Territory of Montana v. Guyott
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. The defendant was tried before De Wolfe, J., who sustained the constitutionality of the statute under which the defendant was indicted. The law under which the defendant was indicted, tried, and sentenced is unconstitutional and therefore void.
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Appeal from, Second Judicial District, Silver Bow County. The defendant was tried before De Wolfe, J., who sustained the constitutionality of the statute under which the defendant was indicted. The law under which the defendant was indicted, tried, and sentenced is unconstitutional and therefore void. The territorial government of Montana is one of limited powers, having only such powers as are expressly given to it by Congress; it has none of the essential attributes of sovereignty, and is but a province over which Congress exercises supreme control. (Territory v. Lee, 2 Mont. 124; New…
1Opinion of the CourtBlake, C. J.
The appellant has been convicted of the crime of selling whiskey in Butte at the county of Silver Bow and outside of any Indian reservation in this Territory “to a certain Indian,” contrary to the form of the following statute: “If any person shall, directly or indirectly, sell, barter, or give intoxicating liquor, whether fermented, vinous, or spirituous, or any decoction or composition of which fermented, vinous, or spirituous liquor is a part, to any Indian or half-breed Indian in this Territory, he shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished. . . .…
2Cases cited16 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Kidd v. PearsonSupreme Court of the United States · 1888
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3Cited by19 opinions
- Puerto Rico v. Shell Co. (PR), Ltd.Supreme Court of the United States · 1937
- Rice v. RehnerSupreme Court of the United States · 1983
- Territory v. Long Bell Lumber Co.Supreme Court of Oklahoma · 1908
- Rosencranz v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- State v. NormanUtah Supreme Court · 1898
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