United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hallowell v. United States, 221 U.S. 317 (1911)

Hallowell v. United States

No. 89

Argued March 16, 1911

Decided May 15, 1911

221 U.S. 317

Syllabus

The power of the United States to make rules and regulations respecting tribal lands, the title to which it has not parted with, although allotted, is ample. Tiger v. Western Investment Co., ante, p. 221 U. S. 286.

The mere fact that citizenship has been conferred on allottee Indians does not necessarily end the right or duty of the United States to pass laws in their interest as a dependent people, and so held that the prohibitions of the Act of January 30, 1897, c. 109, 29 Stat. 506, against introduction of liquor into Indian country, are within the power of Congress.

When, under the Act of August 7, 1882, c. 434, 22 Stat. 341, an allotment in severalty has been made to a tribal Indian out of lands in a tribal reservation in the Nebraska, and a trust patent therefor has been issued to the allottee, and when the provisions of § 7 of that act and of § 7 of the Act of February 8, 1887, c. 119, 24 Stat. 388, have been effective as to such allottee, the fact that the United States holds the lands so allotted in trust for the allottee, or, in case of his decease, for his heirs, as provided in § 6 of the said act of 1882, enables, authorizes, and permits the United States to regulate and prohibit the introduction of intoxicating liquors upon

Page 221 U. S. 318

such allotment during the limited period for which the land so allotted is so held in trust by the United States.

The facts, which involve the authority of Congress to regulate the introduction of liquor into lands of allottee Indians and the construction of provisions of the Acts of August 7, 1882, and February 8, 1887, in regard to Indian allotments, and of the Act of January 30, 1897, in regard to introduction of liquor into Indian country, are stated in the opinion.