In re Lincoln

The petitioner was convicted in the district court for the district of Nebraska on an indictment charging that he did 'wrongfully and unlawfully introduce into Indian country, to wit, into and upon the Winnebago Indian reservation, a reservation set apart for the exclusive use and benefit of certain tribes of the Winnebago Indians, certain spirituous, vinous, malt, and other intoxicating liquors.

Upon this conviction he was sentenced to pay a fine of $100 and the costs of prosecution, and to be imprisoned in the jail of Douglas county, Nebraska, for the term of sixty days, and until said fine and costs were paid. The imprisonment commenced on February 19, 1906. Without pursuing his remedy by writ of error, the petitioner, on April 2, 1906, filed in this court his application for a writ of habeas corpus, alleging that the United States has no police power or Jurisdiction over the Winnebago reservation, and that the law under which the indictment was drawn is unconstitutional and void in so far as it applies to the said Winnebago reservation, and that the United States district court was wholly without jurisdiction in the premises. The indictment was found under the act of Congress of January 30, 1897. 29 Stat. at L. 506, chap. 109. April 30, 1906, the case was submitted on petition, return, and a stipulation of facts.

Messrs. Thomas L. Sloan and Williamson S. Summers for petitioner.

Solicitor General Hoyt for respondent.

Statement by Mr. Justice Brewer:

Mr. Justice Brewer delivered the opinion of the court: