In re Fischer

This is a proceeding* under section 8 of the Indian Law. It is brought by the District Attorney at the instance of the chiefs of the St. Regis Mohawk Tribe of Indians. The chiefs seek to remove Michael Checkman from lands located within the Indian reservation, claiming that he is an intruder. (See People ex rel. Blacksmith v. Tracy, 1 Denio 617.)

The facts have been stipulated. Michael Checkman is a white man. His wife, Minnie Grey Checkman, is a St. Regis Mohawk Indian. Both of her parents were members of that tribe.

The wife resides on the St. Regis Indian Reservation in the County of…