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Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 67 It will also be remembered that the debt of the Indians to hunt was sustained bv the district court, am1 tho writ of hubeas curplla was issuail relensing thin Indian; but the doeision of this court was ovamulecl by rhe Sul,reme Conrt u ~Mt ay 25,18Y6. in an opinion in which it was held that the said fourth-article of the treaty todid not give the Indiana a right to hunt on the unoccupied lands of the United States within the State of Wyoming contrary to the laws of that State. At the time that the srrangement wee made for the testing of the law, as has been above described, this Indian, who was only one of a number charged by the State with violations of its game laws, was at liberty and on his reservation in the State of Idaho, and none of the Indians were at that time in the custody of the State, those that had been arrested and tried having been releaeed. In view of the ciroumstanoes leading up to the arrest of this Indian, and the purposes for which the arrest was made, I fully concur with the Attorney-General in the belief that this Indian should not he further punished, and I am satisfied that the position of the State of Wyoming in the premises having been :indicated by the Supreme Court the authorities of that State would be willing to arrange the matter without further molesting the Indian. I have the honor, therefore, to inclose s, copy of the Attorney-General's letter with recommendation that the governor of the State of Wyoming be eommunioated with with a view to securing the settlement of the matter without further punishment of the Indian. The Department on Juue 23, 1896, communicated with Governor Richards, of Wyoming, concerning the case, and on July 1,1896, received his reply, as follows: I have the honor to aokuowladge the reoeipt of your letter of June 23,1896, inolos-ine letters from the Attorney-General and the Commiaaioner of Indian Maim relatins ~ -- - to the Bannook Indian, Raoe Horse. In these letters it ia suggested that this Indian should not he further punished, aa the case in which he is r defendant was an agreed osse to test the law. Th e State has no intention of inflicting upon Raoe ~ o r s teh e puuiahrnent to which he is liable under our stah~tesb, ut does desire to close up the case in such a way that he and all of the Indians who claimed hunting privileges under their treaty will nnderstand that they have no such rights and are amenable to the authority of the State if they kill game in violrution of our statutes. To acoomplish this purpoae, I believe it to be best to have Race Horse brought before Judge Riner upon July 14, as he desirea, to be turned over to the sheriff of Uiets. County, who will take him before Judge Knight, of the district oourt for that oounty. Upon thia being done, I am assured by County and Pmaeouting Attorney Hamm of Uiuts County that he will st once move the discharge of the prisoner, and there is no doubt that Judge Knight will so order. I believe this course to be best bath for the 1ndi:tn Depwtment and the State. Raoe Horse and the Indians who aooompanied him were much pleased with Judge Riner'a decision and returned to Fort Hall oonvinoed that the State authorities had no power over them. It will be a difficult matter to get them to understand that the contrary is t n ~ we hile they are allowed to go unmolested and even uncensured for the violation of ouf laws. If their experience iu t,his matter has taught them anything, it is that they are only amenable to the Federal authority. Upon the other hand, if Race Horse i8 brought baek to the distriot court of Uinta County and Jndge Knight informs him that be has the power to punish him for the offense ha hss committed, hot upon this oooasion will dealleniently with him and forgive him on aceomt of his ignoranoe of the law, the lesson will be one that lie and a11 other Indiana will comprehend, and its effect will he to CSU80 them to respect State and county sothority, which will nave the Department and the State a vast amount of trouble. I therefore rwpectfnlly request that Race Horse be returned to the custody of Sheriff Ward, of Uinta County, in accordanoe with the mandate of the Supreme Court. |