Page:Federal Reporter, 1st Series, Volume 4.djvu/793

XJNITED STATES V. BERBY. 779 �United States v. Bebbt and others. �(District Court, D. Colorado. November 8, 1880.) �1. U. S. CoMMissioNEK— Warr of, Pbohibition. — A United States com- �missioner, when acting as an examinlng magistrats, is a mere offlcer of the court, as to ■whom the writ of prohibition is never employed. �2. Samb — OoNTROii op THE CotTKT. — Buch commissioner, howeyer, is sub- �ject to the control of the court when acting as an examining msgig- trate, and the court can assume control of the proccedings vlieneTer justice may require that it shoUld be done. �3. IFteTseatt— CoLOEADO— Enablinq Aot— 18 St. 474.— The treaty be- �tween the TJnited States and the several bands of Ute Indians, pro- claimed March 2, 1868, is not repealed by the provisions of the sçt eutitled "An act to enable the people of Colorado to form s constitu» tion and state government," etc., approved March 3, 1875, (18 ST. 474.) �4. Utb Resektatiou— Fbdbbal Jubisdiction.— ff«î(î, therefore, that the �Ute reservation still remains witbin the sole and exclusive juris^ diction of the United States. �C. W. Wright, Att'y Gen,, for the State. �E. L. Johnson, U. S. Dist. Att'y, for the government. �B. M. Hughes, S. E. Browne, T. M. Patterson, and T. Maçon, for defendants. �Hallett, D. J. Three persons charged with homicide com- mitted on an Indian reservation are held by the marshal, under a warrant issued by a circuit court commissioner, to answer for that crime. It seems that the commissioner assumes jurisdiction to- act in the promises on the ground that the place of the alleged crime is within the sole and exclusive jurisdiction of the United States. Denying that proposition, and affirming that the place where the crime is said to have been committed is within the criminal jurisaic- tion of the state, the attorney general of the state suggests to the court that the proeeedings of the commissioner are with- out authority, and he prays ihui prohibition may issue to arrest them,in order that the state may proceed against the offend- ers. In support of the application, it is assumed that in mak- ing inquiry as to the violations of the laws of the United States a commissioner may be regarded as holding an irife- ����