WEBVTT - Grizzlies on Trial

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<v Speaker 1>You were listening to History on Trial, a production of

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<v Speaker 1>iHeart Podcasts. Listener Discretion advised. Vicky Schlicht and Harry Walker

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<v Speaker 1>were almost back to her dorm when he leaned close

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<v Speaker 1>and asked if he could kiss her. She was pleasantly surprised.

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<v Speaker 1>Boys didn't always ask first, but Harry was thoughtful like that.

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<v Speaker 1>Vicky couldn't believe she'd only known him for two and

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<v Speaker 1>a half days. Their connection felt much deeper than that.

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<v Speaker 1>Maybe it was everything they had in common. Both of

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<v Speaker 1>them were farm kids, away from home for the first time.

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<v Speaker 1>Maybe it was the hours they'd spent talking, sharing stories

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<v Speaker 1>of their families and their likes and dislikes. Maybe it

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<v Speaker 1>was the magical setting midsummer in Yellowstone National the geothermal

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<v Speaker 1>pools gently steaming beside them, the deep, black, star spangled

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<v Speaker 1>night sky stretching above them. Whatever it was, this connection,

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<v Speaker 1>this moment felt special. So Vicky said yes, Harry could

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<v Speaker 1>kiss her. He leaned down and they kissed, holding each

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<v Speaker 1>other tight in the shadow of the tall pines. After

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<v Speaker 1>a minute, Vicky reluctantly pulled back. She had to work

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<v Speaker 1>the next day and needed to get some sleep. Harry

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<v Speaker 1>took her home, then gently kissed her good night. After

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<v Speaker 1>leaving Vicky, Harry walked back to the Old Faithful Inn,

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<v Speaker 1>where his friend Philip Bradbury was waiting at the bar.

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<v Speaker 1>Philip was easy to spot, six feet tall and skinny

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<v Speaker 1>with a shock of red hair. Harry and Philip headed

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<v Speaker 1>out of the inn into the darkness sometime after midnight.

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<v Speaker 1>It was June twenty fifth, nineteen seventy two, a week

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<v Speaker 1>or so earlier when the pair had decided to go

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<v Speaker 1>to Yellowstone. They'd made a plan to hike out into

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<v Speaker 1>the back country and camp there, far from the tourist crowds.

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<v Speaker 1>But then, on June twenty second, while picking up groceries

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<v Speaker 1>in Livingstone, Montana, Harry had met Vicky. She'd given him

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<v Speaker 1>a ride to the park and they'd hit it off.

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<v Speaker 1>Vicky had a summer job at the Old Faithful Inn

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<v Speaker 1>and Harry wanted to stay near her, so Harry and

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<v Speaker 1>Philip had ducked under the barrier ropes by the geothermal

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<v Speaker 1>pools and headed up a forested ridge near Guyser Hill.

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<v Speaker 1>Camping like this near a developed area but not in

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<v Speaker 1>an official campsite wasn't allowed, but lots of people did it.

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<v Speaker 1>Philip and Harry had found a nice flat spot hidden

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<v Speaker 1>amongst the pines and slept there for two nights without incident.

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<v Speaker 1>But tonight there was a problem. They couldn't remember exactly

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<v Speaker 1>where their campsite was. They had had a few drinks

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<v Speaker 1>at the inn with Vicki, and the darkness was impenetrable.

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<v Speaker 1>Harry shone his flashlight at the trees, hoping to spot

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<v Speaker 1>something familiar. They weren't worried. They had nowhere to be,

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<v Speaker 1>nothing to do all the time in the world. Philip

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<v Speaker 1>and Harry walked side by side, singing camp songs and laughing,

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<v Speaker 1>and then suddenly a shadow in the pines, something moving.

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<v Speaker 1>Harry pointed his flashlight at it, but before his brain

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<v Speaker 1>could process what he was seeing, it was on him,

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<v Speaker 1>its teeth and claws and great stinking mass enveloping him

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<v Speaker 1>a grizzly bear. Philip either fell or was struck by

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<v Speaker 1>the bear and began rolling down the ridge. He heard

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<v Speaker 1>Harry scream for help. Philip managed to get to his

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<v Speaker 1>feet and run. When he felt safe, he stopped and

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<v Speaker 1>turned and called Harry, is there a bear up there?

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<v Speaker 1>Harry didn't answer. It took park rangers four and a

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<v Speaker 1>half hours to find Harry's body. He was lying on

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<v Speaker 1>his back one hundred and sixty five feet away from

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<v Speaker 1>his campsite. His face was peaceful, like he was sleeping,

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<v Speaker 1>but his body was a gory mess. The bear had

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<v Speaker 1>eaten his internal organs. An autopsy would later reveal that

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<v Speaker 1>the bear had crushed his throat, likely only moments after

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<v Speaker 1>he screamed. Harry's death was tragic, but it was the

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<v Speaker 1>kind of horrible accident that happens in the wilderness, sometimes

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<v Speaker 1>an unavoidable consequence of the collision between humans and nature.

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<v Speaker 1>That's what Harry's family thought, at least at first. But

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<v Speaker 1>a month after his funeral, they got a strange phone call.

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<v Speaker 1>On the other end of the line. A woman told

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<v Speaker 1>them that Harry's death could have been avoided. According to her,

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<v Speaker 1>Harry's death was quote part of a larger pattern of

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<v Speaker 1>government misconduct and a big cover up. As the walkers

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<v Speaker 1>would soon learn, Harry's death was only the latest in

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<v Speaker 1>a long line of troubling interactions between humans and bears

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<v Speaker 1>at Yellowstone. Over the past five years, the park management

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<v Speaker 1>had radically and controversially changed its bear management policies. Biologists

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<v Speaker 1>and wildlife managers and environmental advocates were locked in a

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<v Speaker 1>heated debate over the policy changes. Critics of the new policy,

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<v Speaker 1>including the woman who who called the Walkers, believed that

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<v Speaker 1>it was dangerous for humans and bears alike, and they

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<v Speaker 1>thought that Harry's death proved their case. What was more,

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<v Speaker 1>they thought that Harry's death could change things. If the

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<v Speaker 1>Walkers were willing to soothe the National Park Service, maybe

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<v Speaker 1>they could bring attention to the bear issue and get

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<v Speaker 1>Yellowstone to switch directions. The Walkers were hesitant. They were

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<v Speaker 1>dairy farmers from Alabama. Could they take on the federal government?

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<v Speaker 1>After thinking it over, they thought maybe they could, as

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<v Speaker 1>long as it meant getting justice for Harry. It would

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<v Speaker 1>take three years for their case to go to court,

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<v Speaker 1>but when it finally did in nineteen seventy five, it

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<v Speaker 1>would draw some of the nation's top wildlife biologists to

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<v Speaker 1>a courtroom in California and help change the conversation of

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<v Speaker 1>about bears forever. Welcome to History on Trial. I'm your host,

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<v Speaker 1>Mira Hayward. This week Martin v. United States. At its inception,

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<v Speaker 1>Yellowstone National Park was given two missions. The bill creating Yellowstone,

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<v Speaker 1>signed by President Grant on March first, eighteen seventy two

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<v Speaker 1>tasked the park with being both quote a public park

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<v Speaker 1>or pleasuring ground, and also with quote the preservation from

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<v Speaker 1>injury or spoliation of all natural curiosities or wonders within

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<v Speaker 1>said park and their retention in their natural condition. Quickly,

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<v Speaker 1>it became clear that these two goals might contradict each other.

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<v Speaker 1>The needs of tourists and the needs of nature are

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<v Speaker 1>not always the same. Tourism needs infrastructure, roads, bridges, hotels, campgrounds,

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<v Speaker 1>and bathrooms, all of which require modification of the natural environment.

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<v Speaker 1>There's also the question of what exactly natural means. Is

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<v Speaker 1>the natural condition of Yellowstone the condition that government surveyors

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<v Speaker 1>founded in in eighteen seventy two, or is it the

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<v Speaker 1>condition of the primeval land hundreds or thousands of years before.

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<v Speaker 1>By the eighteen seventies, many species native to Yellowstone, including bison,

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<v Speaker 1>had been nearly eradicated by white settlers. Thus the question

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<v Speaker 1>of restoration versus preservation arose. Should species be reintroduced to

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<v Speaker 1>Yellowstone and should invasive methods be taken to preserve the environment,

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<v Speaker 1>measures like spraying pesticides, administering controlled burns, or culling the

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<v Speaker 1>elkurds that rapidly multiplied after the park's creation. Generations of

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<v Speaker 1>wildlife managers, government officials, and environmental advocates have struggled to

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<v Speaker 1>find the right answer to these questions. There is perhaps

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<v Speaker 1>no issue that exemplifies the debates over people's needs versus

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<v Speaker 1>nature's needs and intervention verse preservation in Yellowstone than the

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<v Speaker 1>issue of bear management. Yellowstone is home to black bears

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<v Speaker 1>and grizzly bears, both of which are omnivorous eaters. In

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<v Speaker 1>the eighteen eighties and eighteen nineties, as the first Yellowstone

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<v Speaker 1>hotels were erected, Yellowstone bears found a delicious new food source,

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<v Speaker 1>human trash. Piles of food scraps discarded by hotel kitchens

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<v Speaker 1>drew swarms of bears. The bears, in turn attracted more

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<v Speaker 1>tourists who loved to watch the giant predators delicately gnaw

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<v Speaker 1>on chicken bones. Being a commercial opportunity, hotels created feeding

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<v Speaker 1>shows makeshift amphitheaters in which tourists could sit on bleachers

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<v Speaker 1>and watch bears eat trash on raised stages. Bears also

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<v Speaker 1>found other ways of getting human food, such as by

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<v Speaker 1>begging tourists who would feed the bears out of their

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<v Speaker 1>car windows. Despite the charming appearance of a begging bear.

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<v Speaker 1>These were still wild animals. Once skittish around humans, Yellowstones

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<v Speaker 1>bears had by the nineteen thirties lost most of their fear.

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<v Speaker 1>Black bears in particular, grew comfortable and even bold around people,

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<v Speaker 1>and in their eagerness for human food, injuries were bound

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<v Speaker 1>to happen. The bears didn't mean to hurt people, they

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<v Speaker 1>were usually just startled or impatient. Between nineteen thirty one

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<v Speaker 1>and nineteen thirty nine, five hundred and twenty seven people

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<v Speaker 1>were injured by bears. Besides the injuries, there were growing

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<v Speaker 1>concerns amongst National Park Service biologists that getting bears hooked

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<v Speaker 1>on human food would be bad for the animals. The

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<v Speaker 1>Service in general had been slowly adopting a more non

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<v Speaker 1>interventionist policy towards wildlife management. In nineteen thirty nine, Park

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<v Speaker 1>Service Director Arno Camera released a policy memorandum declaring that

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<v Speaker 1>quote every species shall be left to carry on its

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<v Speaker 1>existence unaided. Two years later, in accordance with this directive,

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<v Speaker 1>all bear feeding shows at Yellowstone were shut down. But

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<v Speaker 1>by this point the Yellowstone bears were conditioned to expect

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<v Speaker 1>human food when they did not get it at the

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<v Speaker 1>feeding shows, they began prowling campgrounds and scrounging around trash dumps.

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<v Speaker 1>In response, park rangers began killing bears who kept returning

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<v Speaker 1>to human areas, but this couldn't keep every bear away.

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<v Speaker 1>In nineteen forty two, a grizzly bear killed forty five

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<v Speaker 1>year old nurse Martha Henson near the Old Faithful campground.

