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Show 58 REPORT OF THE COJIhIISSIOiiER OF INDIAN AFFAIRS. auhjeot to the laws enacted for the henetit and protectionof Indians, where they can without interferenoe rvitl~ their dnties as soldiers. I nm not prepared to admit, and do not think it w a ~ ~bled seriously olaimed, that the enlistment of Indians from any reserrt~tion operates as o, separation hom the tribe to vhich they belong, within the meaning of the act of February 8,1887 (24 Ststs., 388), ao as to oonstitnte them citiseus of the United States and free from the restriotiouv l?laoerl by law npon the dealings of whites and others with them. I t is not necessary, to bring the selling of whisky to an Indian within section 2139 of the Revised Statutes, as amended by the act of Jnly 23, 1892 (27 Stats., 260), that the Indian to \\.horn the whisky is sold was at the time living on the reservation with his txibe,lmder the ellarge of an agent. For when n "tribe of Indians is plaoed under the charge of nn Indian agent, by treaty or othenuiae, each member of suoh tribe is under the charge of such agent, within the purview of nection 2139 of the Reviscd Stittutes, and np member thereof cau dissolve his tribal relation or escape front suoh charge by absenting himself from suoh reservation, or otherwise, without the consent of tho United States" (see United Stntes v. Earl, 17 Fed. Rep., p. 75). This doctrine was reafiirrned on September 13, 1892, by the United States district court of California, Judge Morrow presiding, in the ease of the United Ststas o. Bernhart. You will therefor6 confer with the United Stntes district attorney for the distriot of Washington, with a view to hrwiug illdiotments brought against Mr. FOE for the sale of whisky to the Indian soldiers, if after cmvnssing the qneation he shall deem his oonviotion possible. Agent Cole afterward reported that Mr. Fox had been arrested and that the United States jury had indicted him on three charges. June 13,1893, the Attorney-General transmitted for the information of this Department a copy of a letter from the United States district attor-ney for the district of Washington, from which it appears that the man Fox was acquitted by the jury of the charge of selling whisky to the Indian soldiers. At the same time the court, Judge Hanford presid-ing, decided Gitllat Indians enlisted in the Army are still under the charge of an India11 Agent, within the meaning of section 2139 Revised Statutes, and that it isunlawful todispose of spirituous liquors to them." If this doct,rine were ndliered to aud generally enforced by the courts, I believe it mould result in lasting benefit to the enlisted Ir~dianS,a nd the military service of which they form a part, as well as to the Indian service generally. Meantime it appears that officers of the Army commanding military Posts wllere Indian soldiers were stationed have been greatly embar-rassed by the excessive drinkiug of the enlisted Indians, who, being refused liqnor at the post canteens, mere able to get all the whisky they conld pay for from saloons which seem always to exist near army posts. Lieut. J. G. Byron, commanding Troop L Third Cavalry, statinued at Fort Meade, 8. Dak., found the evil so threatening to the welfare of the military service, as well as to the Indians, that he requested the authorities of the War Department to con side.^ the plan of appointing him or causiug llirn to be appointed a special agent in charge of the Indians at Fort Meade in order that he might, to some estetit, at least, coutrol the sale of liqnor to them. This communica- |