United States v. Reese
U.S. Circuit Court for the District of Western Arkansas
The defendant is charged, by an information preferred by the district attorney, and filed on the 5th of April, A. 'D. 1879, with violating section 5388 of the statutes of the United States, “by unlawfully cutting timber on lands situated and lying in the Cherokee Nation, in the Indian country, in the Western district of Arkansas, which said lands, in pursuance of law, may be reserved and purchased by the United States for military or other purposes.”
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The defendant is charged, by an information preferred by the district attorney, and filed on the 5th of April, A. 'D. 1879, with violating section 5388 of the statutes of the United States, “by unlawfully cutting timber on lands situated and lying in the Cherokee Nation, in the Indian country, in the Western district of Arkansas, which said lands, in pursuance of law, may be reserved and purchased by the United States for military or other purposes.” To the information the defendant, by his counsel, filed a demurrer, setting up (1) that the matters and things stated in the information do not…
1Opinion of the Court
PARKER. District Judge.
The first ground of the demurrer is the only one I propose to notice; because, if this act charged against the defendant is one which is declared an offence by the section referred to in the statement of the ease, I have no doubt the court has jurisdiction. Of course, if it is no offence, then it has no jurisdiction to try and punish, because there is nothing to which jurisdiction can attach. It is conceded in this case that the timber charged to have been cut by defendant was cut on lands formerly ceded by the United States to the Cherokee tribe of Indians. There are…
2Cases cited1 opinion
- Harris v. Doe, on the Demise of BarnettIndiana Supreme Court · 1837
3Cited by8 opinions
- United States v. RogersDistrict Court, W.D. Arkansas · 1885
- In re WolfDistrict Court, W.D. Arkansas · 1886
- Cherokee Strip Live Stock Ass'n v. Cass Land & Cattle Co.Supreme Court of Missouri · 1897
- United States v. AndersonDistrict Court, E.D. Wisconsin · 1915
- Mayes v. Cherokee Strip Live Stock Ass'nSupreme Court of Kansas · 1897
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