No. 9168.

44 N.W.2d 214 (1950)


Supreme Court of South Dakota.

October 3, 1950.

Attorney(s) appearing for the Case

John F. Lindley, Chamberlain, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

Donald J. Porter, State's Attorney, Brule County, Chamberlain, Sigurd Anderson, Attorney General, for plaintiff and respondent.

Robert D. Jones, Milbank, Fred A Tinan, Mitchell, Roy E. Willy, Sioux Falls, for South Dakota Sportsmen's Clubs, Inc., amici curiae.


The question presented in this appeal is whether the enactment of subdivision (9), § 25.0306, by Ch. 91, Laws of 1949, was within the power of the legislature. This section of our law provides,

"No license shall be issued to a nonresident for the hunting, taking or killing of any migratory waterfowl."

The trial court held the law valid. We agree with this holding.

The facts are without dispute. The defendant, a nonresident...

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