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Show REPORT OF THE COMXISSIONER OF INDIAN AFFAIRS. LV SEC. 2140. If any superintendent of Indian atfairq Indian sggent, or sub-agent, or oammandiog officer of a militwy post, has reason to suspect or is informed that any white person or Indian is about to introduce or hna introduced, any spirituous liquor or wine into the Indian country in violation of law, suoh superintendent,, agent, sub-agent, or commanding officer, may cause the boats, stores, packages, n.agunu, aleas, and places of deposit of suoh persou to be searched; and if any auch liquor is found therein, the same, together with the boats, trnlus, wagons, and sleds used in convey-ing the same, and also rbe goads, packages, and peltries of such person, ahall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and the other half to the use of the United States ; and if such person be a trader, his license shall be revoked and his bond put in suit. I t shall moreover be tha duty of any person in the service of the United States, or of any Indian, to taka and destroy any ardent spirits Or wine found in the Indian oonntry, except suoh as may be introduced therein by the War Department. In all oeses arising nuder this and the preceding section Indians shall be competent witnesses. Since April 22, 1889, the date of the opening of Oklahoma to settle- .nent, especial difficulty has been experieuced in preventing the iutro-duction and sale of intoxicating liquors upon the several reservations of the Indian Territory and of Oklahoma. In the suppression of these evils Leo E. Bennett, Indian agent for the Union Agency in the Indian Territory, has rendered very intelligent and efficient service, aud large quantities of alcohol, whisk^., beer, and cider whioh hadbeen shipped to points within his jurisdiction have been destroyed by the Indian police under his direction. The railroad and express companies in the 1ndia.n Territory hare made his duties much more arduous than they would otherwise have been by their refusal to permit the Indian police to search their offices, claiming that the agent had uo authority of law to delegate to his po-licelulen the power to make snch searches. But Agent Bennett has recently informally advised me that an amicable arrangement has been reached by whioh the co-operation of the railroad companies in this matter has been seoured, and by which much of the illicit traffic will be prevented. In a circular letter of September 18,1889, the superintendent of the Wells-Fargo Express Company instructed his agents that, as the attor-neys of the said company were of the opinion that section 2139 of the Revised Statutes does not by its terms prohibit the introdnction into the Indian country of such drinks as beer, ale, porter, etc., they would thereafter accept packages of such drinks for shipment to pointsin the Indian Territory, A copy of this letter was transmitted to the Depart-ment, with my report on the subject, November 13,1889. This office refuses to accept the construction placed on the law by the express com-pany's attorneys, and in his instructions to his police, Agent Bennett has included in the list of liquors to be deatroyed, all drinks that produce intoxication. Sofar a8 known there is no dispositionon the part of the express company to test in the courts the right of the Indian Agent to take such action as coming within the meaning of the statute, and this is regarded a6 an acceptance of the situation on their part. |
