Page:Federal Reporter, 1st Series, Volume 4.djvu/796

 78S 7BDKBAL BEPOBTEB. �partially examined, and in ■whose ouslody they remaîn, awaiting further proceedings. The state of Colorado also claims that it has exclusive jurisdiction of the oflfence charged, npon the ground that the murder was committed within the territorial limits of that state, and in a place within its ex- clusive jurisdiction; and, by an information filed herein by the attorney general of the state, this court is requested to order that the pending proceedings before said commissioner be discontinued, and that the prisoners be turned over to the authorities of the state for trial. �The sole question for our consideration is, was the murder committed in a place within the exclusive jurisdiction of the United States? for if it was not, the federal jurisdiction oan- not be maintained. �Section 6339 of the Eevised Statutes of the United States provides that "every person who commits murder — First, within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States, ♦ * » shall suffer death." �Section 711 provides that "the jurisdiction vested in the courts of the United States,, in the cases and proceedings here- inafter mentioned, shall be exclusive of the courts of the sev- eral states — First, of ail crimes and offences cognizable under the authority of the United States. * * • • * *" �Section 2145, which is found under the title "Indians," provides as follows : "Except as to crimes, the punishment of which is expressly provided for in this title, the general laws of the United States as to the punishment of crimes commit- ted in any place within the sole and exclusive jui-isdiction of the United States, except the District of Columbia, shall ex- tend to the Indiau country," The punishment of the crime of murder is nowhere expressly provided for in said title, and it follows that where that crime is committed in the Indian country it is within the exclusive jurisdiction of the United States. The question, what territory is ineluded within the term "Indian country," as employed in section 2145 above quoted? is one not freefrom difficulty. The act entitled"An act to re"uliite trade and intercourse with the Indian tribcs. ����