The following is Revised Statutes of 1903. Chapter 4, Sec. 88 to 91, amended and extended by Act of 1907, Chapter 27, and Act of 1909, Chapter 143, 182 and 237. This is copied from advance sheets of Revised Statutes of 1916 (not yet enacted as such but which correctly gives the law as enacted by the Revised Statutes of 1903, amended and extended by the Statutes of 1907 and 1909 above referred to). "Chan. 4. Public Parks and Squares. Sec. 74. Cities and towns may choose by ballot, three park commissioners, to hold office one, two, and three years, respectively, . and after the first year choose annually a commissioner for three years in place of the one whose term expires; they shall have the care andsuperintendence of the public parks and direct the expendi- tures of all moneys appropriated for the improvement of the same. Sec. 75. Any town, as such, may receive, hold and manage devises, bequests or gifts for the establishment, increase or maintenance of public parks and playgrounds in such town; and may accept by vote of the legal voters thereof, any land in such town to be used as a public park or playground, or both combined. When any plantation is incorporated into altown, such gifts and the proceeds thereof fully vest in such town. Sec. 76. Any city or town, containing more than one thousand inhabitants, upon petition in writing signed by at least thirty of its tax-paying citizens, directed to the municipal officers, describing the land to be taken as hereinafter provided, and the names of the owners thereof as far as they are known, at a meeting of such town, or of the mayor, alderman and council of such city may direct such municipal officers to take suitable lands for public parks, squ-res, playgrounds, buildings for municipal purposes, or 8 public library building; and thereupon such officers may take such land for such purposes, but not without consent of the owner, if at the time of filing such metition, with such officers, or in the office of the clerk of such town or city, such land is occupied by a dwelling-house wherein the owner or his family reside. sec. 77. Whenever the municipal officers of such city or town are directed to take land as provided in the preceding section, they shall, within ten days, give written notice of their intention to take such land, describing the same, and the time and place of of D 2 D neer to modelate Desive al artwoffet ed is refend0 YOUR To 10A : hebnetxo Eight I 07 38 .59 YES from SAI SM Tedned EORI to # O A bits 831 staff houlver to ateade EOTY 501106 2/22 T we: + mark difference hadsers de Join) GERL to give of 1910 realive Badowns es events COPE bin TOOT 70 rededate 9dg gd 10.48 - DOTAL 10000g de GROONS - samed AND 201910 ... .000 9999 easis no , ord going bion us 987.40 not send home epondo ₹89; $25.27 and 1ethe has and 9960 Marie as proclese SPORT elio and 20 at BIRST Mrs add Sr. 0795 control Agral - IIv 10 sette cop store this ,ewed 206A 107.008 TO POLIS ~ O edestropt , reseived HOUR its extra to 00 medicism ries 21 from 53995 and to stoy id 109008 benidion adidas 90 63 off - Kore sweet otor of nolfAdual the .0900 dom at SPOT gift Teement phosoota eno maint OTOS ITO TO adidas ..... and northing month US PHI TO ehivore is needed 00 of oner art add payment Paint 80 steme off 30 semiur - this to them 00 have remolla ,Togen and to TO , wee done To Ed not bank exter 07 37051770 does $00915 33 Nature - min ******* slide the dom not basI do to anty add fore is estate page -antfiew5 S other haveners $17.50 958.00 1907 or 08/99711 979 to YES June or 2005 nes mindin be assis bases - YOUR notes hearing, by posting the same in two public places in the town where the land lies, and in the vicinity thereof, and by publishing the same in a newspaper printed in such city or town, seven days before the day of such hearing, if any, otherwise, in a newspaper printed in the county where the land lies, three weeks successively, the last publication to be seven days before such hearing. The municipal officers shall meet at the time and place specified in the notice, view the land to be taken, hear all parties interested, and if they decide that the land is suitable for the purpose, they shall take the same and estimate the damages to be paid to each owner, so far as known, and make return of their doings in writing signed by a majority of them, which return shall describe by metes and bounds the land so taken, and state the price for which it is taken, the names of the owners, so far a known, and the amount of damages awafded to each. The return shall be filed, and recorded in the clerk's office of such city or town, and & copy thereof, certified by such clerk, shall be recorded in the registry of deeds of said county. Sec. 78. Any person aggrieved by the estimate of damages may have them determined by written complaint to the supreme judicial court in the manner provided respecting damages for the establish- ment of town ways. When such damages are finally determined, they shall be certified to the clerk of such city or town, and paid by the treasurer thereof. Sec. 79. For the purpose of preserving and increasing the growth of trees on land abutting any public way. or located on uplands adjoining any navigable river or other body of water, cities and towns and the municipal officers thefeof, acting pursuant to sections seventy-six, seventy-seven and seventy-eight, may set aside and define such land, located as aforesaid, in