f such refuges is for the benefit of the whole
public--not for any class--and is therefore a thoroughly democratic
proposition.

There is no question as to the right of Congress to enact laws governing
the killing of game on the public domain, or within a forest reserve
where this domain lies within the boundaries of a Territory. Moreover,
it has been determined by the courts and otherwise that within a State
the Federal Government has, on a forest reserve, all the rights of an
individual proprietor, "supplemented with the power to make and enforce
its own laws for the assertion of those rights, and for the disposal and
full and complete management, control and protection of its lands."

In January, 1902, the Hon. John F. Lacey, of Iowa, a member of this
Club, whose efforts in behalf of game protection are generally
recognized, and whose name is attached to the well-known Lacey Law,
received from Attorney-General Knox an opinion indicating that there is
reasonable ground for the view that the Government may legislate for the
protection of game on the forest reserves, whether these forest reserves
lie within the Territories or within the States. From this opinion the
following paragraphs are taken:

"While Congress certainly may by law prohibit and punish the entry upon
or use of any part of those forest reserves for the purpose of the
killing, capture or pursuit of game, this would not be sufficient. There
are many persons now on those reserves by authority of law, and people
are expressly authorized to go there, and it would be necessary to go
further and to prohibit the killing, capture or pursuit of game, even
though the entry upon the reserve is not for that purpose. But, the
right to forbid intrusion for the purpose of killing, _per se_, and
without reference to any trespass on the property, is another. The first
may be forbidden as a trespass and for the protection of the property;
but when a person is lawfully there and not a trespasser or intruder,
the question is different.

"But I am decidedly of opinion that Congress may forbid and punish the
killing of game on these reserves, no matter that the slayer is lawfully
there and is not a trespasser. If Congress may prohibit the use of these
reserves for any purpose, it may for another; and while Congress permits
persons to be there upon and use them for various purposes, it may fix
limits to such use and occupation, and prescribe the purpose and objects
for wh