whatsoever to any Indian. Seo. 1, act of July 4, 1884 (23 Stat. 94); U. S. C. 25: 249. This provision was repeated in sec. 1, act of Jan. 30, 1897 (29 Stat. 506), both acts dealing with the introduction into or sale in the Indian country of intoxicating liquors. Notes of Decisions Power of Congress in general. The police power of the United States can only be exercised where the legislative authority of Congress excludes territorially all State legislation, and where the United States has conveyed under its land laws lands within a State ceded to it by an Indian tribe, and such lands have passed into the ownership of individuals and a municipality of the State which has been formed thereon, they are no longer subject to R. S. 2139, as amended by sec. 1, act of Jan. 30, 1897 (29 Stat. 506). Ex parte Dick (1905), 141 Fed. 5, order reversed Whitney v. Dick (1906), 202 U. S. 132. This section is not a revenue statute but a police regulation. In re Heff (1903), 197 U. S. 488; U. S. v. Boss (D. C. 1906), 160 Fed. 132. Application of act. This braces Indian country within a State. Hallowell v. U. S. U. S. 317; U. S. v. Wright U. S. 226; Pronovost v. U. S. U. S. 487. section emthe limits of (1911), 221 (1913), 229 (1914), 232 Relative to sale of liquor to an Indian, the national guardianship over Indians continues as long as the tribal relations exist, so that such relations existing, as to the woman to whom sale was made, it is immaterial that she was not entitled to any allotment under the Indian allotment act. Dupuis v. U. S. (C. C. A. 1925), 5 F. (2d) 231. Act of June 2, 1924, ante, 552, declaring all native-born noncitizen Indians citizens of United States, did not so emancipate Indian allottee under charge of Indian agent as to withdraw him from protection of sec. 1, act of Jan. 30, 1897 (29 Stat. 506), which is amendatory of R. S. 2139; such act, which was enacted, not under police power but under the commerce clause (Const., art 1, sec. 8), prohibiting commerce with individual Indian allottee by sale of intoxicating liquor to him, as well as with tribe or individual having tribal connections. Brown V. U. S. (C. C. A. 1925), 8 F. (2d) 433, certiorari denied (1926), 269 U. S. 587; Owens v. U. S. (C. C. A. 1925), 8 F. (2d) 435, certiorari denied (1906), 269 U. S. 586. Construction and operation of statute in general. The terms of this section show that it was specially designed to provide for the changes consequent on the adoption of the policy of allotting the Indian lands in severalty. U. S. v. Wright (1913), 229 U. S. 226. Sec. 1, act of July 4, 1884. is not a legislative construction of R. S. 2139. In re McDonough (D. C. 1892), 49 Fed. 360. Effect of other legislation or State constitutions. Prohibition against introduction and sale of liquors in Indian country made by act of July 23, 1892, amendatory of R. S. 2139, was not superseded in the Indian Territory by sections 8, 13, act of March 1, 1895. U. S. v. Wright (1913), 229 U. S. 226. Prohibition made by R. &. 2139, as amended, was not superseded as to transactions within the State by admis sion of Oklahoma into the Union under enabling act of June 16, 1906. C. S. c. Wright (1913), 229 U. S. 226; Mosler c. U. S. (1912), 198 Fed. 54. Sec. 1, act of Jan. 30, 1897 (29 Stat. 506), and sec. 1, act of May 25, 1918 (40 Stat. 563), making it a crime to have possession of intoxicating liquor in Indian country, were not repealed by the eight eenth amendment or the national probibition act. McClintic v. U. S. (C. C. A. 1922), 283 Fed. 781; Elam v. U. S. (C. C. A. 1925), 7 F. (2d) 887; Browning e U. S. (C. C. A. 1925), 6 F. (2d) 801, ertiorari denied (1925), 269 U. S. 56; Morrison v. U. S. (C. C. A. 1925), 6 F. (2d) 809. Indians as offenders.-Sec. 1, act of Jan. 30, 1897 (29 Stat. 506), prohibits the furnishing of intoxicating liquors by one Indian to another Indian. U. S. v. Sutton (1909), 215 U. S. 291, and cases cited; Same v. Shaw-Mux (D. C. 1873), Fed. Cas No. 16268; U. S. v. Miller (D. C. 1901). 105 Fed. 944, 948. A sale of spirituous liquor to an Indian under the charge of an Indian superintend ent or agent, though not made within the Indian country, is an offense. C. 8. € Burdick (Dak, Terr. 1875), 46 N. W. 571 Indian soldiers.-An Indian of the Ne Perce Tribe, a soldier in the United States Army, is within R. S. 2139. U. S. v. Hursh man (D. C. 1892), 53 Fed. 543. Students at Carlisle School. This section extends to Indian students at the Carlisk School, which is maintained at the expense of the Government under the direction of the Interior Department. U. S. v. Belt (D C. 1904), 128 Fed. 168. "Indian country."-See notes to. 2114. ante. The term "Indian country." as used in this section, includes any Indian allotment while the title thereto is held in trust by the Government. Thus, a public highway is Indian country where the Indians owning allotments adjacent thereto, are also the owners of the land on which the road runs, subject only to the public easement. Townsend v. U. S. (C. C. A. 1920), 265 Fed. 519. Jurisdiction of State court of liquor offenses involving Indians.