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Solem Vs. Bartlett

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  • US Supreme Court
  • Feb 22, 1984

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  1. Seymour Vs. Superintendent US Supreme Court · Jan 15, 1962
  2. Rosebud Sioux Tribe Vs. Kneip US Supreme Court · Apr 04, 1977
  3. Mattz Vs. Arnett US Supreme Court · Jun 11, 1973
  4. Lone Wolf Vs. Hitchcock US Supreme Court · Jan 05, 1903
  5. U.S. 463 (1984) U.S. Supreme Court Solem v. Bartlett
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  6. U.S. 463 (1984) Solem v. Bartlett
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  7. allotments, and, to a more limited degree, opened lands that had not yet been claimed by non-Indians. See Bates v. Clark
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  8. Ash Sheep Co. v. United
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  9. Act. Rather, it is settled law that some surplus land Acts diminished reservations, see, e.g., Rosebud Sioux Tribe v. Kneip
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  10. DeCoteau v. District
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  11. County Court, 420 U. S. 425 (1975), and other surplus land Acts did not, see, e.g., Mattz v. Arnett
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  12. area, the entire block retains its reservation status until Congress explicitly indicates otherwise. See United States v. Celestine
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  13. before diminishment will be found. Rosebud Sioux Tribe v. Kneip
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  14. interests strongly suggests that Congress meant to divest from the reservation all unallotted opened lands. DeCoteau v. District
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  15. that Congress meant for Page 465 U. S. 471 the tribe's reservation to be diminished. See DeCoteau v. District
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  16. have acknowledged that de facto, if not de jure, diminishment may have occurred. See Rosebud Sioux Tribe v. Kneip
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  17. to rule that diminishment did not take place and that the old reservation boundaries survived the opening. Mattz v. Arnett
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  18. being authorized to act as the Tribe's sales agent. Indeed, when faced with precisely the same language in Seymour v. Superintendent
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  19. these two phrases cannot carry the burden of establishing an express congressional purpose to diminish. Cf. Mattz v. Arnett
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  20. Indian country, state jurisdiction is limited to crimes by non-Indians against non-Indians, see New York ex rel. Ray v. Martin
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  21. United States v. Dupris
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  22. United States v. Long
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  23. Condon v. Erickson
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  24. See State v. Janis
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  25. Stankey v. Waddell
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  26. May 29, 1908, pp. 1-30 (undated manuscript) (hereinafter Hoxie), which was prepared for presentation in United States v. Dupris
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  27. See Montana v. United
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  28. and the Act further provided that the Tribe would receive full compensation in consideration for its loss. In DeCoteau v. District
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  29. Stat. 81. In Seymour v. Superintendent
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  30. a portion of the Colville Reservation to non-Indian settlers and did not diminish the reservation. See also Mattz v. Arnett
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  31. last two Acts were strikingly similar to the 1906 Act found not to have diminished the Colville Reservation in Seymour v. Superintendent
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  32. unequivocally demonstrated that Congress meant for each Act to diminish the Rosebud Reservation. Rosebud Sioux Tribe v. Kneip
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  33. At one time, it was thought that Indian consent was needed to diminish a reservation, but in Lone Wolf v. Hitchcock
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  34. remains Indian country seriously burdens the administration of state and local governments. See Rosebud Sioux Tribe v. Kneip
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  35. checkerboard jurisdiction arise if a largely Indian opened area is found to be outside Indian country. See Seymour v. Superintendent
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  36. that the second two Rosebud Acts must have diminished their reservation if the previous Act did. Rosebud Sioux Tribe v. Kneip
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  37. to diminishment in common lands, and not diminishment of reservation boundaries. See United States ex rel. Condon v. Erickson
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  38. in the so-called school lands provision and a subsequently enacted liquor prohibition for the opened lands. Stankey v. Waddell
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  39. liquor prohibition Act). Although we credited similar provisions as supportive of our holding in Rosebud Sioux Tribe v. Kneip
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  40. See Rosebud Sioux Tribe v. Kneip
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  41. state courts came to assume that the opened areas fell within their general criminal jurisdiction. See, e.g., State v. Barnes
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  42. It was only in 1973 that the Eighth Circuit challenged this assumption in United States ex rel. Condon v. Erickson
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  43. U.S. Supreme Court Solem v. Bartlett
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  44. See Bates v. Clark
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  45. See United States v. Celestine
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  46. See DeCoteau v. District
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  47. Cf. Mattz v. Arnett
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  48. Ray v. Martin
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  49. Condon v. Erickson
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  50. In DeCoteau v. District
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