Imágenes de páginas
PDF
EPUB

volunteer commissioned rank not to exceed in the case of any officer one grade above that held by him upon the retired list, or retired enlisted men with volunteer commissioned rank not above the grade of first lieutenant: Provided, That retired officers and enlisted men while thus employed shall not be eligible for transfer to the field units, but shall receive the full pay and allowances of the respective grades in which they are serving, whether volunteer or regular, in lieu of their retired pay and allowances: Provided further, That upon the termination of the duty or, in case of those given volunteer rank, upon muster out as volunteers said retired officers and enlisted men shall revert to their retired status. Sec. 11, id.

1393. Same-assignment and transfer of officers of. That, except as otherwise specifically prescribed by law, all officers provided for in this act shall be subject to such assignments of duty and such transfers as the President may direct: Provided, That medical officers of Volunteers when detailed as consulting surgeons shall not exercise command over the hospitals to which they may be assigned for duty, except that by virtue of their commissions they may command all enlisted men: Provided further, That medical inspectors shall be detailed for duty with each army, field army, or army corps, and division, and for the base and lines of communications, and that no officer shall be detailed for duty as a medical inspector except he be experienced in military sanitation. Sec. 12, id., 351.

1394. Same-pay, allowances and pensionable status of.-That all officers and enlisted men of the volunteer forces shall be in all respects on the same footing as to pay, allowances, and pensions as officers and enlisted men of corresponding grades in the Regular Army. Sec. 13, id.

[ocr errors]

1395. Same-repeal of all laws in conflict with. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. Sec. 14, id.

[blocks in formation]

1396. Detail of Army officers.-The President may require any military officer of the United States to execute the duties of an Indian agent; and when such duties are required of any military officer, he shall perform the same without any other compensation than his actual traveling expenses.1 Sec. 2062, R. S.

1397. Same. Hereafter the President may detail officers of the United States Army to act as Indian agents at such agencies as, in the opinion of the President, may require the presence of any army officer, and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior.2 Act of July 1, 1898 (30 Stat. 573).

1398. Compensation for extra services.-No compensation beyond their actual expenses for extra services shall be allowed any Indian

1Officers of the Army acting as Indian agents at places where there are suitable quarters provided by the Government are not entitled to commutation of quarters. (4 Comp. Dec., 212; 3 id., 223.)

The acts of July 1, 1898 (30 Stat. 573), March 2, 1899 (id., 926), and May 31, 1900 (31 id., 224), have contained the requirement that the sums appropriated for compensation of Indian agents "shall not take effect or become available in any case for or during the time in which any officer of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies" named therein.

agent or subagent for services when doing duty under the order of the Government, detached from their agency and the boundary of the tribe to which they are agents or subagents. Sec. 2063, R. S.

1399. Army officer to witness issues.-The superintendent, agent, or subagent, together with such military officer as the President may direct, shall be present and certify to the delivery of all goods and money required to be paid or delivered to the Indians. Sec. 2088, R. S.

1400. Removal of unauthorized settlers.-Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands. Sec. 2118, R. S.

1401. Sale of cattle, etc., of Indians.-The agent of each tribe of Indians, lawfully residing in the Indian country, is authorized to sell for the benefit of such Indians any cattle, horses, or other live stock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the

1An officer of the Army who, under proper authority, witnesses and certifies to the issue of annuity goods to Indians is entitled to actual traveling expenses, but not to mileage, while traveling in the performance of such duty, such expenses to be paid from the proper Indian appropriation. (5 Comp. Dec., 982.) * Worcester v. Georgia, 6 Peters, 515; Clark v. Smith, 13 id., 195; Lattimer v. Poteet, 4 McLean, 82.

The term " Indian country" contained in section 1 of the act of June 30, 1834 (4 Stat. 79), though not incorporated in the Revised Statutes, and though repealed simultaneously with their enactment, may be referred to in order to determine what is meant by the term when used in statutes; and it applies to all the country to which the Indian title has not been extinguished within the limits of the United States, whether within a reservation or not, and whether acquired before or since the passage of that act. (Ex parte Crow Dog, 109 U. S., 556; Bates v. Clark, 95 U. S., 204. See also, as to the status of the Indian Territory, Cook v. U. S., 138 U. S., 157.)

Held (October, 1877) that the term " Indian country," as employed in the statutes regulating trade and intercourse with the Indians (see, particularly, ch. 4, title 28, Rev. Stat.), might properly be defined in general as including the following territory, viz: Indian reservations occupied by Indian tribes; other districts so occupied to which the Indian title has not been extinguished; any districts not in other respects Indian country over which the operation of those statutes may be extended by treaty or act of Congress. (Dig. J. A. G., 673, III A. See this opinion as adopted and incorporated in G. O. 97, Headquarters of Army, 1877; also, in the same connection, 14 Opins. Atty. Gen., 290; U. S. v. Forty-three Gallons of Whisky, 3 Otto, 188; Bates v. Clark, 5 id., 204; U. S. v. Seveloff, 2 Sawyer, 311. That, in view of the act of March 3, 1873, extending to it certain provisions of the act of June 30, 1834, the Territory of Alaska is "Indian country," so far as concerns the introduction and disposition of spirituous liquor, and that persons violating such provisions may therefore be arrested by military force, see In re Carr, 3 Sawyer, 316; also citation from same case in note to Alaska, sec. 2, and 14 Opins. Atty. Gen., 327; Patchen v. U. S., 11 Fed. Rep., 47; U. S. v. Forty-three Cases of Cognac Brandy, 14 id., 539.)

