THE RACE HORSE CASE. 



447 



croach; that the privilege to hunt on adja- 

 cent territory was given him as long as 

 the necessities of civilization did not re- 

 quire otherwise; that the authority of 

 Congress to abridge this hunting right 

 was made manifest when in 1872 the Yel- 

 lowstone Park was carved out of this 

 hunting district and hunting within its 

 boundaries prohibited. The court specifi- 

 cally says that "the whole argument of the 

 defendant in error rests on the assump- 

 tion that there was a perpetual right con- 

 veyed by the treaty when in fact the privi- 

 lege given was temporary and precarious." 



The decision of the Supreme Court fully 

 vindicated the State, but was criticised 

 somewhat because it was claimed in some 

 quarters that the Indians had always 

 thought they had this right. That is true, 

 and it is also apparent from the vigor with 

 which Race Horse was defended that a 

 good many white people held the same 

 opinion. It was erroneous, however, and, 

 as a last word, I will quote the concluding 

 paragraph of the opinion: 



"Doubtless the rule that treaties should 

 be so construed as to uphold the sanctity 

 of the public faith ought not *o be departed 

 from. But that salutary rule should not 

 be made an instrument for violating the 

 public faith by distorting the words of a 

 treaty, in order to imply that it conveyed 

 rights wholly inconsistent with its lan- 

 guage and in conflict with an act of Con- 

 gress, and destructive of the rights of one 

 of the States." 



This, in brief, is the history of the pro- 



ceedings by which it was determined that 

 Indians have not a right to hunt within 

 a State in violation of its game laws, not- 

 withstanding a treaty which gives them 

 the privilege of hunting on unoccupied 

 lands of the United States. It was a ques- 

 tion never raised before it was brought 

 up in the Race Horse case. We had no 

 precedents to follow, but fought the case 

 to a successful conclusion on the general 

 principles of equity, humanity and com- 

 mon sense, which won, as they should win, 

 in all cases. 



The effect of the decision was far-reach- 

 ing. Colorado and many other of the 

 Western States accessible to the Indians at 

 once availed themselves of it to protect 

 their game from the wanton and wasteful 

 slaughter to which it had been for years 

 subjected. The effect of the restriction of 

 hunting by Indians in Wyoming was at 

 once noticeable in the increase of young 

 on the ranges, theretofore kept down by 

 the ruthless slaughter of the females and 

 their unborn young in the early months of 

 the spring. 



The only damage resulting from the in- 

 cident was to the reputation of the State 

 officials who brought the question to an 

 issue, and they have all survived. While 

 they regret that even one Indian should 

 have lost his life, and that they should 

 have incurred the censure of the all-power- 

 ful Eastern press, they feel they were but 

 doing their duty, and that time and the 

 logic of events will vindicate their course ; 

 and they are satisfied with the result. 



WHY IS A COW? 



His 5-year-old boy was perched on his 

 knee, and the fond father gazed at him 

 with eyes that beamed with paternal pride. 



"Papa" — pointing out of the window — 

 "what are those men doing over there?" 



"Building a housei my son." 



"Why?" 



"Because they are paid to do it." 



"Who pays them for doing it?" 



"The man who is putting the house up." 



"What does he pay 'em for?" 



"For building the house." 



"Why?" 



"Because— well, because they would not 

 build the house if he did not pay them." 



"What does the man want the house 

 for?" 



The paternal smile became rigid. 



"To live in," 



"Hasn't he got a house to live in?" 



"Oh, yes." 



"What does he want another one for?" 



"Oh, for other people to live in." 

 • "What other people?" 



"Oh, men and women and little boys and 

 girls." 



"Why do they want to live in the 

 house?" 



"Well, they must live somewhere." 



"Who?" 



"The people." 



"What people?" 



"Any people." 



"Why?" 



At this juncture the innocent, prattling 

 child saw a firm hand descending, and 

 hastily retreated in time to prevent a coll] 

 sion. — Tit-ftiK 



