by John Marshall Harlan, In re Mills — Opinion of the Court
“ Shall the act of congress be so interpreted as to exclude from the jurisdiction of the court established in the Indian Territory an offense which the statute imperatively requires to be punished by imprisonment at hard labor, and include within its jurisdiction offenses for which the court, in its discretion, may sentence the accused to imprisonment in a penitentiary whose rules require hard labor upon the part of its inmates? ”
by John Marshall Harlan, In re Mills — Opinion of the Court
“ Assuming that the penitentiary at Columbus, Ohio, has been designated as one in which a judgment of the court below, sentencing to imprisonment a person found guilty of an offense against the United States, may be executed, whenever the sentence is one that may be ordered to be executed in a state-prison or penitentiary, we are of opinion that the sentences under which the petitioner was committed to that institution are not of that class. ”
by John Marshall Harlan, In re Mills — Opinion of the Court
“ Every person * * * who sells, exchanges, gives, barters, or disposes of any spirituous liquor or wine to any Indian under the charge of any Indian superintendent or agent, or introduces or attempts to introduce any spirituous liquor or wine into the Indian country, shall be punishable by imprisonment for not more than two years, and by a fine of not more than three hundred dollars.' 19 St. ”
