In the United States v. Allred case of 1894, the Supreme Court ruled on a dispute over land ownership in Oklahoma. The defendant, Allred, claimed that he had acquired title to certain lands through occupancy and improvements made while the area was considered Indian Territory not subject to federal law. However, when Congress later passed an act incorporating this territory into Oklahoma and making it subject to U.S laws, a conflict arose as another party also claimed ownership under these new laws. The court held that since Congress has exclusive jurisdiction over Indian territories until they are incorporated into states or other political entities within the Union; any claim based on possession prior to such incorporation is invalid against subsequent claims recognized by U.S law after incorporation occurs.

In the dissenting opinion for United States v. Allred, Justice Brewer argued that the U.S. government does not have jurisdiction over crimes committed by non-Indians against other non-Indians in Indian Territory. He contended that such authority was never explicitly granted to Congress and therefore should be considered a power reserved to individual states under the Tenth Amendment of the Constitution. Furthermore, he pointed out inconsistencies in previous court rulings on similar matters, suggesting a lack of clear legal precedent supporting federal jurisdiction in these cases. Ultimately, Brewer expressed concern about potential abuses of power if Congress were allowed to exercise unchecked control over criminal justice matters within Indian Territory without explicit constitutional authorization.