State v. Alexander
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Banc. Statement by Mr. Justice Eaiun. This is a criminal prosecution, under Section 1964, L. O. L., for obtaining money under false pretenses, the proof of which is controlled by Section 1541, L. O. L. The defendant Laura Y. Alexander is a mixed-blood Indian woman, and her husband, H. H. Alexander, a white man.
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From Umatilla: Gilbert W. Phelps, Judge. In Banc. Statement by Mr. Justice Eaiun. This is a criminal prosecution, under Section 1964, L. O. L., for obtaining money under false pretenses, the proof of which is controlled by Section 1541, L. O. L. The defendant Laura Y. Alexander is a mixed-blood Indian woman, and her husband, H. H. Alexander, a white man. The charge in the indictment is that by certain, fraudulent pretenses Laura V. Alexander represented that she was the owner of 160 acres of land, which is described in the indictment, said land being an allotment by the United States…
1Opinion of the CourtJustice Eakin
The control of the Indians, not only of their persons, but their property and lands, is reposed by act of Congress in the Interior Department, so that an allottee under the law cannot make a contract in relation thereto without the consent and approval of the Interior Department, or of the agent at-the reser*331vation. The indictment alleges that these are reservation lands claimed by the defendant Lanra V. Alexander as heir of said Depot. Congress passed an act on February 8, 1887, found in 3 Fed. Stats. Ann. 494, Section 5 of which provides, among other things:
“Upon the approval of the…
2Cases cited2 opinions
- McCord v. . the PeopleNew York Court of Appeals · 1871
- State v. CrowleyWisconsin Supreme Court · 1876
3Cited by3 opinions
- State v. FosterNew Mexico Supreme Court · 1934
- People v. KoscielniakAppellate Court of Illinois · 1930
- State v. Miclau, Jr.Ohio Court of Appeals · 1957