INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE EIGHTIETH CONGRESS, SECOND SESSION, 1948
Chap. 3 | Chap. 44 | Chap. 45 | Chap. 46 | Chap. 68 | Chap. 72 | Chap. 73 | Chap. 74 | Chap. 75 | Chap. 82 | Chap. 108 | Chap. 120 | Chap. 142 | Chap. 160 | Chap. 167 | Chap. 185 | Chap. 219 | Chap. 237 | Chap. 238 | Chap. 244 | Chap. 258 | Chap. 266 | Chap. 270 | Chap. 293 | Chap. 325 | Chap. 326 | Chap. 340 | Chap. 400 | Chap. 516 | Chap. 591 | Chap. 618 | Chap. 645 | Chap. 646 | Chap. 658 | Chap. 732 | Chap. 754 | Chap. 759 | Chap. 765 | Chap. 767 | Chap. 771 | Chap. 790 | Chap. 793 | Chap. 809 | Chap. 812 | Chap. 822

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Chapter 645
June 25, 1948 [H.R. 3190] |  [Public Law 772] 62 Stat. 683

AN ACT
To revise, codify, and enact into positive law, Title 18 of the United States Code, entitled “Crimes and Criminal Procedure”.

Margin Notes
Chap. 645 Title 18, U.S. Code. Codification and enactment into positive law.
Chap. 645 702
Chap. 645 703
Chap. 645 704
Chap. 645 757
Chap. 645 758
Chap. 645 759
Chap. 645 760
Chap. 645 787
Chap. 645 788
Chap. 645 813
Chap. 645 815
Chap. 645 817
Chap. 645 818
Chap. 645 819
Chap. 645 820
Chap. 645 Ante, pp. 758, 759.
Chap. 645 Ante, pp. 758. 759.
Chap. 645 826
Chap. 645 827
Chap. 645 832
Chap. 645 834
Chap. 645 859
Chap. 645 Five Civilized Tribes. Nonencumbrance of certain land.
Chap. 645 Use of interest.
Chap. 645 36 Stat. 1058.
Chap. 645 862
Repeals.
Chap. 645 866
Chap. 645 867

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Title 18 of the United States Code, entitled "Crimes and Criminal Procedure", is hereby revised, codified, and enacted into positive law, and may be cited as "Title 18, U.S.C., §—", as follows:

TITLE 18—CRIMES AND CRIMINAL PROCEDURE
Part I—Crimes
CHAPTER 23—CONTRACTS

§ 437. INDIAN CONTRACTS FOR GOODS AND SUPPLIES

Whoever, being an officer, employee, or agent of the United States or any department or agency thereof, has any interest, direct or indirect, in any contract made or under negotiation, with the Government or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians, or colludes with any person attempting to obtain such contract, shall be fined not more than $5,000 or imprisoned not more than six months, or both; and removed from office.

§ 438. INDIAN CONTRACTS FOR SERVICES GENERALLY

Whoever receives money contrary to sections 81 and 82 of Title 25, shall be fined not more than $1,000 or imprisoned not more than six months, or both; and also forfeit the money so received.

§ 439. INDIAN ENROLLMENT CONTRACTS

Unless the United States consents, all contracts made with any person or persons, applicants for enrollment as citizens in the Five Civilized Tribes for compensation for services in relation thereto, shall be void, and—

Whoever collects or receives any moneys from any such applicants for citizenship, shall be fined not more than $500 or imprisoned not more than six months, or both.

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CHAPTER 53—INDIANS

Sec.  
1151 Indian country defined.
1152 Laws governing.
1153 Offenses committed within Indian country.
1154 Intoxicants dispensed in Indian country.
1155 Intoxicants dispensed on school site.
1156 Intoxicants possessed unlawfully.
1157 Livestock sold or removed.
1158 Counterfeiting Indian Arts and Crafts Board trade-mark.
1159 Misrepresentation in sale of products.
1160 Property damaged in committing offense.

§ 1151.  INDIAN COUNTRY DEFINED

The term "Indian country", as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

§ 1152.  LAWS GOVERNING

Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country.

This section shall not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively.

