June 6, 1896.] 
FOREST AND STREAM. 
451 
over navigable rivers within the State. The court, 
through Mr. Justice Field, said (p. 683): 
" But the States have full power to regulate within their limits 
matters of internal police, including in that general designation what- 
ever will promote the peace, comfort, convenience and prosperity of 
their people." 
And it was further added (p. 688): 
"Whatever the limitation upon her powers as a government while 
in a territorial condition, whether from the ordinance of 1787 or the 
legislation of Congress, it ceased to have any operative force, except 
as voluntarily adopted by her, after she became a State of the Union. 
On her admission she at once became entitled to and possessed of all 
the rights of dominion and sovereignty which belonged to the original 
States. She was admitted and could be admitted only on the same 
footing with them. * * * Equality of the constitutional right and 
power is the condition of all the States of the Union, old and new." 
In Card well v. American Bridge Co., 113 U. S. 205 
(1884), Escanaba Co. v. Chicago, supra, was followed, and 
it was held that a clause in the act admitting California 
into the Union, which provided that the navigable waters 
fact that Congress in creating the Territory ex- 
pressly reserved such rights. Nor would this case 
be affected by conceding that Congress, during the 
existence of the Territory, had full authority in the exer- 
cise of its treaty-making power to charge the Territory, 
or the land therein, with such contractual burdens as 
were deemed best, and that when they were imposed on 
a Territory it would be also within the power of Congress 
to continue them in the State, on its admission into the 
Union. Here the enabling act not only contains no ex- 
pression of the intention of Congress to continue the 
burdens in question in the State, but, on the contrary, its 
intention not to do so is conveyed by the express terms of 
the act of admission. Indeed, it may be further, for the 
sake of argument, conceded that where there are rights 
created by Congress, during the existence of a Territory 
which are of such a nature as to imply their perpetuity, 
and the consequent purpose of Congress to continue them 
ELK ON THEIR WINTER RANGE IN JAOKdOiTS HOLE. 
From photo, Jan. 9, 1896, by 8. N. Leek. 
within the State shall be free to citizens of the United 
States, in no way impaired the power which the State 
could exercise over the subject if the clause in question 
had no existence. Mr, Justice Field concluded the opin- 
ion of the court as follows (p. 212): 
"The act admitting California declares that she is 'admitted into 
the Union on an equal footing with the original States in all respects 
whatever. 1 She was not, therefore, shorn by the clause as to navi- 
gable water within her limits of any of the powers which the original 
States possessed over such waters within their limits." 
A like conclusion was applied in the case of Willamette 
Iron Bridge Co. v. Hatch (125 U. S. 1), where the act ad- 
mitting the State of Oregon into the Union was con- 
strued. 
Determining, by the light of these principles, the ques- 
tion whether the provision of the treaty giving the right 
to hunt on unoccupied lands of the United States in the 
hunting districts is repealed, in so far as the lands in such 
districts are now embraced within the limits of the State 
of Wyoming, it becomes plain that the repeal results 
from the conflict between the treaty and the act admit- 
ting that State into the Union. The two facts, the privi- 
lege conferred and the act of admission, are irreconcilable 
in the sense that the two under no reasonable hypothesis 
can be construed as coexisting. 
The power of all the States to regulate the killing of 
game within their border will not be gainsaid, yet, if the 
treaty applies to the unoccupied land of the United States 
in the State of Wyoming, that State would be bereft of 
such power, since every isolated piece of land belonging 
to the United States as a private owner, so long as it 
continued to be unoccupied land, would be exempt in 
this regard from the authority of the State. Wyoming, 
then, will have been admitted into the Union, not as an 
equal member, but as one shorn of a legislative power 
vested in all the other States of the Union, a power result- 
ing from the fact of statehood and incident to its plenary 
existence. Nor need we stop to consider the argument 
advanced at bar, that as the United States, under the 
authority delegated to it by the Constitution in relation to 
Indian tribes, has a right to deal with that subject, there- 
fore it has the power to exempt from the operation of 
State game laws each particular piece of land owned by 
it in private ownership within a State, for nothing in this 
case shows that this power has been exerted by Congress. 
