Draper v. United States,
164 U.S. 240 (1896)

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U.S. Supreme Court

Draper v. United States, 164 U.S. 240 (1896)

Draper v. United States

No. 496

Submitted October 23, 1896

Decided November 30, 1896

164 U.S. 240


When the enabling act admitting a state into the Union contains no exclusion of jurisdiction as to crimes committed on an Indian reservation by others than Indians or against Indians, the state courts are vested with jurisdiction to try and punish such crimes. United States v. McBratney, 104 U. S. 621, to this point affirmed and followed.

The provision in the enabling act of Montana that the "Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States" does not affect the application of this general rule to the State of Montana.

The case is stated in the opinion.

Page 164 U. S. 241

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