width not exceeding five rods; and all trees and shrubs growing on said land shall be held as for park purposes, under the exclusive care and control of park commissioners, chosen as provided in section seventy-four, and it shall be unlawful for the owner in fee of of & 9200W 2000 one all 09006 bifding out al 97010 out of one andret date : has fasted timiniv eitt at has ,991£ Boar and erored SKOP noves .need TO this at roger were at omes receivement 2.01 247 t 40 tab add Fox/apasoms earne rate has with were trees ail al Home evole nover of 03 tast ... asst is tear flack 27057 to and its Test, boar 9.00 neiv coldo said not of fart soloe bas and any 9728 [[3d] - 500 00 TOATHO Reter doken for to and hearte Sold rel 95/79 are educate Fax been bay School Shi Des ent to before end before or {fads off career 5909 . han Norm abost 10 sidelysi one ri 9650003 ad Ifair Rose 2113990 ... 10000 Stop to to agencies and of MONTON in . .90F Internat economic and of Statement asid hon more even -daildabre and not griffereom Debiverq editist STUDE grave offerit ere general down and ....... NO to them bee to tis dois to at Mfare returned sit UTIPAS o accorded ent 10% .CV LOOP 939001 70. 137 colloug 10.3 quisside $9070 In - to ribed 30070 in avis ligete edt has 5.00 Unaver are noves- have travas againings 97000F No. 00/201 have with of with ( to bys ... Termo - and tagys said land or any other person to injure, remove, or destroy such trees or shrubs except as hereinafter provided. All proceedings relating to estimating and awarding damages provided in section seventy-six, seventy-seven and seventy-eight are hereby made applicable to proceedings hereunder; and such proceedings may also be commenced upon petition in writing signed by at least thirty taxpayers on real estate (owning taxable real estate in said town or city). Sec. 80. The preceding section shall not prevent the taking and clearing of so much of said land as may be necessary for public ways, nor abridge the right of the owner, or his tenant. to lay out a private way across the same, or to clear and improve SO much thereof as may be necessary for actual building purposes, provided the written consent of the municipal officers to open such way or construct buildings thereon be first obtained; nor except as provided in the preceding section shall the provisions thereof and of this section restrict the use and enjoyment of such land by the owner thereof, or authorize any persons to enter thereon, excepting municipal officers and park commissioners, and their agents, for the purpose of the preceding section. Whenever municipal officers refuse to give consent for laying out a private way or for cutting and clearing so much of said land as is necessary for immediate building purposes, when in writing requested so to do, such refusal shall be ground for a further award of damages to the owner as provided in section seventy-nine. Park commissioners may grant written license to the owner to do such cutting and clearing or said land as is consistent with the preservation and general improvement of the growth thereon. Sec. 81. If any city or town, having taken over lands as herein provided, fails to elect a board of park commissioners, the municipal officers shall have and exercise all the powers and duties of such commissioners. Cities and towns may appropriate money for the purposes of the two preceding sections, and said sections shall apply to every town, although containing less than one thousand inhabitants. & & done goidson TO event of noersq relie CAR to busi hise IIA hebiyosu reflaulored as Jeeexs adords TO POSTS - 4 on Avoides of withier 8.80 his - set Hours Type state or ed from is = at cen of the XI adidas the More List o as - 30 967 don STATE notices - 8d best dom Pp to Stor of traised 918 TO TOXIC 9.1 to off YOU of OF has 23052 of 20 NESS art SEOTOP ++++++ get wathfied Chistop :0 if form 1990 of fagistane nit tworn you 2012 ed 000 are énolsivors and Exads noitoes Theorit one ni 22 debosa date is Jana USU was 10/2008 ... archite more of the 100 ,700mail rd bast Ann myrrotepinrob year 582 87851148 Enginter 1694683 Synth and to and not adavits 3 do and car 10 avis of 0 961710 Is telmin TRANSPORT Food 188 to down Ca grinbers the *** 40 raw 69.00 million of new 9800300 and 909 04 20 breas 3 762 more ad Marie of emanol immos 40.89 Control dreven 0016898 at bebivoro 08 TOURD 9.12 Hous of of TOTYO and of shoosi 0 in - good from 973 el be into the app 9469 6.17 to (#10 mes your there Stored en the to time - to - 3.99 CAT edt to of are - ess' 1000 alamy Sec. 82. Whoever violates any provision of sections seventy- nine and eighty shall be punished by e fine not exceeding one hundred dollars, to be recovered on complaint, and shall also be liable to an action on the case, brought by the park commissioners or by a taxpayer, in the name and for the benefit of the town or city Wherein such offence is committed, for all damages sustained. Public Act of 1915, Chapter 177, Sections 1 and 2. Sec. I. Each city, town or plantation shall each year set aside five percent of the money raised and appropriated for ways and bridges to be used in cutting and removing all trees, shrubs and useless fruit trees, bushes and weeds (except shade trees, timber trees. cared-for fruit trees, and ornamental shruba) growing between the road limit and the wrought part of any highway or town way until all the trees, shrubs and worthless fruit trees, bushes