92 GAME COMMISSIONS AND WARDENS. 



a statute prohibiting Indians from carrying firearms of any kind out- 

 side a reservation, and authorizing the seizure and confiscation of 

 such arms. Colorado mentions the Indian only in connection with 

 other persons affected by the law, so that in this State his relations to 

 the game law do not differ from that of others. Arizona provides: 



Any Indian who, in the Territory of Arizona, at any time, shall hunt, take, pur- 

 sue, kill, or destroy any game or fish mentioned in this act, off the Government 

 reservation to which he belongs, shall be guilty of a misdemeanor. (Laws of 1905, 

 ch. 25, sec. 22). 



The game law of North Dakota deals with this subject more at 

 length, and is a clear exposition of the status of Indians in this coun- 

 try. Under this law it is illegal for an Indian who is a ward of the 

 Federal Government to hunt anywhere in the State, except upon In- 

 dian reservations, unless he takes out a regular hunting license. The 

 section is as follows: 



Sec. 7683f. Indians subject to game mws. — It shall be unlawful for any Indian who 

 is a ward of the United States Government to hunt on any lands within this State at 

 any time, except upon such lands as are known to be Indian reservation lands. It 

 shall be the duty of the district game wardens, their deputies, and all peace officers 

 of this State, to arrest any Indian found hunting in violation of this act. It shall be 

 the duty of the States attorney in any county within this State to prosecute any 

 Indian so arrested under the provisions of this chapter, and, upon conviction, such 

 Indian shall be deemed guilty of a misdemeanor and be punishable by a fine of not 

 less than twenty dollars nor more than fifty dollars, or may be imprisoned in the 

 county jail not less than ten days nor more than thirty days, or may be subject to 

 both such fine and imprisonment; provided, that the provisions of this section shall 

 not apply to any Indian who takes out a permit to hunt as provided for other 

 persons. 



The peculiar character of Indian reservations, in view of the rela- 

 tion of the land to the State or Territory in which situated and of the 

 Indian to the General Government, makes it important that the ques- 

 tion of jurisdiction in cases of violation of the game and fish laws on 

 Indian reservations or by reservation Indians shall be clearly stated. 



On March 3, 1885, Congress passed an act relating to Indian reserva- 

 tions defining certain acts as crimes and giving jurisdiction of offenses 

 under the act to the Federal Government. (23 Stat., 385). The list 

 of crimes included nothing relating to game as such. Since this act 

 was passed several questions have been raised and the decisions of the 

 higher courts have made its interpretation so clear that its construc- 

 tion is easy. The United States Supreme Court in United States v. 

 Kagama (118 U. S., 375) decided that Congress had jurisdiction to 

 pass the act and the right to give jurisdiction to the Federal courts. 

 Justice Miller in announcing the decision of the court says: 



These Indian tribes are the wards of the nation. They are communities dependent 

 on the United States; dependent largely for their daily food; dependent for their 

 political rights. They owe no allegiance to the States, and receive from them no 

 X>rotection. * * * From their very weakness and helplessness, so largely due to 



