· 6/10/1912

Clairmont v. United States

Citations

225 U.S. 551
32 S. Ct. 787
56 L. Ed. 1201
1912 U.S. LEXIS 2103

Syllabus

The act of January 30, .1897, 29 Stat. 506, c'.-109, in regard to sale of-liquor to the Indians and introduction of liquor into Indian country, repealed, as far as inconsistent therewith, the Act of July 23, 1892, 27 Stat. 260, c. 234. An indictment under the act of January 30, 1897 for introducing-liquor into Indian country cannot be sustained if the offense alleged was committed on land within a State and which had been completely withdrawn from the reservation, and the Indian title thereto surrendered so as not then to be Indian country. Under such circumstances the District Court of the United States has no jurisdiction. Although that portion of the act of 1834 which defined Indian country was repealed by § 5596 Rev. Stat.,- it may still be referred to in connection with the portion of the act remaining in force-in order to determine what must be regarded as Indian country when spoken of in the statutes. A cession by Indians may be qualified by a stipulation in the treaty that the ceded territory, although within the boundaries of a State, shall retain its original status of Indian country so far as the introduction therein of liquor is epneerned. The title to that part of the Flathead Reservation in Montana included within the right of way of the Northern Pacific Railway Company, has been completely withdrawn from the Reservation and the Indian title thereto extinguished and therefore is no longer Indian' country within the meaning of the act of January 30, 1897.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that the 1834 definition of Indian country “was not re-enacted in the Revised Statutes, though other parts of the statute were, and hence was repealed by § 5596 of the revision”
explaining 7 that the 1834 definition of Indian country “was not re-enacted in the Revised Statutes, 8 though other parts of the statute were, and hence was repealed by § 5596 of the 9 revision”
Indian tribes surrendered in writing “ ‘all the right, title, and interest’ ” in the railroad rights of way they may have had by virtue of earlier treaties

Source: CourtListener parenthetical corpus (CC0).

Judges: Hughes

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