The enabling act declares that the State of Wyoming is 
admitted on equal terms with the other States, and this 
declaration, which is simply an expression of the general 
rule, which presupposes that States, when admitted into 
the Union, are endowed with powers and attributes equal 
in scope to those enjoyed by the States already admitted, 
repels any presumption that in this particular case Congress 
intended to admit the State of Wyoming with diminished 
governmental authority. The silence of the act admitting 
Wyoming into the Union as to the reservation of rights in 
favor of the Indians is given increased significance by the 
in the State, after its admission, such continuation will, 
as a matter of construction, be upheld, although the 
enabling act does not expressly so- direct. Here the 
nature of the right created gives rise to no such implica- 
tion of continuance, since, by its terms, it shows that the 
burden imposed on the Territory was essentially perish- 
able and intended to be of a limited duration. Indeed, 
the whole argument of the defendant in error rests on 
the assumption that there was a perpetual right conveyed 
by the treaty, when in fact the privilege given was tem- 
porary and precarious. But the argument goes further 
than this, since it insists that, although by the treaty the 
hunting privilege was to cease whenever the United 
States parted merely with the title to any of its lands, yet 
that privilege was to continue, although the United 
States parted with its entire authority over the capture 
and killing of game. Nor is there force in the suggestion 
that the cases of the Kansas Indians (5 Wall. 737) and the 
New York Indians (5 Wall. 761) are in conflict with these 
views The first case (that of the Kansas Indians) involved 
the right of the State to tax the land of Indians owned 
under patents issued to them in consequence of treaties 
made with their respective tribes. The court held that 
the power of the State to tax was expressly excluded by 
the enabling act. The second case (that of the New York 
Indians) involved the right of the State to tax land em- 
braced in an Indian reservation which existed prior to 
the adoption of the Constitution of the United States. 
Thus these two cases involved the authority of the State 
to exert its taxing power on lands embraced within an 
Indian reservation, that is to say, the authority of the 
State to extend its powers to lands not within the scope 
of its jurisdiction, while this case involves a question of 
whether where no reservation exists a State can be 
stripped by implication and deduction of an essential 
attribute of its governmental existence. Doubtless the rule 
that treaties should be so construed as to uphold the sanc- 
tity of the public faith ought not to 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 language and in conflict with an act 
of Congress, and also destructive of the rights of one of 
the States. To refer to the limitation contained in the 
territorial act and disregard the terms of the enabling act 
would be to destroy and obliterate the express will of 
Congress. 
For these reasons the judgment below was erroneous 
and must therefore be reversed, and the case must be re- 
manded to the court below, with directions to discharge 
the writ and remand the prisoner to the custody of the 
sheriff. 
And it is so ordered. 
Mr. Justice Brewer, not having heard the argument, 
takes no part in this decision. 
THE PASSING OF PETER. 
Peter was a bull pup. This would exhaust the biog- 
raphy of Peter were it not for one very queer event that 
occurred in his career. 
Like all bull pups since the world began, Peter wore an 
aspect far from frivolous. He waB very much alive all 
the time, and even to the wayfaring man it was plain 
that he possessed the courage of his convictions 
Our party numbered three, on piscatorial pleasures bent, 
and it was in the sunny month of June that we launched 
our log canoe at the Meadows, near the head of Cain's 
River, with intent to make the journey of eighty odd 
miles to the mouth of the stream. We took Peter with 
us for the sake of his society. We relied on him to give 
us timely notice of the presence of large and ravenous 
animals that prowled around our tent by nigbt. 
There is no river in New Brunswick quite equal to Cain's 
River for the wildness and weirdness of its scenic fea- 
tures. For a distance of fifty miles or so after you leave 
the Meadows there iB not a trace of human presence, 
save as you may chance upon the charred and 
cheerless relics of some ancient camping place, or the 
barely discernable break in the foliage that marks the 
trail of the trapper or timber cruiser. 