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<v Speaker 1>Next year, the Park Service hired a biologist to study

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<v Speaker 1>the bear problem. The biologists recommended that the parks shut

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<v Speaker 1>down hand feeding by visitors, but officials were reluctant to

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<v Speaker 1>enforce a hand feeding ban because bear feeding was one

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<v Speaker 1>of the park's largest draws. There was another component to

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<v Speaker 1>the bear problem. The parks had a responsibility not just

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<v Speaker 1>to protect their visitors, but also to protect bears. But

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<v Speaker 1>the park didn't know exactly how many bears it had,

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<v Speaker 1>or where they lived, or what their behaviors were. This

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<v Speaker 1>was especially true of the park's grizzly population, who kept

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<v Speaker 1>to the shadows more than black bears did. By the

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<v Speaker 1>late nineteen fifties, Yellowstone's chief naturalist, David Kahn, decided that

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<v Speaker 1>a comprehensive survey was needed. He hired John and Frank Craighead,

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<v Speaker 1>pioneering wildlife biologists to study yellowstones grizzlies and make recommendations

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<v Speaker 1>for conserving them. John and Frank Craighead were identical twins

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<v Speaker 1>born in nineteen sixteen. They'd grown up outdoors, cultivating a

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<v Speaker 1>love for wildlife and a willingness to get their hands dirty,

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<v Speaker 1>scaling cliffs and reaching into eagles nests while studying birds

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<v Speaker 1>of prey. By age twenty five, they'd been published in

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<v Speaker 1>National Geographic, and their celebrity only rose from there. With

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<v Speaker 1>their handsome, weathered faces, the Craigheads made excellent poster boys

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<v Speaker 1>for the burgeoning field of wildlife management in the nineteen fifties.

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<v Speaker 1>After a stint developing wilderness survival training programs for the

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<v Speaker 1>military and completing their PhDs at the University of Michigan,

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<v Speaker 1>the Craigheads built neighboring laws cabins in Jackson Hole, Wyoming,

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<v Speaker 1>and settled down with their wives and children. The grizzly

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<v Speaker 1>research was the perfect study for the Craigheads. Frank was

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<v Speaker 1>interested in the application of technology to wildlife management, and

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<v Speaker 1>he began developing a radio collar large enough for grizzly bears.

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<v Speaker 1>The first of its kind. In nineteen sixty one, the

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<v Speaker 1>Craigheads fitted their first collar. They also developed a system

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<v Speaker 1>for identifying bears. Before the Craigheads, the standard practice was

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<v Speaker 1>tagging bears ears with small, metallic numbered ear tags, but

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<v Speaker 1>these tags were impossible to tell apart at a distance.

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<v Speaker 1>The Craigheads began using colored plastic ear loops instead. Over

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<v Speaker 1>the next eight years, they would capture and track scores

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<v Speaker 1>of grizzlies, gaining great insight into the bears' lives. In

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<v Speaker 1>nineteen sixty seven, the Craigheads turned in an one hundred

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<v Speaker 1>and thirteen page report to Yellowstone leadership. Besides a collection

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<v Speaker 1>of observations on grizzly behavior, including the fact that they

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<v Speaker 1>had enormous ranges and that they often returned to where

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<v Speaker 1>they came from after they were relocated, the report contained

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<v Speaker 1>recommendations for grizzly management. Many of the Kraigheads recommendations were

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<v Speaker 1>about Yellowstones dumps. In the wake of the Feeding Show's closure,

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<v Speaker 1>dumps had become a major food source for bears, but

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<v Speaker 1>the dumps were unnatural, unsightly, and promoted bears dependence on

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<v Speaker 1>human food. The park wanted to close them. The Cragheads

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<v Speaker 1>agreed that the dumps should be closed, but they advocated

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<v Speaker 1>for a gradual, careful closure plan. They recommended placing elk

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<v Speaker 1>carcasses in the backwoods to attract bears away from the dump.

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<v Speaker 1>They also recommended that all other sources of human food

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<v Speaker 1>be eliminated so that bears would not turn to campgrounds

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<v Speaker 1>or trash cans as subsidance for the dumps. While the

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<v Speaker 1>dump slowly closed, the Craigheads concluded the park should continue

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<v Speaker 1>to carefully monitor and track the grizzlies. These recommendations may

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<v Speaker 1>not seem controversial on the surface, but the atmosphere at

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<v Speaker 1>Yellowstone was very different in nineteen sixty seven than it

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<v Speaker 1>had been when the Craigheads began their study in nineteen

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<v Speaker 1>fifty nine. In nineteen sixty six, Glenn Cole became the

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<v Speaker 1>park's head wildlife manager. Jordan Fisher Smith, in his book

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<v Speaker 1>Engineering Eden, describes Cole as quote a champion of a

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<v Speaker 1>let nature take its course philosophy. This philosophy was shared

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<v Speaker 1>by Jack Anderson, who became Yellowstone superintendent in nineteen sixty seven.

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<v Speaker 1>Cole and Anderson wanted Yellowstone to be as free from

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<v Speaker 1>human influence as possible. Yellowstone's centennial was only five years

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<v Speaker 1>away in nineteen seventy two, and by that year Cole

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<v Speaker 1>and Anderson hoped that the park would be a pristine

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<v Speaker 1>vision of untouched wilderness, minus the hotels and rangers. Of course,

0:17:13.200 --> 0:17:16.760
<v Speaker 1>so the Craighead's idea of gradually closing the dumps was

0:17:16.800 --> 0:17:20.200
<v Speaker 1>a non starter. If they wanted bears to be weaned

0:17:20.240 --> 0:17:23.560
<v Speaker 1>off human food in five years, the dumps would have

0:17:23.680 --> 0:17:28.440
<v Speaker 1>to close now. Cole and Andersen thought. The Craigheads cautioned

0:17:28.560 --> 0:17:31.879
<v Speaker 1>that this could be dangerous. The bears would search for

0:17:32.000 --> 0:17:35.920
<v Speaker 1>other sources of human food, increasing the likelihood of dangerous

0:17:35.960 --> 0:17:40.040
<v Speaker 1>encounters with humans, but Cole and Anderson were convinced that

0:17:40.119 --> 0:17:43.240
<v Speaker 1>they just needed to rip the band aid off. They

0:17:43.280 --> 0:17:48.280
<v Speaker 1>also vetoed continued tracking of the bears. The craigheads garishly

0:17:48.320 --> 0:17:52.119
<v Speaker 1>colored ear loops and bulky radio colors didn't align with

0:17:52.200 --> 0:17:56.439
<v Speaker 1>their vision for the park. Cole and Anderson were not

0:17:56.640 --> 0:17:59.879
<v Speaker 1>alone in their passion for removing human influence from the

0:18:00.080 --> 0:18:05.120
<v Speaker 1>National parks. Non intervention was an increasingly popular philosophy amongst

0:18:05.119 --> 0:18:09.600
<v Speaker 1>ecologists and park managers. In the words of Howard Zoenheiser,

0:18:10.000 --> 0:18:13.320
<v Speaker 1>chief author of the Wilderness Act and Executive Secretary of

0:18:13.359 --> 0:18:17.960
<v Speaker 1>the Wilderness Society. With regard to areas of wilderness, we

0:18:18.080 --> 0:18:23.600
<v Speaker 1>should be guardians, not gardeners. Cole and Anderson also received

0:18:23.640 --> 0:18:26.879
<v Speaker 1>backing from one of the most prominent figures in their field,

0:18:27.480 --> 0:18:32.200
<v Speaker 1>a Starker Leopold. Leopold had not always favored this kind

0:18:32.240 --> 0:18:36.080
<v Speaker 1>of thinking. In nineteen sixty three, Leopold had written a

0:18:36.160 --> 0:18:40.160
<v Speaker 1>report for the federal government's Advisory Board on Wildlife Management

0:18:40.800 --> 0:18:44.360
<v Speaker 1>that had become the guiding document for the ecological management

0:18:44.440 --> 0:18:49.960
<v Speaker 1>of national parks. In it, Leopold had supported intervention as

0:18:50.040 --> 0:18:54.680
<v Speaker 1>long as it was used to simulate earlier, more natural conditions,

0:18:55.440 --> 0:18:59.800
<v Speaker 1>cutting down trees to clear historic viewpoints or using bulldozers

0:18:59.840 --> 0:19:04.639
<v Speaker 1>to recreate buffalo wallows, for example. But by the late sixties,

0:19:04.960 --> 0:19:09.200
<v Speaker 1>after coming under public criticism for certain park practices, including

0:19:09.240 --> 0:19:12.720
<v Speaker 1>the mass killing of elk which had begun to overrun Yellowstone,

0:19:13.160 --> 0:19:16.760
<v Speaker 1>Leopold had softened his views. He was also good friends

0:19:16.760 --> 0:19:20.720
<v Speaker 1>with Glenn Cole. The two went fishing in Yellowstone every year.

0:19:21.920 --> 0:19:25.280
<v Speaker 1>In nineteen sixty nine, after a meeting about bear management

0:19:25.359 --> 0:19:29.280
<v Speaker 1>at the park, Leopold, in his highly influential role as

0:19:29.400 --> 0:19:33.440
<v Speaker 1>head of the Natural Science's Advisory Committee presented a report

0:19:33.520 --> 0:19:36.200
<v Speaker 1>to the National Park Service in which he did not

0:19:36.280 --> 0:19:39.639
<v Speaker 1>take a position on whether fast or slow closure of

0:19:39.680 --> 0:19:43.879
<v Speaker 1>the dumps was better, essentially leaving the decision in Coal

0:19:43.960 --> 0:19:49.560
<v Speaker 1>and Anderson's hands. Leopold did, however, endorse the Craighead's ideas

0:19:49.600 --> 0:19:53.240
<v Speaker 1>about establishing elk bait stations in the back country and

0:19:53.400 --> 0:19:57.560
<v Speaker 1>continuing to track the bears, But Cole and Anderson did

0:19:57.640 --> 0:20:01.040
<v Speaker 1>not set up the bait stations, and they directed rangers

0:20:01.080 --> 0:20:04.160
<v Speaker 1>to remove any colored markings from the bears they captured.

0:20:07.040 --> 0:20:10.000
<v Speaker 1>Over the next three years, Cole and Anderson put their

0:20:10.080 --> 0:20:14.520
<v Speaker 1>dump closure plan into action. They put electric fences around

0:20:14.560 --> 0:20:19.199
<v Speaker 1>some dumps and covered others with dirt. The Craigheads vehemently

0:20:19.240 --> 0:20:24.640
<v Speaker 1>objected and raised their concerns publicly. Tensions between the brothers

0:20:24.680 --> 0:20:29.320
<v Speaker 1>and the park administration grew quickly. In nineteen seventy one,

0:20:29.520 --> 0:20:34.439
<v Speaker 1>Superintendent Andersen refused to renew their Grizzly study contract. To

0:20:34.560 --> 0:20:39.080
<v Speaker 1>underline his point, he bulldozed and burned the Craighead's lab

0:20:39.160 --> 0:20:46.040
<v Speaker 1>in the park. The Craigheads were heartbroken and furious. The bears, too,

0:20:46.400 --> 0:20:50.520
<v Speaker 1>did not seem happy with developments. More and more bears

0:20:50.520 --> 0:20:54.080
<v Speaker 1>were showing up at campgrounds to look for food. Rangers

0:20:54.119 --> 0:20:57.840
<v Speaker 1>tried to tranquilize and relocate these bears, but bears had

0:20:57.840 --> 0:21:00.879
<v Speaker 1>an uncanny knack for quickly making their way back to

0:21:00.920 --> 0:21:03.600
<v Speaker 1>where they'd been picked up. If a bear was an

0:21:03.600 --> 0:21:07.639
<v Speaker 1>habitual offender and refused to stay away, or if it

0:21:07.720 --> 0:21:12.480
<v Speaker 1>threatened visitors, rangers would kill it, But rangers couldn't be

0:21:12.560 --> 0:21:16.000
<v Speaker 1>everywhere at once. All it took was a second for

0:21:16.080 --> 0:21:19.480
<v Speaker 1>a bear to inflict fatal injuries on a human. As

0:21:19.560 --> 0:21:24.560
<v Speaker 1>encounters between bears and tourists increased, many feared that bears

0:21:24.600 --> 0:21:27.680
<v Speaker 1>would not be the only casualty of the new policy.

