| Show SETTLES STATUS Sl A JUS OF POOR FOW INDIAN Judge Marshall Dismisses In Indictment Indictment Indictment In- In Against Alleged Liquor I LO MAY BUY FIREWATER Not 01 t a u Crime to 0 Take Faie Liquor on oti Ht Its Its- CIs or ution a iou Vi I li ind ml Tzi Taken hen In InSo So Sc Severalty An opinion of or much Importance was Ien rendered cred yesterday a by Judge John A A. Marshall In the tIme case casc of ot the lie United States State c against t George GCorge Ross floss in which the demurrer of ot defendant ant to Indictment Indict indict- ment mont charging him with Introducing spirituous liquors Into Inlo the Indian country was sustained This ruling Of or Judge Marshall recognizes the thc In- In resident I In that portion of oC Utah formerly known as us Vintah Indian reservation res res- as citizens of ot the tho United States subject to the thc state laws civil cl an and criminal and lal takes the supervision supervision supervision super super- vision of oC caS cases S like the one in question question ques clues tion from the general government to The in indictment against agaIn t George Geore Boss was found oun under the tue act of oC Jan 30 1897 7 anti and charged defendant with In Introducing Introducing introducing In- In Intoxicating liquors Into a n apart apart part of oC the reservation tho the date of or the offense being nam nam- name named e ed as Sept 20 1905 To 10 this In Indictment In- In the defendant demurred the point of oC demurrer being that before betre Sept 20 1905 a n portion of or the land lani within the he land iliad I boon been allotted In severally severalty to each cach of ot the Indians the remainder l' l Including th the lam land described in the Indictment had become a part of or the public domain do- do do do- main and the act of ot Jan 30 SO 1597 vaS ivaS no longer applicable t Date Dale of or Opening u 2 25 Th The proclamation of or the President opening tho the lands for oa en enU entry en- en U try and ond settlement was Js issued July 14 14 1905 the date set for tOI such opening being joing August 25 of the same year ear An act of e congress ra passed sed Feb 8 S. S 1887 1387 authorized tho the allotment of land in severally to Indians on th the several reservations whenever in the opinion or of the time President an any reservation or part thereof would be advantageous for tOI or agricultural and grazing g purposes Section 1 G 6 of that same ame act provided That upon completion n of oC said ill al- al and the time patenting of the Jan lands ands s to said each and 1101 every member lember of the lie respective ban bands s or trIbes of Indians to whom allotments have lave been leen made shall shaH have ha the benefit bene benc- fit lIt of oC and amid be subject tl to the laws both civil cl and alil criminal of the state or 01 territory In iii which they may nay reside and no territory shall pass or enforce an any ai law la denying any such Indian i within Its jurl jurisdiction the he equal protection protection pro pro- t of oC the law lav And every o Indian born within tho territorial limits of t Ute tile United States to whom allotments allot allot- ments shall shah havo been under made time the he provisions pro 4 o of this thili a act t or under an any law Jaw lawor or oL treaty and ani f t every c i Indian born within tl life ll or- or thc United States Sti who has voluntarily talEn talc tak taken en up within said limits his residence s separate and apart from any tribe of Indians therein an and has adopted the habits of civilized cl life liCe and er e every In Indian Indian In- In d dian in Indian Territory is hereby de- de c to be le a citizen of the United a and mul Is la entitled to all the hc rl rights privileges e gos and Immunities bf of such citizens whether said Indian has been or nOt by birth or 01 otherwise a member o of an any tribe of or Indians within the territorial territorial terri tori I- I tonal limits of oC the United States without without without with with- out In any manner impairing or otherwise other other- wise iise affecting ng the right of or such Indian Indian In In- In dian dJan to tribal or 01 other property cl B cry E Indian a Citizen Time The effect of or this provision ro says Judge shall Marshall was to make moko every In Indian Ian to whom an allotment of or land lanel had been heen ma made c In conformity with the provI provisions lons of or that act a citizen o of the thc United States State and anti of oC necessity a citizen of or the state In iii which ho re resides resides re- re sides and subject to lo the laws Jaws thereof The Time case of the United States against Heft Herr is iR then cited by Jud Judge e Marshall In itt which the Supreme court of oC the United States Slates held that the he dOlen dependent depend depend- ent eat status tatus of oC the Indian ceased h by virtue of ur the act acl of February 8 8 1887 on the thc allotment of oC land hand In severally to lo him and thereafter his former condition con con- dillon of or tutelage afforded no tie basis for Cor police regulation b by the national government government gov gov- within tho lie boundaries of ot a aJ J state stale l In Iii the lie case of oC Draper against the tho United States It was held by hy the same court that thai the fact that a u crime was committed on an Indian reservation did not warrant prosecution I by the United States Stales when time the crim n inal ina act was within the police pollee power of ut the state Judge Marshall also cites the Iho decision de tic- le- le of oC the Circuit Court of oC Appeals of the Ninth 1 circuit In the c case se of the United States Slates against Dick a Ia parallel 1311 I cn case e to the one Otto In which Judge Marshall Marshall Mar Mar- shall hall yesterday gave ave his opinion In which the Circuit Court CO of or Appeals hel held that the district court of or l Idaho aho did not ha have jUrl Jurisdiction of the lie offense charged In iii the tho Indictment The Time opinion Ion of ot the court I Is 1 so 0 satisfactory says tIUS Marshall as to lo render unnecessary unnecessary un un- un- un necessary 1 further discussion here It follows M that hat the time demurrer must be sustained and the thc Indictment dis- dis ls- ls In missed It |
