United States v. Kempf
District Court, E.D. Wisconsin
On Motion in Arrest of Judgment. This is an indictment under section 5388, Rev. St. (U. S. Comp. St. 1901, p. 3619), for cutting timber upon certain unallotted lands, being a portion of the Menominee Indian reservation in the state of Wisconsin.
1Opinion of the Court
QUARLES, District Judge.
It is contended in support of the motion that the state of Wisconsin was admitted into the Union upon the' same footing, possessing the same powers and jurisdiction, as one of the original states; that in the enabling act the federal government made no reservation of jurisdiction over the Indian country lying within the territorial limits of the state; that therefore the criminal jurisdiction of the state extends to all parts of its domain, and that, for the punishment of the crime of which the defendant was convicted, resort must be had to .the Wisconsin statute arid…
2Cases cited14 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- United States v. KagamaSupreme Court of the United States · 1886
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Camfield v. United StatesSupreme Court of the United States · 1897
- Ableman v. BoothSupreme Court of the United States · 1859
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