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Show REPORT OF THE COMMISSIONER OF INDL4N APFA1P.E. 41 Solicitor-General, the case was carried to the Supreme Court of the Uniied States. This writ was heard April 30, 1906, when the court held 'that the circuit court of appeals had no right to issue a writ of certiorari in the case, and the decision of that court was reversed and the case remanded with instructions to quash the writ of certiorari a.nd dismiss the petition. On June 4,1906, the Office invited the attention of the Department to the unrestricted sale of liquor on the Nez Perck Reservation and exprest the opinion that the judgment of the district court in the Dick case should be enforced and all the saloons on the reservation be closed at once, and recommended that the matter be referred to the Department of Justice with the request that the proper United States attorney he instructed to take immediate action to stop the sale of liquor within that reservation. The Acting Attorney-General, in a letter dated June 29, addrest to the Department, said: In regard to your request that the United States attonley be instructed to take immediate steps to prevent the sale of liquor on said reservation, 1 beg to say that the circumstances are such as to render it impracticable to do any-thing more than endeavor to obtain indictments in such cases pending the decision of the Supreme Oourt in the Dick case upou the present appeal, which will be heard at its next October term. While the decision of the circuit court of appeals for the ninth circuit in the Dick case was set aside by the Supreme . Court last term, I am advised by the United States attorney that the district court would feel itself bound to respect the views esprent by the circuit court of appeals if any new indictments were brought to trial. What has been said has reference only to lands situated like that in the Dick case, namely, where the title to the same has gast out of the United States Lauds still held in trust by the Government stand upou a different footing, and the introduction of liquor therein may be prevented under the a& of 1897. For several years past the Office has pointed out the necessity of having a fund for use in the employment of detectives to obtain the evidence required to prosecute the violators of the law which forbids the sale of liquor to Indians, and has recommended that the Congress be asked to make an appropriation of $10,000 for such purpose, but no funds were obtained till at the last session. The current Indian appropriation act (34 Stat. L., 328) contains the following provision: To enable the Commissioner of Indian Affairs, under the direction of the See retaw of the Interior, to take action to suppress the trsffic of intoxicating liquor6 among Indians, tweue-five thousand dollars, fifteen thousand dollars of which to be used exclusively in the Indian Territory and Oklahoma. Two special officers have been appointed by the Department to undertake this work, and such others will be appointed as may be found necessary to meet the exigencies of the situation. It is hoped by these means to diminis.h greatly the sale of intoxicating liquors to Indians. |
