Ward v. Race Horse, 163 U.S. 504 (1896), is a United States Supreme Court case argued on March 11–12, 1896, and decided on 25 May 1896.
This appeal was taken from an order of the court below, rendered in a habeas corpus proceeding, discharging the appellee from custody.
The petition for the writ based the right to the relief which it prayed, and which the court below granted, on the ground that the detention complained of was in violation of the Constitution and laws of the United States and in disregard of a right arising from and guarantied by a treaty made by the United States with the Bannock Indians.
"The Indians herein named agree, when the agency house and 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."
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.