20 GAME REFUGES. 



former opinion, that there is no doubt in the world of the power of 

 Congress to control the lands that belong to the Federal Government 

 in . any way it sees fit, not as a monarch — by which I assume he 

 means that the United States, or Congress, could not provide any 

 special privileges in any special class of people — but as a trustee for 

 the benefit of all the people alike. 



I would urge the committee, since this is a very important question, 

 to examine those opinions of Attorney General Knox, who, himself, 

 I understand, was at that time, if not now, very much interested in 

 the protection of game. As stated, he reluctantly came to the con- 

 clusion that the Secretary of the Interior did not have the authority 

 to close the national forests to hunting, but that Congress had; and 

 in this second opinion he mans out, having been requested to do so, 

 the general principles undei lying a bill for the protection of game on 

 the national forests. Those suggestions of the Attorney General 

 are in substance followed in this bill, although I may say that at the 

 time the bill was prepared I understand that this opinion was not 

 read in connection with it. 



Mr. McLaughlin. What do you mean by that; the opinion had 

 been rendered ? 



Mr. Williams. Yes, sir; but I am not informed as to whether the 

 Attorney General's opinion was looked to in the drafting of this bill, 

 but coincidentally it follows pretty closely along the lines suggested 

 by the Attorney General for a bill of this kind. 



Mr. Jacoway. You can leave those pamphlets ? 



Mr. Williams. I will leave this copy of the Opinion of the Attorney 

 General, Mr. Chairman. I would request the committee to procure 

 the House report, which contains the other, as heretofore indicated. 



Mr. Jacoway. Is that what you have in your hand ? 



Mr. Williams. No, sir. This is a pamphlet containing rules and 

 regulations published some years ago by the Interior Department 

 when they administered the forests and they quote the opinion of the 

 Attorney General in the pamphlet. 



Mr. McLaughlin. That contains only the one opinion ? 



Mr. Williams. Yes, sir. The first opinion is reported in Twenty- 

 third Opinions of the Attorneys General, page 589. 



Mr. McLaughlin. And the other one is a House document? 



Mr. Williams. Yes, sir. 



I want to say that Mr. Mondell is absolutely correct when he states 

 that the States have authority over the protection of game. That 

 does not give the State a right to say that you may go upon the land 

 of John Smith and hunt game, for John Smith may say, "I am not 

 going to let you come upon my land to hunt game. I want the birds 

 here ; I want them either ornamentally or I want them because they 

 are insectivorous birds and they assist me in my agricultural endeav- 

 ors." A State can not force any man to permit another to go upon 

 his land and hunt. So the United States, as has been decided in 

 abundant decisions, being the owner of the land, not only has the 

 right of a private proprietor, but it has more than a private proprietor; 

 it may legislate for the protection of its land. Otherwise it would be 

 wholly at the mercy of the State legislatures to protect its land. Now, 

 that does not mean that Congress can pass a law to make it a crime 

 against the United States for a man to commit murder on the public 

 land; not by any means. It has not the right to do that, but it has 



