Hunt v. United States,
278 U.S. 96 (1928)

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U.S. Supreme Court

Hunt v. United States, 278 U.S. 96 (1928)

Hunt v. United States

No. 44

Argued October 23, 1928

Decided November 19, 1928

278 U.S. 96


1. When the numbers of wild deer on a national forest and game preserve have increased to such excess that, by overbrowsing upon and killing young trees, bushes, and forage plants. they cause great injury to the land, it is within the power of the United States to cause their numbers to be reduced by killing. and their carcasses to be shipped outside the limits of such reserves. P. 278 U. S. 100.

2. This power spring from the federal ownership of the lands affected, and is independent of the game law of the state in which they are situate. Id.

3. A direction for such killing and shipment, given by the Secretary of Agriculture, was within the authority conferred upon him by Act of Congress. Id.

4. Carcasses and parts of the deer so killed should be marked before being taken from the reserves to show that the deer were killed there under authority of the Secretary of Agriculture. P. 278 U. S. 101.

19 F.2d 634 modified and affirmed.

Appeal from a decree of permanent injunction granted by the district court after a final hearing by three judges in a suit brought by the United States. The decree enjoined the Governor, the Game Warden, a county attorney, and a sheriff of the State of Arizona from arresting or prosecuting officers and agents of the United States under the game law, for or on account of the killing, possession, and transportation of deer under an order made by the Secretary of Agriculture to protect a National Forest and Game Preserve from the destructive effects of overbrowsing.

Page 278 U. S. 99

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