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Giving up hopes for a resolution, Albert Michaud assigned his interest in the claims to his brother Frank and moved to Canada about 1910. Frank Michaud and his family continued to ask for reimbursement from the government, and the Forest Service debated the matter internally. If Michaud’s claims were valid, he could have obtained patent to the property and the government might have been obligated to purchase the land. On the other hand, if investigation showed that the Michauds had tried to acquire Jewel Cave for development as a tourist attraction through the use of a mineral entry, the claims would be fraudulent. In that case, Michaud would lose any rights to the property and the government would owe him nothing. Apparently, Frank Michaud never applied for a patent to the land, and as a result the Forest Service did not formally investigate the claims, leaving their status in question.
The Forest Service did not consider mining activity under Michaud’s mining claims to be in contradiction with the government’s interests in the monument and continued to allow the family access to the cave so that they could perform annual assessment work necessary to maintain the claims. Thus, the agency avoided interference with legitimate mining activity that might have become a factor in the controversy. The Forest Service was unwilling to extend those rights, however. According to Frank Michaud’s son, the agency refused to enter into a lease that would have allowed the family to operate the cave as an attraction. Although the cave was open to visitors for periods of time, the confusion over the claims, the proximity of Wind Cave as a similar attraction, and the agency’s emphasis on timber and land management discouraged the Forest Service from further developing Jewel Cave or tourists’ services there.
Similar to the circumstances surrounding the establishment of Wind Cave National Park, part of the impetus for the creation of Jewel Cave National Monument was its potential attraction for tourists. The Michauds, trying to expand that potential, lost control of the cave. The Forest Service, frustrated by the legal issues and less interested in providing public access to the lands under its jurisdiction than in managing its resources, did little to promote the site. Under federal control, Jewel Cave received even less attention than Wind Cave. While Wind Cave superintendents struggled to maintain the national park and the United States Forest Service protected but did not promote the national monument, state lawmakers created a new game reserve in Custer County that would eventually become one of the country’s largest state parks and would play a more significant role in the development of Black Hills tourism than did any of the federally designated areas.
South Dakota’s first state park was the outgrowth of a state game reserve created largely through the efforts of Peter Norbeck, one of South Dakota’s best-known politicians. In 1905, Norbeck and two friends were the first people to drive an automobile across western South Dakota to the Black Hills. Norbeck’s visit there inspired him to promote the creation of a game preserve in the southern Black Hills and, in larger terms, to open the beauties of the Hills to motorists. In the process of pursuing that goal, he acquired beliefs and attitudes about park design and services for tourists that had a strong impact on the growth of tourism in the region.
Peter Norbeck was born in Clay County, Dakota Territory, in 1870 to Scandinavian immigrant parents. Although his father was a lay minister, the family’s farm was the primary source of income, and the Norbecks depended on their oldest son to help with the work. Consequently, Peter Norbeck received little formal education, attending rural school for a few months each year and then three terms at the new University of Dakota. He was intellectually curious, however, and always a voracious reader. In 1894, he and a cousin began an artesian well-drilling business that eventually made Norbeck a wealthy man and a well-known one in the new states of North and South Dakota.
Norbeck entered state politics during the Progressive period, an era from about 1890 to the 1920s. Although he was a successful self-made businessman, both his personal background and business interests were bound to agriculture, and he supported Progressive laws that restrained the power of corporations and railroads and favored farmers. In 1908, he ran for the office of state senator from Spink County on the Republican ticket. The primary election was marked by a division between Progressives and Stalwarts that constituted a deep rift in the Republican party. Although he was unpolished and largely unschooled, Norbeck’s energy, work ethic, and political instincts served him well. He won the election in 1908 and was reelected in 1910 and 1912. In 1914, he successfully ran for lieutenant governor, and in 1916, he was elected governor by a wide margin.
In addition to agricultural issues, Norbeck was also vitally interested in conservation and wild-game protection. In 1910, the state took title to lands in the southern Black Hills in lieu of state school sections located within the national forest. This agreement between the state and federal governments gave South Dakota jurisdiction over a rugged, heavily timbered area in Custer County that the state legislature designated a state forest. In 1913, with Norbeck’s prompting, John Parks, state senator from Custer County, introduced legislation creating a state game preserve on the land. The legislation passed the senate, but failed in the house until Norbeck suggested that some supporters of the preserve vote for a pending temperance law in exchange for votes in favor of the game-preserve measure.

