(DOWNLOAD) "Bokas v. District Court" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bokas v. District Court
- Author : Supreme Court of Montana
- Release Date : January 12, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
COURTS, Jurisdiction of State and Federal Courts over Crimes Committed by Indian in Indian Country, Exclusive Jurisdiction in U.S. Courts ? CRIMINAL LAW, Forgery by Indian in Indian Country, Exclusive Jurisdiction in U.S. Courts ? INDIANS, Wards of U.S., Policy of Federal Government to Protect, Crimes by Indian Committed within Indian Reservation, Where Tried, Jurisdiction, Venue ? PROHIBITION, Writ of ? VENUE, Forgery, of Crime Committed by Indian in Indian Country. Words and Phrases "Indian Country." 1. Indians ? Criminal Law ? Indian Country ? Laws of U.S. ? Exclusive Jurisdiction. Statute, extending to Indian country general laws of the United States defining and prescribing punishments for forgery and for depredations upon the mails, was repealed by implication by enactment of statute extending to Indian country, except as otherwise expressly provided by law, general laws of the United States as to punishment of offenses committed in any place within the exclusive jurisdiction of the United States. 2. Indians ? Words and Phrases "Indian Country". Statutory definition of term "Indian country" limited such term to the area and lands within the limits of exterior boundaries of a regularly constituted Indian reservation established by United States law and supervised and administered by officer or employee of federal government for the benefit and in the interests of Indian wards residing thereon. 3. Indians ? Fort Peck Indian Reservation held "Indian country". Lands within the limits of exterior boundaries of Fort Peck Indian Reservation was "Indian country" within meaning of quoted term as defined by statute for purposes of statutes relating to exclusive jurisdiction of federal government over Indian wards. 4. Indians ? Jurisdiction of U.S. laws. Under federal laws, an Indian ward, while residing on and being on and within exterior boundaries of his Indian reservation, is under exclusive jurisdiction of federal government in regard to all crimes recognized and made applicable to Indian country by Congress. - Page 38 5. Indians ? Effect of Patent to Indian. Enrolled and allotted member of Indian tribe, residing on Indian reservation, who had never received a patent in fee of his allotment of land on reservation, was a ward of federal government under exclusive jurisdiction of federal government for all acts and crimes defined and made punishable by federal law, when committed within exterior boundaries of Indian reservation. 6. Indians ? Jurisdiction cannot be divided. There can be no divided jurisdiction in regard to Indian wards of the federal government. 7. Indians ? State court lacked jurisdiction. Where enrolled and allotted member of Indian tribe, residing on reservation, who had never received patent in fee of his allotment of land on reservation, allegedly committed offense of forging and attempting to pass a check at store, located upon ground lying within organized and supervised Indian reservation but to which United States had ceded all right, title and interest, state court lacked jurisdiction of offense and exclusive jurisdiction was in federal court.
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