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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I

Report of the Commissioner of Indian Affairs,   pp. 1-155 PDF (58.6 MB)

Page 20

ble faults found in articles of corresponding classes furnished in 
former years. Wherever it has been practicable, also, members of the 
field staff have been commissioned to inspect the goods sent by the con-
tractors to the several warehouses for shipment to the reservations. 
During the last year fresh efforts have been made by persons 
engaged in the liquor traffic to elude the law forbidding the introduc- 
tion of liquor into the Indian country. They have bought land on 
reservations from heirs of dead allottees and prepared to engage in 
the business of selling liquor, insisting that, as they had warranty 
deeds to the land, it was no longer Indian country, and they had the 
same right to engage in any business on that land as on land owned 
by them off the reservations. 
This Office has maintained that such land was still Indian coun- 
try within the meaning of the law against the introduction of liquor 
into the Indian country, and has served notice that it would under- 
take to prosecute all parties engaged in the sale'of liquor on any land 
within the bounds of an Indian reservation. 
In February last the United States attorney at St. Paul, Minn., 
reported that a party had been indicted for introducing liquor into 
the Indian country and would offer in defense a deed of inherited 
Indian land. He was of opinion that the sale of liquor on such land 
was in violation of law, but he asked for the views of the Office upon 
the question and for a citation of the authority sustaining them. 
The opinion of the Office was stated and the law and the treaty 
relied upon in that particular case were cited. The case came on for 
hearing on March 29, 1905, in the third division of the United States 
district court of Minnesota, on a writ of habeas corpus, and Judge 
Lochren rendered the opinion, which is as follows: 
It appears that on a complaint made to a United States commissioner charg-
Ing the petitioner with having on the 14th day of March, 1905, wrongfully
introduced into the Indian country on the Chippewa Indian Reservation intoxi-
cating liquor, to wit, 1 gallon of whisky and 1 gallon of beer, contrary
the statute of the United States, the petitioner was arrested upon a warrant
issued by the commissioner, and after a hearing was committed to the county
jail of St. Louis County to await the action of the grand jury at the next
of the district court to be holden at Duluth. He claims that he is wrongfully
arrested, and that in fact there was no offense committed. Upon the hearing
it is admitted that this liquor was introduced upon a tract of land in said
reservation which had been obtained by allotment by an Indian woman named
Apwhay, and afterwards, at her death, the title passed to her heirs, who
a deed of the property to one Frank Gorenflo, which was duly approved by
the Secretary of the Interior. Upon these facts the petitioner claims that
land, upon which the liquor was so introduced, was not Indian country and
that the act of introducing liquor there was no offense against the laws
the United States. It is admitted upon the hearing that up to the year 1889

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