PARK SERVICE HAS COURT, NOT PEOPLE, ON SIDE IN HORSE DISPUTE

The U.S. Supreme Court made it official Monday -- the 20 or so wild horses roaming a 24-mile stretch of the Ozark National Scenic Riverways can be corralled.

The federal government has flexed its mighty muscles and 20 wild horses are the losers. But they aren't the only ones: Bit by bit the feds continue to chip away at local controls.

It's ludicrous a matter that should have never warranted federal intervention went all the way to the nation's highest court. Surely the federal government -- and courts -- have better ways to spend their time and dollars. This issue should have been left to the people who live there.

These wild horses have been the subject of a lengthy legal battle. The National Park Service wanted their removal from federally protected wilderness. The reasons? Because they were not native to the area and have damaged vegetation and trails. They have also suggested some of the horses may be in poor health -- a view disputed by the Missouri Wild Horse League.

When the Park Service decided in 1991 to capture the horses and put them up for adoption, two Birch Tree residents sued in federal court. In June 1992, a federal judge barred the government from removing the horses, saying the Park Service didn't prove the horses were harming the park. The 8th Circuit Court of Appeals lifted the order last July -- saying the horses had trampled crops and created trails that were beginning to erode.

U.S. Rep. Bill Emerson became involved in the case after receiving hundreds -- and eventually thousands -- of phone calls, letters and personal visits from persons opposing the eviction. Emerson became an active proponent because "the animals are not hurting anyone or anything."

Most local residents would prefer to peacefully co-exist with the horses. And the Wild Horse League even offered to help manage the herd. The horses are descendants of animals that were set free or escaped from their owners as much as four decades ago -- before the park was created.

Last October the Park Service "indefinitely postponed" its plan due to a tremendous grassroots effort in support of the horses.

But this court decision has changed all that.

The court, without comment, rejected two Birch Tree residents' argument that the National Park Service violated its own rules in deciding to round up the horses.

Park Superintendent Arthur Sullivan Monday said no immediate action would be taken to corral the horses. He said the decision would not be made until he met with members of the Missouri Wild Horse League. A wise move. Even with the court on his side, it seems prudent of Sullivan to at least notify this group of his plans. The league, which is based in Eminence and claims 3,000 members, was founded to keep the horses roaming free. It helped focus national attention on the dispute.

We still hope the Park Service can reach a compromise solution. Various options have been discussed, including creation of a range of their own on private land. The court may given the Park Service the might -- but not the moral right to remove these horses.