Arizona citizen., 1871-12-09

amended by future legislation" Nc
 repeating legislation fucting tn,
 present case can be shown
 The organic Act of New Mexico
 the supplemental Act of 1851, and
 our own organic statute, thus apply
 to Arizona all the laws of the United
 States, comprising our Indian inter-
 course laws, and especially the pro-
 visions of them above cited, if apOli-
 cddle. The question recurs, Are they
 applicable especially the provisions
 cited above!
 Tine Indian intercourse Act of 1902,
 and especially the 18th section of it,
 was applied by the Act of 1S34 to the
 States east of the Mississippi, because
 there were then there settlements of
 citizens of the United States, round
 Indians and other similar settlements
 certain to be made, which were not to
 be fettered and retarded by licenses,
 forfeitures and penalties, by our law specially applicable to the Indian country. Fer precisely the same reascn they were applicable here in
 1863, and are now appllcable to the present and all similar cases.
 Laws extend to all the future unless limited by their own letter. Presump- tivel y and constructively, they do not affect the past. Nothing appears to show that 1t ever has been the intention of the Federal Government that settle ments of citizens of the United States round Indians in Arizona, made or to be made, should be subjected to icen- ses, forfeitures and penalties, ill their Indian intercourse, to which similar settlements in States east of the Mis- sissippi, and in Territories west of it, are not subjected.
 The conclusion affirmed from this analytic and synthetic examination of our Indian intercourse laws, is that for any person residing in a settle ment of citizens of the United States, round Indians but not on an Indian reservation or on lands subject to h. dian title, no license is required to enable him to trade with these Indians from an Indian Superintendent, Agent, or any one else ill Arizona.
 The first section of the Act of 1884, already cited and analyzed, and the commencement of the next section of the same Act, as follows: "Sec. 2.- No person shall be permitted to trade with any Indians Gin the Indian country), without a license therefor, from a superintendent of Indian Af- fairs, or Indian agent or sub-agent," " were relied on almost exclusively for the United States on the hearing of the case. It will be seen that the phrase, in the Indian country, as descrip- tive of the place where this license IS to operate, Is made peculiarly prom nent, enclosed as 1t Is i'll parenthesis, n Sec. ,. above cited. Throughout the statute and others also mere in spection will show, that with the ex- ,eption of one single transaction, to De noted hereafter, the Indian country s used in connection with licenses, and penalties, as the place, md the only place, where they are 'equired or where they can operate By the most emphatic notation, by reiteration of the phrase, Indian country, every other portion ,f our national domain Is thus saved rom the operation Of licenses, for eitures, and penalties as absolutely Is the physical law of impenetra bility any volume of matter from portion of space which Is already by another.
 It may be added, the separation of he Indian country from other DOT ions of the national domain Is not he absolute legal or geographical everance of one from the other. The Indian lands are considered part f the national domain. The fee imple title of a State to tract of and is not inconsistent with an h. ian title, which is one of possession, or use to the same tract. m Indian country may not be made n asylum for crime by or against its ndian occupants, against the laws of he State or Territory within which ] is located. These laws may reach ffenders and others as well with ] as protection within its recincts.
 In harmony with these conclusions, re the cases decided by the highest e adicial tribunals, only few of which I an be cited here.
 The Indian country is admitted to a