Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-10-28

/ The United states, plaintiff u error.
vs..
/ Felipe SandOvai.
In error to the district court cf tfs
| United States for the district OF New
! Mexico
October 90. 1870
/ Mr.. Justice Van Devanter delivered
, the opinion Of the court.
This Is a criminal prosecution for
Introducing intoxicating liquor into
the Indian country, to-wit, the Santa
Clara pueblo. In the state of New
/ Mexico. In tho district court demur-
1 ror To the Indictment was sustained
and the indictment dismissed upon
the theory that the statute upon
which Il Ia founded is Invalid. as APP
piled 90 Indian pueblos In New Mex
leo, because usurpinR part of the po-
lice power OF the state and encroacL-
ing upon its equal footing with the
other states. 79S Fed. 53s.
The Indictment Is rounded upon tho
act OF January 80. 1917, 20 stat. SOC.
G. tO9. as supplemented by Sec. 2 Ut
the act Of June 90, 1910. SO stat. 557.
C.. $40, being tho New Mexico en-
abling act Tho first act makes Il a
punishable omensc 90 introduce intoy
iCating liquor into the Indian couu-
try. ana the second. In naming the
conditions upon which Now Mcxic D
should be admitted into the union.
prescribed. IN substance that the
lands then owned ol occupied by the
Pueblo Indians should be deemed and
treated as Indian country within the
meaning of the nrst act ana of kim
dred legislation by congress.
whether without this legislative IN
depreciation tho first act would have
included the pueblo lands we need not
consider Tho territorial! supreme
court had but recently held that Il ala
not include them Omitted States VS..
Mares, "a y. NJ. ~. and congress, ovi-
IDENTIFY wishing TO make sure Of "a diff
ferent result IN the future, expressly
declared that II should include them.
That this was done In the enabling
act and that the state was required
TO-, and did, assent Ia Il. as "A cOndi-
ton to admission into the union, IN
no wise Affects the force of the con
grcssiOnal declaration, II only the sub
joct be within the regulating power ut
congress. As was said 10y this court
In Coylc VS. Oklahoma, 22t L, $. 500.
57f; 1T may well huppon that con-
gross should embrace In an enactment
introducing a new state into tRa
union, legislation intended as rogu-
lation OF commerce among the states,
or with indian tribes situated within
the limits OF such new state. or regu-
latlOns touching the sole care and dis
position of the public lands or resorv-
atlons therein, which might be upheld
a. legislation within the sphere OF
the plain power of congress. But In
every such case such legislation
would derive lts force not from aay
agreement or compact with the pro-
posed new state, nor by reason ~ It's
acceptance OF such enactment as %
term OF admission, but solely because
the power OF congress extended 20
the subject, and, therefore would not
operate 10 restrict the states logisia-
tive power Of congress TO the same
eject are Pollard W.. Hagan, How.
gig. 22, 1926, 22a; FIX parte Webb, 225
4. = G63.GS3 GO0-69i
The question TO be considered, then
Is. whether the status of the Pueblo
Indians and their lands IL such that
congress competcntiy can prohibit the
introduction OF Intoxicating liquor In
To those lands notwithstanding the
admission OF New Mexico To state
hood
There are ms many az twenty IN
dian pucnlos scattered over the state,
having an aggregate population OF
over 5000. Tho lands belonging "a
tho several puohlos vary In quantity.
but usually embrace about 1900
acres. held In communal. fee simple
ownership under grants from the king
Of spain made during the spanish
sovereignty and confirmed by con-
gross since the acquisition OF that ter
ritory boy the United States. 10 stat.
SOC. q. 1903, See. n, stat 37i G.. .. AZ
respects six OF the pueblos one being
tho santa clara, adjacent public lands
have been reserved by executive or
ders for the use and occupancy OF the
lpdlans.
The people Of the pueblos, although
sedentary rather than nomadic In
their inclinatlons, ami disposed "a
peace and Industry. are nevertheless
Indians In race. customs ana domes'