United States v. McGowan, 302 U.S. 535 (1938)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 302 U.S. 528, click here.

United States v. McGowan


No. 138


Argued December 17, 1937
Decided January 3, 1938
302 U.S. 535

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

1. The Reno Indian Colony is situated on lands owned by the United States within the Nevada, which were acquired by purchase for the purpose of establishing a permanent settlement for needy nonreservation Indians of the State and for the Washoe Tribe of Indians. It is under the superintendence of the Federal Government. Held "Indian country" within the meaning of 25 U.S.C. § 247, subjecting to forfeiture automobiles and other vehicles used in taking intoxicants into the "Indian country." P. 539.

2. That an Indian settlement has been designated by Congress as a "colony," rather than a "reservation," does not prevent the application to it of a law relating to the "Indian country." P. 539.

3. Congress alone has the right to determine the manner in which the Nation’s guardianship over the Indians shall be carried out. P. 538.

4. That the State has not relinquished jurisdiction over the area occupied by the Reno Indian Colony does not prevent the application to it of the federal law forbidding taking intoxicants into the "Indian country." P. 539.

89 F.2d 201 reversed.

Certiorari, post, p. 666, to review a decree affirming a decree of the District Court, 16 F.Supp. 453, dismissing, in two cases consolidated for trial, libels seeking forfeiture of automobiles under U.S.C. Tit. 25, § 247.