SUPPORTERS OF WILD HORSES WIN TEMPORARY REPRIEVE

No one really knows for sure how long a herd of wild horses has been wandering along the Current and Jacks Fork rivers in what is now the Ozark National Scenic Riverways.

Although their exact origin is unknown, they likely are descendants of horses that were released or escaped before the concept of "open range" ended in Missouri in the 1950s.

Ben Sutton, who has lived his entire 65 years on Big Shawnee Creek in Shannon County, contends the horses were roaming the area before he was born.

And, until a few years ago, only residents of the area and occasionally visitors even knew of the horses.

But with legislation passed in 1964 designating approximately 70,000 acres as part of the Ozark National Scenic Riverways in Shannon, Carter and Ripley counties, the National Park Service began overseeing the area.

In the mid-1980s, park officials began to notice the horses and felt that park service guidelines mandated their removal. Wild horses are not native to the park, and park officials were concerned that they caused damage to trees and plants in the area and competed with native wildlife for food.

In May 1990, the National Park Service gave public notice of a plan to remove the horses and put them up for adoption.

Residents became outraged at the proposal. They responded with petitions to 8th District U.S. Rep. Bill Emerson and sought a court injunction to prevent the removal.

That set the stage for a four-year legal fight in which each side has managed to carry the dispute one step higher.

From peaceful obscurity along the two rivers, the wild horses now have drawn national attention. Ultimately, their fate will be decided in the halls of Congress next year as Emerson seeks passage of legislation to give the horses legal standing in the Ozark Scenic Riverways.

Art Sullivan, the park superintendent who initiated removal plans, agreed recently to delay any a plan until Emerson has an opportunity to protect them legislatively next year.

In June 1992, U.S. District Judge Stephen N. Limbaugh issued a ruling halting the park service plan to remove horses. Limbaugh surmised that a herd of about 20 horses in a park of 70,000 acres could do only minimal damage.

But Limbaugh's ruling was appealed and overturned, giving the park service authority to move forward.

One park service idea was to work with the Missouri Wild Horse League, an organization formed to fight the removal, to set aside land that could be fenced for the horses.

But Jim Smith, who runs the Cross Country Trail Ride in Eminence, said that plan makes no sense and goes against the very motto of the horse league: "Wild and Free, Let Them Be."

Smith is quick to point out, "When you pen them up, they are not free any more."

Smith said the herd now has 23 horses running in three bands.

He alleges the park service removed more than 30 horses from the park from 1990-92 and fears the agency will move the rest if given the chance.

Tom Griffiths, assistant park superintendent, said efforts are on hold for now. Griffiths said the park service has not received any response from the Missouri Wild Horse League about trying to find a range for the horses outside the park.

"We are maintaining the status quo right now," said Griffiths. "Ultimately, our position has not changed. We are following policies and guidelines. The basic policy is that, where practical, non-native species will be moved."

Both Griffiths and members of the horse league say the horses do not roam exclusively on national park land. The horses are also spotted frequently on state forest land and private land.

Says Sutton: "They are a harmless bunch of horses. If they round up the horses they might as well round up the deer and possums. They should get all the wild animals if they are going to get the horses."

Both supporters of the horses and the park service have stood firm in their positions. An act of Congress may be the ultimate solution.

"It has been emotional at times, and the problem has been there is not much give and take on each side," said Griffiths. "Each side has its opinion and that has not been resolved. From that standpoint, not a lot of progress has been made."

One such display of emotion came last fall when the Wild Horse League organized a demonstration. Several hundred horse trailers were pulled into Van Buren, and 442 horses and riders met a group of supporters at the park office as a show of support.

Smith said plans are under way to demonstrate at the park service's regional office in Omaha, Neb. Smith predicted thousands of horses will be ridden into town.

"We'll clog up Omaha for miles and miles," said Smith, adding that all demonstrations will be peaceful.

Even if Emerson's bill passes, Smith said the demonstration ride will be held to protest efforts nationwide by the park service to get rid of wild horses and horseback riding throughout the system.

Griffiths said Emerson has every right to seek legislation for the horses. Most herds in other national parks are protected by enabling legislation that gives the horses recognition and status.

When legislation was passed designating the Ozark National Scenic Riverways, the obscurity of the horses probably kept them from being officially protected.

The primary focus of the legislation was to preserve free-flowing streams and prevent them from being dammed up.

Emerson contends the park service is reading its regulations a little too closely, and not using common sense when it comes to the wild horses.

"I believe these animals are a meaningful part of the Ozarks unique culture and heritage," said Emerson.

"We've exhausted all administrative diplomacy possible, and if legislation is what it takes to make the park service and interior department back off, so be it."

Emerson's efforts have not gone unnoticed by horse fans.

Smith has helped organize a Bill Emerson Appreciation Rally at his indoor horse arena in Eminence this Sunday. Musical groups such as Nashville's Jim and Jesse will be appearing starting at 3 p.m.