Ward v. Race Horse

841
Decided Filed Supreme Court of the United States
Disposition
reversed
full scope · Majority with dissent
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Court
Circuit Court of the United States for the District of Wyoming
Filed
Decided
Judge
Ms. Justice White
Posture
Order granting habeas corpus and discharging appellee from custody
Appellant (presumably representing the State of Wyoming or its officials) (1)
Ward
Mr. Benjamin F. Fowler, Mr. Willis Van Decanter
v.
Appellee (defendant in habeas corpus proceeding) (1)
Race Horse
Mr. Attorney General

Overview

Reversed and remanded with directions to discharge the writ and remand prisoner to custody.

Case summary

Race Horse, a Bannock Indian, was prosecuted for killing elk in Wyoming in violation of state game laws. He claimed immunity under an 1869 treaty granting Indians the right to hunt on unoccupied U.S. lands. The circuit court granted habeas corpus and released him. The Supreme Court reversed, holding that the treaty right was temporary and intended to apply only until statehood. Wyoming's 1890 admission as a state on equal footing with original states impliedly repealed the treaty provision as applied within state boundaries, as it conflicted with the state's essential police power to regulate game. The Court emphasized that states possess plenary authority over game regulation within their borders, and treaty rights must yield when incompatible with state sovereignty.

Abstract

An Indian prosecuted for violating state game laws by killing elk claimed immunity under a treaty granting hunting rights on unoccupied U.S. lands. The Supreme Court held the treaty right was temporary, applying only until statehood, and was impliedly repealed by the state's admission on equal footing with original states, as it conflicted with the state's police power to regulate game. States possess plenary authority over game within their borders, requiring treaty rights to yield to state sovereignty.

Opinion of the court

Majority
opinion
Ms. Justice Whitejoined by Majority of Court
  • Treaty hunting right was temporary and precarious
  • Wyoming's statehood on equal footing implied repeal of conflicting treaty provisions
  • State police power over game regulation is essential to statehood
  • Treaty interpretation must consider context and congressional intent

Dissenting opinions

1
Dissenting Mr. Justice Brown

Jurisdiction

not challenged
Statutory basis
Rev. Stat. § 753; act of March 3, 1891, 26 Stat. 826
Subject matter
Habeas corpus proceeding alleging violation of U.S. Constitution, laws, and treaty rights
Jurisdictional holding
Jurisdiction existed due to federal question involving treaty interpretation
Jurisdictional facts
  • Appeal from order discharging appellee from custody
  • Petition based on violation of U.S. Constitution, laws, and treaty rights

Procedural posture

Posture at trial
Order granting habeas corpus and discharging appellee from custody
Posture on appeal
Direct appeal from circuit court habeas corpus decision
Preserved issues
  • Whether treaty gave Indians right to hunt in Wyoming in violation of state laws

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed
Remand proceedings
Case remanded to discharge writ and remand prisoner
Mandate issued
Not specified

Legal categories

Criminal

Case record

Full case name
WARD v. RACE HORSE
Docket number
841
Court
Supreme Court of the United States
Trial court
Circuit Court of the United States for the District of Wyoming
Trial court judge
Not specified
Filed
Decided
Opinion author
Ms. Justice White
Opinion type
published
Precedential status
precedential
Judges on panel
Ms. Justice WhiteMr. Justice BrownMe. Justice Bbewee

Issues & holdings

1
Issues raised
1
reversed
1
Holdings
Standard of review

de novo

Disposition rationale

Treaty did not survive Wyoming's statehood; state police power over game regulation prevails

Preservation

Issue preserved for review

Holdings of the court

Treaty hunting rights in state territory
The 1869 treaty hunting right did not authorize Indians to hunt in Wyoming in violation of state laws after Wyoming's admission as a state
Treaty right was temporary and precarious, intended to cease when lands became subject to state authority; Wyoming's admission on equal footing implied repeal of conflicting treaty provisions; state police power over game regulation is essential attribute of statehood
Majority (with dissent)binding precedent

Error analysis

  • Circuit court erred in granting habeas corpus based on treaty rights — legal · error foundNot applicable as error was legal misinterpretation · not applicable

Statutory interpretation

2
Statute
Treaty of 1869 with Bannock Indians
Question
Meaning of 'right to hunt on unoccupied lands of the United States'
Court's reading
Temporary right applicable only in hunting districts until statehood; not perpetual
Canons applied
Contextual interpretationAvoiding absurd resultsGiving effect to all language
legislative history considered
Statute
Act admitting Wyoming into Union (1890)
Question
Whether it repealed treaty hunting rights
Court's reading
Implied repeal due to conflict with state police power and equal footing doctrine
Canons applied
Equal footing doctrineImplied repealState sovereignty
legislative history considered

Burden of proof

Prosecution burden
Beyond reasonable doubt for criminal violation
Defence burden
Preponderance of evidence for treaty defense
Burden met
false

Standards of review

  • Treaty interpretation and conflict with statehood act — de novo Legal interpretation of treaties and statutes reviewed de novo

Timeline

Procedural path

Territorial government createdTreaty ratifiedStatehood grantedGame law enactedElk killedHabeas corpus granted
6
Events
10,021
Days, incident to ruling
—
Span
procedural eventcited in opinion

Congress passed act creating temporary government for Territory of Wyoming, with proviso protecting Indian rights

Outcome: Act enacted

Showed initial congressional intent to preserve Indian treaty rights in territory

