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VOLUME AND PAGE REFERENCES
TO THE UNITED STATES REPORTS

The corresponding volumes and pages of the United States Reports are indicated in this volume by citations over the title of each case. This is supplemented by star paging. These features make this volume a complete substitute for the United States Reports.

(xxx)+

46 S.CT.

CASES

ARGUED AND DETERMINED

IN THE

UNITED STATES SUPREME COURT

OCTOBER TERM, 1925

(269 U. S. 13)

of peacemakers' court from taking further UNITED STATES ex rel. KENNEDY et al. steps to set aside probate of will of deceased Indian, held not entitled to relief in federal v. TYLER, Sheriff, et al. court by writ of habeas corpus, on ground that

(Argued April 21 and 22, 1925. Decided Oct. both they and lands within reservation, devised

12, 1925.)

No. 125.

1. Courts 489 (1)—Questions as to extent of state's judicial power over controversy with respect to Indians must be first submitted to state courts.

Questions whether state's judicial power extends to controversy in respect to the succession of Indian lands within state boundaries, whether peacemakers' court is subject to authority of state Supreme Court, and whether subject-matter of particular controversy and proceedings are within exclusive control of national government, and beyond authority of state, must be first submitted to state courts, and power of highest court of state be first exhausted, before authority of United States Supreme Court may be invoked.

2. Habeas corpus 45(3)-Power of federal court to issue habeas corpus to inquire as to legality of detention of person under authority of state court not unqualified.

Administration of justice in state court will not be interfered with, except in exceptional cases, and power of federal court to issue writ of habeas corpus to inquire into cause of detention of person asserting that he is held by authority of state court, in violation of Constitution, laws, or treaties of the United States, is not unqualified, but is to be exerted in exercise of a sound judicial discretion.

3. Habeas corpus 45 (3) Indians imprisoned for contempt in violating order of state court held not entitled to relief in federal court by writ of habeas corpus.

Administrator of estate of deceased Indian, appointed by peacemakers' court, and marshal of Indian reservation, imprisoned for contempt in violating order of state Supreme Court prohibiting administrator and members

by will, were outside sovereignty of state and of jurisdiction of its courts; extent of state judicial power in such matter being one which should have been first submitted to state courts. 4. Habeas corpus 45(2)—Financial inability of Indians, imprisoned for contempt by state court, to proceed in state courts, held not to entitle them to relief in federal courts by writ of habeas corpus.

Inability of Indians, imprisoned for contempt in violation of order of state court, to bear financial expense of proceedings for their protection in state court, or to furnish bonds required, held not to affect their right to relief in federal court by writ of habeas corpus.

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Messrs. James M. Beck, Sol. Gen., of Washington, D. C., Ira K. Wells, Asst. Atty. Gen., and W. W. Dyar, Sp. Asst. Atty. Gen., for the United States.

Mr. Edward G. Griffin, of New York City, for respondent Alice Estella Spring.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes 46 S.CT.-1

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