Page:United States Reports, Volume 209.djvu/131

 -'- - '.... 'fx x3 c. cwn by he st[ulated facts: the defend- n;, Limeon 2iattowell, an Omaha Zndian, is an allottee of [.s raz, ted r.o ?tim on the Omaha indian Reservation, in T[_urston County, State of Nebraska, whleh allotment was made to ,him uncter the provision of the act of Congrc8 of Augus 7, 188 (2 8tat. 851), and She timg pten was iued to him in he year 1884, and the twenty-five yem' period of the [ruse limitation fixed by id ac h nos expired, and the fee title of fie 11oment o made to him i atill held by the United State; and where ' the said Omaha Indian Reservation has been allotted practically in whole, and many of the allot- merits of deceased Omaha, Indians have been sold to white people under the provisions of the act of Congress of May. 27, 1902 (32 Stat. 245, 275);' and within the original boundary limits of the Omaha Indian Reservation many tracts of land were hitherto sold under the provisions of said act to white persons, who are the sole owners thereof, and to whom the full title to such lands has passed to the purchaser, the same as if the final Patent without restriction upon alienation had been issued to the allottee; and where all of the Omh In- dians, living in the year 1884, entitled to such allotments, have received the same; and where said Owh Indian Reser- vation is within and a physical part of the organized territory of the State of Nebraska, as also the allot.ment hereinbefore referred to; and the said Omaha Indians, including the de- fendant, are citizens of the United States, and exercise the rights of citizenship, participating in the County and State governments extending over said Omaha Indian Reservation, and over the allotments aforesaid, the said defendant, Simeon Hallowell, having, on frequent occasions prior to 1905, held and exercised the office of Judge, and Justice of the Peace, and Assessor in said county, where said Omaha Indians have tken part in the State and the County government extending over the Rearration, and where the defendant is. self-sup- porting; is he liable to indictment and punishment under the act of Congre of January 30, 1897 (29 Star. 506), for intro-

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