Forty-Three Cases Cognac Brandy
U.S. Circuit Court for the District of Minnesota
Error to the District Court. On motion for rehearing. After the announcement of the opinion of the court in this case,* counsel for the government asked a further hearing upon the question whether the locus in quo is within an Indian Reservation, and the court ordered further argument upon that question, which was had at the December term, 1882.
1Opinion of the CourtMcCrary, C. J.
An Indian reservation is a part of the public domain set apart by proper authority for the use and occupation of a tribe or tribes of Indians. It may be set apart by an act of congress, by treaty, or by executive order; I do not think an Indian reservation can be established by custom or prescription. The fact that a particu*540lar tribe or band of Indians have for a .long time occupied a particular tract of country does not constitute such tract an Indian reservation. Originally, all of the public domain wasoecupied by thelndians, and the reservation policy was adopted with a view of locating…
2Cases cited12 opinions
- United States v. McBratneySupreme Court of the United States · 1882
- Bates v. ClarkSupreme Court of the United States · 1877
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- United States v. RogersSupreme Court of the United States · 1846
- United States v. Forty-Three Gallons of WhiskeySupreme Court of the United States · 1876
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3Cited by4 opinions
- United States v. Gilbert George MartineCourt of Appeals for the Tenth Circuit · 1971
- United States v. PartonDistrict Court, W.D. North Carolina · 1942
- United States v. Alaska Pacific FisheriesDistrict Court, D. Alaska · 1916
- Peters v. Pauma School DistrictCalifornia Court of Appeal · 1928