0:21:28.800 --> 0:21:33.800
<v Speaker 1>It was into this environment that Harry Walker, blissfully unaware

0:21:33.960 --> 0:21:38.679
<v Speaker 1>of anything to do with bears, arrived at Yellowstone in

0:21:38.760 --> 0:21:47.320
<v Speaker 1>the summer of nineteen seventy two. Harry Walker loved the farm,

0:21:47.359 --> 0:21:50.600
<v Speaker 1>but he also desperately wanted to get away from it.

0:21:51.520 --> 0:21:56.400
<v Speaker 1>Harry loved the farm's gently rolling fields, its lush grass

0:21:56.440 --> 0:22:01.199
<v Speaker 1>that people said produced the sweetest milk in Alabama Chocalaca Valley.

0:22:01.960 --> 0:22:06.080
<v Speaker 1>He loved working with animals, delivering calves, and riding his

0:22:06.119 --> 0:22:10.520
<v Speaker 1>horse Comanche. He loved his family. His father Wallace and

0:22:10.640 --> 0:22:16.560
<v Speaker 1>mother Louise, his three sisters, Betty, Carolyn, and Jenny. So

0:22:16.840 --> 0:22:20.439
<v Speaker 1>why did he want to leave? Well, to begin with,

0:22:20.720 --> 0:22:24.240
<v Speaker 1>there was the pressure. Twenty five year old Harry knew

0:22:24.280 --> 0:22:27.119
<v Speaker 1>that his father Wallace expected him to take over the

0:22:27.160 --> 0:22:30.879
<v Speaker 1>farm one day. That was fine with Harry, except that

0:22:30.920 --> 0:22:33.680
<v Speaker 1>before he settled down in Alabama, he wanted to see

0:22:33.680 --> 0:22:37.040
<v Speaker 1>a little of the world first. And then there was

0:22:37.080 --> 0:22:41.920
<v Speaker 1>the work. Running a farm is hard physical labor. When

0:22:41.960 --> 0:22:45.600
<v Speaker 1>Harry was fourteen, a horse had kicked his arm, breaking it.

0:22:46.400 --> 0:22:50.320
<v Speaker 1>The arm had pained him ever since. By early nineteen

0:22:50.359 --> 0:22:53.600
<v Speaker 1>seventy two, Harry could barely lift a glass of iced

0:22:53.600 --> 0:22:57.760
<v Speaker 1>tea without wincing from watching his father stoop and rub

0:22:57.840 --> 0:23:01.679
<v Speaker 1>his aching back. Harry knew that the physical challenges would

0:23:01.680 --> 0:23:07.040
<v Speaker 1>only continue. The work also didn't pay well. The money

0:23:07.119 --> 0:23:09.800
<v Speaker 1>the family made from its milk wasn't enough to pay

0:23:09.840 --> 0:23:12.680
<v Speaker 1>Harry a full time salary, so he had to take

0:23:12.720 --> 0:23:16.560
<v Speaker 1>on part time jobs too, at a pipe foundry, in

0:23:16.640 --> 0:23:20.800
<v Speaker 1>a pool hall, at a construction site in the summer.

0:23:21.000 --> 0:23:24.840
<v Speaker 1>Harry sometimes worked twenty two hours a day, and that

0:23:24.960 --> 0:23:27.200
<v Speaker 1>was on top of his service with the National Guard.

0:23:27.960 --> 0:23:31.040
<v Speaker 1>Because National guardsmen did not serve abroad at this time,

0:23:31.680 --> 0:23:34.560
<v Speaker 1>Joining the National Guard meant that you could avoid being

0:23:34.600 --> 0:23:38.960
<v Speaker 1>sent to Vietnam. The local Guard commander, knowing how much

0:23:39.000 --> 0:23:42.560
<v Speaker 1>Wallace needed Harry at home, had recruited Harry in nineteen

0:23:42.640 --> 0:23:46.639
<v Speaker 1>sixty seven. Harry had a complicated relationship with the Guard.

0:23:47.280 --> 0:23:51.160
<v Speaker 1>He excelled in his first years, winning awards for his sharpshooting,

0:23:51.880 --> 0:23:54.879
<v Speaker 1>but he grew increasingly frustrated with what he saw as

0:23:54.920 --> 0:23:59.240
<v Speaker 1>the Guard's arbitrary rules and regulations. He clashed with a

0:23:59.280 --> 0:24:02.320
<v Speaker 1>new commander in the summer of nineteen seventy one over

0:24:02.359 --> 0:24:07.119
<v Speaker 1>a rule requiring short hair. By nineteen seventy two, Harry

0:24:07.160 --> 0:24:10.760
<v Speaker 1>had reached a breaking point. He started spending more time

0:24:10.800 --> 0:24:13.000
<v Speaker 1>at a friend's house, which had become a sort of

0:24:13.119 --> 0:24:17.480
<v Speaker 1>hippie magnet, drawing in care free kids traveling across the country.

0:24:18.240 --> 0:24:21.240
<v Speaker 1>He stopped showing up at National Guard assemblies and was

0:24:21.280 --> 0:24:25.920
<v Speaker 1>declared absent without official leave. He told his father Wallace,

0:24:26.200 --> 0:24:30.560
<v Speaker 1>that he was thinking about taking a vacation. Wallace supported

0:24:30.560 --> 0:24:34.040
<v Speaker 1>the vacation idea he knew how hard Harry was working.

0:24:34.800 --> 0:24:38.439
<v Speaker 1>He told his son to enjoy some time off and

0:24:38.600 --> 0:24:41.399
<v Speaker 1>promised that he would secure a bank loan so that

0:24:41.480 --> 0:24:46.199
<v Speaker 1>he could begin paying Harry a full time salary. On

0:24:46.320 --> 0:24:49.320
<v Speaker 1>June sixth, Harry hopped in a gray Buick along with

0:24:49.440 --> 0:24:53.560
<v Speaker 1>four other young adults, including his high school classmate Philip Bradbury.

0:24:54.320 --> 0:24:56.840
<v Speaker 1>He hadn't told his mother, Louise that he was leaving

0:24:57.480 --> 0:25:01.320
<v Speaker 1>because he knew she'd try to stop him. The group

0:25:01.400 --> 0:25:04.840
<v Speaker 1>stayed overnight in Louisville with Harry's older sister, Carolyn and

0:25:04.880 --> 0:25:08.720
<v Speaker 1>her husband. Then they drove north with no real plan.

0:25:09.600 --> 0:25:12.280
<v Speaker 1>For the next few weeks, the group bounced across the

0:25:12.320 --> 0:25:18.479
<v Speaker 1>Northeast and Midwest, staying with friends. Eventually they headed to Colorado.

0:25:18.600 --> 0:25:21.760
<v Speaker 1>At a campground outside Aspen, they met a girl who

0:25:21.760 --> 0:25:25.000
<v Speaker 1>told them that they'd just had to see Yellowstone, the

0:25:25.040 --> 0:25:29.520
<v Speaker 1>most beautiful place on Earth. Philip and Harry were sold.

0:25:29.960 --> 0:25:32.960
<v Speaker 1>Harry called his father and asked Wallace to mail his

0:25:33.040 --> 0:25:37.000
<v Speaker 1>camping gear to Cheyenne, Wyoming. He told his father that

0:25:37.040 --> 0:25:40.000
<v Speaker 1>he was as happy as he'd ever been and that

0:25:40.080 --> 0:25:44.480
<v Speaker 1>he wished Wallace could someday see the beautiful Rocky Mountains.

0:25:45.200 --> 0:25:47.280
<v Speaker 1>Philip and Harry split up from the rest of their

0:25:47.280 --> 0:25:49.640
<v Speaker 1>group in Boulder and hitchhiked the rest of the way

0:25:49.680 --> 0:25:53.240
<v Speaker 1>to Cheyenne. Once there, Harry picked up his camping gear

0:25:53.440 --> 0:25:57.040
<v Speaker 1>and called his father once more. Wallace told him that

0:25:57.080 --> 0:26:01.320
<v Speaker 1>the bank loan had come through. That great Daddy, Harry

0:26:01.359 --> 0:26:06.199
<v Speaker 1>said they would never speak again. Three days later, on

0:26:06.280 --> 0:26:09.199
<v Speaker 1>June twenty second, Harry was standing by the side of

0:26:09.200 --> 0:26:12.920
<v Speaker 1>the road in Livingston, Montana, with his thumb stuck out.

0:26:13.320 --> 0:26:17.720
<v Speaker 1>Pretty brunette eighteen year old Vicky Schlicht pulled over. Harry

0:26:17.760 --> 0:26:19.879
<v Speaker 1>said he was hoping for a ride to a nearby

0:26:19.920 --> 0:26:23.000
<v Speaker 1>campground to pick up Philip. Vicky said she could do that,

0:26:23.280 --> 0:26:25.640
<v Speaker 1>and that she could also drive them into Yellowstone after

0:26:26.280 --> 0:26:28.240
<v Speaker 1>where she was working for the summer at the Old

0:26:28.280 --> 0:26:31.640
<v Speaker 1>Faithful Inn. The trio spent much of the next two

0:26:31.680 --> 0:26:35.560
<v Speaker 1>and a half days together. Harry and Vicki hid it off.

0:26:36.040 --> 0:26:40.160
<v Speaker 1>She liked his long eyelashes, his shaggy, light brown hair,

0:26:40.680 --> 0:26:44.679
<v Speaker 1>his kindness, the way he really listened to her. He

0:26:44.800 --> 0:26:47.480
<v Speaker 1>talked about the farm, how he wanted to take her

0:26:47.520 --> 0:26:50.800
<v Speaker 1>there and introduce her to his family and to his

0:26:50.840 --> 0:26:58.359
<v Speaker 1>beloved horse, Comanche. They were cautiously but willingly imagining a

0:26:58.440 --> 0:27:03.879
<v Speaker 1>future together that that future would never come. Shortly before

0:27:03.920 --> 0:27:07.480
<v Speaker 1>one a m on June twenty fifth, not long after

0:27:07.520 --> 0:27:11.600
<v Speaker 1>the pair had their first kiss, a grizzly bear killed Harry.

0:27:13.040 --> 0:27:18.160
<v Speaker 1>The Walker family was devastated by Harry's death. Wallace used

0:27:18.160 --> 0:27:20.840
<v Speaker 1>the money he'd secured from the bank loan to ship

0:27:20.880 --> 0:27:26.280
<v Speaker 1>Harry's body home from Yellowstone. The family's loss was twofold.

0:27:26.960 --> 0:27:32.119
<v Speaker 1>They'd lost their precious son, and they'd lost a future too.

