SPHERE OF FEDERAL GOVERNMENT 47 



By an act of June 2, 1924 51 all Indians born within the 

 territorial limits of the United States, not before granted 

 citizenship, were declared to be citizens of the United States. 

 The act did not, however, alter in any way the control of 

 the Bureau of Indian Affairs over the tribal and individual 

 property of the Indian ; nor did it change the laws that apply 

 to the person of the Indian. Thus, the unallotted Indian 

 living on a reservation is still not subject to state laws, and 

 is subject to those of the United States only for certain 

 specified offenses. 52 



State game laws extend to Indian reservations located in 

 states where the United States at the time of the creating 

 the state did not reserve to itself complete jurisdiction, 53 

 and neither Indian nor non-Indian may take game legally in 

 violation of them. Indians, nevertheless, may violate state 

 game laws while on the reservation with immunity because of 

 their particular relation to the national government as its 

 wards, which protects them from arrest by state officers. 

 However, the moment game taken in violation of a state 

 game law by an Indian passes to a non-Indian by gift or sale, 

 it becomes liable to seizure by state officers. 54 



A different situation arises when the reservation has been 

 excepted from state sovereignty in the act admitting the 

 state to the Union as in the instance of some of the states 

 west of the Mississippi. 55 In such case the state game laws 

 stop at the boundary of the reservation and apply neither to 

 Indians nor non-Indians on the reservation. 56 



51 43 Stat. L. 253. 



52 State v. Big Sheep, 75 Mont. 335, 243 Pac. 1067 (1926). 



53 Applies to states east of the Mississippi chiefly. See State v. 

 Campbell, 53 Minn. 354, 55 N. W. 553 (1893). 



54 Selkirk v. Stephens, 72 Minn. 335, 75 N. W. 386 (1898). 



55 Kansas Indians, 5 Wall, 737 (1867) ; Hollister v. United States, 145 

 Fed. 773 (1906). 



56 Lang ford v. Montheith, 102 U. S. 145 (1880) ; State v. Big Sheep, 

 75 Mont. 335, 245 Pac. 1067 (1926). 



