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Show REPORT OF THE COMMIS8IONER OF INDIAN AFFAIRS. 63 Tde statutes of the United States relating to the sale of liquor to Indians are section 2139, Revised Statutes, as amended by the aot of July 23, 1892 (27 Stats., 260) which is as follows: Nu ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced under any pretense into the Indian oountry. Every per-son who sells, exohangee, gives, barters, or disposes of any ardent spiritq ale, beer, wine, or intoxicating liquors of any kind to any Indian in oharge of any superin-tendent or agent, or intraduoesor attempts to introduce any ardent spirits, ale, beer, wine, or intoxicating liquor into the Iudisn country, shall be punished by impris-onment for not more than two years, or by fine of not more than $300 for eaoh offenas. * * The position taken by this office in regard to tKis matter is set out in aletter of my predecessor of November 21,1892, to Elihu Ooleman, esq., U. S. district attorney for the eastern district of Wisconsin, from which I quote as follows: In reply I have to say that whether or not the Indians n.ho have received allot-ments of land in severalty under the aot of February 8, 1887 (24 Stats., 388), as amended by the sot of Fehrnaq 28, 1891 (26 Stab., 7941, are still under the proteo-tiou of section 2139 of the Revised Statutes, is a question which om, of course, only be authoritativelv determined bv the courts. I am of the oninion. however.. that.. i n the light of the decision of tho Supreme Court in United States v. Hollidsy (3 Wall., 407), so long within the trust period as it may be deemed necessary by t.he Seoretal~ of the Interior and the Commissioner of Indian Affairs for Indian allottees to remain under the charge of an Indian agent, the statute will apply to punish anyone selling or g i ~ i n gth em any intoxicating beverages. The Attorney-General, in an opinion of January 26, 1889 (19 Opinions, 232), advised the Secretary of the Interior thet- The Indinns when organized as tribes, lrnder the former poliay of the Government, have been treated ae domestic dependent nations nnder the gunnlianship of the United Statas * * *. In this contemplated new mode of life the guardianrh~p whiah heretofore has been exercised over the tribe i s te be trsuaferred to the individual allottees orovided for in this act. The seoarate manhood of ~ ~ eaoh Indian is to be recognized, but atill sub.jiect for a time to the care and anperriaion of the Govern-mentas tmstee or guardism. The real eatate fallfng to esoh allotteeisnotintended to be used dnring the period of guardianship for apeoulative purposes, but is so conditioned that in their period of w?rdship ar tutelage the I n d i m shall nut be aubj-t 6a the danger of entaring into ao vuequprl oompetition with tho whites in the field of traffic and general business outaide of agricultore and graring. In the case against Hollidsy, above quoted, the Indian to whom the intoxieating liquors had been given or sold ipaa a. citizen of the United States, having been made so by treaty which provided for the dissolution of his tribal relations. He was a voter in the Stateof Michigan, but t,he Secretary of the Interior and the Commis-sioner of Indian Affairs had decided that for certain purposes the tribal relations of these citieen Indians should be reoognieed, and an agent vss appointed over them. In passing on the case the court held inter aZia that- No State osn by either ita oonstitntiov or other legialktion withdraw the Indians within its limits from the operatione of the laws of Conpass regdating trade with them, notwithstanding any right it mity confer on aueh Indians as eleoters or citizens. It also held tbat- . X'herher any prrrirvlar rlsaa of Indlana a n .rill to be rc<ar.3cd ar s triL*, or h.wc c ~ w u,l hold tLu 1fid relation, r* mrnsrily a question fur tho po1ilic.d gloparla,entj u! tho ciorornment. and if they have clseided it thie rs~urr will follow their leal. The Indian dlot,ttee remsins for a time, as shown above, in a state of tutelage and wardship, and the Indian agent placed over him is oontinuedfor the purpose of |