0:27:32.320 --> 0:27:35.840
<v Speaker 1>Wallace and Louise had counted on Harry taking over the farm.

0:27:36.600 --> 0:27:39.480
<v Speaker 1>They had counted on his labor to help support the family.

0:27:40.800 --> 0:27:45.720
<v Speaker 1>In the swipe of a paw, these dreams were gone.

0:27:45.760 --> 0:27:49.119
<v Speaker 1>A month after Harry's funeral, Louise Walker picked up the

0:27:49.200 --> 0:27:53.159
<v Speaker 1>ringing telephone. On the other end was a woman named

0:27:53.280 --> 0:27:56.960
<v Speaker 1>Martha Shell. Martha Shell was a fifty seven year old

0:27:56.960 --> 0:28:00.960
<v Speaker 1>housewife from Kansas City, Missouri. She and her husband spent

0:28:01.040 --> 0:28:03.840
<v Speaker 1>part of the year at their cabin in Colorado and

0:28:03.960 --> 0:28:08.280
<v Speaker 1>took frequent excursions to Yellowstone, where they loved to watch wildlife,

0:28:08.800 --> 0:28:12.879
<v Speaker 1>especially bears. But in the late nineteen sixties they'd notice

0:28:12.880 --> 0:28:16.359
<v Speaker 1>that the bear population seemed to be dropping. The Shells

0:28:16.400 --> 0:28:20.000
<v Speaker 1>weren't the only ones to notice this decline. Visitors to

0:28:20.080 --> 0:28:23.840
<v Speaker 1>Yellowstone were writing complaint letters to the park Service saying

0:28:23.880 --> 0:28:26.640
<v Speaker 1>that they weren't seeing any of the park's fabled bears.

0:28:27.640 --> 0:28:30.560
<v Speaker 1>Once Martha Shell learned that the Park Service was killing

0:28:30.600 --> 0:28:33.439
<v Speaker 1>bears who did not stay away from humans, she was

0:28:33.520 --> 0:28:36.720
<v Speaker 1>certain that this was the cause of the problem. She

0:28:36.840 --> 0:28:41.560
<v Speaker 1>began advocating for policy changes at Yellowstone and eventually connected

0:28:41.600 --> 0:28:47.400
<v Speaker 1>with John and Frank Craighead. When Martha heard about Harry

0:28:47.400 --> 0:28:51.160
<v Speaker 1>Walker's death, she was certain that Glenn Cole and Jack

0:28:51.240 --> 0:28:55.600
<v Speaker 1>Anderson's bear policy was to blame. The abrupted dumb closures

0:28:55.640 --> 0:28:58.480
<v Speaker 1>and the subsequent loss of food she and the Craigheads

0:28:58.480 --> 0:29:03.760
<v Speaker 1>believed had made bears desperate and reckless. On the phone

0:29:03.800 --> 0:29:07.440
<v Speaker 1>to Louise Walker, Martha Shell explained that the Park Service

0:29:07.560 --> 0:29:12.120
<v Speaker 1>was blaming her son for his death. This was true.

0:29:12.160 --> 0:29:15.000
<v Speaker 1>The Park Service had released statements claiming that Harry and

0:29:15.040 --> 0:29:18.200
<v Speaker 1>Philip's choice to leave food out in their campsite and

0:29:18.240 --> 0:29:22.160
<v Speaker 1>to camp illegally were the reasons Harry had died. Martha

0:29:22.280 --> 0:29:25.680
<v Speaker 1>also told Louise that her son was not the first

0:29:25.760 --> 0:29:30.440
<v Speaker 1>casualty of the Park Service's mismanagement of bears. In nineteen

0:29:30.520 --> 0:29:34.800
<v Speaker 1>sixty seven, two young women, Michelle Coons and Julie Helgeson,

0:29:35.160 --> 0:29:38.360
<v Speaker 1>were killed in separate attacks on the same night in

0:29:38.480 --> 0:29:42.560
<v Speaker 1>Glacier National Park in Montana. The Park Service had blamed

0:29:42.600 --> 0:29:45.920
<v Speaker 1>coons and helgeson for their fates, too, saying that the

0:29:45.960 --> 0:29:51.160
<v Speaker 1>women were menstruating attracting bears. But investigative journalist Jack Olsen

0:29:51.360 --> 0:29:54.520
<v Speaker 1>had discovered that before the attacks, there had been numerous

0:29:54.560 --> 0:29:58.600
<v Speaker 1>incidents with grizzlies at the park, especially in areas where

0:29:58.680 --> 0:30:03.280
<v Speaker 1>humans were feeding bear. Olsen's book about the incident, Knight

0:30:03.320 --> 0:30:07.520
<v Speaker 1>of the Grizzlies, received national attention upon its publication in

0:30:07.600 --> 0:30:11.960
<v Speaker 1>nineteen sixty nine. Martha Shell told Louise Walker that she

0:30:12.160 --> 0:30:15.560
<v Speaker 1>was going to send her Olsen's book. After all. The

0:30:15.600 --> 0:30:18.920
<v Speaker 1>Walkers had read the book and been horrified by what

0:30:19.000 --> 0:30:24.640
<v Speaker 1>they learned. They asked Shelle what to do. Sue, she said,

0:30:25.560 --> 0:30:28.640
<v Speaker 1>sue the Park service for the wrongful death of your son.

0:30:29.640 --> 0:30:32.080
<v Speaker 1>When Louise said she wouldn't even know how to find

0:30:32.080 --> 0:30:35.440
<v Speaker 1>an attorney, Martha told her not to worry about it.

0:30:36.120 --> 0:30:41.040
<v Speaker 1>She had an attorney in mind. His name was Steven Zetterberg,

0:30:41.600 --> 0:30:46.280
<v Speaker 1>Martha said, and he was an expert in national park cases.

0:30:51.160 --> 0:30:54.160
<v Speaker 1>Thirty years earlier, there had been no such thing as

0:30:54.200 --> 0:30:58.720
<v Speaker 1>a national parks case. That was because before nineteen forty six,

0:30:59.240 --> 0:31:03.680
<v Speaker 1>private citizens could not sue the federal government. The only

0:31:03.800 --> 0:31:07.640
<v Speaker 1>avenue for compensation if you suffered loss or harm due

0:31:07.640 --> 0:31:11.440
<v Speaker 1>to a federal employee's actions was getting Congress to pass

0:31:11.520 --> 0:31:15.440
<v Speaker 1>a private relief bill. But in nineteen forty six, motivated

0:31:15.440 --> 0:31:19.160
<v Speaker 1>by public pressure, the Federal Tort Claims Act was enacted,

0:31:19.720 --> 0:31:24.360
<v Speaker 1>allowing private citizens to sue the federal government. Two years later,

0:31:24.520 --> 0:31:27.360
<v Speaker 1>the law had its first application to a bear incident.

0:31:28.160 --> 0:31:31.480
<v Speaker 1>In nineteen forty eight, twenty three year old William Claypool

0:31:31.640 --> 0:31:35.120
<v Speaker 1>sued the National Park Service after a grizzly seriously injured

0:31:35.200 --> 0:31:38.560
<v Speaker 1>him in a campsite near Old Faithful. The night before

0:31:38.600 --> 0:31:42.080
<v Speaker 1>Claypool and his family had arrived in Yellowstone, a grizzly

0:31:42.120 --> 0:31:45.720
<v Speaker 1>bear had injured several people at the same campground, but

0:31:45.920 --> 0:31:49.840
<v Speaker 1>rangers told the Claypools that the site was safe. A

0:31:49.960 --> 0:31:52.640
<v Speaker 1>judge ruled that the Park Service employees had failed to

0:31:52.680 --> 0:31:56.479
<v Speaker 1>adequately warn Claypool of the danger opposed by bears, and

0:31:56.520 --> 0:32:00.440
<v Speaker 1>awarded him five thousand dollars. Over the next twelve years,

0:32:00.720 --> 0:32:04.000
<v Speaker 1>the claims against the Park Service for bear injuries would

0:32:04.000 --> 0:32:10.800
<v Speaker 1>total nearly a million dollars. Stephen Zetterberg, a tall Lean

0:32:10.920 --> 0:32:14.239
<v Speaker 1>lawyer in his late fifties, with curly gray hair and

0:32:14.360 --> 0:32:18.400
<v Speaker 1>an affinity for underdogs, took on his first National Parks

0:32:18.440 --> 0:32:22.600
<v Speaker 1>case in nineteen sixty four. Four years earlier, then ten

0:32:22.640 --> 0:32:25.480
<v Speaker 1>year old Smitty Parrot had been mauled by a grizzly

0:32:25.480 --> 0:32:29.320
<v Speaker 1>bear in Glacier National Park. Smitty had lost an eye

0:32:29.440 --> 0:32:33.280
<v Speaker 1>and a lung and endured years of reconstructive surgeries and

0:32:33.320 --> 0:32:38.120
<v Speaker 1>physical rehabilitation. His medical bills had nearly bankrupted his family.

0:32:39.280 --> 0:32:42.560
<v Speaker 1>Zetterberg filed a demand letter asking for three hundred and

0:32:42.640 --> 0:32:46.960
<v Speaker 1>twenty nine thousand dollars arguing that Glacier Rangers should have

0:32:47.120 --> 0:32:50.480
<v Speaker 1>closed the trail Smitty was mauled on after a bear

0:32:50.560 --> 0:32:54.480
<v Speaker 1>attack on the same trail ten days earlier. The case

0:32:54.560 --> 0:32:58.360
<v Speaker 1>was assigned to Assistant United States Attorney William Spivac and

0:32:58.560 --> 0:33:01.080
<v Speaker 1>was eventually settled out of court for one hundred thousand

0:33:01.080 --> 0:33:06.240
<v Speaker 1>dollars close to a million dollars today. Zetterberg faced speedback

0:33:06.320 --> 0:33:09.320
<v Speaker 1>again later that year, filing suit on behalf of a

0:33:09.360 --> 0:33:13.080
<v Speaker 1>boy named Mark Vaughn, who had fallen into an improperly

0:33:13.120 --> 0:33:18.640
<v Speaker 1>marked thermal pool in Yellowstone and suffered horrific burns. Again,

0:33:18.760 --> 0:33:21.720
<v Speaker 1>the case settled out of court this time for fifty

0:33:21.720 --> 0:33:26.520
<v Speaker 1>six thousand dollars. Zetterberg and Speedback, a methodical man in

0:33:26.560 --> 0:33:29.560
<v Speaker 1>his mid thirties, would be facing off again in the

0:33:29.600 --> 0:33:33.440
<v Speaker 1>Walker case, but this time they were going to trial.

0:33:35.040 --> 0:33:37.400
<v Speaker 1>They would be arguing their case in the United States

0:33:37.520 --> 0:33:41.680
<v Speaker 1>District Court in Los Angeles. You might be wondering why

0:33:41.880 --> 0:33:45.160
<v Speaker 1>was the death of an Alabama man in Wyoming being

0:33:45.280 --> 0:33:49.200
<v Speaker 1>argued in Los Angeles. This was due to some complicated

0:33:49.240 --> 0:33:53.160
<v Speaker 1>legal maneuvering on Stephen Zetterberg's part. After speaking to the

0:33:53.200 --> 0:33:56.880
<v Speaker 1>Walkers in nineteen seventy two, Zetterberg had agreed to take

0:33:56.920 --> 0:34:00.000
<v Speaker 1>their case, but he could only practice law in Calais.

