United States v. Haul
District Court, E.D. Wisconsin
On Demurrer to Indictment. The defendants, who are,Oneida Indians, are indicted under the law of 1897 (Act Jan. 30, 1897, c. 109, 29 Stat. 506), for carrying ardent spirits into the Indian Reservation. A demurrer has been interposed to the indictment.
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On Demurrer to Indictment. The defendants, who are,Oneida Indians, are indicted under the law of 1897 (Act Jan. 30, 1897, c. 109, 29 Stat. 506), for carrying ardent spirits into the Indian Reservation. A demurrer has been interposed to the indictment. The defendants are themselves allottees, to each of whom a tract of land has been allotted, and to whom has been given by the government what is known as a trust patent, whose terms and legal effect are discussed in several of the cases cited in the opinion. It is conceded in argument that a large fraction of the Oneida Reservation is now owned…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The demurrer questions the jurisdiction of the government in the premises to enforce Act Jan. 30, 1897, c. 109, 29 Stat. 506. This is a serious and important question, which, for many reasons, ought to be speedily and finally settled.
The relation between the United States government and-the Indians was settled by a learned and elaborate opinion by Mr. Justice Marshall in Cherokee Nation v. Georgia, 5 Pet. 1, 8 L. Ed. 25, which opinion has been followed in many later cases. The United States, as in duty bound, assumed guardianship over the Indians as a…
2Cases cited12 opinions
- Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
- United States v. KagamaSupreme Court of the United States · 1886
- United States v. RickertSupreme Court of the United States · 1903
- Camfield v. United StatesSupreme Court of the United States · 1897
- United States v. McBratneySupreme Court of the United States · 1882
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3Cited by4 opinions
- State v. MonroeMontana Supreme Court · 1929
- Mosier v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- United States ex rel. Friedman v. United States Express Co.District Court, W.D. Arkansas · 1910
- United States v. KempfDistrict Court, E.D. Wisconsin · 1909