§ 1153.  OFFENSES COMMITTED WITHIN INDIAN COUNTRY

Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, rape, incest, assault with intent to kill, assault with a dangerous weapon, arson, burglary, robbery, and larceny within the Indian country, shall be subject to the same laws and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.

Any Indian who commits the offense of rape upon any female Indian within the Indian country, shall be imprisoned at the discretion of the court.

As used in this section the offenses of burglary and rape shall be defined and punished in accordance with the laws of the State in which such offenses were committed.

§ 1154.  INTOXICANTS DISPENSED IN INDIAN COUNTRY

(a) Whoever sells, gives away, disposes of, exchanges, or barters any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, except for scientific, sacramental, medicinal or mechanical purposes, 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 allotment 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 to any Indian, including

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mixed bloods, over whom the Government, through its departments, exercises guardianship, and whoever introduces or attempts 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, shall, for the first offense, be fined not more than $500 or imprisoned not more than one year, or both; and, for each subsequent offense, be fined not more than $2,000 or imprisoned not more than five years, or both.

(b) 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, but this subsection shall not bar the prosecution of any officer, soldier, sutler or store-keeper, attache, or employee of the Army of the United States who barters, donates, or furnishes in any manner whatsoever liquors, beer, or any intoxicating beverage whatsoever to any Indian.

§ 1155.  INTOXICANTS DISPENSED ON SCHOOL SITE

Whoever, on any tract of land in the former Indian country upon which is located any Indian school maintained by or under the supervision of the United States, manufactures, sells, gives away, or in any manner, or by any means furnishes to anyone, either for himself or another, any vinous, malt, or fermented liquors, or any other intoxicating drinks of any kind whatsoever, except for scientific, sacramental, medicinal or mechanical purposes, whether medicated or not, or who carries, or in any manner has carried, into such area any such liquors or drinks, or who shall be interested in such manufacture, sale, giving away, furnishing to anyone, or carrying into such area any of such liquors or drinks, shall be fined not more than $500 or imprisoned not more than five years, or both.

§ 1156.  INTOXICANTS POSSESSED UNLAWFULLY

Whoever, except for scientific, sacramental, medicinal or mechanical purposes, possesses intoxicating liquors in the Indian country or where the introduction is prohibited by treaty or an Act of Congress, shall, for the first offense, be fined not more than $500 or imprisoned not more than one year, or both; and, for each subsequent offense, be fined nor more than $2,000 or imprisoned not more than five years, or both.

§ 1157.  LIVESTOCK SOLD OR REMOVED

Where restricted Indians are in possession or control of livestock purchased for or issued to them by the Government, or the increase therefrom, such stock shall not be sold, transferred, mortgaged, or otherwise disposed of, except with the consent in writing of the superintendent or other officer in charge of the tribe to which the owner or possessor of the livestock belongs, and all transactions in violation of this provision shall be void.

All such livestock so purchased or issued and the increase therefrom belonging to restricted Indians and grazed in the Indian country shall be branded with the I D or reservation brand of the jurisdiction to which the owners of such stock belong, and shall not be removed from the Indian country except with the consent in writing of the superintendent or other officer in charge of the tribe to which the owner or possessor of such livestock belongs, or by order of the Secretary of War, in connection with the movement of troops.

Whoever violates this section by selling or otherwise disposing of such stock, purchasing, or otherwise acquiring an interest therein, or by removing such stock from the Indian country, shall be fined not more than $500 or imprisoned not more than six months, or both.

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§ 1158.  COUNTERFEITING INDIAN ARTS AND CRAFTS BOARD TRADE-MARK

Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Department of the Interior as provided in section 305a of Title 25, or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, willfully, and corruptly affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products; or

Whoever knowingly makes any false statement for the purpose of obtaining the use of any such Government trade mark—

Shall be fined not more than $500 or imprisoned not more than six months, or both; and shall be enjoined from further carrying on the act or acts complained of.

§ 1159.  MISREPRESENTATION IN SALE OF PRODUCTS

Whoever willfully offers or displays for sale any goods, with or without any Government trade mark, as Indian products or Indian products of a particular Indian tribe or group, resident within the United States or the Territory of Alaska, when such person knows such goods are not Indian products or are not Indian products of the particular Indian tribe or group, shall be fined not more than $500 or imprisoned not more than six months, or both.