Along the upper courses of the stream, where the cur- 
rent flowing slowly through the black marsh mould 
hardly exceeds the volume of a fair-sized brook, the alder 
thickets on either side in a tangle of riotous vegetation 
form a thick leafy arch above the stream, through which 
upon a windy noon the sunshine shifts in fluttering, flick- 
ering opalescent flakes of green and gold. After that the 
river flattens out into sandy shallows, where the bubbles 
seek the shore, and where somber masses of spruce and 
fir, flanked by ridges of tawny beech and gleaming birch, 
cast their shadows on the tide. There is weary work upon 
the towline and the setting pole until these shoals are 
passed. Then comes a long succession of rapids, where 
the tortured water flecked with foam pours over ledgps 
of rocks brown and bare, and on either hand high chffe 
arise, scourged by forest fires and seamed and scarred 
with the warfare of the ages. At last the river, rein- 
forced by other streams, assumes the shape of a series of 
ponds or dead waters, deep and motionless, where the 
eternal stillness is broken only by the rattle of the king- 
fisher, the whistle of the snipe, the leap of the salmon or 
the splashing flight of ducks. 
The sportsman who seeks this solitude is as far removed 
from the outer world, its joys, its woes, its multiform ac- 
tivities, as though he were translated to the planet Mars. 
It seemed that way to us and perhaps it seemed so to 
Peter. 
From the very inception of our wanderings Peter ex- 
hibited a laudable but excessive sense of duty. He ap- 
peared to think the safety of the expedition rested solely 
on his vigilance. Day after day as we plied our setting 
poles he stood upright in the bow of the canoe,, a monu- 
ment of conscientious solicitude. He whined uneasily as 
we wound our sinuous way through the alder tunnels, he 
growled and barked as we tossed about in the rapids, and 
at times he became suddenly aware of the presence cf 
unseen enemies and dashed overboard and into the woods 
that lined the shore. It was at night though that Peter's 
vagaries became chronic. He always took up his position 
at the door of the tent, with his cold muzzle resting on 
his paws, and seldom failed before morning to startle us 
from our slumbers by his loud barking and savage sorties 
into the surrounding gloom. 
We never could discover that Peter had any just 
grounds, such as would commend themselves to a jury of 
reasonable dogs, for these apprehensions. We never ob- 
served that he shed any blood of bird or beast, or put any- 
thing to flight except our peace and patience. He simply 
shattered the silence and left us to pick up the pieces. 
We came to the unanimous conclusion that Peter was a 
nuisance of the first magnitude and should have been left 
at home. 
Still the rackets he kicked up in the dead cold hours of 
the night amid these wild, primeval solitudes were so ap- 
palling that we had not the nerve to treat them with 
contempt. The mystery of the wilderness hangs heavily 
on the minds of men, and especially at night, when it is 
reinforced by the kindred mysteries of silence and dark- 
ness. When these alarms occurred we usually sprang to 
our feet, seized our weapons, fell over ourselves mora or 
less in our haste to reach the flap of the tent, and then 
after vainly peering into the shadows where Peter was 
fiercely barking we stirred up the sunken fire with divers 
innocuous epithets and sadly sought our couches, perhaps 
to sleep no more that night. Peter was becoming exces- 
sively unpopular. 
On the fifth day of the trip we poled about twenty-five 
miles and landed hungry, wet and weary at the foot of a 
high bluff, the summit of which offered as fine a camping 
site as any one could wish. A party of caribou hunters 
had evidently tarried there a year or two before. The 
ridge pole of their tent still rested in the forks, the tire 
hole inclosed on three sides with stones gathered from 
the beach was just as the builders had left it, and even 
the ehiploguoggan or pole from which the inevitable ket- 
tle of tea is huug was in its proper place. We recognized 
ourselves as the rightful heirs of this abandoned property, 
took possession of the premises, threw our tent over the 
old ridge pole, and kindled our fire within the inclosure 
of stones. The only unfavorable feature of the site 
was its height above the level of the landing, 
which caused us to be hungry for breath by the time we 
had "portashed" all our camping furniture up the steep 
incline. When supper was disposed of and all made snug 
alow and aloft, with pipes lighted and feet to the fire, 
we lay upon our soft and fragrant beds of balsam, ana 
watched in drowsy silence the hosts of darkness as they 
chased the retreating light over the western hills. Our 
situation was one of ideal comfort and repose of mind and 
body. The weather was clear and cold, the flies had 
vanished like a dream, and every star in the sky seemed to 
shine its brightest. 
I never heard such a chorus of whippoor wills as we 
listened to that evening. The woods were full of them, 
and the echoes of their mystic music in the gorg^ below 
us and from the opposite bank of the stream, mingled 
with the river's brawling monotone, resulted in a medley 
of sounds the memory of which is with me yet. There 