and weeds have been once removed from the limits of such highway or town way, after which the owner of the land adjoining such highway or townway, shall each year, before the first day of October, remove all bushes, weeds, worthless trees and grass from the roadside adjoining his cultivated or mowing fields. The city, town or plantation shall care for all land not included in the above except wild land. Sec. 2. If any owner of such land shall fail to cut and remove said bushes, weeds, worthless trees and grass, on or before October first of each year, the mayor of any city, selectmen of any town, or assessor of any plantation wherein said land may be located shall cause said bushes, weeds, worthless trees and grass to be cut and removed. The actual expense of such cutting and removal shall be lien upon said land so adjoining said highway or town way, and shall be assessed and collected as a tax thereon. Dr. to molalvore 313 notatory reposit : of 06 UBAS bco exin ad only State hour takafages NO ad of bethard martinstance **** onl of different off no 03 of stealf Hibied build 20 the 0032 9.00 at 3 of xo $18.20 be at 0010110 town alama tots .8 PEP ,512 3.00 Io dea allows loan state noty treig to 2002 the door .. .008 any bas becier ence and to 0000000 evit obies Resea FI4 has grifted and best 00 on essaided 80020 shape 1005x8 above one asrand 80073 21093 Resion# sutword (comes fadnesses Page 890TS simp C or to test has timer had 9110 rebelled remend COOLS DAY adidas off the TAK yswdglr doira to stimil and 2017 bevomet 0000 used svad aboew bas yawdgid done matniotha breaf edj to Terwo ant doldw , gaw mw TO evoner 10 64.5 total add overed ,7303 fess Efade ,Tewnwoy to shipheor add more 28343 have 200T1 ,abeew IIB TO mood ttls adt subfor saiwom TO beterid.ru 316 508970 eveda gift at ton basi Its rot 0180 Linda molfstusfq 5flw 6.00 the of flat [fade final HOLD to TORWO 213 31 is 4008 9707ed TO no ERSTS 589 ensidthow ,Bleaw hise STOREY to ZMS to done so redota0 bedapot or 726 hear alasama notestably 698 to ICERBARR IO ,awot 786 ad 03 BASTA first 30070 profestrow ,85007 sedend 5188 08588 flads Elado (eventy has PRIJUIO dore to Inotos 945 , bevomet has TO blue on hurs liker moose roll of ADDRESS est 31 20 hoter FIGD best sd Ilade said land or any other person to injure, remove, or destroy such trees or shrubs except as hereinafter provided. All proceedings relating to estimating and awarding damages provided in section seventy-six, seventy-seven and seventy-eight are hereby made applicable to proceedings hereunder; and such proceedings may also be commenged upon petition in writing signed by at least thirty taxpayers on real estate (owning taxable real estate in said town or city). Sec. 80. The preceding section shall not prevent the taking and clearing of 80 much of said land as may be necessary for public ways, nor abridge the right of the owner, or his tenant. to lay out a private way across the same, or to clear and improve SO much thereof as maj be necessary for actual building purposes, provided the written consent of the municipal officers to open such way or construct buildings thereon be first obtained; nor except as provided in the preceding section shall the provisions thereof and of this section restrict the use and enjoyment of such land by the owner thereof, or authorize any persons to enter thereon, excepting municipal officers and park commissioners, and their agents, for the purpose of the preceding section. Whenever municipal officers refuse to give consent for laying out a právate way or for cutting and clearing so much of said land as is necessary for immediate building purposes, when in writing requested so to do, such refusal shall be ground for a further award of damages to the owner as provided in section seventy-nine. Park commissioners may grant written license to the owner to do such cutting and clearing or said land as is consistent with the preservation and general improvement of the growth thereon. Sec. 81. If any city or town, having taken over lands as herein provided, fails to elect 2 board of park commissioners, the municipal officers shall have and exercise all the powers and duties of such commissioners. Cities and towns may appropriate money for the purposes of the two preceding sections, and said sections shall apply to every town, although containing less than one thousand inhabitants. & Y dome goidson TO eventy grutes of NORTS relie GIR to CABS Mtee LIA bebiyosu reflundered as joooxs adorde TO POOT 3144 on of area dexeat and nevon- Proves exte - GROVER coffee leason Application 00 - by 7720 is to pangle SAZ and 200 led adidas the 02 adidas Fair arrand Make from 110.00 - 0 to 961 notification - 30 , the DRAT down cellite of trutized TORMC 9.1 to off to of Editor DE evered has zeers of 20 36.66 eat BEOTOP the cef wathfied Chistos to if reasons form lego Grabition of to adidas With Evaro 30h ert coare. deliverio site Encisiver art Exass Holdoes and ni 22 deboxa date Is bns solitaer . active Sperasa return of the 700 has year for 87651748 fagistance galhopesh and to reporting and not stend adavite the anigat not avis of DRIVER entric I telmin have tes to down CB get 1019 has 3019dro ⑉25 40 caw 68.00 at had 909 0.1 to his 3 5002 MADE od [seuten of amang't Immos No. theres 0018698 as babiyoto US ******* 917 done oh ct Tenno only for Shnebli NO Jim to - goo have divin el 08 sixe TO 6.0 94894 6.11 to - r 1070 resident 09702.00 this 2022 thefe inflat Wighed adidas - to - 100 OUT ede to survey of account set grindana reverse signed ........ : delive DEPARTMENT OF THE INTERIOR OFFICE OF THE SOLICITOR M. 11030. WASHINGTON Nov. 3, 1923. The Honorable The Secretary of the Interior. Dear Mr. Secretary: My attention has been called to paragraph 4 of the regulations issued July 26, 1922, for the care, protection, and management of the Lassen Volcanic National Park in the State of California which declares that "the park is a sanctuary for wild life of every sort, and hunting, killing, wounding, capturing or frightening of any bird or wild animal in the park is prohibited;" and I have been asked to express my opinion: (1) as to whether or not that regulation is valid and legally effective; (2) as "to the right of the Park Service Ranger to make arrests for its violation;" and (3) as to whether "guns, ammunition, and other equipment ( can) be (legally) taken from persons ordered from the park; this equip- ment to be returned to the owner at his expense at a later date." It appears that it has been asserted that the game laws of the State of California are applicable within this park to the exclu- sion of Federal statutes and regulations, and in view of the fact that questions may hereafter frequently arise relative to the respective rights of the Federal Government and the States to exercise numerous and varied police powers within national parks and other kindred res- ervations maintained by the United States, which ordinarily belong Copy for the information of Superintendent Dorr GHT HO HOTICITION HHT EO MOTOMIHOAW .080ff .ESCI & .VOM eldstonoH edit TOITSJNI edit to enT Ill rse anoitsIgner edt to s diggrestsg of beliss dread and coldness V ed t 20 bas ,9180 edt TOI ,ssef as becaut doldw to and III NIST Isnoitsm ofnecIoV measai bas FIEVS to bliw rot EIRSJONES B of edl" tent [smins bliw TO bild EAS to TO mofnigo VII eastque of bexes need eved I bas al offsco ed xi ;evifsgite Elisge bms bliev at moftsLoger Jant Joff TO redjedw of as (I) 201 rot adagite exam of 188ITEE DOLVISE NISE edlt to edt of" as (S) Iedto Date "anna" Tedtedw of as (8) brts -qtope aidd Misa edt not? MOTI mexia (VIIsgeI) ed (mso) ",975b rejer S ts semeque aid ts Tenwo edt of 9d of treat to awsf SILES edt tant betteses seed 880 JI Jenj streeque JI -sloxs and 03 NISA eidt middly efdeolIqas OTS to STATE edd Jadj tost ent to weiv ml bres ,anoftsLoger bre and Isrebel to note of eatts reffseted yem esforexe 05 aetate edt bas Istobet edit to address -207 Tedto bas axisq Isnoitsm middiw STSWOO estfog befrev 5mg aroled doldw bettuU odj yo bonistaism amoitsvis offectoral ess IOL 7700 what M. 11030. exclusively to the States, such as the protection of game (Patterson V. Kentucky, 97 U. S., 501, 503; Covington, etc. V. Kentucky, 154 U.S., 204,210; United States V. Boyer, 85 Fed. 225, 234; United States V. Shauver, 214 Fed., 154,156), I deem it advisable to here give the ques- tion submitted more extended consideration than might otherwise seem necessary. An answer to the first of these questions calls for an in- quiry as to when, and the extent to which Congress may constitutionally legislate for the protection of game within a State; and then as to whether the statute under which the regulation mentioned justifies its drastic provision. It has long been well settled that the power to enact and enforce laws for the protection of game, being the exercise of a pure- ly police power, resides alone with the several States (Creer V. Con- - necticut, 161 U.S., 519; Ward V. Race Horse, 163 U.S., 504); and can not be exercised by Congress (U.S. V. Shauver, 214 Fed., 154; United States V. McCullagh, and others, 221 Fed., 288), except: (a) as to specified aareas over which the States have ceded and relinquished their legislative control and political jurisdiction to the United States: (b) where legislation by Congress is necessary to effectuate the terms of treaties; (c) where the exercise of a power analogous to the police power is necessary to the Federal Government's protection or use of its own property; or (d) where the exercise of such a power -2- .08011 .M .V entag to edt as doss , edit of Vleviaulaxe .8.U ACI ,&08 , 108 ..2 .U ve +V aetaj8 betinU :AES ,ass .bo'l as ,287.08 .V betinU :OIS,DOS add evis STED of eIdsaivbs JI meeb I ...be AIS 1992 salwredgo tigin cant STOO bestimotora noit -II ITS IOI allso to Jarfi edd of Towans NA VSIII dolow of edt bas ,Neew of 88 KTIPP of as red's bas S mindlw emer to edt IOI etelaiger att benolinem moltsluger self doldw rebase exercate edt Teddedw offects Bas tosae of ISWOCI adt Jant beltea [few feed 3001 and II 8 to edt gailed enter 20 edt 103 aws. -000 V 2018 STOVES edit dilly errors agbiast soffoq pl NSD bas : (408 ..2.U gar ,SETOH 998H .V 5TSW ..E.U Iar bodimu :421 .50 DIS .V .E.U) gd beatsters ed Jon of as (3) (88S ...so't ISS asedio brs .V bedairpaffer bas bebec evad edt doldw Ievo 80018 beltipeqa betinu edt of Isofflfog brs evitsfaigef stent of ai you nolfsfalgef stedw (d) : of enogolams Tewog s 20 add every (o) to emet edt holfbedore Istober edt of at Tewoq soffoq ent remog a done to eafotexe edt Stedw (b) TO two att to easy TO -S- M. 11030. is necessary or convenient to facilitate or effectuate the execution of some law enacted, or the carrying out of any project or policy under- taken by Congress with the sanction of the Constitution. It is declared by article 1, section 8, clause 17 of the Federal