Overview
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 Wyoming's 1890 admission as a state on equal footing with original states impliedly repealed the treaty provision as applied within state boundaries, as it conflicted with the state's essential police power to regulate game.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 The Supreme Court held the treaty right was temporary, applying only until statehood, and was impliedly repealed by the state's admission on equal footing with original states, as it conflicted with the state's police power to regulate game.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
opinionMs. 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
1Jurisdiction
not challenged- Appeal from order discharging appellee from custody
- Petition based on violation of U.S. Constitution, laws, and treaty rights
Procedural posture
- Whether treaty gave Indians right to hunt in Wyoming in violation of state laws
Subsequent history
Legal categories
Case record
Issues & holdings
de novo
Treaty did not survive Wyoming's statehood; state police power over game regulation prevails
Issue preserved for review
Holdings of the court
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
2Burden of proof
Standards of review
- Treaty interpretation and conflict with statehood act — de novo Legal interpretation of treaties and statutes reviewed de novo
Timeline
Procedural path
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 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
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
Wyoming legislature passed game regulation act
Outcome: Law enacted
State law violated by Race Horse
Race Horse killed seven elk in Uinta County, Wyoming
Outcome: Violation of state game law
Triggering event for prosecution and habeas corpus
Circuit court granted habeas corpus and discharged Race Horse
Outcome: Release ordered
Decision appealed to Supreme Court
Facts & evidence
Incident
Key facts
6 facts- Race Horse, a Bannock Indian, killed seven elk in Wyoming
- Killing violated Wyoming game laws
- Location was unoccupied public land owned by U.S.
- Area was mountainous, used as cattle range, within election and school districts
- Treaty of 1869 gave Bannock Indians right to hunt on unoccupied U.S. lands
- 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- Information filed against Race Horse for violating game laws
- Race Horse taken into custody
- Habeas corpus petition filed and granted by circuit court
- Appeal to Supreme Court
Evidence in the record
- Treaty text of 1869
- Wyoming statehood act of 1890
- Wyoming game law of 1895
- Elk killed
- Treaty documents
- State statutes
- Territorial acts
- Historical context of treaty making
- Advancement of white settlements
Objects of relevance
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)
Related cases (5)
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 powerAffirms 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 doctrineEmphasizes 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 abrogationHighlights moral and legal obligation to honor treaties