0:34:01.440 --> 0:34:04.360
<v Speaker 1>To get the case moved to California, he appointed one

0:34:04.400 --> 0:34:08.920
<v Speaker 1>of his associates, Dennis Martin, as administrator of Harry Walker's estate.

0:34:09.960 --> 0:34:14.480
<v Speaker 1>Dennis Martin then submitted documents saying, in essence, the estate

0:34:14.600 --> 0:34:17.920
<v Speaker 1>plans to sue the government. If we win, the winnings

0:34:17.960 --> 0:34:21.520
<v Speaker 1>will go to the estate. Because I, the administrator of

0:34:21.520 --> 0:34:24.560
<v Speaker 1>the state am in California, the case should be decided here.

0:34:25.600 --> 0:34:29.400
<v Speaker 1>Jordan Fisher Smith describes this logic as quote a mobius

0:34:29.440 --> 0:34:32.960
<v Speaker 1>strip a snake eating its own tail. But it worked.

0:34:33.680 --> 0:34:37.120
<v Speaker 1>Martin's role in administering the estate is why this case

0:34:37.200 --> 0:34:42.040
<v Speaker 1>is called Martin v. United States. As with the Parrot

0:34:42.040 --> 0:34:45.880
<v Speaker 1>and Vaughan cases, Zetterberg was using the Federal Torts Claim

0:34:45.960 --> 0:34:49.640
<v Speaker 1>Act to try to get compensation for his clients. In

0:34:49.680 --> 0:34:52.480
<v Speaker 1>his suit, he explained how he believed the actions of

0:34:52.560 --> 0:34:58.279
<v Speaker 1>federal employees had caused Walker's death. The open garbage operations

0:34:58.280 --> 0:35:02.320
<v Speaker 1>were closed, the suit charge, and the bears, which hitherto

0:35:02.520 --> 0:35:06.839
<v Speaker 1>had congregated there were forced to seek other food sources.

0:35:06.880 --> 0:35:09.960
<v Speaker 1>Not being able to support themselves on their natural fodder

0:35:10.480 --> 0:35:13.120
<v Speaker 1>and being used to scraps from the tables of humans,

0:35:13.760 --> 0:35:18.520
<v Speaker 1>Grizzly bears increasingly invaded visitors campsites. The closure of the

0:35:18.600 --> 0:35:22.560
<v Speaker 1>dumps was negligent, and that defendant knew or should have known,

0:35:22.680 --> 0:35:25.640
<v Speaker 1>that it would substantially increase the number of grizzly bear

0:35:25.680 --> 0:35:32.600
<v Speaker 1>attacks on visitors. Defendants' activities constituted an ultra hazardous activity.

0:35:33.080 --> 0:35:38.000
<v Speaker 1>On January ninth, nineteen seventy five, Steven Zetterberg, accompanied by

0:35:38.000 --> 0:35:42.279
<v Speaker 1>Wallace Walker, arrived at Judge Andrew Hawk's courtroom to begin

0:35:42.320 --> 0:35:45.400
<v Speaker 1>the trial. There would be no jury for this trial,

0:35:45.920 --> 0:35:51.400
<v Speaker 1>only a judge. The Walkers, Wallace Louise and their youngest daughter, Jenny,

0:35:51.719 --> 0:35:54.760
<v Speaker 1>had flown to Los Angeles for the trial, their first

0:35:54.800 --> 0:35:58.840
<v Speaker 1>time on an airplane. Zetterberg's wife had taken Louise and

0:35:58.920 --> 0:36:02.320
<v Speaker 1>Jenny sightseeing, but Wallace wanted to be in the courtroom.

0:36:03.480 --> 0:36:07.680
<v Speaker 1>Shortly after proceedings began, though Zetterberg asked Wallace to leave.

0:36:08.360 --> 0:36:12.480
<v Speaker 1>He was submitting Harry's autopsy into evidence and didn't want

0:36:12.520 --> 0:36:16.520
<v Speaker 1>the grieving father to have to hear the details. Zetterberg

0:36:16.560 --> 0:36:20.200
<v Speaker 1>had a specific reason for admitting the autopsy. He wanted

0:36:20.200 --> 0:36:23.280
<v Speaker 1>to point out that though Harry had been torn apart,

0:36:23.320 --> 0:36:26.720
<v Speaker 1>there were no puncture marks indicative of large canine teeth,

0:36:27.080 --> 0:36:30.440
<v Speaker 1>which you would usually see with a bear attack. The

0:36:30.520 --> 0:36:34.719
<v Speaker 1>day after Harry's death, Yellowstone Rangers had set up a

0:36:34.800 --> 0:36:38.640
<v Speaker 1>number of cage traps around the campsite. One of these

0:36:38.680 --> 0:36:43.360
<v Speaker 1>cages caught a female grizzly Rangers using the small numbered

0:36:43.400 --> 0:36:46.440
<v Speaker 1>metal tag in her ear. The only form of grizzly

0:36:46.480 --> 0:36:50.440
<v Speaker 1>tracking at this point, identified the bear as number seventeen

0:36:50.719 --> 0:36:55.520
<v Speaker 1>ninety two, twenty two years old, elderly in grizzly terms,

0:36:55.920 --> 0:37:00.719
<v Speaker 1>seventeen ninety two's canine teeth were worn down to stumps,

0:37:02.040 --> 0:37:05.680
<v Speaker 1>rangers shot the bear, and a necropsy uncovered human hair

0:37:05.800 --> 0:37:10.839
<v Speaker 1>in her digestive track and on her claws. Identifying Bear

0:37:10.920 --> 0:37:14.759
<v Speaker 1>seventeen ninety two as Harry's killer was important for Zetterberg's

0:37:14.760 --> 0:37:18.560
<v Speaker 1>case because it was, in his view, another example of

0:37:18.600 --> 0:37:22.919
<v Speaker 1>mismanagement by the park. Bear seventeen ninety two had first

0:37:22.960 --> 0:37:27.040
<v Speaker 1>been identified in October nineteen seventy, when she had repeatedly

0:37:27.120 --> 0:37:31.880
<v Speaker 1>been found scavenging behind a cafe near Old Faithful. Rangers

0:37:31.880 --> 0:37:34.960
<v Speaker 1>had trapped and tranquilized her, and then transported her via

0:37:35.080 --> 0:37:38.960
<v Speaker 1>helicopter into the back country. This was standard practice for

0:37:39.000 --> 0:37:42.239
<v Speaker 1>bears who were found by human food, but according to

0:37:42.280 --> 0:37:45.960
<v Speaker 1>Frank Craighead in his testimony in the trial, this was

0:37:46.040 --> 0:37:50.480
<v Speaker 1>not a sustainable method of relocating grizzlies his research had found.

0:37:50.640 --> 0:37:54.640
<v Speaker 1>He explained on the stand that grizzlies would almost always

0:37:54.760 --> 0:37:57.040
<v Speaker 1>return to the spot from which they had been captured.

0:37:58.000 --> 0:38:01.120
<v Speaker 1>Frank Craighead had quite a bit more to say about

0:38:01.200 --> 0:38:04.960
<v Speaker 1>Yellowstone's management. He laid out for Judge Hawk how he

0:38:05.080 --> 0:38:07.800
<v Speaker 1>and his brother had raised their concerns about the abrupt

0:38:07.800 --> 0:38:11.200
<v Speaker 1>closure of the dumps, but the park, he said, had

0:38:11.239 --> 0:38:15.440
<v Speaker 1>not been receptive. Even more than that craig had claimed,

0:38:15.560 --> 0:38:19.240
<v Speaker 1>the park's management had warned the brothers to keep quiet

0:38:19.280 --> 0:38:24.240
<v Speaker 1>about potential risks. In August nineteen sixty eight, Glacier National

0:38:24.280 --> 0:38:27.240
<v Speaker 1>Park released a report into the deaths of Michelle Coon's

0:38:27.280 --> 0:38:31.000
<v Speaker 1>and Julie Helgeson. This report claimed that the bears may

0:38:31.040 --> 0:38:33.919
<v Speaker 1>have been attracted to the victim's menstrual blood and their

0:38:33.960 --> 0:38:37.960
<v Speaker 1>perfumed cosmetics. I'll note here that later studies have shown

0:38:37.960 --> 0:38:41.320
<v Speaker 1>that there is no correlation between menstruation and bear attacks,

0:38:41.960 --> 0:38:44.560
<v Speaker 1>but at the time it was both a commonly believed

0:38:44.600 --> 0:38:47.799
<v Speaker 1>myth and a helpful way for the park service to

0:38:47.880 --> 0:38:52.879
<v Speaker 1>divert blame for the deaths. Glen Cole, Yellowstone's chief biologist,

0:38:53.320 --> 0:38:57.800
<v Speaker 1>admitted to Frank Craighead per Craighead's testimony, that the Glacier

0:38:57.880 --> 0:39:04.239
<v Speaker 1>report was quote whitewash. Nevertheless, Cole told Craighead that he

0:39:04.400 --> 0:39:07.920
<v Speaker 1>and his brother needed to publicly back the report's finding.

0:39:08.560 --> 0:39:11.760
<v Speaker 1>If they didn't, Cole threatened the Craigheads would be kicked

0:39:11.800 --> 0:39:15.880
<v Speaker 1>out of Yellowstone. This story hinted at doubts over the

0:39:15.880 --> 0:39:20.200
<v Speaker 1>park's policy within Glen Cole himself, but he was only

0:39:20.239 --> 0:39:23.799
<v Speaker 1>willing to admit this doubt in private. In public, he

0:39:23.840 --> 0:39:27.440
<v Speaker 1>presented the policy of dumb closure as a total success.

0:39:29.040 --> 0:39:33.319
<v Speaker 1>In December nineteen seventy one, Glen Cole had announced at

0:39:33.360 --> 0:39:36.520
<v Speaker 1>a meeting of the American Association for the Advancement of

0:39:36.560 --> 0:39:40.560
<v Speaker 1>Science that no human being had been injured by a

0:39:40.600 --> 0:39:45.120
<v Speaker 1>grizzly that year in Yellowstone. This Cole said was proof

0:39:45.239 --> 0:39:49.480
<v Speaker 1>that their bear management program was working. Speback submitted the

0:39:49.600 --> 0:39:52.600
<v Speaker 1>zero injury record at trial to show that the Park

0:39:52.640 --> 0:39:56.280
<v Speaker 1>Service did not need to warn visitors, including Harry Walker,

0:39:56.600 --> 0:40:01.840
<v Speaker 1>of unusual danger from bears, but argued that only considering

0:40:01.960 --> 0:40:05.640
<v Speaker 1>injuries resulted in an incomplete image of the bear situation.

0:40:06.520 --> 0:40:10.000
<v Speaker 1>To prove his point, he asked Frank Craighead to analyze

0:40:10.080 --> 0:40:15.040
<v Speaker 1>Yellowstone's bear logs from nineteen sixty six to nineteen seventy one.

0:40:15.120 --> 0:40:18.200
<v Speaker 1>These were ledgers maintained by rangers in each district of

0:40:18.239 --> 0:40:23.280
<v Speaker 1>the park which recorded bear incidents. The term incident includes

0:40:23.360 --> 0:40:28.920
<v Speaker 1>many kinds of bear activity, from property damage to threatening behavior, relocations,

0:40:28.920 --> 0:40:33.840
<v Speaker 1>and injuries. The bear management logs showed the scope of

0:40:33.880 --> 0:40:38.160
<v Speaker 1>bear activity in Yellowstone. There may have been no injuries

0:40:38.239 --> 0:40:41.200
<v Speaker 1>by grizzlies in nineteen seventy one but that did not

0:40:41.360 --> 0:40:46.480
<v Speaker 1>mean that there were no grizzly encounters. Craighead showed Judge

0:40:46.520 --> 0:40:49.319
<v Speaker 1>Hawk that rangers in the district closest to one of

0:40:49.360 --> 0:40:53.320
<v Speaker 1>the closed dumps had logged one hundred and one incidents

0:40:53.360 --> 0:40:57.000
<v Speaker 1>in nineteen seventy one, and that was only in one district.

