Matter of Heff
Supreme Court of the United States
ORIGINAL. On October 15, 1904, petitioner was-convicted in the District Court of the United States, District of Kansas, under an indictment charging that he did “unlawfully sell, give away and dispose of certain malt, spirituous and vinous liquors, at' the town of Horton, in the county of 'Brown, in the State and District of Kansas, to John Butler, to wit, two quarts of beer, more or less, and he, the said John Butler,- being then- and there an Indian, a member of the…
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ORIGINAL. On October 15, 1904, petitioner was-convicted in the District Court of the United States, District of Kansas, under an indictment charging that he did “unlawfully sell, give away and dispose of certain malt, spirituous and vinous liquors, at' the town of Horton, in the county of 'Brown, in the State and District of Kansas, to John Butler, to wit, two quarts of beer, more or less, and he, the said John Butler,- being then- and there an Indian, a member of the Kickapoo tribe of Indians and a ward of the Government, under the 'charge of O. C. Edwards,an Indian superintendent, contrary…
1Opinion of the CourtJustice Brewer
The contention of petitioner is that the act of January 30, 1897, is unconstitutional as applied to the sales of liquor to an Indian who has received an allotment and patent of land under the provisions of the act of February 8, 1887, because it is provided in said act that each and every Indian to whom allotments have been made sjhall be subject to the laws, both civil and criminal, of the State in which they may reside, and further that John Butler, having, as is admitted, received an allotment of land in severalty and his patent therefor under the provisions of the act of Congress of…
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