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· 11/20/1903

United States v. Kiya

Citations

  • 126 F. 879
  • 1903 U.S. Dist. LEXIS 60

Syllabus

<p>1. Indians — Public Lands — Allottees—State Laws — Application.</p> <p>Act Cong. Feb. 8, 1887 • (24 Stat. 389), provides for the allotment of lands in severalty to Indians residing on Indian reservations, the title to be held in trust by the government for 25 years or longer, and at the expiration of such period an absolute title vests in the allottee; and sectton 6 declares that on the completion of the allotments each allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the state or territory in which he may reside. Held, that after public land had been allotted to an Indian under such act he was not subject to prosecution for violating Act Cong. Jan. 15, 1897, c. 29, 29 Stat. 487 [U. S. Comp. St. 1901, p. 3620], prohibiting the commission of rape within the limits of an Indian reservation, but which contained no express provision that it should be applicable to Indians residing on allotted lands, but was subject to the laws of the state in which the crime was alleged to have been committed.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that due process is violated when “[a]ll the evidence forming the foundation for the exercise by the trial judge of judicial discretion emanated from outside the record of the trial.”
  • 'Whatever may have been the personal observations and individual views of the judge as a person, these factors have no place whatever in his exercise of judicial discretion.'
  • 'Whatever may have been the personal observations and individual views of the judge as a person, these factors have no place whatever in his exercise of judicial discretion.'

Source: CourtListener parenthetical corpus (CC0).

Judges: Amidon

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