Agate Fossil Beds Administrative History

Stalemate, 1972

Donald R. Harper, former District Ranger (South District) at Bighorn Canyon National Recreation Area, Montana, became Superintendent of Scotts Bluff and Agate Fossil Beds in October 1971.* Other administrative changes followed. Management Assistant Roy W. Weaver transferred in 1972 to Glen Canyon National Recreation Area Arizona, and was replaced by Dennis J. Turay on November 11, 1972. Alice I. Swigert, part-time clerk-stenographer, resigned and was replaced by Linda D. Hahn on July 10, 1972. [20]

---

* Don Harper's National Park Service career began in 1960 when he entered a student ranger trainee program at Yellowstone. His first assignment was at Glacier National Park, followed by Rocky Mountain, Shadow Mountain, and Bighorn Canyon. See Donald R. Harper, interview with author, Fort Collins, Colorado, 29 October 1985, transcript.

---

Progress on the scenic and road easements had stalemated. The Cook sisters refused to budge. Neither did they recognize the validity of the Solicitor's opinion on the ownership of the collection. Superintendent Harper noted on February 29, 1972:

I propose to continue work on the collection, sorting and cataloguing as funds and manpower allow. However, the situation should be settled. I recommend that the sisters be informed that we are proceeding on the basis of the solicitor's opinion, and that if they feel the necessity of litigation, they can proceed. [21]

The Cook heirs filed a lawsuit for possession of the Cook Collection against the National Park Service in mid-1972. Don Harper compiled a list of men who knew Harold Cook and were connected with his work and the "Cook Museum of Natural History" to assist the Service in the pending litigation. Four names were on Harper's list: Dr. James Reed Macdonald, Professor of Paleontology at Foothills College, California; Dr. Malcolm C. McKenna and Morris F. Skinner, curators at the American Museum of Natural History; and Dr. Ray Lemley, Rapid City, South Dakota. [22]

Curatorial care of the disputed collection did indeed continue. A staff archeologist from the Midwest Archeological Center inspected the stored Cook materials at both Fort Larned and Scotts Bluff on May 4 and 5. He recommended it was in the Service's best interest to bring all the artifacts, except those on loan to Fort Larned and in storage at Scotts Bluff, together in Lincoln for cataloguing and preservation treatment. In addition, the entire collection should be fumigated. [23] The park and Regional Office adopted the recommendation and relocated the Cook Papers Collection from Omaha to Lincoln.

Two days of excavations by a team from Foothills College, California, took place in August 1972. Led by Dr. James R. Macdonald, the student paleontologists arrived on August 6 and spent the following day organizing for the dig with Roy Weaver. On August 8 and 9, excavations (via permit) at several sites were heavily visited by the curious public. Following Macdonald's visit, Weaver devoted time to preparing a contract for the paleontologist to author a section of the park's forthcoming handbook. [24]

In September 1972, the Nebraska Department of Roads relocated the "Agate unincorporated" signs and placed "No services next 60 miles" signs south of Harrison and north of Mitchell on Highway 29. [25] On September 6, Roy Weaver accepted a transfer to the position of Waweep District Ranger at Glen Canyon; October 8 marked Weaver's final day at Agate Fossil Beds. In the interim before Dennis J. Turay entered on duty on December 1, Don Harper and rangers from Scotts Bluff alternated in supervising the area. Seasonal Ranger Bill Taylor worked his regular work week during this period. [26]

Roy Weaver's four years at Agate Fossil Beds is a significant administrative tenure. Weaver—and by extension those superintendents under whom he served—established positive relations with the local community and was held in high esteem. He participated in calf-brandings on area ranches with eagerness and passed the "test" for acceptance. He recalled, "I was paid the ultimate compliment when Ralph Moravia, a neighboring rancher of conservative views, exclaimed, 'Roy, you're OK, for a Government man.' When I was transferred one of my neighbors quite seriously suggested that I quit the Park Service, stay in the area and work for them." [27] Weaver enjoyed playing poker with his neighbors and hosted several "poker evenings" in his own home amidst the trailer complex referred to by one local man as "the sheep camp" (anathema to cattlemen). Weaver served as an officer in the Harrison's Mens Club and a volunteer in the Sioux County Volunteer Fire Department. Carol Weaver, Roy's wife, immersed herself in the local women's group, the Log Cabin Club. Through these intimate social contacts, Roy Weaver successfully presented the National Park Service mission at Agate. Although most understood Service policies, Weaver admitted, "It was difficult for them to accept the exclusion of 'all that good grass' from grazing." [28]

Four years after the death of Margaret C. Cook, the Agate Springs Ranch again became the year-round permanent home for Cook family members. In November 1972, Dorothy and Grayson Meade relocated from Calgary, Alberta and became full-time residents, in part to prove the family's determination to keep the ranch and stave-off condemnation by their physical, daily presence. The ranch, fully restocked and regaining economic vigor, became a registered, family-operated corporation. [29]