Louis Brandeis

“ The Act of January 30, 1897, c. 109 (29 Stat. 506) , [1] makes it a criminal offense to introduce intoxicating liquors 'into the Indian country.' For violating that law, Soldana and Herrera were indicted in the District Court of the United States for the District of Montana. The indictment charged that the liquor was introduced 'within the exterior boundaries of the Crow Indian Reservation' in that state, but upon 'the station platform of the Chicago, Burlington & Quincy Railway Company, at the town of Crow Agency' upon the right of way of said railroad. ”

“ Whether these acts should be held to have granted a mere easement or a limited fee or some other limited interest in the land (New Mexico v. United States Trust Co., 172 U.S. 171, 19 Sup. Ct. 128, 43 L. Ed. 407; Northern Pacific Railway v. Townsend, 190 U.S. 267, 23 Sup. Ct. 671, 47 L. Ed. 1044; Rio Grande Western Railway v. Stringham, 239 U.S. 44, 36 Sup. Ct. 5, 60 L. Ed. 136) , it is clear that it was not the purpose of Congress to extinguish the title of the Indians in the land comprised within the right of way. ”