United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. McGowan, 302 U.S. 535 (1938)

United States v. McGowan

No. 138

Argued December 17, 1937

Decided January 3, 1938

302 U.S. 535

Syllabus

1. The Reno Indian Colony is situated on lands owned by the United States within the Nevada, which were acquired by purchase for the purpose of establishing a permanent settlement for needy nonreservation Indians of the State and for the Washoe Tribe of Indians. It is under the superintendence of the Federal Government. Held "Indian country" within the meaning of 25 U.S.C. § 247, subjecting to forfeiture automobiles and other vehicles used in taking intoxicants into the "Indian country." P. 302 U. S. 539.

2. That an Indian settlement has been designated by Congress as a "colony," rather than a "reservation," does not prevent the application to it of a law relating to the "Indian country." P. 302 U. S. 539.

3. Congress alone has the right to determine the manner in which the Nation's guardianship over the Indians shall be carried out. P. 302 U. S. 538.

4. That the State has not relinquished jurisdiction over the area occupied by the Reno Indian Colony does not prevent the application to it of the federal law forbidding taking intoxicants into the "Indian country." P. 302 U. S. 539.

89 F.2d 201 reversed.

Certiorari, post, p. 666, to review a decree affirming a decree of the District Court, 16 F.Supp. 453, dismissing,

Page 302 U. S. 536

in two cases consolidated for trial, libels seeking forfeiture of automobiles under U.S.C. Tit. 25, § 247.