Legal Opinion

United States v. Holliday

Supreme Court of the United States

Decided March 18, 1866PublishedCited by 162 opinions

These were indictments, independent of each other, for violations of the act of Congress of February 13, 1862,* which declares that if any person shall sell any spirituous liquors “ to any Indian under the charge of any Indian superintendent or Indian agent appointed by the United States, he shall, on conviction thereof before the proper District Court of the United States,” be fined and imprisoned.

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These were indictments, independent of each other, for violations of the act of Congress of February 13, 1862,* which declares that if any person shall sell any spirituous liquors “ to any Indian under the charge of any Indian superintendent or Indian agent appointed by the United States, he shall, on conviction thereof before the proper District Court of the United States,” be fined and imprisoned. This act of 1862 was amendatory of an act of June 30, 1834,* declaring that if any person sold liquor to an Indian in the Indian country he should forfeit five hundred dollars. These indictments…

1Opinion of the CourtJustice MHjLER

*

The questions propounded to this court in the two cases have a close relation to each other, and will be disposed of in one opinion.

The first question on which the judges divided in the case against Haas is, “ whether, under the act of February 13, 1862, the offence for which the defendant is indicted was one of which the Circuit Court could have original jurisdiction.”

Previous to the act of July 15, 1862, no Circuit Courts existed in the districts of Texas, Florida, Wisconsin, Minnesota, Iowa, and Kansas, but the District Courts in those districts exercised the powers of Circuit Courts. It…

2Cases cited1 opinion

  1. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831

3Cited by162 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. United States v. MazurieSupreme Court of the United States · 1975
  3. Lottery CaseSupreme Court of the United States · 1903
  4. Henderson v. Mayor of the City of New York Commissioners of Immigration v. North German LloydSupreme Court of the United States · 1876
  5. United States v. AntelopeSupreme Court of the United States · 1977

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