0:40:57.840 --> 0:41:00.200
<v Speaker 1>In the two years preceding the closure of the DYEP

0:41:00.360 --> 0:41:04.080
<v Speaker 1>nineteen sixty six and nineteen sixty seven, the district had

0:41:04.120 --> 0:41:07.680
<v Speaker 1>logged an average of only twenty one incidents a year.

0:41:08.640 --> 0:41:13.000
<v Speaker 1>Despite Cole and Anderson's public proclamations of success, bear incidents

0:41:13.040 --> 0:41:16.440
<v Speaker 1>in the park had only risen in recent years. The

0:41:16.440 --> 0:41:19.720
<v Speaker 1>more grizzlies that came into contact with humans, the greater

0:41:19.840 --> 0:41:23.880
<v Speaker 1>the chance of an injury or killing. But the government

0:41:23.960 --> 0:41:27.640
<v Speaker 1>claimed that it wasn't policy that had caused Harry Walker's death,

0:41:28.280 --> 0:41:32.840
<v Speaker 1>it was Harry Walker. In a deposition, Glenn Cole stated

0:41:32.840 --> 0:41:38.520
<v Speaker 1>that improperly stored food and an illegally established campsite attracted

0:41:38.560 --> 0:41:41.880
<v Speaker 1>the bear, and that the bear was apparently defending this

0:41:41.960 --> 0:41:45.920
<v Speaker 1>food when it attacked. The government called on Canadian grizzly

0:41:45.960 --> 0:41:50.120
<v Speaker 1>biologist Andrew Pearson to support this point about Walker's responsibility

0:41:50.160 --> 0:41:54.719
<v Speaker 1>to store his food safely wherever grizzlies occur. Pierson testified

0:41:55.280 --> 0:41:58.160
<v Speaker 1>it is essential that precautions be taken by campers and

0:41:58.239 --> 0:42:02.319
<v Speaker 1>developers to keep garbage and other potential bear foods inaccessible,

0:42:02.960 --> 0:42:05.839
<v Speaker 1>because the presence of such an alternative food source may

0:42:05.880 --> 0:42:08.840
<v Speaker 1>predispose a bear, through no fault of its own, to

0:42:08.920 --> 0:42:13.480
<v Speaker 1>an encounter with a human. Food safety wasn't the only

0:42:13.560 --> 0:42:16.680
<v Speaker 1>area where the government believed that Harry Walker had been negligent.

0:42:17.440 --> 0:42:20.800
<v Speaker 1>William Spivack argued that the park would have warned Harry

0:42:20.800 --> 0:42:24.160
<v Speaker 1>Walker about the danger of bears if he had properly

0:42:24.200 --> 0:42:27.920
<v Speaker 1>engaged with park authorities during his visit instead of visiting

0:42:27.920 --> 0:42:30.360
<v Speaker 1>a ranger station and getting a camping permit. When they

0:42:30.480 --> 0:42:33.640
<v Speaker 1>arrived at the park, Harry and Philip had camped illegally,

0:42:34.480 --> 0:42:38.000
<v Speaker 1>and when Vicki Schlicht had driven Harry and Philip into Yellowstone,

0:42:38.400 --> 0:42:41.080
<v Speaker 1>the park ranger at the entrance gate had seen the

0:42:41.120 --> 0:42:45.240
<v Speaker 1>employee sticker on her car, assuming that Harry and Philip

0:42:45.239 --> 0:42:48.120
<v Speaker 1>were also employees, he hadn't given the young men the

0:42:48.160 --> 0:42:51.560
<v Speaker 1>standard lecture about the dangers of bears in geothermal pools,

0:42:52.040 --> 0:42:56.600
<v Speaker 1>nor the accompanying brochures. Steven Zetterberg argued that even if

0:42:56.640 --> 0:43:00.640
<v Speaker 1>Harry had received these warnings, they wouldn't be enough. The

0:43:00.640 --> 0:43:05.080
<v Speaker 1>Park Service's message in these communications, Zetterberg said, had more

0:43:05.120 --> 0:43:08.120
<v Speaker 1>to do with leaving bears alone, not feeding them or

0:43:08.120 --> 0:43:11.239
<v Speaker 1>harassing them. It said nothing about the fact that a

0:43:11.239 --> 0:43:15.480
<v Speaker 1>bear might attack you unprovoked, and unlike at other parks,

0:43:15.640 --> 0:43:19.680
<v Speaker 1>including Glacier, there were no signs in high traffic grizzly

0:43:19.719 --> 0:43:24.359
<v Speaker 1>areas at Yellowstone to warn visitors of increased risk. Even

0:43:24.400 --> 0:43:27.200
<v Speaker 1>though the government was arguing that the dump closure policy

0:43:27.280 --> 0:43:30.640
<v Speaker 1>had nothing to do with Harry's death, several witnesses still

0:43:30.680 --> 0:43:34.200
<v Speaker 1>made a point of defending the policy. Glen Cole said

0:43:34.200 --> 0:43:37.279
<v Speaker 1>that the grizzlies visited the area around Old Faithful to

0:43:37.840 --> 0:43:41.880
<v Speaker 1>quote prey upon the elk population that also frequents the area,

0:43:42.640 --> 0:43:45.600
<v Speaker 1>implying that bears would be in the area even without

0:43:45.640 --> 0:43:49.760
<v Speaker 1>the dump closures. Also testifying in defense of the policy

0:43:50.120 --> 0:43:53.960
<v Speaker 1>was Starker Leopold, one of the highest profile, most powerful

0:43:54.000 --> 0:43:58.400
<v Speaker 1>figures in wildlife ecology. Leopold testified that the danger to

0:43:58.480 --> 0:44:01.960
<v Speaker 1>humans was greatest when the dumps first closed, but that

0:44:02.120 --> 0:44:06.279
<v Speaker 1>over time the risk decreased because quote, young bears were

0:44:06.280 --> 0:44:09.720
<v Speaker 1>not learning to eat garbage. Leopold believed that this theory

0:44:09.760 --> 0:44:12.120
<v Speaker 1>had been proven right, given that there had been no

0:44:12.200 --> 0:44:15.960
<v Speaker 1>bear injuries in nineteen seventy one, although he had not

0:44:16.120 --> 0:44:21.520
<v Speaker 1>seen the bear incident logs. On cross examination, Zetterberg pushed

0:44:21.600 --> 0:44:26.000
<v Speaker 1>Leopold for his true feelings about bear management. He asked

0:44:26.080 --> 0:44:29.680
<v Speaker 1>Leopold if bears could really be weaned from garbage. Quickly,

0:44:30.480 --> 0:44:33.880
<v Speaker 1>Leopold said they could. Looking down at a piece of paper,

0:44:34.080 --> 0:44:38.640
<v Speaker 1>Zeterberg read aloud quote, bears conditioned by years of human

0:44:38.719 --> 0:44:42.320
<v Speaker 1>handouts can hardly be expected to abandon their old handouts

0:44:42.360 --> 0:44:47.040
<v Speaker 1>on command. Now, He asked Leopold, would you agree with

0:44:47.080 --> 0:44:51.799
<v Speaker 1>that statement? Leopold admitted that he did agree. He had

0:44:51.840 --> 0:44:53.839
<v Speaker 1>to because he was the one who had written that

0:44:53.880 --> 0:44:58.279
<v Speaker 1>statement two years earlier. Zetterberg also got Leopold to admit

0:44:58.400 --> 0:45:00.480
<v Speaker 1>that he had disagreed with some of the Cole and

0:45:00.480 --> 0:45:05.759
<v Speaker 1>Anderson's other decisions. Leopold had recommended, in accordance with the Craigheads,

0:45:06.000 --> 0:45:09.840
<v Speaker 1>that backcountry bait station should be set up. Colan Anderson

0:45:09.920 --> 0:45:14.160
<v Speaker 1>had not done so. Leopold had also recommended that monitoring

0:45:14.200 --> 0:45:18.760
<v Speaker 1>of bears, including radio callers, should continue after the dumb closures.

0:45:19.880 --> 0:45:23.120
<v Speaker 1>Col and Anderson had ended all radio tracking and removed

0:45:23.160 --> 0:45:27.640
<v Speaker 1>visible markings from bears so that, in Zetterberg's words, bears

0:45:27.640 --> 0:45:31.000
<v Speaker 1>would look spruced up for the centennial. Is that worth

0:45:31.040 --> 0:45:34.120
<v Speaker 1>the price of bad figures and bad results in terms

0:45:34.120 --> 0:45:38.480
<v Speaker 1>of record keeping? Zetterberg asked Judge Hawk had a similar

0:45:38.560 --> 0:45:43.360
<v Speaker 1>question about Cole and Anderson's cost benefit analysis. He asked

0:45:43.400 --> 0:45:46.240
<v Speaker 1>Frank Craighead how much one of the radio callers cost

0:45:47.400 --> 0:45:51.760
<v Speaker 1>about three thousand dollars per animal. Craig had said, whatever

0:45:51.800 --> 0:45:55.920
<v Speaker 1>the cost, Hawk replied, I suspect that radio collaring grizzlies

0:45:56.160 --> 0:45:59.920
<v Speaker 1>might be considerably cheaper than paying off bereaved families of

0:46:00.080 --> 0:46:04.880
<v Speaker 1>bear attack victims. In court, Hawks certainly seemed sympathetic to

0:46:04.960 --> 0:46:11.160
<v Speaker 1>Zetterberg's case. Frank Craighead's testimony, as well as emotional testimony

0:46:11.320 --> 0:46:15.200
<v Speaker 1>by Harry's sister Jenny, who explained how she now planned

0:46:15.200 --> 0:46:18.040
<v Speaker 1>to forego college in order to help her parents keep

0:46:18.080 --> 0:46:23.040
<v Speaker 1>the farm running, made for a compelling narrative. But William

0:46:23.080 --> 0:46:25.920
<v Speaker 1>Spovac still had a few legal tricks up his sleeve,

0:46:26.520 --> 0:46:30.040
<v Speaker 1>and he planned to deploy his strongest points during closing arguments,

0:46:30.480 --> 0:46:35.600
<v Speaker 1>which began on February twenty fourth, nineteen seventy five, Stephen

0:46:35.680 --> 0:46:40.200
<v Speaker 1>Zetterberg presented his closing. First, he spoke about Harry's hard working,

0:46:40.320 --> 0:46:43.920
<v Speaker 1>friendly nature and about how much Harry's family missed him.

0:46:44.560 --> 0:46:46.960
<v Speaker 1>He talked about all the times that the part could

0:46:47.000 --> 0:46:50.960
<v Speaker 1>have warned visitors about the increased danger from grizzlies, about

0:46:50.960 --> 0:46:54.279
<v Speaker 1>how there were no signs discussing the danger, no literature

0:46:54.320 --> 0:46:57.640
<v Speaker 1>on it, only warnings not to feed bears from their cars.