Treaty interpretationStatehood implications
Congress United States not applicable
factual eventcited in opinion

Treaty took effect between U.S. and Bannock Indians, granting hunting rights on unoccupied U.S. lands

Outcome: Treaty ratified

Created contractual hunting rights at issue in case

Treaty interpretation
United States · Bannock Indians Not specified not applicable
procedural eventcited in opinion

Wyoming admitted as state with equal footing clause and no Indian rights reservations

Outcome: Statehood granted

Critical event triggering conflict between treaty rights and state authority

State sovereigntyTreaty abrogation
Congress · Wyoming United States not applicable
procedural eventcited in opinion

Wyoming legislature passed game regulation act

Outcome: Law enacted

State law violated by Race Horse

State police power
Wyoming legislature Wyoming not applicable
factual eventcited in opinion

Race Horse killed seven elk in Uinta County, Wyoming

Outcome: Violation of state game law

Triggering event for prosecution and habeas corpus

Treaty rights defense
Race Horse Uinta County, Wyoming not applicable
procedural eventcited in opinion

Circuit court granted habeas corpus and discharged Race Horse

Outcome: Release ordered

Decision appealed to Supreme Court

Habeas corpus relief
Circuit Court · Race Horse District of Wyoming trial court

Facts & evidence

Incident

Date
October 1895
Location
Uinta County, Wyoming (about 100 miles from Fort Hall Indian Reservation in Idaho)

Key facts

6 facts
  1. Race Horse, a Bannock Indian, killed seven elk in Wyoming
  2. Killing violated Wyoming game laws
  3. Location was unoccupied public land owned by U.S.
  4. Area was mountainous, used as cattle range, within election and school districts
  5. Treaty of 1869 gave Bannock Indians right to hunt on unoccupied U.S. lands
  6. Wyoming admitted as state in 1890 with no Indian rights reservations

Disputed questions

  • Whether treaty hunting right survived Wyoming's statehood

Procedural history

4 steps
  1. Information filed against Race Horse for violating game laws
  2. Race Horse taken into custody
  3. Habeas corpus petition filed and granted by circuit court
  4. Appeal to Supreme Court

Evidence in the record

Direct
  • Treaty text of 1869
  • Wyoming statehood act of 1890
  • Wyoming game law of 1895
Physical
  • Elk killed
Documentary
  • Treaty documents
  • State statutes
  • Territorial acts
Circumstantial
  • Historical context of treaty making
  • Advancement of white settlements

Objects of relevance

Elk (game animals killed)Unoccupied public lands of the United States

Policy considerations

  • Preservation of state sovereignty
  • Honoring treaty obligations
  • Balancing Indian rights with state police power
  • Promotion of settlement and civilization

Authorities

Cited authorities (4)

Geer v. Connecticut, 161 U.S. 519
followedprecedent
Cited for proposition that state power to regulate game cannot be questioned
Fong Yue Ting v. United States, 149 U.S. 698
followedprecedent
Cited for principle that act of Congress can supersede prior treaty
Pollard v. Hagan, 3 How. 212
appliedprecedent
Cited for equal footing doctrine that new states have same rights as original states
Kansas Indians, 5 Wall. 737
distinguisheddistinguished
Distinguished as involving tax exemptions on reservations, not general hunting rights

Related cases (5)

Geer v. Connecticut, 161 U.S. 519
precedent
Upheld state power to regulate game
Fong Yue Ting v. United States, 149 U.S. 698
precedent
Congress can supersede treaties
The Cherokee Tobacco, 11 Wall. 616
precedent
Congressional act paramount over prior treaty
Pollard v. Hagan, 3 How. 212
precedent
States admitted on equal footing possess same rights as original states
Kansas Indians, 5 Wall. 737
distinguished
Involved tax exemptions on reservations, not general hunting rights

Statutes

  • Treaty of 1869 (15 Stat. 673)
  • Wyoming statehood act of 1890 (26 Stat. 222)
  • Wyoming game law of 1895

Standards & doctrines

  • Equal footing doctrine
  • State police power over game
  • Implied repeal of treaties

Legal principles applied

  • Equal footing doctrine for state admissions
  • State police power as essential attribute of statehood

Notable quotes

“The power of a State to control and regulate the taking of game cannot be questioned.”
Ms. Justice White — Majority opinion discussing state police power
Affirms fundamental state authority over game regulation
“Equality of the constitutional right and power is the condition of all the States of the Union, old and new.”
Ms. Justice White — Citing Escanaba Co. v. Chicago on equal footing doctrine
Emphasizes that new states have same sovereignty as original states
“I regard the preservation of the public faith, even to the helpless Indian, as a matter of much greater importance.”
Mr. Justice Brown — Dissent arguing against implied treaty abrogation
Highlights moral and legal obligation to honor treaties
Index terms98
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Entities and documentation
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Action type
reversed
Target
circuit court judgment granting habeas corpus
Appealed from
Circuit Court of the United States for the District of Wyoming
Citation
70 Fed. Rep. 598
Context
Supreme Court reversed the circuit court's order discharging Race Horse from custody
Scope
full
Further instructions
Remand with directions to discharge writ and remand prisoner to sheriff's custody
Disposition vote
Majority with dissent
Action type
remanded
Target
case to circuit court
Appealed from
Supreme Court
Context
Case remanded for further proceedings consistent with opinion
Scope
full
Further instructions
Discharge writ and remand prisoner
Disposition vote
Majority with dissent
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