Mahlon Pitney

“ All of these considerations were presumably in the mind of Congress when it passed the enabling act, and they are inconsistent with any tacit purpose to repeal the acts of 1892 and 1897. The liquor prohibition, so far as it concerns the Indians, has always been deemed one of the peculiar responsibilities of the government at Washington, and it may easily be believed that Congress felt reluctant to delegate the subject-matter wholly to the state government that was about to be established in the Indian territory ”

“ Next in chronological order was the act of March 1, 1895 (chap. 145, 28 Stat. at L. 693) , the title of which is-'An Act to Provide for the Appointment of Additional Judges of the United States Court in the Indian Territory, and for Other Purposes.' Section 8 (set forth 225 U.S. 672) provides inter alia, that any person carrying into the territory any vinous, malt, or fermented liquors or other intoxicating drinks, shall upon conviction be punished by fine not exceeding $500 and by imprisonment for not less than one month nor more than five years. ”

“ We deem it unreasonable to suppose that Congress, possessing the constitutional power and recognizing the moral duty to make laws and regulations respecting the Indians, and having already established laws and regulations of this character applicable in the territory, including some that were established by treaties and agreements, should resolve to wipe them out, and thereby impose upon future Congresses the labor and difficulty of establishing other proper laws and regulations in their stead. ”

“ The amendment of 1892 (set forth in 225 U.S. 671) extended the prohibition to include ale, beer, and intoxicating liquors of any kind, as well as ardent spirts and wine, and added a clause fixing the venue for complaints, arrests, and trials, including a special provision that complaints for offenses committed in the Indian territory should be made before the United States court commissioner, or commissioner of the circuit court of the United States, residing nearest the place where the offense was committed. The penalty under this act, as under § 2139, Rev. ”

“ United States, 224 U.S. 448, 56 L. ed. 834, 32 Sup. Ct. Rep. 494; Goat v. United States, 224 U.S. 458, 56 L. ed. 841, 32 Sup. Ct. Rep. 541; Deming Invest. Co. v. United States, 224 U.S. 471, 56 L. ed. ”