The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1906-09-21
NOULDBOUNCt Mr.. CARTER
MILITARY AUTHORITIES ON RES.
ERVATloN HAVE AUTHORITY.
MAY SHOOT WHEN THEY CHOOSE

Game Warden Of Nebraska Recently
Visited the Reservation and Was
Ordered otf-Authorities at Wash
ineton Say He Has No Right There.
Lincoln News: Military officers and
privates seem to be above all state
law in the Interpretation of their
rights as made by the war department
of the United States. Chief Game
Warden George L. Carter has just
heard from Washington to that effect
in reply to complaint he sent thither
several weeks ago regarding the con
duct of army men on the Fort Mo
brara reservation, who insolently defy
arrest for shooting wild game out of
season, and threaten to eject any dep
the military preserve to see that the
laws of Nebraska are enforced.
The letter, which is signed by an
unintelligible scrawl by an army sec
rotary, gives the warden no comfort
and informs him that the soldiery is
immune from punishment no matter
what the state laws may be. The
communication reads:
Dear Sir: Referring to your let
ter of August 16, in which you make
inquiry, in effect, as to whether the
fish and. game laws of the state of Ne
braska are operative on the military
reservation at Fort Niobrara, and
whether you and your deputies are or
are not subject to ejectment from that
reservation as intruders of you attempt
to enforce observance of the state fish
and game laws thereon. | have the
honor to advise you that the judge
advocate general of the army, after
discussing the legal features of the
case, which was referred to him for
consideration, reports as follows:
"'I am therefore, of the opinion that
the fish and game laws of the state OF
Nebraska are not operative on the
military reservation of Fl Nobrara
and it is suggested that the chief
game warden of the state be so ad
vised. If, after such notification, the
attempt is made to execute the game
laws within the limits of the military
reservation, the warden or other of
ficer attempting such enforcement
should be ordered to desist, for the
reasons above stated, and, if he per
sists in such attempted execution, he
may be removed from the reserva
ton
THE views of the judge advocate
general of the army, as set fortl
above, have been concurred in by the
acting secretary of war, and by his
direction are herby communicated tC
you for your information"
Since the war department appears
disposed to protect occupants of the
reservation who deliberately violate
the laws, Warden Carter and his as
sistants can do nothing more than tC
maintain watch about the boarders o.
the reservation and make arrests
where army men attempt to carry game
away. This will be done, but as the
reservation extends to the South Da
kota line in Cherry county, it will be
easy to get out that way. The of
ficers and men stationed at Fort Mo
brara not only go hunting themselve!
when they please, but they invite
their friends to go upon the reserva
ton and share in the sport
Several days ago, in a case where
the right to hunt within an Indiar
reservation out of season was invol
we'd, Warden Carter received an opin
ion from United States District Attor
ney w. S. Summers that persons OF
the reservation were subject to al
state laws. 1t is believed that almos
any civil tribunal would hold the
same as applied to military reserva
ton, but Warden arter does no
care to press the matter any further