INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-FOURTH CONGRESS—SECOND SESSION, 1897.
CHAP. 29 | CHAP. 70 | CHAP. 109 | CHAP. 136 | CHAP. 265

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Chapter 109
Section 2

Margin Notes
Chap. 109 Intoxicants. Sale of intoxicants forbidden.
Chap. 109 to allottees, when.
Chap. 109 to Indians under agent.
Chap. 109 to Indian wards.
Chap. 109 Introduction into Indian country forbidden.
Chap. 109 “Indian country” defined.
Chap. 109 Penalty.
Chap. 109 Committed until fine paid.
Chap. 109 Authority from War Department a defense.
    1884, July 4, ch. 180, par. 4, ante, p. 31.
Sec. 2 Repeal.
    1892, July 23, ch. 234, ante, p. 63.

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Chapter 109
    Jan. 30, 1897. | 29 Stat., 506.
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An act to prohibit the sale of intoxicating drinks to Indians, providing penalties therefor, and for other purposes.c

cRevised Statutes, section 2139 is re-enacted with amendments, by 1892, July 23, chapter 234 (ante, p. 63). The above act enlarges the provisions of the act of 1892 by amplifying the definitions of the forbidden liquors and providing more specifically the classes of Indians affected. The latter portion of the first section of the above act is substantially repeated from the act of 1892. The former act contains provisions in regard to the procedure, which are apparently not affected by the above act.

As to status of Indian allottees, see 41 Fed. Rep., 705; 64 Fed. Rep., 417.

As to sale of intoxicants to Indians in Alaska see act of 1899, March 3, chapter 429, section 142 (post, p. 104).


Be it enacted, &c., That any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine,

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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 allotment of land has been made while the title to the same shall be held in trust by the Government,

or to any Indian award of the Government under charge of any Indian superintendent or agent,

or any Indian, including mixed bloods, over whom the Government, 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 by imprisonment for not less than sixty days, and by a fine of not less than one hundred dollars for the first offense and not less than two hundred dollars for each offense thereafter:

Provided however, That the person convicted shall be committed until fine and costs are paid.

But 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.

SEC. 2

That so much of the Act of the twenty-third day of July, eighteen hundred and ninety-two, as is inconsistent with the provisions of this Act is hereby repealed. [January 30, 1897.]


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