baldwin montana fish game argued october decided may appellants brought action declaratory relief claiming montana statutory license scheme imposes substantially higher least times license fees nonresidents state residents requires nonresidents residents purchase combination license order able obtain single elk denies nonresidents constitutional rights guaranteed privileges immunities clause art iv equal protection clause fourteenth amendment district denied relief appellants held access nonresidents recreational hunting montana fall within category rights protected privileges immunities clause respect privileges immunities bearing upon vitality nation single entity must state treat citizens resident nonresident equally equality access montana elk basic maintenance union pp statutory scheme economic means unreasonably related preservation finite resource elk substantial regulatory interest state hence violate equal protection clause view fact residents contribute costs maintaining program great increase nonresident hunters recent years limit elk supply difficulties supervising hunting practices said either license fee differentials required combination license nonresidents irrational pp blackmun delivered opinion burger stewart powell rehnquist stevens joined burger filed concurring opinion post brennan filed dissenting opinion white marshall joined post james goetz argued cause filed briefs appellants paul lenzini argued cause filed brief appellees justice blackmun delivered opinion case presents issues privileges immunities clause constitution art iv equal protection clause fourteenth amendment constitutional validity disparities residents nonresidents state hunting license system appellant lester baldwin montana resident also outfitter holding state license hunting guide majority customers nonresidents come montana hunt elk big game appellants carlson huseby lee moris residents minnesota hunted big game particularly elk montana past years wish continue five appellants disturbed difference kinds montana licenses available nonresidents contrasted available residents state difference fees nonresident resident must pay respective licenses instituted present federal suit declaratory injunctive relief reimbursement part fees already paid app defendants fish game commission state montana commission director five commissioners complaint challenged montana licensing scheme specifically asserted applied nonresidents violated constitution privileges immunities clause art iv equal protection clause fourteenth amendment district convened divided vote entered judgment denying relief montana outfitters action group fish game supp mont noted probable jurisdiction ii relevant facts real controversy many agreed hunting season montana resident purchase license solely elk nonresident however order hunt elk required purchase combination license cost entitled take one elk two deer season montana resident purchase license solely elk nonresident order hunt elk required purchase combination license cost entitled take one elk one deer one black bear game birds fish hook line resident required buy combination licenses cost privileges granted nonresident combination license nonresident thus paid times much resident nonresident wished hunt elk paid times much resident montana area square miles fourth largest state alaska texas california order larger population relatively small approximately per capita income among app montana maintains significant populations big game including elk deer antelope tr elk population one largest elk prized hunters come near far pursue animals sport quest big game grown popularity period licenses issued montana increased approximately residents approximately nonresidents app owing successful management programs elk state compelled limit overall number hunters means drawings lotteries harvestable elk populations tr elk hunted commercially montana nonresident hunters seek animal trophy value trophy distinctive set antlers interest resident hunters often may meat elk found mountainous regions western montana generally encountered eastern state plains prevail summer animals move higher elevations lands largely federally owned late fall move lower privately owned lands provide winter habitat necessary survival critical midwinter period elk often supported ranchers elk management expensive regions state significant elk population personnel time fish game commission spent elk species big game defendant exhibit montana outfitters equip guide hunting parties tr outfitters regulated licensed state provide services hunters fishermen estimated many half nonresidents hunt elk western montana utilize outfitters three testified virtually clients nonresidents state force game wardens warden district covers approximately square miles assist wardens law enforcement montana equal responsibility statute mont rev codes ann supp law makes outfitters guides equally responsible unreported violations committed persons hunting parties outfitter thus sense surrogate warden serves bolster state warden force iii district majority observed elk plains animal roams mountains central western montana elk taken killed federal land animal preservation depends upon conservation majority noted appellants conceded montana constitutionally may charge nonresidents hunting privileges residents concluded however evidence presented ratio favor resident justified basis cost allocation satisfying standing existence justiciable controversy passing comment upon somewhat controversial subject wild animal legal ownership concluded state power manage conserve elk end make laws regulations necessary protect preserve reaching