United States Express Co. v. Friedman

Citations

• 191 F. 673
• 112 C.C.A. 219
• 1911 U.S. App. LEXIS 4972

Syllabus

<p>A. Indians (§ 35*) — Introduction of Diquor Into Indian Territory — Indian Country — Effect of Admission of Oklahoma.</p> <p>That portion of Oklahoma formerly the Indian Territory did not cease to be Indian country on the admission of the state, nor did such admission affect the application to that part of the state of Rev. St. § 2139, or of Act Jan. 30, 1897, c. 109, 29 Stat. 506, relating to the sale of liquor to Indians and its introduction into the Indian country.</p> <p>[Ed. Note. — For other cases, see Indians. Dec. Dig. § 35.*]</p> <p>2. Indians (§ 35*) — Laws Relating to Intoxicating Liquors — Application.</p> <p>(The power of Congress over Indian relations is plenary, and it may prohibit and provide for the punishment of acts relating to and affecting Indians anywhere in the United States, and the location of a given territory within or without a state has nothing to do with whether it is or is not Indian country or with the application of the laws prohibiting the sale or introduction of liquor therein.</p> <p>[Ed. Note. — For other cases, see Indians, Dec. Dig. § 35.*]</p> <p>3. Indians (§ 35*) — Introduction of Liquor Into Indian Territory — Effect of Oklahoma Enabling Act.</p> <p>The provision of Oklahoma Enabling Act June 36, 1906, c. 3335, § 3, 31 Stat. 269, that the state Constitution shall prohibit the manufacture or sale of intoxicating liquor in the parts of the state known as the Indian Territory and Osage Indian reservation and within any parts of the state which existed as Indian reservations on January 1, 1906, for a period of 21 years from the date of admission, was in compliance with the agreements with the Seminole and Creek Tribes, ratified Julyl, 1898, and March 3, 1901, respectively (Act July 1, 1898, c. 542, 30 Stat. 567, and Act March 1, 1901, c. 676, 31 Stat. 861), by which the United States agreed to maintain strict laws in their countries against the introduction or sale of intoxicating liquors therein, and, even conceding that it