Big-Game Refuges 



property. So that, though Congress should prohibit such 

 killing, etc., upon its own lands, at all seasons of the year, 

 this would not conflict with any State authority or control. 

 That the preservation of game is part of the public policy 

 of those States, and for the benefit of their own people, is 

 shown by their own legislation, and they cannot complain if 

 Congress upon its own lands goes even further in that direc- 

 tion than the State, so long as the open season of the State 

 law is not interfered with in any place where such law is 

 paramount. 



"It has always been the policy of the Government to invite 

 and induce the purchase and settlement of its public lands ; 

 and as the existence of game thereon and in their localities 

 adds to the desirability of the lands, and is a well-known 

 inducement to their purchase, it may well be considered 

 whether, for this purpose alone, and without reference to 

 the protection of the lands from trespass. Congress may not, 

 on its own lands, prohibit the killing of such game." 



In this opinion the Attorney-General further calls 

 attention to the difficulties of enforcing the State law, 

 and suggests that it might be well to give marshals 

 and their deputies, and the superintendents, super- 

 visors, rangers, and other persons charged with the 

 protection of these forest reserves, power on the 

 public lands, in certain cases approaching "hot pur- 

 suit," to arrest without warrant. All who are 

 familiar with the conditions in the more sparsely 

 settled States will recognize the importance of some 

 such provision. A matter of equal importance, 

 though as yet not generally recognized, is that of 

 providing funds for the expenses of forest officers 

 making arrests. It is often the fact that no justice 

 of the peace resides within fifty or a hundred miles 

 of the place where the violation of the law occurs. 

 The ranger making the arrest is obliged to transport 



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