Transcription:
2/ pursuit of their peaceful industries and pleasures. 3. The Act of Congress setting aside the Yosemite Park as a forest
reservation placed the control of that territory in the hands of the Secretary of the Interior exclusively. If Congress had
intended or wished the reservation to be a military establishment, the control of the Park would undoubtedly have been entrusted
to the War Department. 4. The presence of soldiers in the Yellowstone Park cannot be admitted as a precedent. In that place
we understand that an army force is primarily maintained in the strict line of military business, and is used merely incidentally
as park police. In the Yosemite region there is nothing whatever of military concern that can serve as a pretext for the invasion
of a peaceful part of California by a military power, whose presence would be, at the least, a constant threat against the
personal safety of all travellers and residents. 5. The probability of the uselessness of soldiers as protectors of Park property
is indicated in the latest annual report of the Secretary of the Interior. In that report attention is drawn to the fact that
during the 06357