Constitution that Congress has the power to exercise exclusive legislative jurisdiction over "all places purchased by the consent of the legislature of the State in which the same shall be, for the erec- tion of forts, magazines, arsenals, and other needful buildings," and it has long been the custom on the part of the Federal Government to request, and on the part of the States to grant, under an interpretative extension of that provision, such cessions over areas embracing lands which have belonged to the United States from the beginning, and which have been reserved and set apart for any public use, as in the present instance; and that custom has been often recognized and sanctioned by the Supreme Court, as will be seen from Fort Leavenworth Railroad Co. V. . Lowe, 114 U.S., 525; Chicago, Rock Island &Pacific Ry. Co. V. McGlinn, 114 U.S., 542. While the State of California, within which the park mentioned is located, has by a general statute (Polit. Code, Cal. Sec. 34), made a cession of that kind as to all lands within its borders which are used by the United States for arsenals and "other needful buildings" it has not done so as to territory embraced in national parks except in par- - ticular instances, as was done by its act of April 15, 1919, ceding its -3- .08011 .M edit TO stafflost of TO VISSABOON at -Tebru toflog TO sootorg yes to 1550 SALVITES edt TO befosce wel emoa to edt to mottomsa erit Ed reast edit to VI SEUBIO ,8 moifooa of eloidis gd betsfeeb at JI aviarfaxe eafotexe of TOWOQ edt and assigned Jant Isteber to edit you aessiq IIS" TOVO evitsfatgel -0010 art rot ,ed Ifsda smaa add doldw at edit to adt bus Intbeem Teriso 5cs ,alsnests ,sentssgem ,ESTO to HOLD of edt to JIST edt NO motaso edt need and asd #1 NS rebass of edt to JISQ edt no bas abmel gulostome ESSIS TOVO dona profeivorg tant to dolder birs odt morl betimU erit of begarled eved doldw edit at as offday yrs rot tisqs tes bas DOVISSET used even go pomolfonse Scre bestmoost netto need asd motaso tant bas : ,00. distorneveal mort 0000 ed II as ,JIMOD emerque edt .V.00 VE basisI Nool ;asa ..8.U 455 ,ewo I .Y .sea ..E.U PII benoffixen NISq edt doldw mintle ,sintofffe0 to etaia edd effew abam (if .008 .Is) ,9500 .01109) Stone S vd asd at bear sta doldw exebrod aff ridtier abost IIs of as bab Jadt to no.asso S 2sd st forbear toddo" brts aferests TO2 setate betinU add rd -Isq at #qeoxe Isnoiden at EXOMITIES of as 08 Jon eff ,erer ,as Litga to JOB a go 9110.5 asw 28 -8- M. 11030. jurisdiction over the Yosemite, Sequoia and General Grant National Parks, - a cession which was accepted by Congress in its act of June 2, 1920 (41 Stat., 731). These facts leave the power to legislate for the protection of game within the park now under consideration in the State of California if it can not be held that that power can be exclusively exercised by the United States under one or more of the other exceptions mentioned above, - (b), (c), or (d). The fact that the Federal Government has the exclusive power to legislate for the protection of certain game and other birds within this park, and elsewhere within the State, was in effect recognized by the courts in In re Blackbird (109 Fed., 139), and also in the cases of United States V. Thompson, United States V. Samples, United States v. Selkirk (258 Fed., 257, 479, 775), and in United States V. Lumpkin (276 Fed., 580), in which the act of Congress approved July 3, 1918 (40 Stat., 755), giving Federal protection to migratory birds was de- clared to be constitutional on the ground that it was passed to ef- fectuate the treaty or convention entered into between our Government and Great Britain on August 16, 1916 (39 Stat., 1702), where such pro- tection was mutually consented to and promised. The question as to whether the United States has the power to legislate for the protection of game, generally, within this park under the last two exceptions stated above, - (c) and (d), calls for a more -4- .08011 .II -, ismoital JOSEP [sterred bas stosped edit IGVO [A) oser S enot To JOS e as Ed betgesos SEW doldw notases is (IET to edt IOS of Igwoq add sveel atost esenT to erit III mortstebianoo rebers worr NISQ ent smith ed# Vd bealotexe ed IISO Igwog #sdt tent bled ed JOII NBS # I 11 - erods benoffmen anoitqsoxe Tedto edlt to OTOM IO erro rebard astate betinu (b) IO .(0).(d) rowoc eviaufaxe erit and [stobe" ed# tadt tost adT mindiw abrud Torto bits easy MISJIES 10 ent 10% adalaige of Ed bosingoper ni BEW edt middlw stedweale bre aid# 20 aeaso ent nt bafe Due (est ..69E eof) bridios[8 OY III III STINOS ed# .V REJAIL besinU .V astete bethau ,reaquodT .V betinU .Y 8978#8 betinU at bits (ass error , ras ..... sas) BICI ,& beverage to JOS edd doldw (11 , (088 ..be% ars) -0.5 8.817 abtid of [STODE'S gaiving (221) of) -20 of beeasy 220 JI tsd# DANOTS edt CTO ed of botsia IIIO deemed our betetue TO VISOTS edit -01q doss exerw (SOVI ........ ea) aref ,ar Jangra no JSOTO brs .beakmorq bas of Effection BSW moltget of Towoo on($ asn betinu edt Tenderw of as nolfseup edT re.bru XISq airt middler 9986 to hol#sesoff edit TOI exom s rol ellso (b) brs (o) - eveds betata amoftqeoxe own Jasi edit --- M. 11030. extended consideration, and references to the general doctrines of the common law of this country relating to game and the right to hunt, take and protect it. While it is well established that the ownership of wild animals, birds, and fishes is, in so far as they are capable of ownership, in States or other immediate sovereign governments for the benefit of all their people in common (Greer V. Connecticut, 161 U.S., 519); it is also equally well settled that the exclusive right to hunt and take game on privately owned lands is in the owner of the land or his tenant, and can not be legally claimed or exercised by any other person except with the owner's sanction, and then only so long, and in such manner as he may prescribe. See 27 Corpus Juris 943, and the numerous cases there cited. In the light of these well established rules of the law we may turn with profit to the doctrine announced by the Supreme Court in Camfield V. United States (167 U.S., 518, 524, 525), and since invariably followed. It was there said that: "The Government has, with respect to its own lands, the rights of an ordinary proprietor, to maintain its possession and prosecute trespassers. It may deal with such lands precisely as a private individual may deal with his farming property. The General Government has a power over its own property analogous to the police power of the several States and the extent to which it may go in the exercise of such power is measured by the exigencies of the particular case. While we do not undertake to say that the Government has unlimited power to legislate against nuisances within a State, which it would have within a Territory, we do not think the admission of a Territory as a State deprives it of the power of legislating for the protection of the public lands, even though it may involve the exercise of what is ordinarily known as the police power, so long as such power is directed solely to its -5- 08011 .M ent to senfitoob edt of bas bebastxe exes ,Four of tight edd bus ems of grifsfer VIJNUDO ald 20 wel DOMMOO .31 bas Leatins bftw to gidarenwo ed t #sd$ benafIdates Ifew al #f ellaw (11 20 eldsqso 9TS year as ISI 08 of ,at aedall bas ,abild IIs to Affered ed# TOI releteves estable tedto TO oals at It : (era ..8.0 IBI .V TOOTO) COMMOD of elgoaq tied$ so emag exet bas Jood of JOHN eviawloxe edt tant beittes [Iew VIISOPO bits Jabase aid TO brs £ ed $ to Temwo edt at at abnel benevo glejaving do itw dyeoze MOSTER terto Exc to beafoxexe TO bemisfo Village ed tom 080 ori 28 doss as bas ...... 08 VLIIO credit bas ,Noldonsa 8/19/20 eris etedt 898.80 edt bms ,8.00 about asquoo is ee& Van betto SW wal edt to aefor bedellostas flow seed to tdgff sd III III two emergency edt Ed because enfitoo.b edt 08 was EST Vidalisval ebnia bas (asa ASE , ..E.U raf) a betinU .V bleftma3 bisa stent asw JI .bewoffot edt ,abmal two att of descast djtw and ent" eff misdaisor of (IS to adigir abmel done dilw Iseb you #I bms gabrist aid difiw Iseb Ven 9JSVITI ฿ as arrogolame two ett TOTO Iowoq & ear Istemed edT doldw of edit bas Islevea erit to Igwoq soffoq edit of edit Ed betrasom ai doss to eaforexe edt it 08 yes 31 Jany VBS of Jon 0.6 ew slidW .6880 ISINOIJIST ed$ to assusalum Janiegs efslalpef of tewog and out for 0.6 OW VIOJITIST S middlw even 6frow If doldw a middlw and to 11 asvirgeb is 83 FIOJITIST S 10 molasimbe edt raids meve ,abas£ offers ed t to sd(t rot gaitsfaigef to rewoq 88 award VIITAMIBTO al dadw to eafotexe edt ev.org year st describ adi of VIeloa al I9voq dorra as good 08 ecilog edd -8- M. 11030. own protection. A different rule would place the public domain of the United States solely at the mercy of a State legislature." I am informed that all, or practically all, the lands within this park were public lands belonging to the United States at the date of its creation, and still belong to the Government; and it therefore follows that Congress had theopower under article IV, section 3, clause 2 of the Constitution to either dispose of or withhold them from disposal and occupation, and dedicate and set them apart for public uses as a park; and also the power to prescribe, either through legislative or author- ized executive action, all "needful rules and regulations" in connection therewith. United States V. Grimaud, 220 U.S., 506; Light V. United States, 220 U.S., 523; United States V. Tygh Valley Land and Live Stock Co. 67 Fed., 693. From this it will be seen that if it be true that the United States can exercise all the rights and control over its lands that can be exercised by a private owner, and that a private Owner can legally for- bid hunting on his lands, it necessarily follows that Congress had the power to say either expressly or inferentially that wild animals should not be killed, taken, or in any manner interfered with or molested in this park, regardless of any provisions that the Legislature of Califor- nia may have made, or might possibly make. And this conclusion is not overcome by the fact that, as a general rule, the public has the right of hunting and taking game from the lands under a privilege long tacitly sanctioned by the Government -6- 08011 alanob offday add 908Iq bloow eirr A two state S to your and ts year betinU erit 20 mintin abus£ edt ,Ifs Bffsoljostq TO ,IIs tent bemroini MB I 9386 exit is aets betimu edt of gofgnoIed abusf offd.ru STOW aid$ ti bne ent of grouped litte brs a$1 to serso s nolfose VI eloigys rebas Iswoquedt bad $adt awollo? Issoqa.15 mor? made TO to eaoqafb Tentle of nottotitano adj to S s as 8985 offdiq 101 medit dea bas brs -Tontus "IO evitsIalgeI Teddle of ISWOC edit oals bas at bns 20101 "unbeen" Ifs ,Moltos evitweens beal beting .V :000 U OSS business V betinU adidas NOOJE evil