OCR Text |
Show 22 REPORTS OF THE DEPARTMENT Or THE INTEIEIOB. Government, or while the same shall remain inalienable by the alot+& without the consent of the United States," necessitates the inference that whenever the title to a particular allotment is no longer held in trust by the Government, bnl with the consent of the United States has been lawfully conveyed by deed by the heirs of the allottee, it thereby ceases to he Indian country, though in the midst of a large region every other foot of which is unquestionably Indian country. In view of the uniform policy of the Government for at least three-quarters of a century. manifested in many acts of Con-g ress and Indian treaties, to prevent the introduction of intoxicating liquors into any region of country Inhabited by Indians, it is inconceivable that in any act, every provlslon of whicll is manifestly intended to make the prohibiton more stringent than before, Con-m. e ss should in effect provide that in little tracts which, by alienation by heirs of allotteea, will soon be thickly scattered over every reservatlon where allot-ments are Dermltted, liquor may be introduced and saloons established lawfully and without limit, though the region is still rightfully inhabited by Indian tribes. Snch a construction should not be given to this clause unless its language admits of no other. That is not the case. The language used does not exclude from the scope of the term "Indian country" any land which would naturally or by previous coustrnction fall within that term. On the contrary, it enacts that a class of lands-allotments while the title is held in trust by the Government and remains inalienable--shall be Included in that term. By the force of that clause such an allotment, though the region was otherwise abandoned by Indians, would remain Indian country. This must be the proper construction of this clause. It follows that the petitioner is rightly in custody and must be remanded, and it is so ordered. While this case was pending the same question had arisen in several communities, and this O5ce suggested to the Department that the matter be referred to the Department of Justice with a request for advice as to what instructions should be given to agents and super-intendents. On April 28, 1905, the Attorney-General submitted a ruling upon the question, as follows: I have received your letter of the 29th ultimo, with its inclosures, relative to an attempt to sell liquor on a tract of land near Hall Club, on the former Cass L*e Indinn Reservation, In the State of Jlinnesota, purchased from the heirs of a deceased allottee, in which you say: "The Indian Office holds that inherited Indian land sold to whlte people Is still 'Indian country' within the meaning of the law prohibiting the introdue ti: and sale of liquor in the Indian country. * * * In view of all the facts stated in the correspondence * * * the matter is respectfully submitted with request for an early opinion on the question at issue and far advice as to the proper course to be pursued by the Department in this and similar cases." A letter from the Acting Commissioner of Indian Mairs inclosed by you states that- " This laud is embraced in the muntry ceded by the Chippewa Indians in a treaty made with them in 1855." That treaty provides, article 7 (10 Stat L., $165). as follows: "The laws which have been or may be enacted by Congress regulating trade and intermurse with the Indian tribes to continue and be in force within the several reservations provided for herein: and those portions of said laws which prohibit the introdnction, manufacture, use of, and traffic in ardent spirits, wines, or other liquors in the Indian country shall continue and be in force within the entire baundaries'of the ynntry herein ceded to the Unlted States until otherwise provided by Congress. |