other buildings shall be constructed on their reservations named, they will make said reservations their permanent home, and they will make no permanent settlement elsewhere; but they shall have the right to hunt upon the unoccupied lands of the United States so long as game may be found thereon and so long as peace subsists among the whites and Indians on the borders of the hunting districts." In July, 1868, an act had been passed erecting a temporary government for the Territory of Wyoming, 15 Stat. 178, c. 235, and in this act it was provided as follows: "That nothing in this act shall be construed to impair the rights of persons or property now pertaining to the Indians in said territory so long as such rights shall remain unextinguished by treaty between the United States and such Indians." Wyoming was admitted into the Union on July 10, 1890. 26 Stat. 222, c. 664. Section 1 of that act provides as follows: "That the State of Wyoming is hereby declared to be a state of the United States of America, and is hereby declared admitted into the Union on an equal footing with the original states in all respects whatever, and that the constitution which the people of Wyoming have formed for themselves be, and the same is hereby, accepted, ratified, and confirmed." The act contains no exception or reservation in favor of or for the benefit of Indians. The Legislature of Wyoming, on July 20, 1895 (Laws of Wyoming, 1895, p. 225, c. 98), passed an act regulating the killing of game within the state. In October, 1895, the District Attorney of Uinta County, State of Wyoming, filed an information against the appellee (Race Horse) for having killed in that county seven elk in violation of the law of the state. He was taken into custody by the sheriff, and it was to obtain a release from imprisonment authorized by a commitment issued under these proceedings that the writ of habeas corpus was sued out. The following facts are unquestioned: 1st, that the elk were killed in Uinta County, Wyoming, at a point about one hundred miles from the Fort Hall Indian reservation, which is situated in the State of Idaho; 2d, that the killing was in violation of the laws of the State of Wyoming; 3d, that the place where the killing took place was unoccupied public land