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138
34 S.Ct. 281
58 L.Ed. 539
Under the 14th Amendment the objection is two fold; unjustifiably depriving
the alien of property, and discrimination against such aliens as a class. But the
former really depends upon the latter, since it hardly can be disputed that if the
lawful object, the protection of wild life (Geer v. Connecticut, 161 U. S. 519,
40 L. ed. 793, 16 Sup. Ct. Rep. 600), warrants the discrimination, the means
adopted for making it effective also might be adopted. The possession of rifles
and shotguns is not necessary for other purposes not within the statute. It is so
peculiarly appropriated to the forbidden use that if such a use may be denied to
this class, the possession of the instruments desired chiefly for that end also
may be. The prohibition does not extend to weapons such as pistols that may be
supposed to be needed occasionally for self-defense. So far, the case is within
the principle of Lawton v. Steele, 152 U. S. 133, 38 L. ed. 385, 14 Sup. Ct.
Rep. 499. See further, New York ex rel. Silz v. Hesterberg, 211 U. S. 31, 53 L.
ed. 75, 29 Sup. Ct. Rep. 10; Purity Extract & Tonic Co. v. Lynch, 226 U. S.
192, 57 L. ed. 184, 33 Sup. Ct. Rep. 44.
3
to say that it was manifestly wrong. See Trageser v. Gray, 73 Md. 250, 9 L.R.A.
780, 25 Am. St. Rep. 587, 20 Atl. 905; Com. v. Hana, 195 Mass. 262, 11
L.R.A.(N.S.) 799, 122 Am. St. Rep. 251, 81 N. E. 149, 11 Ann. Cas. 514.
5
The defense under the treaty with Italy of February 26, 1871 (17 Stat. at L.
845), appears to us to present less difficulty. The provisions relied upon are
those in article 2, giving to citizens of Italy the right to carry on trade and to do
anything incident to it upon the same terms as the natives of this country; in
article 3, assuring them security for persons and property, and that they 'shall
enjoy in this respect the same rights and privileges as are or shall be granted to
the natives, on their submitting themselves to the conditions imposed upon the
natives;' and in article 24, promising to the Kingdom of Italy the same favors in
respect to commerce and navigation that may be granted to other nations. We
will say a word about each.
Judgment affirmed.