seymour superintendent argued december decided january petitioner imprisoned washington state penitentiary sentence attempted burglary imposed state petitioned state habeas corpus alleging indian alleged offense committed indian country therefore exclusive jurisdiction found petitioner member colville tribe denied habeas corpus ground place offense committed longer indian reservation though part colville indian reservation held colville indian reservation still existence land upon offense alleged occurred within limits reservation state courts jurisdiction try petitioner offense judgment denying habeas corpus reversed pp act march providing disposition surplus lands remaining south half diminished colville indian reservation dissolve reservation still existence pp even land upon alleged offense committed held patent fee different conclusion required since defines indian country including land within limits indian reservation notwithstanding issuance patent pp different conclusion required fact land offense occurred located within governmental townsite laid federal government act pp glen wilkinson argued cause filed briefs petitioner claron spencer briefs stephen way assistant attorney general washington argued cause respondent brief john attorney general request solicitor general rankin filed memorandum justice black delivered opinion petitioner paul seymour charged burglary state washington superior okanogan county pleaded guilty lesser included offense attempted burglary upon plea convicted sentenced serve seven years state penitentiary later commenced proceeding filing petition writ habeas corpus state urging state conviction void want jurisdiction grounds enrolled unemancipated member colville indian tribe therefore ward purported crime burglary convicted committed indian country defined burglary committed indian indian country offense within exclusive jurisdiction since petition return answer raised issues fact state referred matter original trial determine whether petitioner member colville tribe whether offense committed indian country hearings trial upheld petitioner claim membership colville tribe rejected contention burglary upon state conviction based occurred indian country trial conclusion crime take place indian country based upon factual doubt precise place burglary occurred fact undisputed conclusion rest upon uncertainty proper definition term indian country expressly recognized applicability defines term include land within limits indian reservation jurisdiction government notwithstanding issuance patent including running reservation rather trial conclusion rested solely upon holding although land upon burglary occurred within limits indian reservation reservation since dissolved land question restored public domain agreeing trial state denied petition habeas corpus holding previously state ex rel best superior still known south half diminished colville indian reservation longer indian reservation since question whether place crime occurred part indian reservation therefore indian country within meaning depends upon interpretation application federal law since resolution question presented case raises issues importance pertaining country relationship indian wards granted certiorari case turns upon current status colville indian reservation reservation created executive order president grant declared country bounded east south columbia river west okanagan river north british possessions hereby set apart reservation colville indians size reservation diminished congress passed act providing subject reservations allotments made individual colville indians original colville reservation since commonly referred north half vacated restored public domain act however purport affect status remaining part reservation since known south half diminished colville indian reservation instead expressly reaffirmed south half still reserved government colville indians use occupancy since burglary petitioner convicted occurred land within south half clear state jurisdiction offense charged found must based upon federal action subsequent act washington courts found authority assertion state jurisdiction act congress implemented presidential proclamation act provided sale mineral lands settlement entry homestead laws surplus lands remaining diminished colville reservation allotments first made patents issued acres land man woman child either belonging tribal relations said colville indian reservation presidential proclamation issued pursuant act simply prescribed method disposal surplus lands homestead laws act authorized washington courts viewed act presidential proclamation completely wiping south half colville reservation precisely manner act vacated restored north half reservation public domain upon careful consideration however agree conclusion support language act ignores important differences act provisions act restoring north half reservation public domain nowhere act found language similar act expressly vacating south half reservation restoring land public domain quite contrary act repeatedly refers colville reservation manner makes clear intention congress reservation continue exist moreover act unlike act provides proceeds disposition lands affected provisions shall deposited treasury credit colville confederated tribes indians belonging tribal rights colville indian reservation state washington act provided congressional power appropriate net proceeds sale disposition lands north half original reservation general public use consequently seems clear purpose act neither destroy existence diminished colville indian reservation lessen federal responsibility jurisdiction indians tribal rights reservation act open way settlers land reservation manner federal government acting guardian trustee indians regarded beneficial development wards proper construction act finds support subsequent congressional treatment reservation time time statutes enacted since congress explicitly recognized continued existence federal indian reservation south half diminished colville indian reservation recently congress enacted statute provides lands colville indian reservation washington dealt act march stat hereby restored tribal ownership held trust extent tribal lands existing reservation subject existing valid rights emphasis supplied construction act adopted department interior agency government primary responsibility indian affairs solicitor general urged construction upon case therefore conclude washington courts erred holding act dissolved colville indian reservation seems clear reservation still existence counsel state washington present two alternative contentions sound sustain jurisdiction state land question even act completely dissolve reservation manner held washington courts first rests upon assertion particular parcel land upon burglary committed held patent fee contention even though reservation dissolved completely act permitting settlers come upon limits diminished actual purchase land within land owned fee said reserved indians contention entirely implausible face indeed one time support distinguished commentators indian law issue since squarely put rest congressional enactment currently prevailing definition indian country include land within limits indian reservation jurisdiction government notwithstanding issuance patent state urges interpret words notwithstanding issuance patent mean notwithstanding issuance patent indian state suggest find adequate justification interpretation quite contrary seems us strongest argument exclusion patented lands indian reservation applies equal force patents issued indians alike argument rests upon fact existence nonexistence indian reservation therefore existence federal jurisdiction depends upon ownership particular parcels land law enforcement officers operating area find necessary search tract books order determine whether criminal jurisdiction particular offense even though committed within reservation state federal government impractical pattern checkerboard jurisdiction avoided plain language see justification adopting unwarranted construction language result merely recreate confusion congress specifically sought avoid second alternative contention pressed state washington rests upon fact land burglary occurred located within governmental townsite omak town laid federal government pursuant authority granted act state contends authorized townsite plot filed record okanogan county lands encompassed within townsite thereby dedicated public interest since dedication public inconsistent reservation indians lands became subject exercise criminal jurisdiction courts washington contention nothing variation state first alternative contention simply attempts make special case excluding reservation lands owned towns opposed lands owned individual arguments led us reject state first alternative contention though present somewhat less force nonetheless entirely adequate require answer contention moreover state point language definition indian country lends slightest support idea creating townsite within indian reservation federal government lessens scope responsibility indians living reservation celestine said congress established reservation tracts included within remain part reservation separated therefrom congress unable find congress taken away colville indians part land within boundaries area recognized reservation since since burglary petitioner charged occurred property plainly located within limits reservation courts washington jurisdiction try offense judgment washington denying petitioner plea writ habeas corpus therefore reversed cause remanded proceedings inconsistent opinion reversed remanded footnotes indian commits person property another indian person following offenses namely murder manslaughter rape incest assault intent kill assault dangerous weapon arson burglary robbery larceny within indian country shall subject laws penalties persons committing offenses within exclusive jurisdiction stat kappler indian affairs laws treaties ed stat stat stat see see stat stat stat stat stat stat stat stat two statutes stat passed stat passed illustrate may congressional confusion issue short period time referred former colville indian reservation washington stat also significant act recognizing continued existence colville reservation contained provision looking towards termination federal supervision property affairs confederated tribes members within reasonable time act followed closely act stat provided way state washington acquire jurisdiction reservation meeting certain conditions prescribed congress see williams lee note conditions yet met respect colville reservation see see cohen handbook federal indian law course work compiled amendment enacted present definition indian country set objection possibility administratively unworkable distribution criminal jurisdiction voiced solicitor department interior see frank black spotted horse