United States v. McGowan, 302 U.S. 535 (1938). · Go Syfert
United States v. McGowan, 302 U.S. 535 (1938). Cases Citing This Book View Copy Cite
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Land validly set apart for the use of Indians under government superintendence constitutes Indian country regardless of its designation as a colony or reservation.

The United States sought the forfeiture of vehicles used to transport intoxicants into the Reno Indian Colony. The lower courts held that the colony did not constitute "Indian country" under federal statute. The Supreme Court addressed whether land set apart by the government for the use and supervision of Indians, despite being designated as a colony rather than a reservation, qualifies as Indian country. The Court held that because the land was validly set apart for the use of the Indians under government superintendence, it is considered Indian country. The Court concluded that Congress possesses broad power to legislate for the protection of Indians wherever they reside within United States territory.

638 citation events (166 in the last 25 years) across 55 distinct courts.
Treatment trajectory · 1938 → 2026 · click a year to view as-of
1938 1982 2026
Cited for
At page 539 Determining if territory constitutes Indian country16 citing cases“has authority to enact regulations and protective laws respecting this territory.”3 citing courts quote it · also cited as 82 L. Ed. at 413
  • Chad Brackeen v. David Bernhardt, No. 18-11479 (5th Cir. Aug. 16, 2019).published
    (Congress possesses the broad power of legislating for the protection of the Indians wherever they may be within the territory of the United States.)
  • Chad Brackeen v. David Bernhardt, 937 F.3d 406 (5th Cir. 2019).published
    (Congress possesses the broad power of legislating for the protection of the Indians wherever they may be within the territory of the United States.)
  • Alaska v. Native Vill. of Venetie Tribal Gov't, 522 U.S. 520 (1998).published 3 cites
    (The Reno Colony has been validly set apart for the use of the Indians. It is under the superintendence of the Government. The Government retains title to the lands which it permits the Indians to occupy)
  • Hydro Resources, Inc. v. United States Env't Prot. Agency, 608 F.3d 1131 (10th Cir. 2010).published 12 cites
    Id. ; see also United States v. McGowan, 302 U.S. 535, 538 , 58 S.Ct. 286 , 82 L.Ed. 410 (1938) ("Congress alone has the right to determine the manner in which this country's guardianship over the Indians shall be carried out."); cf. Roseb…
  • Hydro Resources, Inc. v. USEPA, 608 F.3d 1131 (10th Cir. 2009).published 3 cites
    Id.; see also United States v. -42- M cGowan, 302 U.S. 535, 538 (1938) (“Congress alone has the right to determine the manner in which this country’s guardianship over the Indians shall be carried out.”); cf. Rosebud Sioux Tribe v. Kneip,…
  • Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).published 2 cites
    “protection of the Indians wherever they may be”
  • Stagner v. Wyoming State Tax Comm'n, 682 P.2d 326 (Wyo. 1984).published
    Since this burden is not, strictly speaking, a tax at all, it is not governed by the language of Mescalero [Apache Tribe v. Jones, 411 U.S. 145 , 93 S.Ct. 1267 , 36 L.Ed.2d 114 (1973) ], dealing with the ‘special area of state taxation.’ W…
  • Rice v. Rehner, 463 U.S. 713 (1983).published 2 cites
    Enactments of the Federal Government passed to protect and guard its Indian wards only affect the operation, within the colony, of such state laws as conflict with the federal enactments." United States v. McGowan, 302 U. S. 535, 539 (1938…
  • N. Paiute Nation v. United States, 225 Ct. Cl. 275 (Ct. Cl. 1980).published
    This timber reservation was truly “Indian Country.” See United States v. McGowan, 302 U.S. 535, 539 (1938); United States v. Pelican, 232 U.S. 442, 449 (1914).
  • Cent. Mach. Co. v. Arizona State Tax Comm'n, 448 U.S. 160 (1980).published 2 cites
    Rejecting an argument based on Warren Trading Post, the Court concluded that federal laws “ 'passed to protect and guard [the Indians] only affect the operation, within the [reservation], of such state laws as conflict with the federal ena…
Show 6 more citing cases
At page 538 Determining Indian country status and government guardianship11 citing cases“congress alone has the right to determine the manner in which this country's guardianship over the indians shall be carried out.”3 citing courts quote it
  • Alaska v. Native Vill. of Venetie Tribal Gov't, 522 U.S. 520 (1998).published 3 cites
    See, e. g., United States v. McGowan, 302 U. S. 535, 539 (1938) (“The Reno Colony has been validly set apart for the use of the Indians.
  • Hydro Resources, Inc. v. United States Env't Prot. Agency, 608 F.3d 1131 (10th Cir. 2010).published 12 cites
    (Congress alone has the right to determine the manner in which this country's guardianship over the Indians shall be carried out.)
