Ward v. Race Horse facts for kids
Quick facts for kids Ward v. Race Horse |
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| Argued March 11–12, 1896 Decided May 25, 1896 |
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| Full case name | Ward v. Race Horse |
| Citations | 163 U.S. 504 (more)
16 S. Ct. 1076; 41 L. Ed. 244
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| Court membership | |
| Case opinions | |
| Majority | White, joined by Fuller, Field, Harlan, Gray, Shiras, Peckham |
| Dissent | Brown |
| Brewer took no part in the consideration or decision of the case. | |
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Overruled by
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| Herrera v. Wyoming (2019) | |
Ward v. Race Horse was an important case decided by the Supreme Court of the United States in 1896. It was about whether a treaty signed with the Bannock Indians gave them the right to hunt in Wyoming, even if it went against Wyoming's state laws. The Court had to decide if a state's power to make laws was stronger than an older treaty.
Contents
Hunting Rights and State Laws
This case looked at a specific part of a treaty from February 24, 1869. This treaty was made between the United States government and the Bannock Indians. Their reservation was located in what is now Wyoming.
The treaty said that the Bannock people "shall have the right to hunt upon the unoccupied lands of the United States so long as game may be found thereon." This meant they could hunt on lands not owned by anyone else, as long as there were animals to hunt.
The big question was: did this treaty right mean they could hunt in Wyoming even if Wyoming had its own laws against it? The Supreme Court had to figure out if the treaty was still valid after Wyoming became a state.
The Arrest of Race Horse
The case started when a man named Race Horse, who was a member of the Bannock tribe, was accused of breaking a hunting law. In October 1895, he hunted and killed seven elk in Uinta County, Wyoming. This was against a new law Wyoming had passed in July 1895, which set rules for hunting game in the state.
Race Horse was arrested by the sheriff. He then asked a court for a special order called a habeas corpus. This order asks a court to decide if someone is being held legally. Race Horse argued that his arrest was wrong because he was protected by the treaty.
Key Facts of the Case
Here are the main things everyone agreed on:
- The elk were killed in Uinta County, Wyoming. This was about 100 miles from the Fort Hall Indian reservation, which is in Idaho.
- Killing the elk was against Wyoming's state hunting laws.
- The place where the elk were killed was public land owned by the United States. It was a mountainous area, far from towns.
- However, settlers used this land for cattle. It was also part of Wyoming's election and school districts.
Wyoming Becomes a State
The area that became Wyoming was first set up as a territory in 1868. The law that created the territory said that it would not affect any rights that Indians had from treaties.
Then, on July 10, 1890, Wyoming officially became a state. When a territory becomes a state, it usually gains the same powers as the original states. The law that made Wyoming a state did not mention any special exceptions for Indian treaty rights. This was a key point in the case.
The Supreme Court had to decide if Wyoming becoming a state meant that the treaty's hunting rights were no longer valid within Wyoming's borders. They looked at whether a state's power to govern itself, including making hunting laws, could override an older treaty.
