Edward Douglass White

“ The mere reservation of jurisdiction and control by the United States of 'Indian lands' does not of necessity signify a retention of jurisdiction in the United States to punish all offenses committed on such lands by others than Indians or against Indians. ”

“ The assertion of jurisdiction in the courts of the United States over the crime of murder perpetrated by one not an Indian against one not an Indian is based on the fact that the offense was committed on an Indian reservation. ”

“ McBratney is therefore decisive of the question now before us, unless the enabling act of the state of Montana contained provisions taking that state out of the general rule, and depriving its courts of the jurisdiction to them belonging, and resulting from the very nature of the equality conferred on the state by virtue of its admission into the Union. Such exception is sought here to be evolved from certain provisions of the enabling act of Montana which were ratified by an ordinance of the convention which framed the constitution of that state. ”