The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-05-31
INDIAN STOCK is LIABLE
UNDER STATE LAW.
CROW RESERVATION CASE
Raises Question as to Powers Of
State Stock Inspection
Commission.

Second Assistant Attorney General
Mettler has handed down an opinion
that horses shipped from an Indian
reservation within the limits of the
under the law passed by the last leg
islature.
The opinion was rendered at the
suggestion of w. G. Preuitt, secretary
of the state stock commission, who
was confronted with a question raised
on the Grow reservation a couple OF
weeks ago by Agent Edwards. The
agent desired to ship some Indian
horses and gave the railroad agent at
Grow Agency to understand hat he
was not amenable to the state law.
The law regarding the inspection Of
stock specifies that all stock must be
inspected before a railroad agent or
representative can accept it for ship
ment and the shipper must show a
certificate of inspection.
The railroad agent at Crow Agency
was in a quandary and on inquiring at
the office of this city, was told that if
he accepted the stock he would do so
on his W responsibility. 1t seems
that a railroad in Arizona had a SINH
lar experience not long ago, wherein
it refused to accept stock from a res
ervation until inspected and in this
was upheld by the United States SUI
preme court. '
The decision of the assistant attor-
ney general is based upon the statutes
giving the states police power over all
the territory within their borders. The
official takes the position that that po-
lice power includes the inspection of
stock, as provided for under the re-
Gently made law. The state authori-
ties have the power to go upon the
reservation and inspect horses and
stock to be shipped, says the opinion,
without coming in conflict with the
federal jurisdiction over Indians and
their property.
The opinion is as follows:
Ordinarily the state authorities
have no jurisdiction over the persons
or property of Indians upon the res
ervation, this jurisdiction being eX-
ercised exclusively by the United
States under the constitutional pro-
vision giving congress exclusive jur-
isdiction in all matters affecting COM
merce with Indians and Indian tribes.
However, inspection laws come within
what is known as the police powers of
the state, unless in conflict with the
regulations of congress.
'"The question of the authority of
the state to exercise police powers
over the person Of property Of Indians
on a reservation has never been di-
rectly passed upon by the supreme
court of this state or of any other
state, so far as. we have been able to
find. Yet it has been held that an
Indian reservation within the terri
torial limits of this state is a part
of the state, unless there is some
treaty with the Indians to the con-
trary; and it is a we'll settled doc
trine that the state has authority to
exercise police powers owe all per-
sons or property within its limits"
Taking the above as his authority
the state inspection commissioner will
make arrangements to inspect all
stock that is to be shipped from the
Indian reservations of the state, and
the law will be as rigidly enforced
as though. the shipments were being
made from the ranches or farms of
individuals.