South Dakota Supreme Court October 3, 1950, File 9168 (State v. Kemp)

RUDOLPH, J.

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.