United States v. McGowan
Headline: Court rules Reno Indian Colony is Indian country and allows federal seizure of cars used to bring alcohol there, protecting colony residents while leaving Nevada’s general authority intact.
Holding: The Court held that the Reno Indian Colony is "Indian country" under 25 U.S.C. §247, so the federal ban on bringing intoxicants there applies and the Government may seek seizure and forfeiture of the cars.
- Permits federal seizure and forfeiture of vehicles used to bring alcohol into the Reno Colony.
- Strengthens federal protection against liquor sales to residents of dependent Indian communities.
- Leaves Nevada’s state authority intact except when state laws conflict with federal protections.
Summary
Background
The United States filed a suit to seize two cars used to carry alcohol into the Reno Indian Colony. The colony is a 28.38‑acre tract owned by the federal government, bought with congressional funds in 1917 and 1926 to provide homes and supervision for several hundred needy Indians. Lower courts dismissed the forfeiture, concluding the colony was not “Indian country,” so the Government appealed.
Reasoning
The central question was whether the colony counts as “Indian country” for a federal law that forbids bringing intoxicants into Indian lands and allows seizure of vehicles used in that activity. The Court examined the statute’s history and long-standing federal policy of protecting dependent Indian communities. It found the colony was validly set aside for Indians, under government supervision, with title retained by the United States, and therefore no meaningful difference exists between this colony and a reservation for the law’s purposes. The Court held the federal prohibition applies and that a forfeiture order was appropriate.
Real world impact
As a result, vehicles used to bring alcohol into the Reno Colony may be seized and forfeited, which strengthens protection of the colony’s residents against liquor traffic. The opinion also makes clear Nevada retains basic state authority over the area, but state laws giving different results cannot operate where they conflict with federal protections. The case was sent back to the District Court to enter the seizure and forfeiture order.
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