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Show OOMMIBSIONER OF INDIAN AFB'AIRS. 21 this whole region was Indian country and was occupied by Indians, but it is claimed that the Indian title has since, either by treaties between the Indians and the Government or as the result of acts of Congress permitting allotments to be made, been extinguished, and that in respect to this particuiar tract the title has been passed to a white man, and therefore it is no longer Indian muntry. The Government claims that whether the title has been extinguished as to this particuiar tract or not, that under the treaty with the Indians of the Pillager and Mississippi Chippewa bands in 1856 the iaw in respect to the introduction of liquor in this particular country remains, and that clalm Is supported by the decision of the United States Supreme Court in the case of United States v. Four Gallons of Whiskey (93 U. S., 198). Section 7 of that treaty of 1855 provides that "the laws which have been or may be enacted by Congress regulating trade and intercourse with the Indian tribes are to continue and be in force within the several reservations provided for herein; and those portions of said laws which prohibit the introduction, mannfacture, use of, and tratBc in ardent spirits, wines, or other liquors in the Indian country shali continue and be in force, within the entire boundaries of the country herein ceded to the United States, until otherwise provided by Congress." It is conceded that the tract of land in question was included within this country to which this partleuiar treaty applies. It has been held by the Attorney-General, in Opinions of Attornev-General (voi. 22. D. 232). that the obrase " Indian countm " is a pen-eral phrase applying to the region which is occupied and inhahited byihe ~ndians, and that it may incinde 'a Darticuiar tract of land as to which the Indian title has ceased if it is within the general or outside boundaries of that Indian conntry; that the mere fact that the title to a particular small tract of land bas passed through the Government to a particu!ar individual will not exclude it from being part of the Indian country, although the tribal right to possession ' as to that particuiar part has been extinguished. And with that holding I am inclined to agree. It seems to me that the term "Indian country" is a general term which applies to a region that is generally occupied by the Indiana, although there may be a small tract or scattered tracts within its boundaries wherein the Indian title has been extinguished. If in general a tribai right of possession continues or it is in possession of the Indians by ailot-ment or otherwise, it remains, in my judgment, Indian country. The only difficulty that I find in relation to the question arises from the amend-ment of January 30, 1897, which is an act providing specifically with reference to the sale of intoxicating liquors to Indians and the bringing of intoxicating liquor into the Indian country, and which makes guilty of a misdemeanor "any Person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous iiquor of any kind whatsoever, or any essence, extract, bit-ters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, tc any Indian to whom aliot-ment of land has been made whiie the title to the same shali be held in trust by the Government, or to any Indian, a ward of the Government, under charge of any Indian superintendent or agent, or any Indian, inciuding mixed bloods, over whom the Government, through its departments, exercises guardiaship, and any person who shaii introduce or attempt to introduce any malt, spirituous, or vinous liquor, inciuding beer, ale, and wine, or any &rdent or intoxicating iiquor of any kind whatsoever into the Indian country, which term shaii include any Indian allotment whiie the title to the same shali be held in trust by the Government, or whiie the same shall remain inalienable by the ailottee without the mnsent of the United States." It is claimed on hehaif of the petitioner that the last clause of the enactment just quoted, to the effect that the term " Indian cohntry shall incinde any Indian aiiotment whiie the title to the same shall be held in t m t by the |