United States v. Hutto, No. 1, 256 U.S. 524 (1921)

United States v. Hutto, No. 1


No. 691


Argued April 11, 1921
Decided June 1, 1921
256 U.S. 524

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF OKLAHOMA

Syllabus

1. Revised Statutes, 2078, declaring that

No person employed in Indian affair shall have any interest or concern in any trade with the Indians except for and on account of, the United States,

and subjecting the offender to a pecuniary penalty and removal from office, includes transactions with tribal Indians involving land or other property in respect of which the government has no interest or control. P. 526.

2. This section defines an offense against the United States within the meaning of Crim.Code § 37, whether it be itself punishable through a criminal prosecution or only through civil action for the penalty. P. 528.

Reversed.

The case is stated in the opinion.