The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-08-06
JUSTICE HUGHES
OPINION NOT
IN CONFLICT
Decision BY Justice Hughes May Not
Be in Conflict With Pitney's De-
eIsion in Webb Case.

Muskogee, Okla, Aug. 6. - Musko-
gee liquor men were jubilant today on
receipt of an opinion handed down by
the United States supreme court in
the case of Henry Clairmont against
the United States, in which the court
held in an opinion by Justice Hughes
that where the title to property pass
ed from the government or from an
Indian to an individual, the property
so decided could no longer be consider
ed Indian country and that the fed
eral authorities could not prosecute a
man for having liquor in his posses
sion on this land or for introducing it
into Indian country. The decision was
sweeping in it's character, and while
at first glance it appears to be In op-
position to the decision in the Webb
case as decided by Justice Pitney, the
federal authorities here say that there
is vast distinction between Indian
country as defined by Justice Hughes
and Indian territory as defined by JUS
tice Pitney, and that while both opin-
ions may be good law, liquor can be
introduced into Indian country and it
cannot be introduced into Indian ter
ritory.
Hughes a man was convicted of intro
ducing liquor into the Flathead reser-
walton. He was captured on North
ern Pacific train inside the reserya-
ton and was convicted and sentenced
to six months in Jail and fined 500
and costs. The United States supreme
court reversed the judgment and re-
I manded the case, with directions to
quash the indictment. The court held
that where the title to the property
was extinguished or where it had
passed from the control of the Indian
it was no longer Indian country and a
man could not be convicted of intro
ducing liquor into country which
was not part of the reservation proper,
but was owned by someone else than
an Indian.
United States Attorney Gregg con-
tends that Webb was convicted under
the federal act of 1895, which makes
it a crime to introduce liquor into In
dian Territory, and that the decision
Of Justice Hughes does not conflict
with the decision in the Webb case.
Judge R. E. Campbell of the Eastern
district of Oklahoma, before whom all
the liquor cases must be tried, stated
today that he had not had time to go
into the decision in the Clairmont case,
and did not desire to be quoted at this
time. He would pass on the matter
when it came to him in an official man.
ner.
Assistant United States Attorney
Frank Lee stated that the decision in
the Webb case applied to intestate
shipments of liquor solely In his
opinion it was no offense against the
federal Ia VITO ship or carry liquor
from one point in Oklahoma to an
other, and a man who had liquor from
either Oklahoma City or Tulsa could
not be convicted of introducing under
the federal law OF course if man
simply had the contraband goods re-
billed from inside the state, the ship
ment having its origin outside the
state, he could not escape on this sub
terfuge.
United States Marshal Victor, who
looks after the arresting end of the
proposition said that he intended ar
resting men for introducing liquor into
Muskogee or elsewhere, no matter
where the shipment originated 1t
would be up to the man to prove to the
court that he got the liquor in Tulsa
or some other point inside the state,
and then the state could take hand.
1t is intended to have man arrest
ed on the Katy right of way with the
liquor in his possession brought from
another state and then it is expected
that some final decision can be Sc
cured.