Legal Opinion

Gearlds v. Johnson

U.S. Circuit Court for the District of Minnesota

Decided January 9, 1911No. 1,007PublishedCited by 1 opinion

In Equity. Suit by Edwin Gearlds and others against W. E. Johnson and others to .restrain the enforcement, of Chippewa Indian Treaty Feb. 22, 1855, art. 7,10 Stat. 1165, prohibiting the introduction of intoxicating liquors into the Indian country within the entire boundaries of the country ceded by the treaty to the United States until otherwise provided by Congress. On demurrer to the bill.

1Opinion of the CourtWideard, District Judge

(orally). Congress from time to time has passed various laws prohibiting the introduction of liquor into the Indian country. Among these are the act of 1834 (Act June 30, 1834, c. 161, 4 Stat. 729), the act of 1864 (Act March 15, 1864, c. 33, 13 Stat. 29), the act of 1892 (Act July 23, 1892, c. 234, 27 Stat. 260), and the act of 1897 (Act Jan. 30, 1897, c. 109, 29 Stat. 506), and the question at the bottom of this case is, of course, whether the United States government can prohibit the introduction of intoxicating liquors into land covered by the treaty of 1855. If the case depended alone…

2Cases cited24 opinions

  1. United States v. KagamaSupreme Court of the United States · 1886
  2. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  3. Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
  4. The Kansas IndiansSupreme Court of the United States · 1867
  5. United States v. McBratneySupreme Court of the United States · 1882

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3Cited by1 opinion

  1. Courtright v. City of DetroitSupreme Court of Minnesota · 1921

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