Hugo Black

“ This procedure was to be followed until Congress made 'other equitable provision for the purpose.' This latter language, upon which the petitioner most strongly relies as imposing a duty upon the United States to exercise jurisdiction over the whole Reservation to the exclusion of the State, even as to offenses committed by whites against whites, cannot properly be interpreted as the petitioner asks. The entire emphasis in treaties and Congressional enactments dealing with Indian affairs has always been focused upon the treatment of the Indians themselves and their property. ”

“ As we have seen, the Colorado enabling act was held in the McBratney case to put Colorado 'on an equal footing with the original States', and to repeal earlier legislation and treaties inconsistent with the enabling act. The fact that Colorado was put on an equal footing with the original states obviously did not give it any greater power than New York. nd no greater power can be inferred from the repealing function of the enabling act, since, as we shall point out, the statutes and treaties which petitioner claims deprive New York of jurisdiction do not in fact do so. ”

“ Such injuries were to be reported by each nation to the other with a view of having the nation to which the individual offender belonged take 'such prudent measures * * * as shall be necessary to preserve * * * peace and friendship unbroken.' Art. ”