INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-FIFTH CONGRESS, THIRD SESSION, 1938
Chap. 33  | Chap. 42 | Chap. 63 | Chap. 120 | Chap. 141 | Chap. 144 | Chap. 145 | Chap. 187 | Chap. 198 | Chap. 259 | Chap. 304 | Chap. 310 | Chap. 328 | Chap. 330 | Chap. 386 | Chap. 390 | Chap. 435 | Chap. 436 | Chap. 464 | Chap. 466 | Chap. 524 | Chap. 525 | Chap. 554 | Chap. 645 | Chap. 648 | Chap. 681 | Chap. 686 | Chap. 687 | Chap. 710 | Chap. 776 | Chap. 777 | Chap. 779 | Chap. 814

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Chapter 435
June 15, 1938.  | [S. 3166.] 52 Stat., 696.

An Act To amend section 2139 of the Revised Statutes, as amended
Section 2139 | 2 | 3

Margin Notes
Chap. 435 Indian liquor laws.
R. S. § 2139; 27 Stat., 260; 29 Stat., 506. 25 U.S.C. § 241.
Sec. 2139 Intoxicating liquor. Sale, etc., to Indians prohibited.
Sec. 2139 Introduction, etc., into Indian country.
Sec. 2139 Penalty for violation.
Sec. 2139 Provisos. Commitment until fine, etc., paid. Prosecution of first offenses by information.
Sec. 2139 Authorized introduction of liquors.
Sec. 2139 Complaints; venue, etc.
Sec. 2139 Arrests. Procedure.
Sec. 2139 R.S. § 1014. 18 U.S.C. § 591.
Sec. 2 Citations hereunder deemed to apply to offenses subsequent to date of enactment.
R.S. § 2139. 29 Stat., 506, vol. 1, 83. 25 U.S.C. § 241.
Sec. 3 Existing Act repealed.
29 Stat., 506, vol. 1, 83.

Page 600

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2139 of the Revised Statutes, as amended by the Act of July 23, 1892, entitled "An Act to amend sections twenty- one hundred and thirty-nine, twenty-one hundred and forty, and twenty-one hundred and forty-one of the Revised Statutes touching the sale of intoxicants in the Indian country, and for other purposes," and as amended by the Act of January 30,1897, entitled "An Act to prohibit the sale of intoxicating drinks to Indians, providing penalties therefor, and for other purposes," is amended to read as follows:

"SEC. 2139.

Any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition or any article whatsoever, under any name, label, or brand, which produces intoxication to any Indian to whom an allotmen of land has been made while the title to the same shall be held in trust by the Government, or to any Indian who is a ward of the Government under charge of any Indian superintendent or agent, or to any Indian, including mixed bloods, over whom the Government,

Page 601

through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be punished for the first offense by imprisonment for not more than one year, and by a fine of not more than $500, and for the second offense and each offense thereafter by imprisonment for not more than five years, and by a fine of not more than $2,000: Provided, however, That the person convicted shall be committed until fine and costs are paid: And provided further, That first offenses under this section may be prosecuted by information, but no person convicted of a first offense under this section shall be sentenced to imprisonment in a penitentiary or required to perform hard labor. It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Department or any officer duly authorized thereunto by the War Department. All complaints for the arrest of any person or persons made for violation of any of the provisions of this section shall be made in the county where the offense shall have been committed, or if committed upon or within any reservation not included in any county, then in any county adjoining such reservation; but in all cases such arrests shall be made before any United States court commissioner residing in such adjoining county, or before any magistrate or judicial officer authorized by the laws of the State in which such reservation is located to issue warrants for the arrest and examination of offenders by section 1014 of the Revised Statutes as amended. And all persons so arrested shall, unless discharged upon examination, be held to answer and stand trial before the court of the United States having jurisdiction of the offense."

SEC. 2.

Section 2139 of the Revised Statutes, as amended by this Act, shall be deemed to apply to offenses committed subsequent to the date of enactment of this Act, and any reference in any other Act of Congress to the Act of January 30, 1897, insofar as it relates to offenses committed subsequent to the date of enactment of this Act, shall be deemed to be a reference to section 2139 of the Revised Statutes as amended by this Act.

SEC. 3.

The Act entitled "An Act to prohibit the sale of intoxicating drinks to Indians, providing penalties therefor, and for other purposes", approved January 30,1897, is hereby repealed.

Approved, June 15,1938.


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