State v. Nicolls

Citations

• 61 Wash. 142
• 112 P. 269
• 1910 Wash. LEXIS 1298

Syllabus

<p>Citizens- — Children of Citizens — Indians. The civil status of one born of an Indian mother, by a white father who is a citizen of ' the United States, follows that of the father.</p> <p>Indians — Sale of Liquors — Prohibition—Constitutional Law— Police Power — Privileges, Under the police power the legislature can prohibit the sale of liquor to an Indian of mixed blood, although he be a citizen of the United States, without violating the rights and privileges guaranteed by § 1 of the fourteenth amendment to the Federal constitution.</p> <p>Same — Indians of Mixed Blood — Statutes. A statute prohibiting the sale of liquor to an Indian of mixed blood having more than one-eighth Indian blood applies to all such Indians, regardless of the legal status of his white father.</p> <p>Constitutional Law — Privileges and Immunities — Intoxicating Liquors — Prohibition. The right to sell or drink liquor is not a constitutional right and may be granted to one class of citizens and denied to others.</p> <p>Indians — Sale of Liquors — Prohibition—Intent. The element of intent is not a necessary ingredient of the offense of selling liquor to an Indian of the mixed blood, the statute not using the word “knowingly” or any qualifying words.</p>