bas bms.1 VelisV day .V aetete ,bejinU :ESE ..2.U OSS ,, .sea va ..00 betinU sit tart SOTT ed +1 If JSHJ cesa 96 iftw +1 MOTH neo fadt abres aff IOVO Lortnoo bas addition ed$ Ifs eaforexe NBS -10% Vifsgel 080 Terma ejeving 8 #snt bms ,Tenwo staving 8 gd beaforexe ed edt had sadt awoffor JI ,abus £ aid no grifted bid bloods elamins bliw tart TO Fleestexe reditio VSE of ISWOC III betaelom TO dain beterretai Temms yrs at TO ,Bellix ed ton -totlist to edt tent anolaivard VIS to ,NISQ abd .exam Efficeou TO ,ebsor even yam sin B 3.5 ,Jadt tost ent Ed toss al notarLorros aid bra MOTI estag subsit bms to tigit out asd offding ent Istemon dreamstime erit vd bonofjouse VIttost 3001 egeIlvitq S reben abase edj -d- M. 11030. (27 Corpus Juris 944), because as was in effect held in relation to the privileges of pasturage in United States V. Grimaud and United States V. Light, supra, Congress has the power to withdraw that pri- vilege, and forbid and penalize its continued exercise, especially in cases where its exercise would be hurtful to the purpose for which the land has been set aside. United States V. Tygh Valley Land and Live Stock Co., supra. It has been in recognition of that fact that public lands have in numerous instances been heretofore reserved and set aside as bird and game preserves, by both legislative and executive action, and that Congress penalized the killing, etc., of birds in such preserves by the act of June 28, 1906 (34 Stat., 536). Again, it appears that Congress has the exclusive power to legislate for the protection of game within this park under the last of the exceptions mentioned, - (d), if it be a fact that it is necessary for it to do so in order to carry out the objects and purposes for which the park was established, and to facilitate the execution of the laws enacted for its proper control and supervision; because it is well set- tled that the Federal Government may exercise a police power within a State when the exercise of that power is a necessary incident to the exercise of some other power clearly conferred on Congress by the Con- stitution. In re Debs, 158 U.S., 564, 581; United States V. Light, 220 U.S., 523. -7- .M of noifs.et III bled Joeffe at asw as easseed (Ape about augiou is) betinU bas busmito .V betinU of to aegelivity edt -III tsd# wsthdtiw of Towoq edt asd ,SIGNE ,thight .V best a exileneq bas bidrol bas . doldw 10% edt of Lotter ed blsow 201 eredw 89880 at bas Smal yelfsV day.T .V 893888 betinu .ebias tea need asd basi enf store 00 NOOSE evil abnel offderg Jadt Jost Jarid to molfingomer of need and #I as obtas Jea bms bevieeet need aconstant NI even bus ,Moltos bas evitsIergel dtod yd sass hrs brid dous as abTid to ,goffit edit besifese tant (ara ..Jat8 AE) aoer .8S emot 10 JOS edit yo of reword eviarloxe edit asn Jsdt arseque # I , tast edt rebas NISQ sidt middlw emsg to erit TO esslaigel at If tspit tost E ed JI 41 (b) - ,benoffmen amoidqeaxe od$ to doldw 101 bas adostdo edt #550 ETTSO of Tebro al 02 ob of +1 IOI aws1 and to nottbooks edlt statifiest 0$ bas .bedafIdatee BEW dreq edit -tea flow al +1 easseed ;molalvieque bas att TO betesse s aidtiw Igwoq s ESIT [stabe" and taxit belt erit of | B at ISWOQ to eaforess edit dedw -1100 edit yd NO berreinoo Wiselo Iewoq redto 9000 to OSS .V assess betinU :£88 ,400 ..E.U 881 ,ade 9% as .molfufita .ESC ..8.U -i- M. 11030. In Hoke V. United States (227 U.S., 308, 323), it was said that inasmuch as Congress has complete power to legislate as to trans- portation between States it may, as an incident to that power "adopt not only means necessary but convenient to its exercise, and the means may have the quality of police regulations." (Glouchester Ferry Co. V. Pennsylvania, 114 U.S., 196, 215; Cooley on Constitutional Limita- tions, 7th ed., 856.) And it has been held that the power to make and promulgate such regulations as may be incidental to and helpful in the exercise of that power may be conferred by Congress on the heads of Executive Departments, as was specifically held in United States V. Grimaud, supra, relative to rules and regulations issued by the Sec- retary of Agriculture for the administration of national forests. The question then arises under this phase of the present con- sideration as to whether or not the regulation absolutely forbidding the killing, etc., of game in the Lassen Volcanic National Park is either necessary to, or convenient in the execution of the laws relating to that park, or to the promotion of the objects for which it was es- tablished. The public lands within this park were specifically "dedicated and set apart as a park or pleasure ground for the benefit and enjoyment of the people of the United States" by the act of August 9, 1916 (39 Stat., 442), which proscribed their use and occupation for other purposes by declaring in terms that "all persons who shall locate or settle upon -8- .08011 .M bisa 8.677 of e (ESC ,808 ..E.U TSS) aetsta betinu .V. III -ansit of 88 etalargeI of TOWOO eteIgnoo and as domment dedt sqobs" Iswoq dad's of Jaebioni IIS as VS #1 as asswied ansem edit btta 201 of tsrd adidas Elmo for .00 EXTER to VIIISUP edj evad year -- NO yelooO ;ars e ..8.U 411 ,sinsvIyammeT .V bns exism of Towog add Jant bled need asd ft BrAA 1.008 .be ent at Intqlen Drs of ed VSIII 88 amoldsIeger dosra to absed and EEO gd bettetmos ed you Tewog 10 eafotexe V assets better ml blen 26W as -098 and go beyeal amoltsLoger brs asfor of evitsfet