Page:Federal Reporter, 1st Series, Volume 7.djvu/915

 UNITED STATES V. BBIDLEMAN. 903 �In the U. s. v. Leather, and Same v. Sturgeon, (D. C. Nev. Dist. July, 1879,) in a well-considered opinion, Mr. Justice Hillyer held that an Indian reservation established in Nevada on March 3, 1874, by a mere executive order, for " the use " of certain Indians, and afterwards recognized as such by con- gress, was " Indian country," within the meaning of sections 2133, 2139, and 2148 of the Revised Statutes, providing for punishing persons who reside or trade in the Indian country without lieense, or return thither after being removed there- from, or introduce spirituous liquor into such country or dis- pose of the same to an Indian therein, �Assuming, then, that the Umatilla reservation exists as established by the treaty, it is still "Indian country," set apart by law for the "exclusive use" of the Indians, and all crimes committed -within it, by a white man upon an Indian, and vice versa, and made punishable by the laws of the United States, are within the jurisdiction of the federal courts for this district. �There is also much force in the suggestion made by Mr. Justice Hillyer in U. S. v. Lecttherg, supra, that as section 1 of the act of 1834, defining or describing the then limita or estent of the "Indian country," was repealed by title 74 of the Revised Statutes, (December 1, 1873,) there is now no Indian country to which the various provisions in title 28 of the Revised Statutes, relating to such country, and the con- duct of persons thereon and thereabout, can apply, unless the several reservations set apart for their exclusive use in the various states are considered to be such. ��� �