result majority examined nature rights asserted plaintiffs observed many people elk enable everyone hunt animals elk survive species game herds must managed vital part management limitation annual kill ibid various means limitation mentioned fact one control device might deprive particular hunter possibility hunting elk right asserted appellants chance engage temporarily recreational activity sister state fundamental ibid thus protected privilege immunity constitution art iv majority contrasted nature asserted right educational needs primary college levels citing san antonio school dist rodriguez sturgis washington supp wd summarily aff said simply nexus right hunt sport right speak right vote right travel right pursue calling followed necessary determine whether system bears rational relationship legitimate state purposes conclude opportunity enjoy recreational activity created supported state nexus activity fundamental right nature activity enjoyed portion enjoy state may prefer residents residents condition enjoyment nonresident upon terms sees fit iv privileges immunities appellants strongly urge montana licensing scheme hunting elk violates privileges immunities clause art iv constitution clause one contours precisely shaped process wear constant litigation judicial interpretation years since significance fact clause appears relations article article embraces full faith credit clause extradition clause also provisions admission new territory property clause guarantee clause historically overshadowed appearance similar language fourteenth amendment continuing controversy consequent litigation attended amendment enactment meaning application privileges immunities clause originally isolated commerce clause constitution art articles confederation clauses source two concepts together fourth article see austin new hampshire lemmon people opinion wright separation may assurance anticipated narrow reading commerce clause see ward maryland wall perhaps imposition fourteenth amendment upon constitutional consciousness extraordinary emphasis amendment received surprising contours art iv cl well developed relationship privileges immunities clause privileges immunities language fourteenth amendment less clear nevertheless without pronouncements clause significance reach least three general comments deserve mention first justice field writing unanimous paul virginia wall emphasized nationalism proscription discrimination assurance equality citizens within state undoubtedly object clause question place citizens state upon footing citizens far advantages resulting citizenship concerned relieves disabilities alienage inhibits discriminating legislation gives right free ingress egress insures freedom possessed citizens acquisition enjoyment property pursuit happiness secures equal protection laws justly said provision constitution tended strongly constitute citizens one people said prior adoption fourteenth amendment constitutional definition citizenship rights privileges immunities secured thereby springing therefrom one time thought section recognized group rights according jurisprudence day classed rights purpose section create rights citizens guaranteeing citizens every state recognition group rights every state view justice washington description civil rights citizens quoted approval come settled view article iv import citizen one state carries another fundamental privileges immunities come necessarily mere fact citizenship state first mentioned contrary state every citizen state privileges immunities citizens state enjoy section effect prevents state discriminating citizens favor footnotes omitted clause thus establishes norm comity without specifying particular subjects citizens one state coming within jurisdiction another guaranteed equality treatment origins clause reveal however concerns central import framers preconstitutional period practice denying outlanders treatment citizens demanded widespread fourth articles confederation intended arrest centrifugal tendency particularity discriminations clause aimed means eradicated short life confederation provision carried comity article constitution briefer form change substance intent unless strengthen force clause fashioning single nation footnotes omitted suggested however state citizenship residency may never used state distinguish among persons suffrage example always understood tied individual identification particular state see dunn blumstein one suggest privileges immunities clause requires state open polls person declines assert state one claims right vote true qualification elective office state kanapaux ellisor chimento stark supp nh summarily aff must state always apply laws services equally anyone resident nonresident may request canadian northern eggen supra cf sosna iowa shapiro thompson distinctions residents nonresidents merely reflect fact nation composed individual permitted distinctions prohibited hinder formation purpose development single union respect privileges immunities bearing upon vitality nation single entity must state treat citizens resident nonresident equally must decide category falls distinction respect access recreational hunting many early cases embrace concept complete ownership wildlife within boundaries well power preserve bounty citizens alone enough say regulating use common property citizens state legislature bound extend citizens advantages secured citizens corfield coryell cas cc ed appears generally accepted although obligated treat within territory equally respects obliged share things held trust people corfield case described first long leading explication privileges immunities clause see austin