United States v. Ward
U.S. Circuit Court for the District of Kansas
This was an indictment for murder. The defendant was a white man, and the person killed was also a white man. The homicide was committed on the reservation of the Kansas tribe of Indians, and in the county of Lyons. This reservation was provided by a treaty with the tribe, and was occupied by it. It was a small tract, nine miles in width, by fourteen in length.
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This was an indictment for murder. The defendant was a white man, and the person killed was also a white man. The homicide was committed on the reservation of the Kansas tribe of Indians, and in the county of Lyons. This reservation was provided by a treaty with the tribe, and was occupied by it. It was a small tract, nine miles in width, by fourteen in length. It lay in three counties of the state—namely, Waubunee, Morris, and Lyons; which counties were organized, and the courts of the state, with general civil and criminal jurisdiction, were held in each. To the indictment there was a plea…
1Opinion of the Court
MÜLLER, Circuit Justice.
The circumstances, much enlarged upon at the bar, that the reservation is but a small tract of country, that emigration has filled up the adjoining lands, that the state has included the locus in quo within an organized county, and by its courts of justice, and its people, by their customs and intercourse, have assumed new and close relations to this tribe of Indians, afford no assistance in determining the question before us. The argument drawn from these circumstances assumes that the state 'has authority to legislate over these lands; and that is the very point in…
2Cited by8 opinions
- SAC and Fox Nation v. PierceCourt of Appeals for the Tenth Circuit · 2000
- Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
- Shawnee Tribe v. United StatesCourt of Appeals for the Tenth Circuit · 2005
- Higgins v. Brown, JudgeCourt of Criminal Appeals of Oklahoma · 1908
- Utah & Northern Railway Co. v. FisherIdaho Supreme Court · 1884
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