This case was decided by the court En Banc. Writ of Error to the Circuit Court for Marion County. The facts in the case are stated in the opinion of the court.
Good law ✅— No negative treatment on recordhow we know
Decided 1909-06-15
How this case has been cited
Cited by 61 later decisions (1 by the Supreme Court) — most recently July 2014 · most notably Terrace v. Thompson (1923), Amos v. Mathews (1930)
2 federal appellate · 58 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶2The qualified property which may exist in animals ferae naturae belongs to all the people of the State in their collective sovereign capacity. Ex parte Maier, 103 Cal. 476, 42 Am. St. Rep. 129, 37 Pac. Rep. 402; State v. Niles, 78 Vt. 266, 62 Atl. Rep. 795; State v. Rodman, 58 Minn. 393, 59 N. W. Rep. 1098. This being so, the provisions of the act in question that forbid people of the State who do not reside in Marion County to hunt game in the County without first giving three days’ notice and paying a special license tax deny to them the equal protection of the laws, because they place burdens upon a portion of the people who have a qualified property in the wild game that is not borne by other people of the State similarly situated. State v. Higgins, 51 S. C. 51, 28 S. E. Rep. 15, 38 L. R. A. 561. The petitioner should be discharged.
