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
MR. JUSTICE SUTHERLAND delivered the opinion of the Court.
The Kaibab National Forest and the Grand Canyon National Game
Preserve, covering practically the same area, are situated north of
the Colorado river in Arizona. They were created by proclamations
of the President under authority of Congress. During the last few
years, deer on these reserves have increased in such large numbers
that the forage is insufficient for their subsistence. The result
has been that these deer have greatly injured the lands in the
reserves by overbrowsing upon and killing valuable young trees,
shrubs, bushes, and forage plants. Thousands of deer have died
because of insufficient forage. Attempts were made under the
direction of the Secretary of Agriculture to remove some of the
deer from
Page 278 U. S. 100
the reserves to other lands, but these entirely failed, as did
other means. The district forester, acting under the direction of
the Secretary of Agriculture, proceeded to kill large numbers of
the deer and ship the carcasses outside the limits of the reserves.
That this was necessary to protect the lands of the United States
within the reserves from serious injury is made clear by the
evidence. The direction given by the Secretary of Agriculture was
within the authority conferred upon him by act of Congress. And the
power of the United States to thus protect its lands and property
does not admit of doubt,
Camfield v. United States,
167 U. S. 518,
167 U. S.
525-526;
Utah Power & Light Co. v. United
States, 243 U. S. 389,
243 U. S. 404;
McKelvey v. United States, 260 U.
S. 353,
260 U. S. 359;
United States v. Alford, 274 U. S. 264, the
game laws or any other statute of the state to the contrary
notwithstanding.
Appellants interfered with these acts of the United States
officials and threatened to arrest and prosecute any person or
persons attempting to kill or possess or transport such deer, under
the claim that such officials were proceeding in violation of the
game laws of the State of Arizona, the observance of which would
have so restricted the number of deer to be killed as to render
futile the attempt to protect the reserves. Three persons who had
killed deer under authority of United States officials were
actually arrested. Thereupon, suit was brought to enjoin appellants
from continuing or threatening such interference, arrest, or
prosecution. The court below, after a trial, found for the United
States, and entered a decree in accordance with the prayer of the
bill, with the limitation, however, that the decree should not be
construed to permit the licensing of hunters to kill deer within
said reserves in violation of the state game laws.
United
States v. Hunt, 19 F.2d
634.
While the Solicitor General does not concede the authority of
the court to make this limitation, he is content
Page 278 U. S. 101
to let the decree stand. We therefore pass the matter without
consideration and accept the opinion and decree below, with the
modification that all carcasses of deer and parts thereof shipped
outside the boundaries of the reserves shall be plainly marked by
tags or otherwise, in such manner as the Secretary of Agriculture
may by regulations prescribe, to show that the deer were killed
under his authority within the limits of the reserves.
Thus, modified, the decree is affirmed.
