THE RACE HORSE CASE. 



Extract from the Speech of ex-Governor W. A. Richards, at the Annual Dinner of the L. A. S. 



In the summer of 1895 the State of Wyo- 

 ming achieved an unenviable notoriety on 

 account of an attempt to prohibit the wan- 

 ton destruction of game by Indians. The 

 severe adverse comments made on the ac- 

 tion of the State authorities by the press 

 of the Eastern States was due largely to 

 a misapprehension of the facts. It is 

 with a view to correcting these erroneous 

 opinions, even at this late date, that I avail 

 myself of the invitation to say a few words 

 concerning the Indian troubles in Wyo- 

 ming that year and the case of John Ward 

 vs. Race Horse, in the determination of 

 which the Supreme Court of the United 

 States effectually settled the controversy. 



For several years preceding the time of 

 this trouble 'there had been friction be- 

 tween the State authorities and the Indians 

 in regard to the killing of game. While a 

 Territory, the officers were unable to en- 

 force the game laws against the Indians 

 by reason of the provision in the act cre- 

 ating the Territory of Wyoming to the 

 effect that nothing in said act should be 

 construed to impair the rights of person 

 or property then pertaining to the Indians 

 in said territory as long as such rights 

 should remain unextinguished by treaty 

 between the United States and such In- 

 dians. 



When in 1890 Wyoming was admitted 

 to the Union of States its officers believed 

 they had authority to enforce the statutes 

 of the State in respect to fish and game, as 

 well against Indians as against white peo- 

 ple. Their attempts to do this, however, 

 met with poor success for the reason that 

 the Indians were informed by those having 

 them in charge that they had a right to 

 hunt on any vacant public land. Numer- 

 ous arrests of Indians were made for vio- 

 lation of the game laws, small fines were 

 imposed, which were generally paid either 

 by themselves or by their agents, and the 

 depredations were continued. In July. 

 1894. the celebrated Sioux chief, Red 

 Cloud, together with his son, Jack Red 

 Cloud, a chief named Dreaming Bear and 

 several other Indians were arrested in 

 Natrona county for killing antelope. Un 

 their promise to abstain from any further 

 depredations of this character their fine 

 was remitted and they were released; but 

 in a short time they were again arrested 

 for a similar offense, and this time were 

 imprisoned until their fine was paid. 



During the campaign of 1894. preceding 

 my election as Governor, I heard a great 

 many complaints of the wanton destruc- 

 tion of game by the Indians, and prom- 



ised to do what I could to remedy this 

 evil. In accordance with my recommenda- 

 tion to the Legislature of 1895, a game 

 law was enacted which, in addition to lim- 

 iting the killing of game to the months 

 of September, October and November, 

 also limited the quantity which might be 

 taken to that which might be needed for 

 immediate use, and required that any non- 

 resident desiring to hunt within the State 

 should first obtain a license, for which he 

 would be required to pay the sum of $20. 

 That was the first time in Wyoming that 

 a license had been required, and it was in- 

 tended principally to prevent the hunting 

 in that State by Indians from the adjoin- 

 ing States. In June of the same year, 

 having been informed that Indians from 

 Idaho were wantonly killing game in large 

 numbers simply for their hides, I reported 

 the matter at considerable length to the 

 Secretary of the Interior with the request 

 that instructions be issued prohibiting In- 

 dians from hunting in Wyoming in viola- 

 tion of its game laws. I presume this let- 

 ter was properly referred to somebody, 

 but I know the action requested was not 

 taken, or if any orders were issued to that 

 effect they were not complied with. 



The Indians continued to flock Into 

 Wyoming from Idaho, with passes from 

 the agent at Fort Hall. On receiving re- 

 ports from the officers of that portion of 

 Uinta county generally known as Jack- 

 son's Hole, to the effect that the Indians 

 absolutely ignored the law and defied the 

 law officers, I instructed them to cause the 

 arrest of any Indians who might be found 

 committing the depredations complained 

 of. Several parties were arrested, tried 

 before a justice of the peace, and nominal 

 fines imposed, which were remitted. That 

 only led the Indians to think they could 

 not be punished for their unlawful acts, 

 and made them bolder and more insolent. 



Finally the trouble culminated when the 

 arrest was attempted of a party of 16 In- 

 dians, who were killing elk indiscrimi- 

 nately and in large numbers for their hides 

 alone, leaving the carcasses to rot. Tin- 

 evidences of this wanton destruction were 

 to be found in many places. When the 

 constable attempted to arrest this, hand he 

 was forcibly resisted and run out ol the 

 camp and out of that part of tlu country at 

 the muzzles of half a dozen Winchesters. 

 Not being inclined to surrender the en- 

 tire country to the Indians he raised a 

 posse of about 20 men, went back and ar- 

 rested the entire party. On the way to the 

 office of the justice of the peace at Marys- 



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