new hampshire justice washington sitting circuit justice although recognizing may interfere right citizen one state pass reside state purposes trade agriculture professional pursuits otherwise claim benefit writ habeas corpus institute maintain actions kind courts state take hold dispose property either real personal nonetheless concluded access oyster beds determined owned new jersey limited new jersey residents holding conception state sovereignty upon relied formed basis similar decisions later years century mccready virginia geer connecticut see rosenfeld jakways mont geer case dealing connecticut authority limit disposition game birds taken within boundaries roundly rejected contention state allow people enjoyment benefits property belonging common without time permitting citizens participate recent years however recognized interest regulating controlling things claim including wildlife means absolute may compel confinement benefits resources even wildlife people whenever hoarding confinement impedes interstate commerce packing haydel pennsylvania west virginia west kansas natural gas state control resources preclude proper exercise federal power douglas seacoast products kleppe new mexico missouri holland state interest wildlife resources must yield without reason interferes nonresident right pursue livelihood state right protected privileges immunities clause toomer witsell see takahashi fish game appellants contend doctrine corfield mccready geer relied remaining vitality agree last term referring ownership title language cases characterizing legal fiction pointed language nevertheless expressed importance people state power preserve regulate exploitation important resource douglas seacoast products citing toomer witsell fact state control wildlife exclusive absolute face federal regulation certain federally protected interests compel conclusion meaningless absence need look decisions know true toomer witsell struck south carolina statute requiring nonresidents state pay license fee commercial shrimp boat residents pay fee ground statute violated privileges immunities clause see also mullaney anderson another case less three years however decision toomer heavily relied upon appellants dismissed want substantial federal question appeal decision south dakota holding total exclusion state nonresident hunters migratory waterfowl justified state assertion special interest wildlife qualified substantial reason discrimination state kemp appeal dismissed case south dakota proved real danger flyways breeding grounds nursery ducks geese subject excessive hunting possible destruction nonresident hunters lured state abundance pheasants appellants demonstrated nothing convince us completely reject earlier decisions opinion coryell justice washington although seemingly relied notions natural rights considered reach privileges immunities clause included list situations believed obligated treat residents equally nonresident sought engage essential activity exercise basic right used term fundamental modern well natural right sense certainly justice field invoked principle language quoted paul virginia holdings ward maryland canadian northern eggen blake mcclung supra concerned pursuit common callings ability transfer property access courts respectively comparable status activity involved apparent toomer case respect basic essential activities interference frustrate purposes formation union must treat residents nonresidents without unnecessary distinctions distinction made montana residents nonresidents establishing access elk hunting threaten basic right way offends privileges immunities clause merely ask question seems provide answer repeat much already said elk hunting nonresidents montana recreation sport wholly apart license fees costly obviously available wealthy nonresident one taken sport sacrifices values order indulge enjoy offers means nonresident livelihood mastery animal trophy ends sought appellants totally excluded elk supply entrusted care state people montana finite must carefully tended order preserved appellants interest sharing limited resource equal terms montana residents simply fall within purview privileges immunities clause equality access montana elk basic maintenance union appellants contend deprived means livelihood system access part state may seek travel decide full range activities sufficiently basic livelihood nation may interfere nonresident participation therein without similarly interfering resident participation whatever rights activities may fundamental privileges immunities clause persuaded hold elk hunting nonresidents montana one equal protection appellants urge distinctions drawn residents nonresidents permissible equal protection clause fourteenth amendment used allocate access recreational hunting appellees argue state constitutionally able charge nonresidents subject state general taxing power charges residents subject power already contributed programs make elk hunting possible appellees also urge montana state made sacrifices economic development therefore tax base order preserve elk wildlife within state must counted along actual tax revenues spent computing fair share paid nonresidents need commit particular method computing cost state maintaining environment elk survive order find state efforts rational invidious therefore violative equal protection clause repetitious review factual setting revealing resident obviously assists production maintenance populations taxes taxes provide support state parks utilized sportsmen plaintiffs exhibit roads providing access hunting areas tr fire suppression protect wildlife habitat benefits habitat effected