Page:United States Reports, Volume 209.djvu/129

 .09 U. $. Statement of the Ca.  iysicai part of the organized territory of the State of Ne-
 * raska, as are also the allotments herein referred to, into and

�pen which the said defendant took said wlfiskey. That the Omaha Indians exercise the fights of citizenship, and partici- ?ate in the County and State government extending over the
 * ad Omaha Indian Reservation, and over and upon the allot-

mnts herein referred to. That the defendant, Simeon Hal- lw11, has been on frequent occasions a Judge and Clerk of election, a Justice of the Peace, an Aessor, and a Director Ji the public school district in which he lives. That Omaha ment, extending over the reservation, and have held the fol- lowing offices in said County of Thurston, State of Nebraska: County Coroner, County Attorney, County Judge, Justice of the Peace, Constable, Road Overseer, Election officers, and have also served as jurors in the county and district courts. De- fendant is self-supporting as are most of said Indians. Some of them are engaged in business and most of them engaged in [arming.' "Over the defendant's objection that the matters recited in the agreed statement did not constitute or show an offense against laws of the United States, the court instructed the jury that, if the matters so recited were true, the defendant was guilty of the offense charged. The defendant reserved an exception to this ruling. The jury found him guilty. "And the Circuit Court of Appeals for the Eighth Circuit further certifies that the following questions of law are pre- sented to it in said cause; that their decision is indispensable to a decision of the cause, and that to the end that such court may properly decide the issues of law so presented, it desires the instruction of the Supreme Court of the United States upon such question, to wit. "1. After the allotment in sev.eralty to the Omaha Indians of practically all of the lands in the Om,uS, Indian Reserva- .tion in the State of Nebraska and the issuance to the several allottees o( the first or trust patents, under the act of Augus 7,

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