JURISDICTION IN RDA HOMICIDE DETERMINED

The question of trial jurisdiction resulting from a homicide committed within, a Recreation Demonstration Area in Missouri was referred to the Service by the Department of Justice. An extensive opinion reviewed the national legislative Acts which authorized the Areas and the Executive Orders which placed them under administration of the Service.

In addition to applicable federal laws, an Act of the Missouri Legislature also is pertinent because it gave State consent to the United States for acquisition of lands for recreational uses and ceded jurisdiction over all lands thus acquired. The Service opinion holds (citing United States Court opinions), that the federal government owns the Recreational Demonstration Areas as an ordinary proprietor and that the laws of the State relative to the Area remain in force and effect; that despite the Missouri act of cession there must be a stated intention by the United States to accept exclusive jurisdiction before the cession is complete. Since there has been no indication of such acceptance and inasmuch as the pertinent provisions of the Federal Penal Code are applicable only where the United States has exclusive jurisdiction, the opinion holds that trial jurisdiction in the instant case lies in the State rather than in the United States.

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GAME HUNTING POLICY OUTLINED

In response to a request from the Pennsylvania Game Commission for cooperation in permitting deer and small-game hunting at Hickory Run Recreational Demonstration Area, the Service has outlined its policy:

"The National Park Service policy regarding wildlife gives absolute protection to all forms of life within the National Parks and Monuments and under no circumstances is hunting allowed in any of these areas. The situation as regards Recreational Demonstration Areas, which have comparatively recently come under the sphere of influence of this Service, is somewhat different in recognition of the fact that they are designed primarily for outdoor recreation. Nevertheless, while the areas remain under temporary jurisdiction of this Service, we feel responsibility for the preservation of natural features within them and exceptions to our policy of absolute protection are made only in those rare instances where an overabundance of animal life is clearly demonstrated to be harmful to the natural features, that is, forests, flowers, etc., which constitute an important recreational asset. In the case of Hickory Run Recreational Demonstration Area careful field examination by several of our men shows that small game is not numerous; in fact, it is even sub-normal. Hence, it is obvious that we must give them complete protection within the area.

"In the case of deer, as you know, there is an overpopulation to the extent that forest reproduction is often impossible. The approval of hunting as a control measure last year was made only after careful consideration of all other possible means of control had shown them to be inadequate. Similarly, this year, hunting appears to be the only feasible solution to the problem. "Therefore, we are making careful studies to determine the extent and conditions of deer hunting within the area. The feasibility of opening the entire area has not yet been determined but detailed plans will be worked out at the earliest possible date and you will be notified of our action in the very near future."

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SAFETY AIDS CONSIDERED

The Director's Safety Committee is designing a poster on fire prevention in buildings for use on Recreational Demonstration Areas. The adoption of an appropriate sign for use at strategic points along the main highways through the areas also is under consideration.

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RECREATION CONGRESS HELD IN PITTSBURGH

The twenty-third National Recreation Congress met October 3-7 in the William Penn Hotel at Pittsburgh under sponsorship of the National Recreation Association, which provides a clearing house for community recreation interests. James Marshall, president of the New York City Board of Education, made the opening address on "Recreation in American Life".

Dr. Harold C. Bryant and M. C. Huppuch, of the Washington office of the Service; Lewis R. Barrett, Recreation Coordinator, National Capital Parks, and R. C. Robinson, Regional Recreational Planner, were among the delegates.