OCR Text |
Show 46 COMMISSIONER OF INDIAN AFFAIRS. defendants to accept shipments of liquor into those portions of Okla-homa covered by the provisions in the enabling act and constitution of the State prohibiting the introduction of liquor for a period of 21 years, an opportunity for additional operations was presented. As there are many Indians residing in that territory, our efforts have been materially increased to protect them, and the Depart-ment of Justice and the chief special officer placed additional depu-ties in this territory with a view to taking every step practicable to protect them aid enforce the law. The same questions of law were subsequently passed upon by the Supreme Court of the United States in its refusal to grant a writ of habeas corpus to one Charley Webb. Such a situation has developed in Oklahoma that an additional appropriation of $25,000 has been asked and recommended for our operations in that State. Another peculiar situatio~d~e veloped through the admission of New Mexico into the Union. Congress provided in the enabling act that the sale, etc., of liquor to Indians and its introduction into the Indian country, "which term shall also include all lands now owned or occupied by the Pueblo Indians of New Mexico," are forever prohibited. Congress also provided that the terms Indian and In-dian country shall include the Pueblo Indians of New Mexico and the lands now owned or occupied by them. These promsions were em-hodied in theconstitution of that State. Ourendeavon toenforce the lam brought into question the constitutionality of the legislation of Congress, and the United States district court very recently held that the statute is unconstitutional. An appeal will probably be tbken. The Federal court for the district of Oregon has declared un-constitutional that part of the act of Congress applying the 25-year liquor clause to lands already allotted or disposed of on the Grande Ronde and Siletz Reservations, so that under this ruling our work to protect these Indians will be sonlewhat hampered. By reason of the broad scope of the liquor laws applicable to Okla-homa and New Mexico, and the provisions inserted in the legisla-tion exte~~dinfgor a period of 25 years the Federal liquor laws to the reservations which have been or are being thrown open to settle-ment, many applicaticns for permits to introduce liquor for medici-nal purposes and wines for sacramental purposes were received, and as, under the provisions of existing law, authority to grant per-mits is not conferred upon this department, applicants were referred to the War Department; a provision was placed in the Indian bill, however, declaring it lawful to introduce wines into the Indian country for sacramental purposes. |