The Norfolk weekly news-journal., 1908-11-06
MAY AN INDIAN
BUY HIS BOOZE?
Three NlObrara SaIOOnkeepeIs
Are Arrested.
WILL TEST NEBRASKA LAW.
Niobrara Saloon Keepers Have Been
Arrested by Secret Service Men,
They Were Selling Under Belief
That Sale Was Not ILLEGAL.

'NIopi"Id, NOV, h.-trom stan cor
respondent: Does Indian citizenship
include the white mans privilege OF
getting drunk?
This grave question: question in.
volying personal liberty" has its in
ccption at NiObrara, where one saloon
keeper pleaded guilty to selling liquor
30 indians and two others, under ar
rest, intend to resist the charge.
The saloonkeepCr who pleaded gull
~ was Claus Hansen. Hansen was
fined 500 on three complaints, the
costs amounted to $50 more. The two
saloonkcepers who are fighting the
charge are John Foster and Henry
Carney.
Hansen pleaded guilty in the county
court OF Knox county at Center, the
county seat, yesterday. Foster and
Carney engaged counsel to defend
them, also their bartenders, who were
likewise arrested, at the trial, which
viii occur at a regular term.
Secret Service Men There.
federal secret service officers who
have been at Niobrara two weeks gath
ering evidence. The secret service men
pretended that they were prospective
land buyers and carrid out the idea
so well that Niobrara people did not
suspect their mission until the arrests
of the three saloonkeepers were made
Tho of ciInral,ln tipnn In,
the saloons, and not only witnessed
Indians buying liquor, but treated
them and gave them money to buy
liquor with.
For a year past the three saloons OF
Niobrara have been selling liquor open
ly to Indian citizens. They supposed
that they were safe in this from the
fact that an Indian territory decision
rendered over year ago covering
nearly the same question, the court
held that the statute was not viola ed /
by selling liquor to Indians who had |
attained the rights of citizenship.
Tests Nebraska Law.
But the statute of Nebraska prohib'
its the sale or giving away Of liquor |
drunkards and Indians. 1t is under
the Nebraska law that Foster and Car.
ney will be tried. 1t will be test
case of prime Importance, and is likely |
to be carried to the supreme court |
of the United States to determine the
validity and constitutionality of the
Nebraska law.
The principal question is this: Can
the state classify its citizens? In Othel
words, can the state discriminate
against its Indian citizens in the mat
ter of the consumption of liquor?
The supreme court of Oregon says
this can be legally done; that because
of an Indians fondness for liquor and
lack of restraint, and his rccklessness
while under the influence of it; his
tendency to spend his time and money
in dissipation, if unrestraned, makes
it necessary to put him under same re.
strainiug law as that of habitual
drunkard.
The department of justice at Wash
ingtOn contemplated for some time the
prosecution of saloonkeepers and boot
leggers who supplied Indian citizens
and agency Indians with liquor, but
it was hampered for lack of funds. AT
the last session of congress the de.
partment got an appropriation of 500
000 for this purpose Accordingly four
secret service men were assigned to
collect evidence and prosecute Offend !
erS
Attorney L. A. Houston, of Niobrara,
has been retained by the government !
to prosecute the cases against Foster !
and Carney. Seven charges were filed
by the secret service officers against
Foster, and four against Carney.
The Omaha-Winnebago reservation
Indians are citizens and come under
the same liquor restrictions as do the
Santee Sioux and Poncas at Niobrara.
The Santee Sioux reservation is five |
miles east and north of Niobrara and |
has on it from eight to ten hundred |
citizen Indians. This total includes
men, women and children, and not |
adult males. The Poncas to the north
west of Niobrara number three hun
dred
Drink crazes Indian.
Said "A Niobrara resident: Drink !
brings out all that is reckless and I'M
controlable in Indians. They are not |
endowed with the qualities of restraint |
that white men are. They are wild |
and barbaric by nature, and drink ag' !
grayates those primitive traits. indians |
have a fondness for liquor beyond !
white mems conception. But this IS |
not the worst They become highly |
dangerous when drunk, They are ugly |
and quarrelsome, They will attack
each other without cause. Many stab |
bings mad shootings have occurred |
during these drunken debauches"
The same Niobrara party asserts /.
that nearly every grown male Indian /.
on the Ponca and Santee Sioux reser-
vatinus will drink IN oat drlIul; If no |