0:46:58.640 --> 0:47:02.520
<v Speaker 1>The point is, this said, the government was taking a

0:47:02.640 --> 0:47:05.879
<v Speaker 1>risk by closing the dumps and sending bears hungry into

0:47:05.880 --> 0:47:11.000
<v Speaker 1>the park. That risky decision had killed Harry Walker. It

0:47:11.080 --> 0:47:15.960
<v Speaker 1>had devastated the Walker family, and unless the park changed course,

0:47:16.480 --> 0:47:18.880
<v Speaker 1>they might not be the last family to suffer in

0:47:18.960 --> 0:47:22.880
<v Speaker 1>this way. I hope your Honor will send a message

0:47:22.960 --> 0:47:27.480
<v Speaker 1>to the Interior Department via a substantial award, Zetterberg concluded,

0:47:28.160 --> 0:47:31.440
<v Speaker 1>so that this kind of thing will never happen again.

0:47:33.040 --> 0:47:35.880
<v Speaker 1>William Spivack had a message of his own to send,

0:47:36.400 --> 0:47:40.600
<v Speaker 1>but his was for future campers. If you obey the rules,

0:47:40.680 --> 0:47:45.280
<v Speaker 1>Spevack argued, you will be safer. If Harry and Philip

0:47:45.280 --> 0:47:48.440
<v Speaker 1>had gone into a ranger's office and gotten a camping permit,

0:47:48.480 --> 0:47:51.280
<v Speaker 1>like they were supposed to. They would have been advised

0:47:51.320 --> 0:47:53.640
<v Speaker 1>by a ranger to hang their food in a tree,

0:47:54.120 --> 0:47:56.799
<v Speaker 1>not stored on the ground of their campsite like they had.

0:47:57.920 --> 0:48:00.560
<v Speaker 1>There is a brand new visitors center open at Old

0:48:00.560 --> 0:48:05.240
<v Speaker 1>Faithful if Harry and Philip wanted to be informed responsible visitors,

0:48:05.320 --> 0:48:08.560
<v Speaker 1>Spevac said they could have gone in at any time.

0:48:09.680 --> 0:48:14.240
<v Speaker 1>Spevac had a theory for why they hadn't. Before Harry

0:48:14.320 --> 0:48:17.880
<v Speaker 1>had left Alabama, he had been marked absent without official

0:48:17.960 --> 0:48:22.240
<v Speaker 1>leave a wall by the National Guard. At the time

0:48:22.600 --> 0:48:25.319
<v Speaker 1>a wall, guardsmen who were located were sent to the

0:48:25.360 --> 0:48:29.360
<v Speaker 1>regular Army, and this might mean being shipped to Vietnam.

0:48:30.320 --> 0:48:33.320
<v Speaker 1>Harry Walker wasn't a young man on one last vacation

0:48:33.520 --> 0:48:37.240
<v Speaker 1>before he settled down. Spevac said he was a man

0:48:37.320 --> 0:48:40.840
<v Speaker 1>on the run from military service. He had avoided the

0:48:40.840 --> 0:48:44.640
<v Speaker 1>park rangers in Spevak's portrayal because he was afraid of

0:48:44.680 --> 0:48:50.360
<v Speaker 1>getting caught. Spevac had one last argument to make. The

0:48:50.440 --> 0:48:55.200
<v Speaker 1>nineteen forty six Federal Torque Claims Act had a discretionary

0:48:55.320 --> 0:49:00.680
<v Speaker 1>function exception. This exception, broadly speaking, states that the government

0:49:00.800 --> 0:49:05.120
<v Speaker 1>is not liable for policy related actions that government employees

0:49:05.440 --> 0:49:10.239
<v Speaker 1>choose to take If this seems confusing and vague to you,

0:49:11.120 --> 0:49:15.240
<v Speaker 1>I agree. Courts have long debated over how to define

0:49:15.239 --> 0:49:20.040
<v Speaker 1>this exception, but generally, as long as a federal employee's

0:49:20.080 --> 0:49:23.799
<v Speaker 1>action was an exercise of their own judgment and was

0:49:23.920 --> 0:49:28.880
<v Speaker 1>not mandated by a federal statute, policy, or regulation, it

0:49:29.000 --> 0:49:33.240
<v Speaker 1>is seen to be discretionary. In this case, Spevac argued

0:49:33.640 --> 0:49:36.880
<v Speaker 1>the decision to close the dumps was a discretionary function

0:49:36.960 --> 0:49:41.960
<v Speaker 1>of the Park Service and thus exempt from liability. It

0:49:42.000 --> 0:49:44.640
<v Speaker 1>would be up to Judge Hawk to determine if the

0:49:44.680 --> 0:49:48.600
<v Speaker 1>dump closure decision was indeed exempt. He didn't make the

0:49:48.680 --> 0:49:53.879
<v Speaker 1>lawyers wait. Shortly after closing arguments concluded, Judge Hawk said,

0:49:54.560 --> 0:49:57.160
<v Speaker 1>I will never know any more about this case than

0:49:57.200 --> 0:50:01.480
<v Speaker 1>I do right now. I am ready to rule. In

0:50:01.560 --> 0:50:06.080
<v Speaker 1>the case of Martin v. United States, Judge Andrew Hawk

0:50:06.200 --> 0:50:10.840
<v Speaker 1>had found that in the wrongful death of Harry Eugene Walker,

0:50:11.560 --> 0:50:22.319
<v Speaker 1>the National Park Service was responsible. Judge Hawk's ruling was

0:50:22.360 --> 0:50:25.360
<v Speaker 1>not just a victory for the Walkers, it was also

0:50:25.520 --> 0:50:28.960
<v Speaker 1>a victory for the Craigheads. Hawk had agreed with all

0:50:29.000 --> 0:50:32.040
<v Speaker 1>of their findings, stating that the park had been warned

0:50:32.080 --> 0:50:35.480
<v Speaker 1>about the dangers of abruptly closing the dumps, but had

0:50:35.520 --> 0:50:40.680
<v Speaker 1>not adequately notified visitors of these dangers. Yellowstone officials had

0:50:40.760 --> 0:50:44.799
<v Speaker 1>also failed to take precautions, such as establishing backcountry base

0:50:44.880 --> 0:50:49.920
<v Speaker 1>stations or monitoring the bear population with radio callers. After

0:50:49.960 --> 0:50:53.880
<v Speaker 1>his ruling, Judge Hawk awarded the Walker family eighty seven thousand,

0:50:54.160 --> 0:50:58.320
<v Speaker 1>four hundred and seventeen dollars and sixty seven cents, equivalent

0:50:58.360 --> 0:51:01.520
<v Speaker 1>to about half a million dollars today, an amount meant

0:51:01.560 --> 0:51:04.520
<v Speaker 1>to encompass the life value of Harry's work on the farm,

0:51:05.160 --> 0:51:10.640
<v Speaker 1>the loss of Harry's companionship, and his burial expenses, but

0:51:10.680 --> 0:51:14.880
<v Speaker 1>the Walkers would never receive this money. The government appealed

0:51:14.880 --> 0:51:18.640
<v Speaker 1>the decision, and in December nineteen seventy six, an appellate

0:51:18.680 --> 0:51:23.360
<v Speaker 1>court reversed Judge Hawk's decision. This court ruled that Speback's

0:51:23.440 --> 0:51:25.799
<v Speaker 1>argument that the decision to close the dumps was a

0:51:25.840 --> 0:51:31.760
<v Speaker 1>discretionary function immune from liability was correct. Further, they found

0:51:31.800 --> 0:51:35.880
<v Speaker 1>that Harry had contributed to his own death. This appeals

0:51:35.920 --> 0:51:39.920
<v Speaker 1>case was determined using Wyoming law, not California law as

0:51:39.960 --> 0:51:43.680
<v Speaker 1>in the first case, and under Wyoming law, anyone who

0:51:43.760 --> 0:51:47.439
<v Speaker 1>contributed at all to their own injury or death could

0:51:47.440 --> 0:51:51.479
<v Speaker 1>not collect money. Stephen Zetterberg tried to appeal the case

0:51:51.520 --> 0:51:54.880
<v Speaker 1>to the Supreme Court, but in nineteen seventy seven, the

0:51:54.920 --> 0:51:58.720
<v Speaker 1>court declined to hear the case. Knowing that the money

0:51:58.840 --> 0:52:01.520
<v Speaker 1>was crucial for the Walker to keep their farm running,

0:52:02.040 --> 0:52:05.360
<v Speaker 1>Zetterberg lobbied for a relief bill in which the government

0:52:05.400 --> 0:52:10.160
<v Speaker 1>would directly grant the walker's money. Alabama Senator John Sparkman

0:52:10.320 --> 0:52:14.400
<v Speaker 1>introduced the relief bill. It should have been an uncontroversial

0:52:14.440 --> 0:52:18.440
<v Speaker 1>bill that passed easily, but a former Yellowstone ranger named

0:52:18.560 --> 0:52:22.080
<v Speaker 1>Jerry Tayes, who now worked for the Park Services Legislative Office,

0:52:22.520 --> 0:52:26.720
<v Speaker 1>thought that the bill was wrong. Tays believed that Harry,

0:52:27.040 --> 0:52:29.920
<v Speaker 1>not the Park, was the one responsible for his death.

0:52:31.160 --> 0:52:36.040
<v Speaker 1>Tays raised his concerns to Wyoming Senator Malcolm Wallop. Wallops

0:52:36.120 --> 0:52:39.440
<v Speaker 1>strongly opposed the bill, seeing it to be an unjust

0:52:39.560 --> 0:52:45.040
<v Speaker 1>government handout, and raised objections to it. Junior Alabama Senator

0:52:45.120 --> 0:52:47.720
<v Speaker 1>James Allen planned to defend the bill on the Senate

0:52:47.760 --> 0:52:50.400
<v Speaker 1>floor in the summer of nineteen seventy eight, but the

0:52:50.480 --> 0:52:53.280
<v Speaker 1>day before the debate, he died of a heart attack.

0:52:54.200 --> 0:52:58.439
<v Speaker 1>The bill never passed. Without the money, the Walkers could

0:52:58.480 --> 0:53:02.000
<v Speaker 1>not afford to maintain their farm, they sold off the

0:53:02.080 --> 0:53:06.319
<v Speaker 1>land acre by acre until by nineteen seventy seven, as

0:53:06.400 --> 0:53:10.600
<v Speaker 1>Jenny Walker told the Aniston Star newspaper quote, there was

0:53:10.640 --> 0:53:15.880
<v Speaker 1>nothing else to sell. The loss wasn't only financial. Wallace

0:53:15.920 --> 0:53:19.200
<v Speaker 1>Walker told the Star that after Harry's death, the joy

0:53:19.280 --> 0:53:23.160
<v Speaker 1>had gone out of farming for him. He helped so much.

0:53:23.280 --> 0:53:26.319
<v Speaker 1>Wallace said, it was the kind of help only a

0:53:26.480 --> 0:53:30.440
<v Speaker 1>sun could give. With both of us working, it wasn't

0:53:30.480 --> 0:53:36.000
<v Speaker 1>bad at all. It was fun then, but now it's murder.

0:53:37.560 --> 0:53:40.120
<v Speaker 1>As the Walkers struggled to keep their heads above water,

0:53:40.520 --> 0:53:44.640
<v Speaker 1>the Park Service continued to struggle with bears. Shortly after

0:53:44.680 --> 0:53:48.480
<v Speaker 1>the Walker verdict, in July nineteen seventy five, grizzly bears

0:53:48.480 --> 0:53:52.040
<v Speaker 1>were named as a threatened species under the Endangered Species Act,

0:53:52.400 --> 0:53:56.640
<v Speaker 1>granting them new protections. The Forest Service brought John and

0:53:56.719 --> 0:53:59.600
<v Speaker 1>Frank Craig Head in to help with grizzly management and

0:54:00.000 --> 0:54:03.280
<v Speaker 1>agan work on a project to map grizzly habitats in Montana.

