Farrell v. United States

Citations

• 110 F. 942
• 49 C.C.A. 183
• 1901 U.S. App. LEXIS 4344

Syllabus

<p>1. Constitutional Law — Prohibiting Salt? of Intoxicating Liquor to Indian Patentees.</p> <p>Under its power to regulate commerce with the Indian tribes (Const, art. 1, § 8), congress had authority to pass the. act of January 30, 1897 (29 Stat. 500), which declares it to be a crime punishable by fine and imprisonment to sell spirituous liquors to any Indian to whom an allotment of lands has been made while the title thereto is held in trust by the government.</p> <p>2. Congressional Power to Regulate Liquor Traffic with Indian Allot te es — Ren unci ation.</p> <p>Congress did not renounce its constitutional power to regulate the traffic in intoxicating liquors with Indian and mixed-blood patentees while the United States holds the title to their lands in trust for them under the act of February 8, 1887 (24 Stat. 388), by the provisions of that act that such patentees shall have the benefit and be subject to the laws of the state or territory in which they reside, and that they are citizens of the United States, and entitled to all the rights, privileges, and immunities of such citizens, or by any of the other enactments of that statute.</p> <p>3. Principal and Agent — Opinion Evidence — Conclusions of Law.</p> <p>When the authority of an agent is a conclusion of law deducible from various facts, he may not directly testify to it. Where the authority of an Indian agent over a certain Indian was a conclusion of law deducible from the constitution, statutes, and the situation and relations of the Indian, the agent was incompetent to testify what his authority was.</p> <p>4. Same.</p> <p>An agent may testify to the actual exercise of authority, although he is incompetent to testify whether or not he had such authority. An Indian agent may testify that he exercised control over a certain Indian, although his right to exercise that control is a conclusion of law to which he is incompetent to testify.</p> <p>5. Indians — Tribal Relations — Courts Follow Executive and Le