Page:United States Reports, Volume 209.djvu/128

 Statt f t . U.S. "'That the defendant, Simeon Hallowell, an Omh,, Indian, is and was on the first day of August, 1905, an allottee of land granted to him on the Orths Indi,m Reservation, in Thurston County, Nebraska; teat the allotment so made to him was made under the provisions of the act of Congress of August 7, 1882 (22 Star. 341); that the first or trust latent was issued to him in the year 1884, and teat the twenty-five year period of the trust limitation Bas not yet expired; and that the fee title of the allotment so made to him is still held by the United State. "'That the defendant, Simeon Hallowell, on the first of August, 1905, procured at a point outside the said reservation ons-half gallon of wskey which he took to his home, which was within the limits of the Onmh, Indian Reservation, and upon an allotment which he had inherited and which allot- ment was made under the provisions of the act of Congress, of August 7, 1882, and the title of which is held by the Govern- ment as the twenty-five year trust period has not expired. That he took She said whiskey into and upon this allotment for the purple of drinMng and using the same himself, and that he did drink said whiskey and did give some of it to his friends or visitors to drink. "' That the said Omaha Indian Reservation has been allotted practically in whole and that many of the allotments of de- ceased Omaha Indians have been oid to white people, under the provisions of the act of Congress of May 27, 1902 (32 Stat. 245, 275); that within the original boundary limits of the Omaha Indian Reservation there are many tracts of land that have been sold, under the provisions of said act, to wtdte persons who are the sole owners thereof, and that the full title to such lands has passed to the purchaser, the same as if a final patent without restriction upon alienation had been issued to the allottee. "'That all of the Omaha Indians who were living in the year 1884, and by law entitled to allotments, received them. "'That the OmaEa Indian Reservation is within and a

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