Secretary of the Interior. But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Secretary of War connected with the movement or subsistence of troops. Sec. 2127, R. S.

1402. Penalty for removing cattle.-Every person who drives or removes, except by authority of an order lawfully issued by the Secretary of War, connected with the movement or subsistence of troops, any cattle, horses, or other stock from the Indian country for the purposes of trade or commerce, shall be punishable by imprisonment for not more than three years, or by a fine of not more than five thousand dollars, or both. Sec. 2138, R. S.

INTRODUCING LIQUOR INTO THE INDIAN COUNTRY-SALES TO INDIANS.

1403. Penalty for sales, etc.-No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any Indian superintendent or agent, or introduces or attempts to introduce any ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprisonment for not more than two years and by fine of not more than three hundred dollars for each offense. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority in writing from the War Department, or any officer duly authorized thereunto by the War Department. All complaints for the arrest of any person or persons made for violation of any of the provisions of this act shall be made in the county where the offense shall have been committed, or if committed upon or within any reservation not included in any county, then in any county adjoining such reservation, and if in the Indian Territory, before the United States court commissioner or commissioner of the circuit court of the United States residing nearest the place where the offense was committed who is not for any reason disqualified; but in all cases such arrests shall be made before any United States court commissioner residing in such adjoining county or before any magistrate or judicial officer authorized by the laws of the State in which such reservation is located to issue warrants for the arrest and examination of offenders by section ten hundred and fourteen of the Revised Statutes of the United States. And all persons so arrested shall, unless discharged upon examination, be held to answer and stand trial before the court of the United

States having jurisdiction of the offense.1 Sec. 2139, R. S., as amended by Act of July 23, 1892 (27 Stat. 260).

1404. Same. Any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquors, including beer, ale and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian a ward of the Government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through any of its departments, exercise guardianship, and any per

1 The title to the act of July 23, 1892, reads: "An act to amend sections twenty-one hundred and thirty-nine, twenty-one hundred and forty, and twentyone hundred and forty-one of the Revised Statutes touching the sale of intoxicants in the Indian country, and for other purposes," yet the enacting clause of the act reads:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-one hundred and thirty-nine of the Revised Statutes be amended and reenacted so as to read as follows: Section 2130. *

[ocr errors]

Then follows the act as set forth in the above paragraph. It is clear the amendment applies only to those parts of the two sections that are inconsistent with the new section. The object of the amendment was to make the prohibition include malt liquors, and to clearly define the person or tribunal to whom complaint should be made. The action directed in sections 2140 and 2141 as to the seizure and destroying of liquor remains unaffected by the amendment. These sections are given in paragraphs 1405 and 1406, post.

As to the meaning of the term Indian country, see Dig. Op. J. A. G., 673 III A. A stock of liquors is not introduced into the Indian country by being transported across an Indian reservation to a place where it may be lawfully sold and is not subject to seizure while in transit nor after its arrival at its place of destination. (U. S. v. Four Bottles of Sour Mash Whisky, 90 Fed. Rep., 720.)

The disposition of spiritous liquors to an Indian under the charge of an Indian agent, who has abandoned his nomadic life and tribal relations and adopted the habits and manners of civilized people, violates section 2139 of the Revised Statutes. (U. S. v. Osborn, 52 Fed. Rep., 58.)

Section 2139 of the Revised Statutes provides that every person who disposes of spirituous liquors to any Indian under the charge of any Indian superintendent or agent shall be punished, etc. Held, that an Indian of the Nez Percés Tribe, a soldier in the United States Army, is within the meaning of the statute. (U. S. v. Hurshman, 53 Fed. Rep., 543.) It is no defense to a prosecution under section 2139 for introducing spirituous liquors into the Indian country that the United States has licensed the traffic in such liquors therein. (U. S. v. Ellis, 51 id., 808.)

As section 2139 of the Revised Statutes, previous to the amendment of July 23, 1892, made punishable the introduction into the Indian country of "spirituous liquor or wine" only, it did not include lager beer, that being a malt liquor made by fermentation. (In re McDonough, 49 id., 360; U. S. v. Ellis, 51 id., 808, reversed in Sarlis v. U. S., 152 U. S., 570.)

As to the law regarding the introduction of liquor into that part of the Indian country embraced within the limits of the State of Oklahoma, see the Oklahoma enabling act (34 Stat. 267), and the decision of the Supreme Court of the United States in Ex parte Webb (225 U. S., 663). See also the act of March 1, 1913 (37 Stat. 699), prohibiting the shipment or transportation of intoxicating liquor into a State with intent to use the same in any manner in violation of any law of such State.

« AnteriorContinuar »