  • Hydro Resources, Inc. v. USEPA, 608 F.3d 1131 (10th Cir. 2009).published 3 cites
    (Congress alone has the right to determine the manner in which this country’s guardianship over the Indians shall be carried out.)
  • Citizens Against Casino Gambling in Erie Cty. v. Chaudhuri, No. 11-5171(L) (2d Cir. Sept. 15, 2015).published
    Therefore, we consider whether it qualifies as a 14 “dependent Indian communit[y].” See 18 U.S.C. § 1151 . 15 Significantly, the term “dependent Indian communities” 16 developed historically, as “[t]he entire text of § 1151(b), 17 . . . [i…
  • State v. Romero, 2006-NMSC-039.published
    (examining "reservation" versus "colony)
  • Duncan v. United States, 229 Ct. Cl. 120 (Ct. Cl. 1981).published
    In addition to purchasing lands, the 1906 Act authorized the Secretary of the Interior to "fence, survey and mark the boundaries of such Indian Reservations.” See generally United States Department of the Interior, Federal Indian Law 609 (…
  • Dep't of Game v. Puyallup Tribe, Inc., 422 P.2d 754 (Wash. 1967).published 2 cites
    Creek County v. Seber, 318 U.S. 705, 718 (1943); United States v. McGowan, 302 U.S. 535, 538 (1938); United States v. Nice, 241 U.S. 591, 598 (1916); United States v. Sandoval, 231 U.S. 28 (1913).
  • State ex rel. Irvine v. Dist. Court of Fourth Jud. Dist., 239 P.2d 272 (Mont. 1951).published
    In United States v. McGowan, 302 U. S. 535, 538, 539 , 58 S. Ct. 286, 288 , 82 L.
  • United States v. Parton, 132 F.2d 886 (4th Cir. 1943).published
    In accord are the decisions of the Supreme Court in United States v. McGowan, 302 U.S. 535, 538, 539 , 58 S.Ct. 286 , 82 L.Ed. 410 ; United States v. Sandoval, 231 U.S. 28, 46 , 34 S.Ct. 1 , 58 L.Ed. 107 ; State of Minnesota v. Hitchcock,…
  • United States v. Jose Guadalupe Dominguez-Botello, 51 F.3d 283 (9th Cir. 1995).unpublished
Show 1 more citing case
At page 537 Defining the purpose and status of the Reno Indian Colony8 citing cases“providing lands for needy indians scattered over the state of nevada, and to equip and supervise these indians in establishing a permanent settlement.”1 citing court quotes it · 7 listed here
  • Alaska v. Native Vill. of Venetie Tribal Gov't, 522 U.S. 520 (1998).published 3 cites
    See, e. g., United States v. McGowan, 302 U. S. 535, 539 (1938) (“The Reno Colony has been validly set apart for the use of the Indians.
  • Hydro Resources, Inc. v. United States Env't Prot. Agency, 608 F.3d 1131 (10th Cir. 2010).published 12 cites
    Id. ; see also United States v. McGowan, 302 U.S. 535, 538 , 58 S.Ct. 286 , 82 L.Ed. 410 (1938) ("Congress alone has the right to determine the manner in which this country's guardianship over the Indians shall be carried out."); cf. Roseb…
  • Hydro Resources, Inc. v. USEPA, 608 F.3d 1131 (10th Cir. 2009).published 3 cites
    Id.; see also United States v. -42- M cGowan, 302 U.S. 535, 538 (1938) (“Congress alone has the right to determine the manner in which this country’s guardianship over the Indians shall be carried out.”); cf. Rosebud Sioux Tribe v. Kneip,…
  • Little Traverse Bay Bands of Odawa Indians v. Gretchen Whitmer, 998 F.3d 269 (6th Cir. 2021).published
    (declaring the disputed land Indian Country in part because the federal government held ownership of the land to protect dependent Indians living there)
  • State v. Steven B., 2015-NMSC-020, 352 P.3d 1181.published 2 cites
    See Blatchford, 1983-NMSC-060 , ¶ 9 (noting that the dependent 16 Indian community language in § 1151(b) stemmed from United States v. Sandoval, 17 231 U.S. 28 (1913), and United States v. McGowan, 302 U.S. 535 (1938)). 18 {10} To determin…
  • Ho-Chunk Nation v. Wisconsin Dep't of Revenue, 2008 WI App 95, 754 N.W.2d 186.published
    See United States v. McGowan, 302 U.S. 535, 537 (1938); see also United States v. John, 437 U.S. 634 , 649 n.18 (1978).
  • United States v. M.C., 311 F. Supp. 2d 1281 (D.N.M. 2004).published
Congress’ intent controls for determining Indian country; designation as a “colony” or “reservation” immaterialno pin page on record · 2 citing cases listed
82 L. Ed. at 513 cited at this page1 citing case
  • Confederated Salish & Kootenai Tribes, Mont. v. Moe, 392 F. Supp. 1297 (D. Mont. 1975).published 2 cites
    Likewise the validity of State taxation of personalty of a non-Indian within Indian country has been sustained.” 20 (Footnotes omitted.) Id., at 513-514.
Other citing cases19 with no pin cite or quoted language on record
Show 9 more citing cases
Retrieving the full opinion text from the archive…
UNITED STATES
v.
McGOWAN Et Al.
138.
Supreme Court of the United States.
Jan 3, 1938.
Published opinion
302 U.S. 535
1938 U.S. LEXIS 6
Mr. William H. Ramsey, with whom Solicitor General Reed, Assistant Attorney General McMahon, and Messrs. William W. Barron and W. Marvin Smith were on the brief, for the United States., No appearance for claimants-respondents.*
Black, Cardozo.
Cited by 172 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 67%
Citer courts: Tenth Circuit (7)
Mr. Justice Black