§ 1160.  PROPERTY DAMAGED IN COMMITTING OFFENSE

Whenever a white person, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment of conviction shall include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed.

If such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the Treasury of the United States. If such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the Treasury. But no Indian shall be entitled to any payment out of the Treasury of the United States; for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence.

CHAPTER 91.—PUBLIC LANDS

§ 1853.  TREES CUT OR INJURED

Whoever unlawfully cuts, or wantonly injures or destroys any tree growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or 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 fined not more than $1,000 or imprisoned not more than one year, or both.

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§ 1855.  TIMBER SET AFIRE

Whoever, willfully and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon 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 fined not more than $5,000 or imprisoned not more than five years, or both.

This section shall not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment.

§ 1856.  FIRES LEFT UNATTENDED AND UNEXTINGUISHED

Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other inflammable material upon any lands owned, controlled or leased by, or under the partial, concurrent, or exclusive jurisdiction of the United States, including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, and including any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under the authority of the United States, or any Indian allotment while the title to the same is held in trust by the United States, or while the same shall remain inalienable by the allottee without the consent of the United States, leaves said fire without totally extinguishing the same, or permits or suffers said fire to burn or spread beyond his control, or leaves or suffers said fire to burn unattended, shall be fined not more than $500 or imprisoned not more than six months, or both.

PART II
CRIMINAL PROCEDURE
CHAPTER 203.—ARREST AND COMMITMENT

§ 3055.  OFFICERS' POWERS TO SUPPRESS INDIAN LIQUOR TRAFFIC

The chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose appointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior may execute all warrants of arrest and other lawful precepts issued under the authority of the United States and in the execution of his duty he may command all necessary assistance.

CHAPTER 205.—SEARCHES AND SEIZURES

§ 3113.  LIQUOR VIOLATIONS IN INDIAN COUNTRY

If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause

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to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections 1154 and 1156 of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched. If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit.

Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the War Department.

In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be competent witnesses.

CHAPTER 211.—JURISDICTION AND VENUE

§ 3242.  INDIANS COMMITTING CERTAIN OFFENSES; ACTS ON RESERVATIONS

All Indians committing any of the following offenses, namely, murder, manslaughter, rape, incest, assault with intent to kill, assault with a dangerous weapon, arson, burglary, robbery, and larceny on and within any Indian reservation, including rights-of-way running through the reservation, shall be tried in the same courts, and in the same manner, as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States.

CHAPTER 223.—WITNESSES AND EVIDENCE

§ 3488.  INTOXICATING LIQUOR IN INDIAN COUNTRY AS EVIDENCE OF UNLAWFUL INTRODUCTION

The possession by a person of intoxicating liquors in Indian country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful introduction.

SEC. 3.

The fourteenth paragraph of section 17 of the Act of August 1, 1914 (chapter 222, 38 Stat. 601; 25 U.S.C., section 86), is amended to read as follows:

"Land allotted to any applicant for enrollment as a citizen in the Five Civilized Tribes whether an Indian or freedman, shall not be affected or encumbered by any deed, debt, or obligation of any character contracted prior to the time at which said land may be alienated under the laws of the United States: Provided further, That the interest accruing from tribal funds and deposited in banks in the State of Oklahoma may be used as authorized by the Act of March third, nineteen hundred and eleven, under the direction of the Secretary of the Interior, to defray the expense of per capita payments authorized by Congress."

SEC. 21.

The sections or parts thereof of the Revised Statutes or Statutes at Large enumerated in the following schedule are hereby

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repealed. Any rights or liabilities now existing under such sections or parts thereof shall not be affected by this repeal.

Date Statutes at Large
Chapter

Section

Volume

Page
U.S. Code
Title

Section
1930—May 27
———Do
310 1-5, 6-8 46 391, 392 18 744a-744e,
746a-746h
1940—June 8 276 54 249 25 217a
—June 11 323 54 304 18 451
—June 13 359 54 391 18 253
—Oct. 9
—Do
785 1-5 54 1058, 1059 18 576, 576a-576d
1941—Nov. 15 472 1, 2 55 763, 764 18 106, 107

Approved, June 25, 1948.


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