560 GAME LAWS. 



being that the game could not be consigned to a common 

 carrier, which prevented its becoming an article of general 

 commerce and thereby materially decreased the amount 

 killed." 



An act forbidding the killing of deer for ten years is not 

 in conflict with the contitutional provision that the inhabit- 

 ants of the State should have liberty in reasonable times 

 to hunt, etc., under proper regulations.^^ And a statute 

 making it a misdemeanor to sell or ofifer for sale the hide 

 or meat of any deer is not in excess of the police power of the 

 State; nor is a police regulation making it an ofifense to buy 

 and sell deer-meat within the State cut from an entire car- 

 cass from without the State unconstitutional as an attempt to 

 regulate interstate commerce.^^ 



The subject of destroying or selling game in the close 

 season is treated of in the next section. 



The provision in the treaty with the Bannock Indians that 

 they should have "the right to hunt upon the unoccupied 

 lands of the United States so long as game may be found 

 thereon and so long as peace subsists between the whites and 

 Indians on the borders of the hunting districts" was held to 

 confer a privilege of merely limited duration, and to be re- 

 pealed by the act admitting the Territory of Wyoming into 

 the Union, as it was not intended to give them the right to 

 exercise the privilege within the limits of that State in viola- 

 tion of its laws.^* 



A statute and order of the Secretary of the Treasury for- 

 bidding the killing of otters by any but natives was held not to 

 prohibit a company from taking natives on board under an 

 agreement and usually purchasing skins from them, though 

 each native was free to sell his skins elsewhere." 



The State has, of course, the right to demand that no one 



" State V. Chapel, 63 Minn. 535. " State v. Norton, 42 Vt. 258. 

 " Ex parte Maier, 103 Cal. 476. 



" Ward V. Race Horse, 163 U. S. 504, reversing 70 Fed. Rep. 598. 

 " The Kodiac, 53 Fed. Rep. 126. 