state environmental quality council enforcement state air water quality standards assistance sheriffs departments enforce game laws defendants exhibit state highway patrol officers assist wildlife officers game checking stations enforcement game laws forage support resident ranchers critical winter survival tr continuing basis side ledger great almost alarming increase number nonresident hunters decade almost eight times increase resident hunters group character much nonresident hunting opportunity license swapping combination license system employed intermingling deer elk wild inexperienced hunter inability tell one obvious limit elk supply supposition nonresident occasional visitor likely commit violations need supervise hunting practices order prevent violations illegal overkill difficulties supervision primitive areas elk found hunting season adds view irrationality differences montana legislature drawn costs licenses hunt elk legislative choice economic means unreasonably related preservation finite resource substantial regulatory interest state serves limit number hunter days montana elk country sure contrasting cost feature favorable resident perhaps details figures might precisely fixed closely related basic costs state noted appellants concede differential cost residents nonresidents invidious unconstitutional statutory classification impinging upon fundamental interest need drawn fit precision legitimate purposes animating montana might furthered underlying purpose artfully directly completely warrant conclusion method chose unconstitutional hughes alexandria scrap appellants also contend requirement nonresident resident hunters must purchase combination licenses order able obtain single elk arbitrary district state introduced evidence largely uncontradicted nonresident hunters create greater enforcement problems problems alleviated requirement district majority appears found evidence credible justification rational position disagree many factors listed connection license fee differential equal pertinency combination license requirement perceive duty state licensing structure parallel identical residents nonresidents justify penny cost differential imposes purely recreational noncommercial nonlivelihood setting rationality sufficient standard feel met montana long constitutional requirements met conclude case rotection wild life state peculiarly within police power state great latitude determining means appropriate protection lacoste department conservation judgment district affirmed ordered footnotes note passing charge nonresidents residents hunting licenses alaska stat ann rev stat supp rev stat tit supp stat supp wyo stat supp others listed appendix brief appellees mont laws ch mont laws ch mont rev codes ann supp nonresident however obtain license restricted deer advised oral argument montana method use combination license unique among tr oral arg see reply brief appellants mont rev codes ann supp similar disparities montana resident nonresident hunting licenses game except wild turkey present litigation however focuses licenses hunt elk disparity rates without criticism public land law review one third nation land norman nonresident hunters getting fair deal outdoor life yeager federal montana outdoors editorial field stream june app estimated population said world almanac montana consistently ranked lower population since statehood app said montana state frequently visited nonresident hunters outdoors michigan natural resources license year montana licensed hunters district columbia puerto rico foreign countries defendants exhibit part deposition brown approximately nonresident hunting licenses deer elk issued year district found elk hunting recreational nature except residents live exactly right place expensive testimony typical elk hunt nonresident spends approximately exclusive outfitter fee hunting license tr thus nonresident combination license fee insubstantial appears lesser part overall expense elk hunt number nonresident combination licenses restricted one license year mont rev codes ann supp limitation imposed mont laws ch effective may number nonresident hunters yet reached limit similar numerical limitations resident elk deer licenses district concluded elk never hunted commercially appellants deny activity wish pursue pure sport hunter entitled take one elk per year montana department fish game deer elk bear mountain lion regulations statutory restrictions placed buying selling game animals parts thereof taken montana mont rev codes ann montana said montana big game hunting sport state ex rel visser fish game mont property owner state must recognize fact may injury property inconvenience wild game recourse state rathbone mont concession repeated orally tr oral arg district made specific findings conclusions standing five appellants ruled however two nonresident lee moris sufficient standing maintain suit agree find unnecessary make inquiry standing see doe bolton citizens state shall entitled privileges immunities citizens several persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws better secure perpetuate mutual friendship intercourse among people different union free inhabitants paupers vagabonds fugitives justice excepted shall entitled privileges immunities free citizens several people state shall free ingress regress state shall enjoy therein privileges trade commerce subject duties impositions restrictions inhabitants thereof respectively description four theories proffered purpose clause see doc pp opinion goes read indeed without provision kind removing citizens state disabilities alienage giving equality privilege citizens republic