Wyoming Territory slowly protects big game animals. Decline in population leads to regulations
Most who know about the history of the American Frontier are familiar with the demise of the buffalo. Herds numbering millions were wiped out within a relatively short time. A similar fate befell deer, elk and especially antelope in Wyoming. Early efforts to stem the slaughter by the legislature were largely ineffective.
Initial rudimentary measures
Even before Wyoming became a territory and was subject to Dakota Territory laws, a minor step was taken to protect at least some game animals. In 1866 the Dakota legislature passed a law limiting hunting on private land to the owner. This had little impact in future Wyoming Territory because so little land was privately owned when we became a territory in 1868.
Dakota legislature’s attempt at control was likely a response to large-scale commercial hunting. Newspaper accounts in early 1868 noted Mr. S. Petty was ready to ship 3000 deer, elk and antelope “heads” from Platte Crossing on the Overland Trail where it crossed the North Platte River south of Rawlins to eastern markets. He employed thirteen hunters who on average killed twenty-eight animals each per day. J. J. Hunt operating out of Fort Steele reported he had killed 900 elk and antelope in the winter of 1868-69.
The first Wyoming Territory Legislative Assembly did pass a law on December 1, 1869, that provided limited additional protection. It became illegal for any person to offer for sale any elk, deer, antelope or “mountain sheep” between February and August. It also imposed a fine of fifty dollars for any violation.
No enforcement mechanism
The problem was that there was no specific enforcement mechanism. And it did little to stop wonton killing, mainly for hides and meat by commercial hunters. Laramie Sentinel editor James Hayford complained in early January 1870, that “loads upon loads of deer, elk and antelope” were being brought into town and much meat was wasted in a saturated market.
The Sentinel noted in November 1874 that Englishmen were in town and fitting out a hunting expedition around Laramie “to put in a month or two slaughtering game.” Similarly, Wyoming residents also engaged in pleasure hunting, killing large numbers of buffalo and antelope in a single outing. The Cheyenne paper reported on a hunting party in October 1875 that “killed a carload of game,” and that two men in the party killed 40-50 antelope.
In response to these types of events, the 1875 legislature amended the game laws of the territory. It closed hunting for deer, elk, “mountain sheep” and antelope from January 15 to August 15. The law also prohibited the wasting of any part of the animals taken during the open season and that game could be killed for “food purposes only.” However, as in 1869 no formal enforcement mechanism was provided.
That lack of enforcement was evident the next year when the Sentinel reported that a party of hunters were south of town slaughtering antelope for their hides. Prominent Laramie men were also prone to killing large numbers of game animals. The Cheyenne Sun noted on September 12, 1877, Otto Gramm returned to Laramie after having, “committed immense slaughter among elk and deer.” In 1878, Gramm was at it again along with Edward Ivinson, Louis Miller and William Root who returned to town from a hunt where they killed “loads of game.”
Citizens take a stand
The effect on game herds, especially by the hide and meat hunters, eventually prompted citizens to take a stand against the depredation. The sentiment was voiced clearly by the Laramie Sentinel on November 18, 1881.
Noting that there was a growing sentiment that something needed to be done, the paper called on the legislature to take up the issue. Likely written by editor Hayford the article said, “If our laws for the protection of game are not sufficient for the purpose, right now is the time to call the attention of our legislators to its defects and have them remedied.” It also demanded the laws be enforced and violators punished.
Early the next year the Cheyenne Leader newspaper penned a similar column. It took specific aim at men who had come up from Texas and were killing game only for their hides. These “hide grubbers” as the paper called them, could be stopped, the paper claimed, by prohibiting any untanned hides of deer and elk being sold or purchased.
The Carbon County Journal followed suit, placing most of the blame on the “skin hunters” but also drew attention to the number of Englishmen who were killing large numbers of game, apparently for sport. Additionally, it stated game wardens should be hired to enforce the game laws. All three papers noted Wyoming sportsmen were not to blame as they tended to kill only bucks and bulls, allowing the herd to replenish naturally.
Those efforts bore only limited fruit in the next session of the legislature. On March 9, 1882, the legislature passed an act that made a major revision to the hunting season, limiting it from August 1 to November 15. Additionally, the purchase of untanned hides was prohibited. Yet no limits were set on the number of animals that could be killed for personal consumption and no steps were taken to create an enforcement mechanism.
An abortive effort was made by Wyoming hunters to band together to stop the slaughter. On March 1, 1883, the Laramie Boomerang reported a group of men had formed the Laramie Game Protective Association of Wyoming Territory.
A similar association was formed in Cheyenne that published a letter sent from the governor of Montana to its president, area rancher Harry Oelrichs, calling for the protection of game in Yellowstone. Unfortunately, neither association appears to have taken concrete steps beyond initial organization.
