“ As to this the court said (p. 486) :
'As the power is incident only to the presence of the Indians and their status as wards of the government, it must be conceded that it does not go beyond what is reasonably essential to their protection, and that, to be effective, its exercise must not be purely arbitrary, but founded upon some reasonable basis. Thus, a prohibition like that now before us, if covering an entire state when there were only a few Indian wards in a single county, undoubtedly would be condemned as arbitrary. ”

“ The argument for treating the restriction of 1855 as no longer in force rests not upon any denial of the fact that there are some thousands of Indians at the White Earth and Leech Lake Agencies, who are still more or less under the guardianship of the government, and for whose protection the liquor restriction ought to be maintained, but rather upon the fact that these Indians are surrounded by territory in which liquor is lawfully obtainable. In support of this, it is said that the former Mississippi reservations ceded to the United states in 1865 are unrestricted territory ”

“ That it is within the constitutional power of Congress to prohibit the manufacture, introduction, or sale of intoxicants upon Indian lands, including not only lands reserved for their special occupancy, but also lands outside of the reservations, to which they may naturally resort, and that this may be done even with respect to lands lying within the bounds of a state, are propositions so thoroughly established, and upon grounds so recently discussed, that we need merely cite the cases. ”