David Josiah Brewer

“ When by statute a particular way is prescribed for raising an objection, and a party neglects to pursue the statutory way, and the objection is one which could have been cured at the time if attention had been called to it, must he not be adjudged to have waived that objection? ”

“ It follows that as the circuit courts of the United States have jurisdiction over the crime of murder committed within any fort, arsenal, or other place within the exclusive jurisdiction of the United States, so prior to 1885 the district courts of a territory had jurisdiction over the crime of murder committed by any person other than an Indian upon an Indian reservation within its territorial limits, and that such jurisdiction has not been taken away by the legislation of that year. ”

“ Prior to 1889 the territorial law authorized the finding of an indictment on the concurrence of 12 grand jurors. Rev. St. Ariz. p. 778, § 1430. As similar provision is found in the federal statutes. Rev. St. U.S. § 1021. The act of 1889 made no change in this respect; so, whether the grand jury was composed of 13, the lowest number sufficient under the prior law, or 23, the highest number named in the act of 1889, the concurrence of 12 would have required the finding of an indictment. By petitioner's argument, if there had been 2 more grand jurors it would have been a legal body. ”

“ The jurisdiction of the United States over these reservations, and the power of congress to provide for the punishment of all offenses committed therein, by whomsoever committed, are not open questions. ”

“ The response thereto is that no such act was passed, and that, even if it were, the defect in the number of grand jurors did not vitiate the entire proceedings, so that they could be challenged collaterally on habeas corpus, but was only a matter of error, to be corrected by proceedings in error. ”