Chapter 264. To accept the cession by the State of Montana of exclusive jurisdiction over the lands embraced within the Glacier National Park, and for other purposes
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CHAP. 264.— An Act To accept the cession by the State of Montana of exclusive jurisdiction over the lands embraced within the Glacier National Park, and for other purposes. August 22, 1914.[[S. 654](/us/bill/63/s/654).][[Public, No. 177](/us/pl/63/177)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the provisions of theGlacier National Park, Mont.Sole jurisdiction of United States over, ceded by Montana. act of the Legislature of the State of Montana, approved February seventeenth, nineteen hundred and eleven, ceding to the United States exclusive jurisdiction over the territory embraced within the Glacier National Park, are hereby accepted, and sole and exclusive jurisdiction is hereby assumed by the United States over such territory, saving,State process, etc. however, to the said State the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecution or or on account of rights acquired, obligations incurred, or crimes committed in said State but outside of said park, and saving further to the said State the right to tax persons and corporations, their franchises and property, on the lands included in said park.
All the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Montana. Sec. 2. That said park shall constitute a part of the United StatesJurisdiction of Montana judicial district. judicial district of Montana, and the district court of the United States in and for said district shall have jurisdiction of all offenses committed within said boundaries.
Sec. 3. That if any offense shall be committed in the GlacierPunishment of offenses under Montana laws. National Park, which offense is not prohibited or the punishment is not specifically provided for by any law of the United States, the offender shall be subject to the same punishment as the laws of the State of Montana in force at the time of the commission of the offense may provide for a like offense in said State: and no subsequent repeal of any such law of the State of Montana shall affect any prosecution for said offense committed within said park. 700 Sec. 4.
Hunting, fishing, etc., prohibitions. 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 lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner asRegulations, etc. 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 of all timber, mineral depositsVol. 36, p. 354. other than those legally located prior to the passage of the Act of May eleventh, nineteen hundred and ten (Thirty-sixth Statutes, page three hundred and fifty-four), natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and 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 theEvidence of violations. park.
Possession within 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.Punishment for violations. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other 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, other than those legally located prior to the passage of the Act of May eleventh, nineteen hundred and ten (Thirty-sixth Statutes, page three hundred and fifty-four), natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to the passage of the Act of May eleventh, nineteen hundred and ten (Thirty-sixth Statutes, page three hundred and fifty-four), natural curiosities, or other matter or tiling growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500, or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.
Sec. 5. Forfeiture of guns, traps, horses, etc. 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 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. Sec. 6. Commissioner.Appointment, authority, etc. That the United States district court for the district of Montana shall appoint a commissioner, who shall reside in the park,701 and who shall have jurisdiction to hear and act upon all complaints made of any violations of 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 animals, birds, and fish, and objects of interest therein, and for other purposes authorized by this Act.
Such commissioner shall have power, upon sworn information, toJudicial powers, in violation of rules, etc. 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 a violation of the rules and regulations, or with a violation of any of the provisions of this Act prescribed for the government of said park and for the protection of the animals, birds, and fish in said park, and to try the person so charged, and, if found guilty, to impose punishment and to adjudge the forfeiture prescribed.
In all cases of conviction an appeal shall lie from the judgment ofAppeals. said commissioner to the United States district court for the district of Montana, and the United States district court in said district shall prescribe the rules of procedure and practice for said commissioner in the trial of cases and for appeal to said United States district court. Sec. 7. That any such commissioner shall also have power to issueProcedure in criminal cases. process as hereinbefore provided for the arrest of any person charged with the commission, within said boundaries, of any criminal offense not covered by the provisions of section four of this Act, to hear the evidence introduced, and if he is of opinion that probable cause is shown for holding the person so charged for trial, shall cause such person to be safely conveyed to a secure place of confinement within the jurisdiction of the United States district court for the district of Montana, and certify a transcript of the record of his proceedings and the testimony in the case to said court, which court shall have jurisdiction of the case: *Provided*, That the said commissioner shall grant*Proviso*.Ball. bail in all cases-bailable under the laws of the United States or of said State.
Sec. 8. That all process issued by the commissioner shall be directedService of process. to the marshal of the United States for the district of Montana, but nothing herein contained shall be so construed as to prevent the arrest by any officer or employee of the Government, or any person employed by the United States in the policing of said reservation, within said boundaries, without process, of any person taken in the act of violating the law or this Act, or the regulations prescribed by said Secretary as aforesaid.
Sec. 9. That the commissioner provided for in this Act shall beSalary. paid an annual salary of $1,500, payable quarterly: *Provided*, That*Provisos*.Residence. the said commissioner shall reside within the exterior boundaries of said Glacier National Park, at a place to be designated by the court making such appointment: *And provided further*, That all fees, costs,Disposal of fees, etc. and expenses collected by the commissioner shall be disposed of as provided in sections eleven and twelve of this Act.
Sec. 10. That all fees, costs, and expenses arising in cases underUnited States fees, etc. this Act and properly chargeable to the United States shall be certified, approved, and paid as are like fees, costs, and expenses in the courts of the United States. Sec. 11. That all fines and costs imposed and collected shall beDeposit of Ones and costs. deposited by said commissioner of the United States or the marshal of the United States collecting the same with the clerk of the United States district court for the district of Montana.
Sec. 12. That the Secretary of the Interior shall notify, in writing,Acceptance of cession. the governor of the State of Montana of the passage and approval of this Act. Approved, August 22, 1914.