constituted little league constituted union exists privileges immunities secured citizens state several provision question privileges immunities common citizens latter constitution laws virtue citizens special privileges enjoyed citizens secured provision intended provision give laws one state operation operation except permission express implied special privileges confer must therefore enjoyed home unless assent enjoyment therein given possible language justice roberts quotation supra hague cio rather critically regarded relating natural rights suspect however referring general preceding sentences justice washington opinion inquiry privileges immunities citizens several feel hesitation confining expressions privileges immunities nature fundamental belong right citizens free governments times enjoyed citizens several compose union time becoming free independent sovereign fundamental principles perhaps tedious difficult enumerate may however comprehended following general heads protection government enjoyment life liberty right acquire possess property every kind pursue obtain happiness safety subject nevertheless restraints government may justly prescribe general good whole rationale cases seems affected adoption fourteenth amendment inclusion therein new protection privileges immunities citizens appellants argue state montana deprived anything entitled provision need consider relationship fourteenth amendment privileges immunities clause art iv see hague cio opinion roberts cases wall howell privileges immunities state citizenship course possible residents licenses hunting groups engage license swapping appellants point facts federal land montana provides significant contribution elk habitat substantial apportionments state flow federal aid wild life restoration act stat amended fail see federal aspects transform recreational pursuit fundamental right protected privileges immunities clause impose barrier differentials congress knows impose condition largess wishes see see also pub stat adding land water conservation fund act dissenting opinion district ascribes majority holding otherwise invidious discrimination nonresidents justified state may rationally consider discrimination necessary induce residents support state program required conserve herd agree dissent state need desire engender political support conservation programs justify otherwise invidious classification memorial hospital maricopa county view record case proved discloses classification utilized montana licensing scheme otherwise invidious discrimination chief justice burger concurring joining opinion write separately emphasize significance montana special interest elk population point limits holding doctrine state owns wildlife within borders trustee citizens see geer connecticut admittedly legal anachronism sorts see douglas seacoast products state wild birds animals way may natural resources land oil timber noted opinion ante contrary implications dissent doctrine completely obsolete manifests state special interest regulating preserving wildlife benefit citizens see douglas seacoast products supra whether describe interest proprietary otherwise significant recognized toomer witsell doctrine apply migratory shrimp located belt marginal sea elk involved case found within montana remain primarily within state natural resources state montana citizens legitimate interest preserving access acknowledges interest points montana elk supply entrusted care state people montana ante asserts continued vitality doctrine upon relied corfield coryell cas cc ed mccready virginia geer connecticut supra see ante mccready virginia supra made clear privileges immunities clause prevent state preferring citizens granting public access natural resources special interest thus montana offend privileges immunities clause granting residents preferred access natural resources belong private owners montana may give residents preferred access montana elk without offending privileges immunities clause necessary challenge cases cited dissent post make clear state absolute freedom regulate taking wildlife within borders airspace state may regulate killing migratory game birds way frustrates valid treaty entered pursuant art ii treaty power missouri holland may regulate wild animals found federal lands way conflicts federal statutes enacted property clause art iv cl kleppe new mexico may allocate access wildlife manner offends fourteenth amendment takahashi fish game wildlife becomes involved interstate commerce state may restrict use access wildlife way burdens interstate commerce douglas seacoast products supra packing haydel none cases hold privileges immunities clause prevents state preferring citizens allocating access wildlife within state special interest montana citizens elk permits montana charge nonresident hunters higher license fees without offending privileges immunities clause hold clause permits state give residents preferred access recreational activities offered sale private parties indeed acknowledges clause requires equality respect privileges bearing upon vitality nation single entity ante seems clear basic privileges include privileges trade commerce protected fourth article articles confederation see austin new hampshire clause assures noncitizens opportunity purchase goods services basis citizens confers protection upon buyer luxury goods services upon buyer bread justice brennan justice white justice marshall join dissenting far troublesome narrow holding elk hunting montana privilege immunity entitled protection art iv cl constitution rationale holding montana licensing scheme passes constitutional muster concludes elk