Claimont v. United States, 225 U.S. 551 (1912)

Claimont v. United States

No. 239

Submitted May 1, 1912
Decided June 10, 1912
225 U.S. 551

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF MONTANA

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1897, 29 Stat. 506, c. 109, in regard to sale of liquor to the Indians and introduction of liquor into Indian country, repealed, as far as inconsistent therewith, the Act of July 23, 1892, 27 Stat. 260, c. 234.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country cannot be sustained if the offense alleged was committed on land within a state and which had been completely withdrawn from the reservation, and the Indian title thereto surrendered so as not then to be Indian country.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Although that portion of the Act of 1834 which defined Indian country was repealed by § 5596 Rev.Stat., it may still be referred to in connection with the portion of the act remaining in force in order to determine what must be regarded as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 concerned.

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Reservation in Montana included within the right of way of the Northern Pacific Railway Company has been completely withdrawn from the Reservation and the Indian title thereto extinguished and therefore is no longer Indian country within the meaning of the Act of January 30, 1897.

The facts, which involve the construction of federal statutes relative to introduction of liquor to allottee Indians and on allotments to Indians, are stated in the opinion.