by John Marshall Harlan

“ Looking at this question in every light in which it may be considered, we repeat the expression of our opinion that the Public Land Strip, west of the 100th meridian, bounded on the south by Texas, on the west by New Mexico, and on the north by Colorado and Kansas, was annexed by the act of 1889 to the eastern district of Texas for such judicial purposes as by that act appertained to the court held at Paris in that district. ”

“ So that the contention of the defendants is, in effect, that in respect to crimes committed outside of the states in some place within the exclusive jurisdiction of the United States, congress is forbidden by the second section of article 3 of the constitution from providing a place of trial different from the one in which the accused might have been tried at the time the offense was committed. ”

“ Did congress intend to attach the Public Land Strip to the eastern district of Texas for any purpose? That necessarily is the question to be first considered. And it must be determined without reference to the act of May 2, 1890, providing a temporary government for Oklahoma; for that act, while including this strip within the territory of Oklahoma, declares that all 'crimes committed in said territory' prior to its passage 'shall be tried and prosecuted, and proceeded with until finally disposed of, in the courts now [then] having jurisdiction thereof,' as if that act had not been passed. ”