hunting basic essential activit interference frustrate purposes formation union ante privileges immunities clause art iv citizens state shall entitled privileges immunities citizens several prevent montana irrationally wantonly even invidiously discriminating nonresidents seeking enjoy natural treasures alone among possesses agree privileges immunities clause impotent guarantee discrimination remains wholly beyond purview provision true clause often subject litigation precise scope protection affords citizens state sister remains defined much uncertainty doubt product justice washington exposition scope corfield coryell cas cc ed observed hat privileges immunities citizens several fell hesitation confining expressions privileges immunities nature fundamental belong right citizens free governments times enjoyed citizens several compose union time becoming free independent sovereign emphasis added justice washington thought art iv cl embody guarantee natural rights surprising revealed preference determination controversy raging time significance natural rights constitutional adjudication behind corfield opinion lay nineteenth century controversy status rights constitutional litigation judges supposed inherent limitation state federal legislation compelled courts strike law first great principles social compact proponents natural rights doctrine without specific constitutional moorings posited vital principles free republican governments determine overrule apparent abuse legislative powers corfield understood attempt import natural rights doctrine constitution way privileges immunities clause article iv attaching fundamental rights state citizenship privileges immunities clause justice washington created federal judicial protection state encroachment upon rights citizens tribe american constitutional law footnotes omitted justice roberts analysis privileges immunities clause art iv hague cio supra first noteworthy modern pronouncement clause justice roberts recognize corfield view privileges immunities clause might properly interred product bygone era also went emphasize interpretation scope clause proposed paul virginia supra namely section effect prevents state discriminating citizens favor singling passage one three general comments clause deserve mention ante acknowledges significance justice roberts statement respect errs also appreciating roberts statement signaled complete demise acceptance corfield definition type rights encompassed phrase privileges immunities longer definition controlling even relevant evaluating whether discrimination visited state nonresidents citizens passed constitutional muster less decade hague toomer witsell supra embraced applied roberts interpretation clause toomer south carolina statute required nonresidents pay fee times greater paid residents license shrimp commercially maritime belt coast state held violative clause stating clause designed insure citizen state ventures state privileges citizens state enjoy set standard state differential treatment nonresidents evaluated like many constitutional provisions privileges immunities clause absolute bar discrimination citizens substantial reason discrimination beyond mere fact citizens preclude disparity treatment many situations perfectly valid independent reasons thus inquiry case must concerned whether reasons exist whether degree discrimination bears close relation inquiry must also course conducted due regard principle considerable leeway analyzing local evils prescribing appropriate cures emphasis added omitted toomer followed mullaney anderson mullaney scheme employed territorial legislature alaska licensing commercial fishermen territorial waters imposed license fee resident fishermen fee nonresidents found invalid clause although reaffirmed observation toomer state may charge differential merely compensate state added enforcement burden may impose conservation expenditures taxes residents pay found alaska mere assertion justifications insufficient sustain fee differential licensing face evidence case review justifications basis fact neither toomer mullaney cited corfield discussed whether commercial fishing type fundamental right entitled protection justice washington view privileges immunities clause although toomer hold commercial shrimping marginal sea like common callings within privileges immunities clause statement effect conclusory clearly secondary extensive analysis whether south carolina discrimination nonresidents properly justified state justification discrimination nonresidents also focus privileges immunities analysis doe bolton summarily added medical services panoply privileges protected clause held invalid georgia law permitting georgia residents obtain abortions within state true austin new hampshire cited corfield proposition discriminatory taxation nonresident one evils clause designed protect exemption higher taxes one privileges immunities right justice washington framed terms discriminatory treatment toomer mullaney bolton principal concern austin classification fact discrimination hinged status nonresidency think time come confirm explicitly implicit modern privileges immunities decisions namely inquiry whether given right fundamental place analysis whether state discrimination nonresidents represented discriminating state legislative halls austin new hampshire supra violates clause rather primary concern state justification discrimination drawing principles announced toomer mullaney state discrimination nonresidents permissible presence activity nonresidents source cause problem effect state seeks deal discrimination practiced nonresidents bears substantial relation