State v. Rorvick

GIVENS and TAYLOR, Justices

(dissenting) .

The Federal statutes prohibiting the sale of intoxicating liquor to Indians have been upheld uniformly because of specific authority to Congress to so legislate in Article I, Section 8(3) of the Constitution:

“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”.

No such provision is in our State Constitution and the only authority for our statute, Section 18-4201, I.C., is to be found in the exercise of the police power. Brown v. United States, 9 Cir., 8 F.2d 433. Therefore, the Federal statutes or…