-In prosecution of white man for manufacture of liquor in which no personal or property right of Indian was involved, the fact that crime was committed within limits of Indian reser. vation or on the property of allottee of Indian tribe did not deprive State court of jurisdiction, in view of act of Feb. 22, 1889 (25 Stat. 676), and Const. Wash. art. 26, subd. 2. State v. Lindsey (Wash. 1925), 233 Pac. 327. Grade of offense.-The offense of selling liquor to an Indian in violation of this section, which provides that any person convicted of such offense "shall be punished by imprisonment for not less than sixty days and by a fine of not less than $100 for the first offense and not less than $200 for each offense thereafter," is a "felony," as defined by sec. 335, Criminal Code, and not within the jurisdiction of a commissioner, whose jurisdiction is limited by statute to misdemeanors. Ex parte Margrave (D. C. 1921), 275 Fed. 200; contra, Bruguier v. U. S. (Dak. Terr. 1867), 46 N. W. 502. Punishment.-Punishment for offenses of possessing intoxicating liquor in Indian country, in violation of acts of July 23, 1892, Jan. 30, 1897, and May 25, 1918, is fixed by those acts, and the fixing of more severe punishment under national prohibition act was error. Kennedy v. U. S. (C. C. A. 1924), 2 F. (2d) 597. Under sec. 1, act of May 25, 1918 (40 Stat. 563), and sec. 1, act of Jan. 30, 1897 (29 Stat. 506), minimum penalty for possessing intoxicating liquor in Indian country is imprisonment for 60 days, and fine of $100, and fine of $1 was erroneous and required reversal. Edwards v. U. S. (C. C. A. 1925), 5 F. (2d) 17. A sentence, however, which imposes a fine of $500 and imprisonment for six months need not be reversed and remanded by the circuit court of appeals because of the excessive fine, but the sentence may be modified so as to strike out the excessive fine and the judgment may then be affirmed. Salazar v. U. S. (C. C. A. 1916) 236 Fed. 541. 2116. Territorial militia; organization.* * Provided further, That the word Territory as used in this Act and in all laws relating to the land militia and National Guard shall include and apply to Hawaii, Alaska, Porto Rico, and the Canal Zone, and the militia of the Canal Zone shall be organized under such rules and regulations, not in conflict with the provisions of this Act, as the President may prescribe. Sec. 62, act of June 3, 1916 (39 Stat. 198); U. S. C. 32: 121. 2117. Same; command.-The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. He shall reside in the Territory for which he is appointed, and shall be commander in chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision of the President can be made known thereon. He shall commission all officers who are appointed under the laws of such Territory, and shall take care that the laws thereof be faithfully executed. R. S. 1841; U. S. C. 48: 1453. It is expressly provided in the Hawaiian organic act of July 9, 1921 (42 Stat. 116), that the governor "shall be commander-in-chief of the militia thereof." Notes of Decisions Powers of governor.-As a rule the governor of a Territory can remove only such officers as have been duly appointed by him to hold at pleasure. (1874) 14 Op. Atty. Gen. 422. He has no power to remove officers appointed during pleasure by others than himself, or officers whose tenure is for a stated term or for good behavior, unless so authorized by the organic law or (in some cases) by the Territorial law. Id. Accordingly, where certain officers created by a Territorial statute were appointed by the governor, with the consent of the council of the Territory, for the term of two years: Held, that, in the absence of a power of removal expressly conferred by law upon the governor, those officers are not removable by him. Id. all general officers of the militia in 2118. Same; selection of officers.—* the several Territories shall be elected by the people in such manner as the respective legislatures may provide by law. R. S. 1856. All township, district, and county officers except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each Territory; and all other officers not herein otherwise provided for, the governor shall nominate, and by and with the advice and consent of the legislative council of each Territory shall appoint; but, in the first instance, where a new Territory is hereafter created by Congress, the governor alone may appoint all the officers referred to in this and the preceding section and assign them to their respective townships, districts, and counties; and the officers so appointed shall hold their offices until the end of the first session of the legislative assembly. R. S. 1857; U. S. C. 48: 1458. There is, at the present time, no territory on which this provision may act. 2119. Army transportation; supervision.