0:54:04.280 --> 0:54:07.400
<v Speaker 1>At the same time, public criticism of the Park Services

0:54:07.440 --> 0:54:12.200
<v Speaker 1>bear management was growing. Harry Walker's death and the subsequent

0:54:12.280 --> 0:54:15.839
<v Speaker 1>trial helped raise awareness of the issue, as did Jack

0:54:15.880 --> 0:54:20.040
<v Speaker 1>Olsen's book on the Glacier deaths, as well as horrifying

0:54:20.160 --> 0:54:23.880
<v Speaker 1>photographs of a mass grave of black bears killed by

0:54:24.000 --> 0:54:28.680
<v Speaker 1>rangers at Yosemite. Starter Leopold sent a graduate student of

0:54:28.719 --> 0:54:31.600
<v Speaker 1>his named David Graeber to help with the bear situation

0:54:31.680 --> 0:54:35.600
<v Speaker 1>at Yosemite, and Graber would soon make a simple intervention

0:54:35.840 --> 0:54:42.200
<v Speaker 1>that changed everything. Graber developed a bear proof food storage box.

0:54:43.280 --> 0:54:46.440
<v Speaker 1>The first boxes were installed in nineteen seventy seven in

0:54:46.520 --> 0:54:50.080
<v Speaker 1>Yosemite and are now common at campsites across the country.

0:54:51.080 --> 0:54:55.640
<v Speaker 1>With easy access to food, shut off, bears stopped frequenting campgrounds.

0:54:56.680 --> 0:55:00.680
<v Speaker 1>The combination of improved bear monitoring and a sustained solution

0:55:00.840 --> 0:55:04.520
<v Speaker 1>to keeping bears away from popular human areas meant good

0:55:04.640 --> 0:55:09.560
<v Speaker 1>things for human safety. Bear injuries and deaths still occur,

0:55:10.000 --> 0:55:14.080
<v Speaker 1>though rarely in the national parks, but very few of

0:55:14.120 --> 0:55:17.879
<v Speaker 1>these deaths occur due to bears seeking out human food.

0:55:18.760 --> 0:55:23.560
<v Speaker 1>These changes were also good for grizzlies, though grizzly populations

0:55:23.640 --> 0:55:28.040
<v Speaker 1>continued to decline through the nineteen seventies and eighties, reaching

0:55:28.080 --> 0:55:31.200
<v Speaker 1>a low of an estimated ninety nine bears in the

0:55:31.239 --> 0:55:36.440
<v Speaker 1>Greater Yellowstone ecosystem in nineteen ninety. Their populations have rebounded.

0:55:37.440 --> 0:55:40.880
<v Speaker 1>As of twenty twenty two, the ecosystem is home to

0:55:40.960 --> 0:55:47.200
<v Speaker 1>an estimated nine hundred and sixty five grizzlies. Back in Alabama,

0:55:47.520 --> 0:55:52.120
<v Speaker 1>the Walker daughters rallied around their parents. All three girls

0:55:52.160 --> 0:55:56.120
<v Speaker 1>and their families got houses nearby, and eventually Jenny and

0:55:56.200 --> 0:55:59.680
<v Speaker 1>her husband bought the farm, moving into a mobile home

0:55:59.719 --> 0:56:02.560
<v Speaker 1>next to the farmhouse so that Wallace and Louise could

0:56:02.600 --> 0:56:06.759
<v Speaker 1>stay put. Wallace Walker died in September two thousand and four.

0:56:07.400 --> 0:56:12.600
<v Speaker 1>Louise followed him less than a month later. Today, thanks

0:56:12.600 --> 0:56:16.400
<v Speaker 1>to the intervention of conservationists, much of the farm makes

0:56:16.480 --> 0:56:20.360
<v Speaker 1>up part of the Chocalaca Creek Watershed Alliance, a protected

0:56:20.400 --> 0:56:25.080
<v Speaker 1>wildlife refuge. One of the conservationists involved in the creation

0:56:25.239 --> 0:56:30.480
<v Speaker 1>of the alliance was Harry's niece, Renee Simmons Rainey, an

0:56:30.600 --> 0:56:35.400
<v Speaker 1>environmental educator whose career path was inspired by Harry's life

0:56:35.440 --> 0:56:39.520
<v Speaker 1>and death. In twenty sixteen, she spoke about her memories

0:56:39.520 --> 0:56:44.280
<v Speaker 1>of Harry to the Anniston Star quote, I'm standing hand

0:56:44.400 --> 0:56:47.920
<v Speaker 1>in hand with Harry and walking around the farm as

0:56:47.960 --> 0:56:50.840
<v Speaker 1>he identified animal tracks and talked to me about the

0:56:50.880 --> 0:56:54.080
<v Speaker 1>hawks and what they were doing. He was always paying

0:56:54.120 --> 0:56:58.200
<v Speaker 1>attention to the habitat. If there's a lesson from Harry

0:56:58.200 --> 0:57:02.520
<v Speaker 1>Walker's story, says Geordan Fisher Smith, it's to be like

0:57:02.640 --> 0:57:08.320
<v Speaker 1>Harry to always pay attention to our habitats. Everybody's personal

0:57:08.360 --> 0:57:13.720
<v Speaker 1>story exists in a biological context, Smith says, and nature

0:57:13.960 --> 0:57:19.880
<v Speaker 1>and its fate is connected to our fates. That's the

0:57:19.960 --> 0:57:24.439
<v Speaker 1>story of Martin v. United States. Stay with me after

0:57:24.480 --> 0:57:28.280
<v Speaker 1>the Break to hear about lawyer Stephen Zetterberg's battle with

0:57:28.440 --> 0:57:37.680
<v Speaker 1>one of America's most infamous politicians. In nineteen forty eight,

0:57:38.120 --> 0:57:42.760
<v Speaker 1>thirty two year old Stephen Zetterberg was very worried. There

0:57:42.800 --> 0:57:46.120
<v Speaker 1>were only six weeks left in the primary for California's

0:57:46.120 --> 0:57:49.880
<v Speaker 1>twelfth congressional district, and there was no Democratic candidate on

0:57:49.920 --> 0:57:53.680
<v Speaker 1>the ballot. If no one stepped up, the seat's incumbent,

0:57:53.960 --> 0:57:58.760
<v Speaker 1>a Republican, would cruise to reelection. Zetterberg didn't want that

0:57:58.880 --> 0:58:03.560
<v Speaker 1>to happen. This incumbent had showed, in Zetterberg's mind a

0:58:03.680 --> 0:58:08.480
<v Speaker 1>concerning willingness to align himself with the tyrannical anti communist

0:58:08.600 --> 0:58:13.840
<v Speaker 1>House on American Activities Committee. Zetterberg asked the seat's former occupant,

0:58:14.000 --> 0:58:17.920
<v Speaker 1>a Democrat, to try to run again when this man declined,

0:58:18.680 --> 0:58:21.920
<v Speaker 1>Zetterberg decided he'd just have to do it himself and

0:58:22.000 --> 0:58:27.720
<v Speaker 1>declared his candidacy. Zetterberg was new to campaigning. He threw

0:58:27.800 --> 0:58:32.000
<v Speaker 1>square dances to drum up support. His opponent, a seasoned pro,

0:58:32.520 --> 0:58:36.919
<v Speaker 1>took a more aggressive approach. In California, at the time,

0:58:37.200 --> 0:58:41.080
<v Speaker 1>candidates could cross file or register under both parties for

0:58:41.160 --> 0:58:46.600
<v Speaker 1>primary elections. Zetterberg's opponent did just that, listing himself as

0:58:46.600 --> 0:58:50.280
<v Speaker 1>both a Democrat and a Republican and sending mailers that

0:58:50.400 --> 0:58:54.440
<v Speaker 1>described himself as a Democrat to Democratic voters despite his

0:58:54.560 --> 0:58:59.120
<v Speaker 1>true Republican affiliation. As a result, he won both the

0:58:59.200 --> 0:59:05.200
<v Speaker 1>Republican and Democratic primaries that spring, guaranteeing him reelection in

0:59:05.240 --> 0:59:09.000
<v Speaker 1>the fall. Two years later, this representative ran for the

0:59:09.040 --> 0:59:13.080
<v Speaker 1>Senate and employed the same cross filing strategy that he'd

0:59:13.120 --> 0:59:19.160
<v Speaker 1>perfected against Zetterberg. This time people took notice. Democrats coined

0:59:19.200 --> 0:59:23.480
<v Speaker 1>a nickname for this man, Tricky Dick. But Tricky Dick

0:59:23.680 --> 0:59:26.520
<v Speaker 1>wasn't one to be dragged down by name calling. He

0:59:26.600 --> 0:59:31.440
<v Speaker 1>won the election, and that was only the start. The

0:59:31.480 --> 0:59:34.960
<v Speaker 1>man star kept rising, and in nineteen sixty eight he

0:59:35.040 --> 0:59:40.680
<v Speaker 1>was elected President of the United States. Stephen Zetterberg's primary opponent,

0:59:41.000 --> 0:59:43.880
<v Speaker 1>as you may have guessed by now, was none other

0:59:44.480 --> 0:59:49.480
<v Speaker 1>than Richard Nixon. Thank you for listening to History on Trial.

0:59:49.880 --> 0:59:52.920
<v Speaker 1>My main sources for this episode were Jordan Fisher Smith's

0:59:52.960 --> 0:59:57.040
<v Speaker 1>book Engineering Eden, The True Story of a violent Death,

0:59:57.440 --> 1:00:01.680
<v Speaker 1>a Trial, and the Fight over Controlling Nature, as well

1:00:01.720 --> 1:00:05.120
<v Speaker 1>as coverage of the story by Harry Walker's hometown newspaper,

1:00:05.560 --> 1:00:09.440
<v Speaker 1>The Aniston Star. For a full bibliography, as well as

1:00:09.440 --> 1:00:12.600
<v Speaker 1>a transcript of this episode with citations, please visit our

1:00:12.600 --> 1:00:18.360
<v Speaker 1>website History on Trial podcast dot com. History on Trial

1:00:18.560 --> 1:00:22.240
<v Speaker 1>is written and hosted by me Mira Hayward. The show

1:00:22.320 --> 1:00:26.080
<v Speaker 1>is edited and produced by Jesse Funk, with supervising producer

1:00:26.120 --> 1:00:31.800
<v Speaker 1>Trevor Young and executive producers Dana Schwartz, Alexander Williams, Matt Frederick,

1:00:32.000 --> 1:00:35.520
<v Speaker 1>and Mira Hayward. Learn more about the show at History

1:00:35.520 --> 1:00:39.720
<v Speaker 1>on Trial podcast dot com and follow us on Instagram

1:00:39.760 --> 1:00:44.600
<v Speaker 1>at History on Trial and on Twitter at Underscore History

1:00:44.600 --> 1:00:49.040
<v Speaker 1>on Trial. Find more podcasts from iHeartRadio by visiting the

1:00:49.040 --> 1:00:53.160
<v Speaker 1>iHeartRadio app, Apple Podcasts, or wherever you listen to your

1:00:53.160 --> 1:00:54.760
<v Speaker 1>favorite shows.