Uncontrolled killing continues
And the killing continued unabated. In November of that same year, the Laramie Boomerang noted three market hunters killed “three ton” of elk in the northern Laramie Range and two others killed an additional “5,000 pounds” in the Medicine Bow Mountains. The total did not include the deer and antelope they killed. Meanwhile newspapers in both Laramie and Cheyenne continued to carry grocery store ads offering game for sale.
The situation continued to worsen and in October 1885, the Laramie Boomerang issued another call for better game protection laws. Noting that a “legitimate hunt” is a good thing, and after criticizing hide hunters the article concluded, “It will be but a short time until the bear, the deer and the antelope will disappear, as has the buffalo, unless some steps are taken to prevent a wholesale slaughter, which is now the rule.”
First limits on game harvest; game detectives authorized
When the legislature convened in January 1886 three important steps were taken. First, no non-resident of the territory could hunt any big game at any time. Second, hunters were finally given a limit on the number of animals that could be killed. Although still high at two per day, at least it was a start. Finally, a formal mechanism for enforcement was instituted. County stock detectives, who were authorized beginning in 1873, were also designated “game detectives” and empowered to enforce game laws.
Source: Wyoming Territory Statutes
Caption: Provisions in the 1886 Wyoming Territory laws
But having a law on the books does not necessarily convert to action. A search of contemporaneous newspapers lists Albany County stock detective at the time as George Lambert although it is unclear how or even if he exercised his new authority. No reports of violations or arrests are to be found.
In fact, newspaper accounts from far western Albany County in January 1887 noted that large numbers of game animals were still being killed and sent to markets in Laramie. Similarly, the new lawful open season for hunting of September 1 to January 1 was ignored when it was reported that two Laramie men killed six antelope in July with no repercussions.
Blatant violations were apparently common. In June 1888, the Saratoga Lyre newspaper stated “Elk, deer and antelope can be killed within twenty miles of Saratoga in any quantities desired.” Antelope were especially vulnerable. The Laramie Boomerang ran an article in October 1888 stating that a group of hunters killed 100 antelope. Worse, the paper also reported the men only kept the saddle meat (that portion of the animal like what a saddle covers on a horse) and left the rest to rot.
Further limits on the number of large game animals that could be taken were enacted by the 1890 legislature. A limit of three per week replaced the two per day number. Buffalo hunting was suspended for ten years. Additionally, the legislature removed the authority of stock detectives to enforce game laws and instead empowered any county constable to do so. This theoretically increased the likelihood of game violations being punished.
At the time there was one stock detective in Albany County and 20 elected constables. However, as earlier, there seems to be little or no evidence of enforcement.
State game warden created; licenses required for no-resident hunters
Especially important changes came about in 1895. The state fish commissioner was also designated to be the state game warden and given the authority to arrest without warrant anyone violating state game laws. The legislature also allowed for the appointment of deputy game wardens.
The prohibition for hunting buffalo was extended until 1905. Non-residents were again allowed to hunt in the state, but they first had to buy a hunting license from the Justice of the Peace in the county where they would hunt. The hunting season was shortened to only September through November and the law only allowed the killing of male animals.
The first reported arrest for a violation of game laws occurred in October 1897 when Deputy Game Warden Joseph Nelson arrested a Chicago man for killing an elk in Uinta County without a license. In 1899 the first state game warden, Albert Nelson, was appointed separately from the fish commissioner.
According to the Wyoming Game Wardens Association, his salary was set at $1,200 per year from which he had to pay $3/day to deputy state game wardens. Despite the new rules and their enforcement, the situation continued to deteriorate into the early 1900’s.
State finally takes firm control
The state legislature finally got serious about the decreasing herds. In 1903 all persons hunting in the state were required to purchase a hunting license. Additionally, the legislature passed additional restrictive laws in 1909. The hunting of antelope was prohibited for six years and elk and moose for three. The latter was restricted to hunting in
only the northern part of the state. When the seasons opened, they were further restricted to September 25 to November 30. The situation for antelope was especially dire. A 1908 estimate of the number in the state was only 4000, with 2000 of those in Yellowstone National Park.
The restrictions achieved the intended results. Herds began to increase slowly but steadily. Antelope were a marked success story. Their numbers increased from 7000 head in 1924 to 100,005 in 1957—to approximately 400,000 today.
Great strides have been made in Wyoming since those early days. Big game in Wyoming is now skillfully managed by the Wyoming Game and Fish Commission with the laws enforced by about 90 dedicated game wardens. Environmental impacts such as wasting disease and drought still impact game herds in Wyoming and herd sizes are managed accordingly. And this controlled hunting is economically important to Wyoming. Spending by both residents and non-residents contributes about $3,000,000 to the state’s economy and creates over 3,000 jobs.
By Kim Viner
Source: Wikipedia, public domain
Caption: Scientific name Antilocapra americana. The animals are called antelope in the article because that is the way they were referred to in the statutes referenced. As they are not true antelope they are more correctly referred to as pronghorn and are the only surviving species from others that once existed in North American but are now extinct. True antelope are mostly found on the African continent.