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as J) a IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OELAHOLMS © * —— of america, } Plaintirr, ) nd 1) es Wo. 5726. | dbsey and im. Ke. Hale, } : Defendants, ) at . 7 . i OPINION OH TEYURRERS TO INDICTENT ef oe “ Simee the demurrers wore sustained to the original indictment, i: 2 ° defeniants have besn aghin indicted, and the facts ‘have been fully ai-~ 35.8 leged, and as far as my be, to show that the place of the offense wos 5 ae Jag ahe time Indian comtry. From the averments it appears tc bo sur- . plus land allotted to Rose Little Star, an_enrolied Osage iniian, and co held in trust by the United States, no certificate of competency having deen issued to ber by the Secretary of the Interior and no sale author- ised by him. Demurrers being again interposed, counsel have been in- dulged to praesent elaborate arpments and briefa upon the question _ whether the allotment was Indian country, where the United States hes : Jurisdiction over the offense. ue a Sgn. BY the opinion vf thie court, sustaining the former demurrers, it ssi wae held essential to jurisdiction, that the aliotnent was Indian ccim- ° try, ‘that ig, that the allotment was held in trust by the Taited Stites. ing is deemad to be sound and is ahered to upon the euthority or ae metry ana tl the na allotments were held to be ‘the game, S35 tosy woe 4 “reserved from the lands opensd to settlenont and gniry ani heid in trust, subject to govermental control, and inalienable by the pllowecs. caoy _were acwrdingly found to be but diminished portions of the reservution, retaining their Indian character and deriving theiyv source from the .sscr- ve United States, 232 U. S. 442. There the-reservarion was. ifm ~-" ~ _-