McGowan

This appeal is from a decree of dismissal upon two libels filed against two automobiles owned by appellees, praying condemnation and forfeiture of said automobiles, for having introduced into the Reno Indian Colony, near Reno, Nev., a bottle of whisky found upon each car, in violation of 25 US. C.A. § 247.

The determining factor is whether the “Indian Colony” is “Indian country.”

The land was purchased by the United States, twenty acres March 8, 1917 for the sum of $6,000, being paid in equal parts from two items of the appropriation to the Interior Department for the fiscal year 1917 ( 39 Stat. 123 , 143, § 13). The items read as follows:

That 8.38- acres were purchased by the United States January 22, 1927, for the sum of $4,160, paid from funds appropriated under the Act of May 10, 1926 (44 Stat. Ch. 278, p. 496), reading in part as follows: “Be it enacted * * * That the Secretary of the Interior be, and he is hereby, authorized to purchase * * * eight and forty-two hundredths acres, * * * to * * * become a part of the site for the Reno Indian colony heretofore purchased by the Government: Provided further, That the sum of $4,300 is hereby authorized to be appropriated out…