delivered the opinion of the Court.

The Court of Appeals affirmed a decree of the District Court dismissing libel proceedings brought by the United States praying forfeiture of two automobiles used to carry intoxicants into the Reno (Nevada) Indian Colony. [1] The proceedings were instituted under Title 25, U. S. C. § 247 which provides in part: [2]

“Automobiles or any other vehicles or conveyances used in introducing, or attempting to introduce, intoxicants into the Indian country, or where the introduction is prohibited by treaty or Federal statute, whether used by the owner thereof or other person, shall be subject to . . . seizure, libel, and forfeiture . . .”

Both courts below concluded that the Reno Indian Colony is not “Indian country” within the meaning of this statute.

The only question for determination is whether this colony is such Indian country. In this inquiry, both the legislative history of the term “Indian country” and the traditional policy of the United States in regulating the sale of intoxicants to Indians are important.

[*537] The Reno Indian Colony is composed of several hundred Indians residing on a tract of 28.38 acres of land owned by the United States and purchased out of funds appropriated by Congress in 1917 [3] and in 1926. [4] The purpose of Congress in creating this colony was to provide lands for needy Indians scattered over the State of Nevada, and to equip and supervise these Indians in establishing a permanent settlement. [5]

The words “Indian country” have appeared in the statutes relating to Indians for more than a century. [6] We must consider “the changes which have taken place in our[*538] situation, with a view of determining from time to time what must be regarded as Indian country where it is spoken of in the statutes.” [7] Also, due regard must be given to the fact that from an early period of our history, the Government has prescribed severe penalties to enforce laws regulating the sale of liquor on lands occupied by Indians under government supervision. Indians of the Reno Colony have been established in homes under the supervision and guardianship of the United States. The policy of Congress, uniformly enforced through the decisions of this Court, has been to regulate the liquor traffic with Indians occupying such a settlement. [8] This protection is extended by the United States “over all dependent Indian communities within its borders, whether within its original territory or territory subsequently acquired, and whether within or without the limits of a State.” [9] [Italics added.]