busine Ismolten to erit 102 to EISJET -100 edt to easily and rebas assire media molfasup edit gathbidtot and Joss TO redterlw of as coldstebia reditio el *** Isnoidall sinsoloV peacal edt as enter to ..... , edt aws£ and to noitpsexe out at TO of -80 BEW tt deldw rot adootdo edt 10 NOIJOZOTI GAT of TO ,XYSI tadt of .bedalIde$ betsolbeb" KlIsofflooqa STew >Isq ald aid#lw abasi sliding edt bas Jffened sut to BILLOTS IO itsy S as disqs tea has es) aree se taugus to JOB edt yd bethau edj to elqoeq ent 10 Todto coll moltsquooo brs 985 tient doldw , SAD eltdea TO essool Ilsria odw IIS" Jadf at SHITELOSD Vd -8- M. 11030. or occupy the same, or any part thereof, except as herein provided, shall be considered as trespassers and removed therefrom." Section 2 of that act provides: "That said park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations not inconsistent with the laws of the United States as he may deem necessary or proper for the care, protection, management, and improvement of the same. Such regulations being primarily aimed at the freest use of the said park for recreation purposes by the public and for the preservation from injury of spoilation of all timber, mineral deposits and natural curiosities or wonders within said park and their retention in their natural condition as far as practicable and for the preservation of the park in a state of nature so far as is consistent with the purposes of this Act. He shall provide against the wanton destruction of the fish and game found within said park and against their capture or destruction for purposes of merchandise or profit, and generally shall be authorized to take all measures as shall be necessary to fully carry out the objects and purposes of this Act." This act was passed in furtherance of the general policy of Congress manifested in various similar acts which "dedicate and set apart" other areas as "public parks or pleasure grounds" for the "benefit and enjoyment, and "recreation" of "the people of the United States," (See 26 Stat., 478; 36 Stat., 354; 38 Stat., 798; 40 Stat., 1178; and others), all or nearly all of which contain kindred provisions as to the conservation of natural conditions and wild life. The declarations of these various acts as to the objects and purposes for which national parks are estáblished were supplemented and extended by the act of August 25, 1916 (39 Stat., 535), which establish- ed the National Park Service "to promote and regulate the Federal areas known as national parks, * by such means and measures as conform to -9- .M fisda ,bebiverg misted as plasted fisq you IO emea ed# Equaoo TO imoristent bevomet fores as berebianos ed :asbivott JOB Jant to S nolfool to eviawfoxe edt reben ed IIada bisa sant" as 0002 as .ed Ilsda II saodw ,TOILOUNI ent to erit Joff bas 20101 dora daliding bas exem of meeb tem ed as betfnU add to awal erit dilit bas ,9780 edt rot require TO EXPRESSED bemts Viltaming gaied anoitsfuger done edit to Rd associaci TOI bisa edt to 9855 edt is to MOTI edlt rot bas olIday add stabnow TO bms Istemim ,Tedmit Ifs 10 rient ni moltneter vied bms biss middly nit Hrsq ont to ent rot bus 8.6 ISI as to ent djlw Juetalanoo al as ISI oa STUDBI to etata s est$ to notinew edf Janiags ebivoiq IIsda eH .JSA aid# studqso tient tarisas bas disq blea tintie basof smag bas Hall bits TO to IOI TO od fiere as Ifs extst of ed Iferia Ellsteney aid to bas atoetdo edit JWO EXTES Effor of ".JOA to golloq Estemo edit to at beaseq SSW JOB a N T Jea but doldw atos rslimts asofrsv at betaelinsm 28073000 add 102 TO offdiq" as BESTS tedto "treqs betimu ed t to elqoeq enti" to "noissexber" brs. brs difened" entate 01 :BEY BE JOSE ac ,81 £ as 952) mistood doldw to [IB Effeen TO IIS (ared to bas :8911 .0111 bliw bas Issues to odj of as bas adj of BS atos apoitsv esset 10 ant bas STOW STS Isnoitsm dolriw 202 Resoqing -dalidedae doldw (are ea) airr ,as dangra to tos edit Ed bobretze 85078 Istebal edit etsLuger brs SJOHOTI of NIST Ispoissi edt be of as a bas ameon dona Ed Isnoites as award M. 11030. the fundamental purposes of said parks * * * , which purpose is to con- serve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." For the promotion of these objects Congress has made various provisions for the protection and perpetuation of natural conditions existing in these parks, and among others for the protection of wild animals, birds and fishes, - among which provisions there has not been complete uniformity. The acts creating the Yellowstone, Crater Lake, Glacier, Mt. Rainier, and Mt. McKinley National Parks declare, substan- tially, that "all hunting, killing, wounding or capturing of any wild bird or animal, except dangerous animals when necessary to prevent them from destroying human lives, or inflicting personal injury, is prohibit- ed within the limits of said park; " while as to the park here under con- sideration, and as to the Sequoia and Yosemite Parks it is said in the acts establishing them that the Secretary of the Interior "shall provide against the wanton destruction of fish and game found within said park and against their capture and destruction for merchandise and profit." That provision in the acts establishing the Yosemite and Sequoia Parks was, however, every materially altered and amended by sec- - tion 5 of the act of June 2, 1920 (41 Stat., 731), which forbids hunting and fishing in them, by using as to them the same language quoted above -10- .080II all