The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-04-26
the ALLOTTED INDIAN
MAY HAVE WHISkEY
. Recent Decision Of the Supreme
Court Of the United States
Law Of '07 Set Aside.

Law Of '97 Set Aside.
Judge Cornelius H. Hanford. fed
eral judge for the western district of
Washington, has expounded a recent
decision of the supreme court of the
United States to the effect that it is
not unlawful for a white man to sell
whiskey to an Indian. This decision
of the supreme court as interpreted
by Judge Hanford practically sets at
liberty seventeen men who are pris-
oners in various parts of the state
awaiting trial on bootlegging charges,
and according to the opinions of
many leading lawyers all the pris-
oners at McNeil's island penitentiary
convicted Of selling liquor illegally
to Indians can go into the courts and
secure their freedom through writs
Of habeas corpus. The decision is
unQuestionably one of the most i'm
portant ever rendered by the su-
preme court in connection with In
dian affairs. 1t establishes the status
Of the Indian holding land allotted
to him by the government. AS a
matter Of fact, the law Of 1897 pro-
hibiting the sale of intoxicating
drinks to these Indians is declared
unconstitutional. The supreme court
contends that the courts cannot pre-
vent an Indian who holds land as a
citizen from eating and drinking
what he pleases.
This decision Of the supreme court
was rendered on April 10th. Judge
Hanford soon after received a copy
of the decision his Interpretation of
which legalizes the sale of liquor to
the red men. And now any Yakima
brave who holds allotted land, and
there are very few who do not, may
step into any saloon in North Yak
ina or any other place and buy and
drink all the booze he desires. That's
his privilege as citizen. The ef-
feet Of this decision upon the local
community may be far-reaching. 1t
will probably necessitate a much
more rigid police regulation than
has heretofore existed. It will, no
doubt, add to the disorders prevalent
here during the hop picking season.
and be the cause of many an Indian
brave biting the dust with his boots
on. An Indian cannot imbibe too
freely Of the white mans fire water
and maintain the dignity of a peace
able citizen. There is one phase of
the question that may be considered
in the nature of relief to the So
ciety of the community. Along about
hop picking time each year it has
Deen the custom Of very tough ele-
ment to gather in this vicinity and in
dulge in the traffic, heretofore con-
sidered illegal, Of selling whiskey to
the Indians. This class of fellows
maze good money at the business
enough, at least, to live on until the
officers of the law finally caught
them in the act. Since it is now the
privilege of the Indians to paIronize
the saloons and buy his booze over
the bar, he will no doubt refuse to
pay double and sometimes treble the
price it has cos. him heretofore when
dealing with the bOotlegger. This
may tend to keep out many undesir-
able characters.
Herewith is statement from
Judge Hanford bearing on the de-
Cision
THE supreme court has given its
new light in dealing with persons &C
cused of selling liquor to Indians con-
trary to the law passed in 1897. The
courts decision is most important to
us in this state. Under the Dawes
act, passesd by Congress in 1887. a
proceeding was established whereby
Indians received lands under allot-
ment from the general government.
These Indians are held to be citizens
of the United States.
1.-THE law passed by Congress In
1897 made 1t a crime for a person to
sell liquor to certain Indian wards of
the federal government. Under this
law we have been proceeding In this
state for some years past. The SUI
preme court holds that this law is
unconstitutional. and that Congress
has no more right to prescribe what
such an Indian shall eat or drink any
more than 1t can for any citizen OF
the United States.
Under the civil right decision Con-
gress cannot make laws prescribing
the rights of a citizen because of his
color or race or other like condition.
In other words, the supreme court
has held that an Indian holding lands