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Show OO&UdI881ONER OF INDIAN AFFAIRS. 25 That portion of the acts of Juiy 9, 1832 (4 Stat L, 664). June 30, 1834 (4 Stat. L., 732), and March 15, 1864 (13 Stat. I,., 29). incorporated into the Revised Statutes as sectio~~l&b,:~s:aglend& &iUta.ict of July 23, 1892 (27 Stat. L., 260), reads as follows: No ardent spirits, ale, beer, wine, or intoxieating liquor or liquors of what-ever kind shall be introduced under any pretense into the Indian country. Every person who * introduces or attempts to 'introduce my ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprisonment for not more than two years and by a flue of not more than three hundred dollars for each offense." The act of January 80, 1897 (29 Stat. .L., 506). provides that- " Any person who ahall introduce or attempt to intmduco any mait, spirituous. or vinous liquors of any kind a.hatyoever into the Indian cuuutry, which term shall luclude any Indian allotmeut \\.hlle tllv tltle to the same shall be held in trust by the ~ive rnmento r while the same shall remain inallenable by the allottee without the consent of the United States, shall be punished by imprison-ment for not less than six@ days and by a fine of not less than one hundred dollars for each offense thereafter." It appears that the tract of land upon which the privilege of selling liquor is now claimed was allotted to an Indian in pursuance of the provisions of section 5 of the act of Congress of February 8, 1887 (24 Stat L., 388), and by his heirs mnveyed to a white man, and such transfer approved, as provided by section 7 of the act of May 27,1902 (32 Stat. L., 245, 275). My attention has not been called to any act of Oongreaa inconsistent with the Continuance in force of the above-quoted provision of the treaty by which the Indian ceded the country. This provision was for the protedion of the Indians. Many of them reside in the vidnlty, some of them upon lands held as allottees and prohabig in proxinrity to the trnet upon which it in proposed to dispen.w the ,;* intoxirating beveragys. (Annual Beport, Cc~mmissionero f Indian ARairs, 1W3, i pp. 94, 184.) Congress in its wisdom may have thought that the time has not arrived when the duty which we owe to our Indian wards will permit us to discontinue the application of this atipulatian to the country ceded. In view of this treaty limitation, and upon consideration of the decision of the Supreme Court in the case of United States v. Fom-three Gallons of Whfs-key (93 U. S., 1% and 108 U. S., 481), it seems obvious that the provisions of section 2139 of the Revised Statutes, as amended, are applicable to an futm auction of liquor upon land situated as that above mentioned. Concerning what course may properly be pursued in case of a violation of law . in this connection, it seems sufficient to invite your attentlon to section 2139, as amended, prescribing punishment for those who violate its provisions, and also to section 2140 of the Revised Statutes, which is as follows: "If auy superintendent of Indian aEaim, Indian agent or subagent, or com-manding omcrr of a military post hna reusuu to suspect or is informed that any white yernun or Indian is about to intrnduee or has introduced any wpirituoua liuuor or wiue into the lndinn c#buritrv in violation of law. such suueriutendent. aient, subagent, or commanding officir may cause the boats, storis, packages, wagons, sleds, and places of deposit of such person to be searched; and if any such liquor is found therein the same, together with the boats, teams, wagons, nud sleds used h conveying the same, and also the goods, packages, and peitries of such person, shall 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 Ms license shall be revoke3 and his bond put in suit. It shall mare-over be the duty of any person in the semlee of the United States, or of any Indian, to take and destmy any ardent spirits or wlne found in the Indian coun-try, except such as may be introduced therein br the War Department." Accordingly, answering your questions, I am of the opinion that, first, an introduction of liquor into the territory ceded by the treaty of 1855 would he |