The fundamental consideration of both Congress and the Department of the Interior in establishing this colony has been the protection of a dependent people. [10] Indians in this colony have been afforded the same protection by the government as that given Indians in other settlements known as “reservations.” Congress alone has the right to determine the manner in which this country’s guardianship over the Indians shall be carried out, [11] and it is immaterial whether Congress designates a settle[*539] ment as a “reservation” or “colony.” In the case of United States v. Pelican, 232 U. S. 442, 449, this Court said:

“In the present case the original reservation was Indian country simply because it had been validly set apart for the use of the Indians as such, under the superintendence of the Government.” [Italics added.]

The Reno Colony has been validly set apart for the use of the Indians. It is under the superintendence of the Government. The Government retains title to the lands which it permits the Indians to occupy. The Government has authority to enact regulations and protective laws respecting this territory. [12] “. . . Congress possesses the broad power of legislating for the protection of the Indians wherever they may be within the territory of the United States . . .” United States v. Ramsey, 271 U. S. 467, 471.

When we view the facts of this case in the light of the relationship which has long existed between the Government and the Indians — and which continues to date [13] — it is not reasonably possible to draw any distinction between this Indian “colony” and “Indian country.” We conclude that § 247 of Title 25, supra, does apply to the Reno Colony.

2. The federal prohibition against taking intoxicants into this Indian colony does not deprive the State of Nevada of its sovereignty over the area in question. The Federal Government does not assert exclusive jurisdiction within the colony. Enactments of the Federal Government passed to protect and guard its Indian wards only affect the operation, within the colony, of such state laws as conflict with the federal enactments. [14]

[*540] Under the findings made by the District Court in this cause, a decree of forfeiture should have been rendered against the automobiles involved. The judgment of the Court of Appeals is reversed and the cause is remanded to the District Court for action to be taken in accordance with this opinion.

Reversed.

MR. Justice Cardozo took no part in the consideration or decision of this case.
1

Certiorari granted, post, p. 666.

2

39 Stat. 970.

3

39 Stat. 123, 143.

4

44 Stat. 496. The Act of 1917, under authority of which 20 acres of land were bought, contained items reading as follows:

“For the purpose of procuring home and farm sites, with adequate water rights, and providing agricultural equipment and instruction and other necessary supplies for the nonreservation Indians in the State of Nevada, $15,000 . . .”

“For the purchase of land and water rights for the Washoe Tribe of Indians, the title to which is to be held in the United States for the benefit of said Indians, $10,000, to be immediately available; for the support and civilization of said Indians, $5,000; in all, $15,000.”

On recommendation of the Secretary of the Interior the 1926 additional appropriation was made and 8.38 acres were added to the Colony to taire care of additional worthy Indian families who were anxious to establish homes in the Colony. See, House Report No. 795, 69th Congress, 1st Session.

5

Hearings on the 1917 Act disclosed the following statement by the Senator sponsoring the appropriation:

“These Indians live just from hand to mouth. . . . They have no reservation to live on, and no protection whatever, and it is an outrage. ... It is useless to go and appropriate for some public lands unless you can acquire water rights for them. . . . Those who take the most interest in Indian affairs in our State (Nevada) think the best thing to do is to purchase a tract of real agricultural land, say, 100 acres, close to Carson City, with a water right, where these Indians can raise garden stuff and chickens, and have a home and a market for their produce.” Hearings, Comm. on Indian Affairs, U. S. Senate, on H. R. 20150, Vol. 1, pp. 226, 227 (1915).

6

See, Act of June 30, 1834, 4 Stat. 729, c. 161.

7

Ex parte Crow Dog, 109 U. S. 556, 561; Clairmont v. United States, 225 U. S. 551, 557.

8

The House Committee Report on the 1917 appropriation reads in part: “The active and wholesome policy of the present commissioner in preventing the sale of intoxicating liquors to the Indians and in using their surplus or tribal funds in the purchasing of live stock to put on their reservations has been a very long step in the right direction.” [Italics added.] House Report, Volume 1, 64th Congress, 1st Session, Report No. 87, page 2.

9

United States v. Sandoval, 231 U. S. 28, 46.

10

Cf. United States v. Pelican, 232 U. S. 442, 450.

11

United States v. Sandoval, supra.

12

“ Hallowell v. United States, 221 U. S. 317; Constitution, Art. IV, Sec. 3, Cl. 2.

13

Cf. Act of June 18, 1934, c. 576, 48 Stat. 984.

14

See, Hallowell v. United States, supra; Surplus Trading Co. v. Cook, 281 U. S. 647.