Arizona citizen., 1872-02-10

 that an Indian country as declared by the first section of the Act of 1884, is one {" to which the Indian title has not been extinguished;" that there it is that license Is required to enable the citizen to trade with the Indians, and that in the Indian country as thus de- scribed, apply the pains, penalties, prohibitions and forfeitures declared by our Acts regulating trade and in- tercourse with the Indians.
 The venerable maxim of legal con- struction-e,pressio mius est erclusio al- teraus-which thus ordains that when in a statute one or few of class of par ticulars are enumerated, 1t must be taken that all the rest of this class not enumerated, are intended to be exclud- ed from its operation, impels to the conclusion that in no other but the h. dian country, as described by the Act of 1884, is license required to enable the citizens to trade with the Indians, and that in no other do the pains, pen- alties, prohibitions and forfeitures de- nounced by the laws regulating trade and intercourse with the Indians, ap- ply at all. On this conclusion alone, the condemnation prayed for in this case might be denied. The magnitude of the question involved, however, 1t is submitted, requires a more eXhaus- tive examination of the law; and by different mode of investigation, of an- other class of legal provisions, the judicial mind is carried to the same conclusion.
 The Act of 1884, already examined, was the consummation of more than forty years of tentative Indian legis- tion; the Act of 1902, of thirteen years of similar legislation under the Constitution. The Act of March 30, 1902 Q Stats. at L., 141), provides: "Section 19.-Notf1ing in that Act shall be construed to prevent any trade or intercourse with Indians iv- ing on lands surrounded by settle ments of the citizens of the United States, and being within the ordi- nary jurisdiction of the individual States" The same provision is found in the Act of July'22, 179O q Stats. at L., 137); in the Act of March 1, 1793 (Sec. 13, l Stats at L., 339), and in the Act of May 19, 1796 (Sec. 19, Stats. at L., 469). which was the last Act or the subject preceding that of 1902, from which the citation under immediate consideration is taken. In reference to this provision, the Act of 1884, thus provides in its repeating clause: Sec 29.-"That such repeal shall not impair or affect the inter course Act of 1902, so far as the same relates to or concerns Indian tribes east of the Mississippi river" Why, it may be asked, was this reservation in the Act of 1884, made in favor of States and citizens east of the Missis- sippi river? It was because they comprised great numbers of citizens on lands of their own or of the United States, settled round Indians, which the Federal Government did not mean should be embarrassed by the monop- olies of licenses in their trade with the | Indians or with others. The Act of 1884, regulating trade and intercourse with the Indians, can also be traced partly as consequence to the then recent cases of the American Fur Go. vs. The United States (2 Pet, 35S) l Cherokee Nation vs. The State of | Georgia 6 Pet, ?, and Worcester vs. The State of Georgia (6 Pet, 547)- the last of which was decided in the Supreme Court of the United States, only two years before the passage of the Act of 1884.
 At the date of the act of 1884, there were but two organized Territories, Michigan and Florida, east of the Mississippi River. In these, however, as we'll as on the vast domain west of that river, were increasing con- munities of citizens on lands of their own or of the United States, round Indian settlements; and it was to prevent these and similar ones, certain to arise from being cramped and en- barrassed in their trade and intercourse, ( that the Indian country was so severe ly defined and described as already shown by the Act of 1884, which cir I 1t to territory in (which t the Indian title has not been extin- a guished."
 The protection and improvement of c the Indians has been & cherished t policy of the United States. Not less