-The Secretary of War shall prescribe general regulations for the transportation of articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, R. S. 219; U. S. C. 10: 1192. * of War, shall be charged * The Quartermaster General, under the authority of the Secretary with the transportation of the Army by land and water, including the transportation of troops and supplies by mechanical or animal means; with the furnishing of means of transportation of classes and kinds required by the Army; *. Sec. 9, act of June 3, 1916 (39 Stat. 170), as amended by sec. 9, act of June 4, 1920 (41 Stat. 766); U. S. C. 10: 72 The transportation of troops, munitions of war, equipments, military property, and stores throughout the United States shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint. R. S. 220; U. S. C. 10: 1363. By sec. 232, Criminal Code, 854 ante, nothing therein is to be construed as to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger-equipment vessels, cars, or vehicles. Notes of Decisions Authority of Secretary of War.-In absence of statute authorizing payment for transportation of mounts which are the private property of officers of the Army, the Secretary of War has no authority, by promulgation of a regulation, to bind the Government for such transportation, and this section confers no authority on the secretary to incur such liability on behalf of the Government. Atchinson, T, & S. F. R. Co. v. U. S. (1920), 55 Ct. Cl. 339. Compensation for transportation prior to Federal control.-Railroad held entitled to compensation for transportation of military impedimenta prior to Federal control of railroads. Reading Co. v. U. S. (1925), 60 Ct. Cl. 131 affirmed (1926), 270 U. S. 320; New York, N. H. & H. R. Co. v. U. S. (1925), 60 Ct. Cl. 174, affirmed (1926), 270 U. S. 320. 2120. Same; use by American National Red Cross.-That when the Red Cross cooperation and assistance with the land and naval forces in time of war or threatened hostilities shall have been accepted by the President, the personnel entering upon the duty specified in section one of this Act shall, while proceeding to their place of duty, while serving thereat, and while returning therefrom. be transported and subsisted at the cost and charge of the United States as civilian employees employed with the said forces, and the Red Cross supplies that may be tendered as a gift and accepted for use in the sanitary service shall be transported at the cost and charge of the United States. Sec. 2, act of April 24, 1912 (37 Stat. 91); U. S. C. 36: 11. 2121. Same; use by Government surveys.Provided also, That hereafter the Quartermaster General and his officers, under his instructions, where ever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the Bureau to which such property or stores pertain. Act of July 5, 1884 (23 Stat. 111), making appropriations for the support of the Army: Transportation of the Army; U. S. C. 10: 73. 2122. Same; use by Naval and Marine Corps detachments.-The officers of the Quartermaster's Department shall, upon requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with land troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with transportation for said officers, seamen, and marines, their baggage, provisions and cannon. R. S. 1135; U. §. C. 34: 541. By R. S. 1619 the Marine Corps is liable to do duty in the forts and garrisons of the United States, or any other duty on shore, as the President may direct. Similar provisions that the officers of the Subsistence Department should furnish rations to naval and marine detachments were made by R. S. 1143, ante, 2023. Notes of Decisions Service of Marine Corps with Army.When the Marine Corps is detached for service with the Army, and put on duty in forts and garrisons, it receives stores from the quartermaster for the Army. Reid . U. S. (1883), 18 Ct. Cl. 625. And provided further, That 2123. Same; use by post exchanges.-* hereafter no money appropriated for the support of the Army shall be expended for post gardens or exchanges, but this proviso shall not be construed to prohibit the use, by post exchanges, of public buildings or public transportation when, in the opinion of the Quartermaster General, not required for other purposes. Act of July 16, 1892 (27 Stat. 178), making appropriations for the support of the Army; U. S. C. 10: 1335. Provided. 2124. Army transports; passengers and freight carried.—* That no part of this appropriation shall be applied to the payment of the expenses of using transports in any other Government work than the transportation of the Army, its supplies and employees; and when, in the opinion of the Secretary of War, accommodations are available, transportation may be provided for the officers, enlisted men, employees, and supplies of the Navy, the Marine Corps, and for members and employees of the Philippine and Hawaiian governments, officers of the War Department, Members of Congress, other officers of the Government while traveling on official business, and without expense to the United States, for the families of those persons herein authorized to be transported, and when accommodations are available, transportation may be provided for |