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CONNOLLY v. UNITED STATES

No. 10890.

149 F.2d 666 (1945)

CONNOLLY et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 28, 1945.

Attorney(s) appearing for the Case

E. J. McCabe, of Great Falls, Mont., and S. J. Rigney, of Cut Bank, Mont., for appellants.

John B. Tansil, U. S. Atty., and Merle G. Groene, Asst. U. S. Atty., both of Billings, Mont., for appellee.

Before GARRECHT, HEALY, and BONE, Circuit Judges.

GARRECHT, Circuit Judge.

The lower court erred in imposing the statutory penalty. This will clearly appear from a detailed review of the record.

The complaint, filed in the District Court of the United States in and for the District of Montana, Great Falls Division, against Daniel and Brian Connolly, two members of the Blackfeet Indian Tribe, charged the defendant appellants with driving and herding cattle and horses on premises of the Blackfeet Indian Reservation...

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