the benefit of the people of the United States, to be known as Crater Lake National Park.
SEC. 2. That the reservation established by this act shall be under the control and custody of the Secretary of the Interior, whose duty it shall be to establish rules and regulations and cause adequate measures to be taken for the preservation of the natural objects within said park, and also for the protection of the timber from wanton depredation, the preservation of all kinds of game and fish, the punishment of trespasses, the removal of unlawful occupants and intruders, and the prevention and extinguishment of forest fires.
SEC. 3. That it shall be unlawful for any person to establish any settlement or residence within said reserve, or to engage in any mining, lumbering, or other enterprise or business occupation therein, or to enter therein for any speculative purpose whatever, and any person violating the provisions of this act, or the rules and regulations established thereunder, shall be punished by a fine of not less than $50 and not more than $500, or by imprisonment for not more than one year, and shall further be liable for all destruction of timber or other property of the United States in consequence of any such unlawful act: Provided, That said reservation shall be open, under such regulations as the Secretary of the Interior may prescribe, to all scientists, excursionists, and pleasure seekers: And provided further, That restaurant and hotel keepers, upon application to the Secretary of the Interior, may be permitted by him to establish places of entertainment within the Crater Lake National Park for the accommodation of visitors, at places and under regulations fixed by the Secretary of the Interior, and not otherwise.
SEC. 4. That the marshal of the United States for the district of Oregon may appoint one or more deputy marshals for said park, who may reside in said park. That said park, for all the purposes of this act, shall constitute a part of the United States judicial district of Oregon, 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. 5. 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. 6. That the Secretary of War, upon the request of the Secretary of the Interior, is hereby authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the park for the purpose of destroying the game or other natural objects therein, or for any other purpose prohibited by law and to remove such persons from the park, if found therein. [5]
