GAME REFUGES. 23 



The United States can prohibit absolutely or fix the terms on which its property- 

 may be used, and can withhold or reserve the land indefinitely, and this without 

 the consent of the State in which it is situated. 



The confusion that arises in the consideration of the question 

 involved in this bill now before the committee grows out of the Race 

 Horse case and the Geer case. I should like to state to the com- 

 mittee very briefly just what those cases involve. 



Mr. Jacoway. It constitutes who shall exercise jurisdiction over a 

 crime or misdemeanor ? 



Mr. Williams. That the State may regulate the hunting of game. 



Mr. Jacoway. Both of those cases were not upon that point ? 



Mr. Williams. Yes, sir. That does not mean that the State can 

 give a man the right to go upon your land and hunt game. 



Mr. Mondell. Has anyone contended for any such right anywhere 

 at any time ? 



Mr. Williams. Such is the effect of claims that have'been made. 



Mr. Mondell. You say that it does not give the State the right 

 to allow people to go on land contrary to the will of the owners. No 

 one has contended anywhere at any time that the State had any 

 such right. That is not a question involved. 



Mr. Williams. How can you contend, then, that the State has 

 the right to put people upon the Federal lands ? 



Mr. Mondell. Nobody has suggested that the State has that right 

 on Federal lands. 



Mr. Williams. I understand you to say that Congress has not the 

 right to close these areas and prohibit people from hunting on them, 

 and that this bill proposes to do so. 



Mr. Mondell. That is a very different proposition. They are 

 asserting that the Secretary of Agriculture claims that the State has 

 the right to send people onto the land ? 



Mr. Williams. I did not mean to say that. 



Mr. Mondell. You said that two or three times. 



Mr. Williams. That is the inevitable result of the claim that is 

 made. If you say that the Federal Government has not the right to 

 prohibit people going on Federal land to hunt game then it must 

 follow that they have the right to go on there to hunt game. Is not 

 that the inevitable conclusion ? It would certainly seem so to me. 



Mr. Jacoway. You stated a while ago, as near as I can use your ex- 

 act language, "I concede the position taken by Mr. Mondell in which 

 he asserts that the States have complete jurisdiction over the game of 

 the State." 



Mr. Williams. The protection of the game of the State; that is abso- 

 lutely true. 



Mr. Jacoway. That is what you meant ? 



Mr. Williams. Yes, sir. 



Mr. Jacoway. Then, in order to carry out the provisions of this bill, 

 as I understand, the only way you would get control is for the Govern- 

 ment to say, "This dominion here is Federal Government land, and 

 we will prohibit trespass upon it, without any intention whatever to 

 exercise any jurisdiction over that which the State now owns, to wit, 

 the game." Is that your opinion? 



Mr. Williams. If you mean that the fee simple relates to the 

 land 



Mr. Jacoway. No; I am talking about game. 