problem present although state burden prove laws violative privileges immunities clause mere assertion discrimination practiced nonresidents justified peculiar problem nonresidents present prevail face prima facie showing discrimination supportable asserted grounds requirement state unequal treatment nonresidents reasoned suitably tailored furthers federal interest ensuring norm comity austin new hampshire supra prevails throughout nation simultaneously guaranteeing needed leeway draw viable distinctions citizens ii clear proper privileges immunities analysis montana discriminatory treatment nonresident hunters case must fall putting aside validity requirement nonresident hunters desiring hunt elk must purchase combination license resident elk hunters need buy three possible justifications charging nonresident elk hunters amount least times fee imposed resident hunters first conservation state attempt assert justification discriminatory licensing scheme district apparently indeed difficult see consistently first prong modern privileges immunities analysis first nothing record indicate influx nonresident hunters created special danger montana elk wildlife species recent year statistics available resident hunters montana nonresident hunters nonresidents thus constituted hunters pursuing sport state moreover recognizes ante number nonresident hunters never approached limit set statute presumably precautionary conservation measure second montana discriminatorily high license fee outgrowth general conservation policy discourage elk hunting fails basis licensing scheme montana makes effort similarly inhibit residents said douglas seacoast products statute leaves state residents free destroy natural resource excluding aliens nonresidents conservation law second possible justification fee differential montana imposes nonresident elk hunters one presented district principally relied upon cost justification appellants never contended privileges immunities clause requires identical fees assessed residents nonresidents recognize toomer mullaney allow additional charges made nonresidents based added enforcement costs presence nonresident hunters imposes montana state conservation expenditures supported taxes position throughout litigation higher fee extracted nonresident elk hunters valid effort montana recoup state expenditures behalf price gouged satisfactorily pursue avocation state union licensing scheme appellants contend simply attempt montana shift costs conservation efforts however commendable may onto shoulders nonresidents powerless help ballot box district agreed finding consideration evidence due regard presumption constitutionality ratio justified basis cost allocation montana outfitters action group fish game supp mont finding clearly erroneous gypsum intimate otherwise montana attempt discriminatory licensing practices thus fails second prong correct privileges immunities analysis requires discrimination state visits upon nonresidents bear substantial relation problem burden pose third possible justification montana licensing scheme doctrine mccready virginia actually justification simply assertion state owns wildlife within borders trust citizens may therefore pleases see geer connecticut lingering death mccready doctrine applied state wildlife begun thrust justice holmes blade missouri holland put claim state upon title lean upon slender reed aided increasingly deep twists knife foster fountain packing haydel toomer witsell takahashi fish game kleppe new mexico finally became reality douglas seacoast products supra justice marshall speaking observed state stand position owner private game preserve pure fantasy talk owning wild fish birds animals neither federal government hopeful fisherman hunter title creatures reduced possession skillful capture ownership language cases cited appellant must understood legal fiction expressing importance people state power preserve regulate exploitation important resource toomer witsell modern analysis question simply whether state exercised police power conformity federal laws constitution see canadian northern eggen chambers baltimore ohio blake mcclung purpose analysis cases privileges immunities clause art iv terms citizen resident essentially interchangeable austin new hampshire toomer witsell reason given statute run nonresident creditors debtors might often happen right action extinguished perhaps years state parties reside yet defendant found wisconsin may railroad train suit sprung upon claim forgotten laws wisconsin thus used trap catch unwary defendant laws always governed case barred recovery inequitable unjust although true woman right choose abortion fundamental purposes equal protection analysis roe wade rely fact deemed medical services within protection clause mention made corfield cost ratio nonresident combination license fee resident combination license fee since montana resident wishing hunt elk purchase license nonresident wanted hunt elk pay fee times great charged similarly situated resident montana figures hunters montana hunting elk notation fact number nonresident hunters montana increased dramatically number resident hunters past decade ante thus somewhat overstates putative conservation threat nonresident hunters pose montana wildlife restriction number hunters allowed montana thus issue find montana licensing scheme unconstitutional privileges immunities clause art iv find unnecessary determine whether scheme pass equal protection scrutiny event state discriminates solely basis noncitizenship nonresidency state see supra view equal protection clause affords discriminatee greater protection privileges immunities clause