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Show OOMMLSSIONER OX INDIAN AFlxAIt8. 25 reach of police regulations on the part of Congress: that the enlanripation from Federal control thus crented can not be set aside at the instance of the Govrrn-ment w. ithout the c.o~nsen t o.f- t he lndltidnnl Indian nnd the Smte. nud that this ~~~ . ~ ~~~~- ~ - , ~~ ~ emancinatian from Federal control is not affected br the fact that the lands it has grintea to the Indian are granted subject to a knditiou against alienation and incumbrance, or the further fact that it guarantees to him an interest in tribal or other property." This language is very broad and sweeping, hut it Is to be construed in the light of the facts of that case. In the first place, that case related solely to the sale of liquor to an Indian while off his reservation in a State. Neither in the opinion nor in the brlefs and argument was the authority of the United States over the reservations considered. The decision is undoubtedly conclusive aa to the want of power in Congress to exercise police jurisdiction over Indian allottens off the reservations in the States. But its Jurisdiction over the reservations is a very different thing. * * * The most that can be claimed for the Heff decision Is that I t holds that, by making Indian allottees eitlzeus and subject to the laws of the State, Congress has divested itself of its purely personal jurisdiction over them. But the jurisdiction which Congress exercises over them upon the reservations I8 authorized by the fact that they are inmates, so to apeak, of Federal institu-tions: and, while subject generally to State jurisdiction, that jurisdletlou can not he exercised so as to interfere with the conduct of these institutions br to defeat the treaty stipulations which the United States may have made with the Indians. * * * The HeYT decision does not, of course, affect the power of Congress over 1idian allottees in the Territorim. Territorim belng subject to the paramount control of Congress, and merely its agents, jurisdiction granted to them over the Indians may he withdrawn at pleasure. I conclude, therefore, that the authority'of Congress over Indian allottees on the reservations in the States, and over snch allottees whether on or oU the reservations In the Territories, is not affected by the Heft decision. This opinion of the Acting Attorney-General was somewhat modi-fied by another one dated June 6,1905, which is in part as follows: On May 25 last I wrote yon, replying to your letter of May 17, in regard to the authority of the United States over the Indians in view of the recent deci-sion of the Supreme Court in the Heff case. As stated, and for the reasons indicated in that letter, the Department is of opinion that that decislon does not affect the authority of the United States over Indlan allottees while on the reservations in the States, and over such allottees whether on or off the reserva-tions in the Territories. I desire, however, to call your attention more particu-larly to the application of the act of January 30, 1897 (29 Stat. L., 506), since the Heff declsion. That act provides : '.'That any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been mide while the title to the same shall be held in trust by the Government, or to any Indian a ward of the Governmbnt under charge of any Indian superintendent or agent, or any Indian, Including mixed bloods, over whom the Government, through its Departments, exercises guardian-ship, and any person who shall introduce or attempt to introduce any malt. spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever, into the Indian country, which term shall include any Indian allotment while the title to the same shall be held In trust by the Government, or whlle the same shall remain inalienable by the |