Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1893-12-28


territory, es we'll as Of all othei
persons who solicit or receive any
orders for such liquors to be
80 shipped; and of all wholesaI ers,
or other persons, who ship liquor
into the territory either with OF
without such an order; and of all
employees OF any express or rail.
way company who shall knowingly
receive or handle in any wSy such
intoxicating liquor between the
time il has been delivered by the
shipper at any point outside of the
territory and received by the man
within The territory to whom it is
shipped.
The word knowingly" is not
used in any technical sense in this
letter, but the agents and EN-.
ployes Of express and railway
companies will be presumed to be
persons of ordinary common sense,
and they will be judged accord
ingly, and they will be liable for
knowingly receiving or handling
intoxicating liquors shipped into
this territory whenever any person
of ordinary common sense under
like circumstances would have
known that the package received
or handled by them contained
such intoxicating liquor.
Please instruct your deputies
also that III every instance where
any of the cases above referred to
are brought to their attention, to
see that all parties concerned in
any of these transactions are COM
planned against before the proper
commissioner Of this court; and
if complaint cannot be secured
from some person having such
actual knowledge of the commits
sion of the crime as will permit
him to properly swear out a COM
plant, then instruct your depu-
ties to write this Office fully, Civ.
ing all facts and names of wit
nesses and we will see that the
proper witnesses are subpened
before the next succeeding grand
jury in the proper division, an in
vestigation duly made, and an in.
dictment returned against all
guilty persons, which indictments
will be prosecuted as vigorously
as possible.
| would also respectfully call
your attention, in this connection,
to the necessity OF instituting pros
ecutions in all cases where parties
are known to have disposed, in
any way, of intoxicating liquors
of any character to an Indian, no
matter whether it was shipped
into the Iadian Territory or man
ufactured within the Indian Ter
ritory. Very Respectfully,
CLIFFORD l.. JACKSON,
United States Atty.
You will give this letter your
careful attention and see that all
violations OF the law are promptly
investigated to the end that there
may be no more complaints of
want of prosecution Of offenders
under this statute.
Whenever deputies have posi-
tive knowledge that any package in
the hands of any railroad or ex-
press company's agents, con-
tain liquor that has been shipped
from some point without the Ter
ritory to some point within the
Territory, they will demand pos
ession of the package, and should
the same be refused, they will
seize it.
Whenever it is practicable depu-
ties will obtain authority for seiz-
ure from the marshal's office, and
in all cases they will give a re-
ceipt for the package taken.
In all cases where liquor is
taken as above, or from any de-
fendant under arrest, deputies will
take or send all the liquor to the
marshal's office in their division
and they will be held to a strict
accountability for the entire
amount seized.
J. J. McALEsTER,
II s Marshal