Page:United States Statutes at Large Volume 52.djvu/738

 52 STAT.] 75TH CONG. , 3D SESS.-CHS. 435, 436 -JUNE 15, 1938 of the Government under charge of any Indian superintendent or agent, or to any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be punished for the first offense by imprisonment for not more than one year, and by a fine of not more than $500, and for the second offense and each offense thereafter by imprisonment for not more than five years, and by a fine of not more than $2,000: Provided, however, That the person convicted shall be committed until fine and costs are paid: And provided further, That first offenses under this section may be prosecuted by informa- tion, but no person convicted of a first offense under this section shall be sentenced to imprisonment in a penitentiary or required to perform hard labor. It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Depart- ment or any officer duly authorized thereunto by the War Department. All complaints for the arrest of any person or persons made for violation of any of the provisions of this section shall be made in the county where the offense shall have been committed, or if com- mitted upon or within any reservation not included in any county, then in any county adjoining such reservation; but in all cases such arrests shall be made before any United States court commissioner residing in such adjoining county, or before any magistrate or judicial officer authorized by the laws of the State in which such reservation is located to issue warrants for the arrest and examina- tion of offenders by section 1014 of the Revised Statutes as amended. And all persons so arrested shall, unless discharged upon examina- tion, be held to answer and stand trial before the court of the United States having jurisdiction of the offense." SEC. 2. Section 2139 of the Revised Statutes, as amended by this Act, shall be deemed to apply to offenses committed subsequent to the date of enactment of this Act, and any reference in any other Act of Congress to the Act of January 30, 1897, insofar as it relates to offenses committed subsequent to the date of enactment of this Act shall be deemed to be a reference to section 2139 of the Revised Statutes as amended by this Act. SEC. 3. The Act entitled "An Act to prohibit the sale of intoxicat- ing drinks to Indians, providing penalties therefor, and for other purposes", approved January 30, 1897, is hereby repealed. Approved, June 15, 1938. [CHAPTER 436] AN ACT To divide the funds of the Chippewa Indians of Minnesota between the Red Lake Band and the remainder of the Chippewa Indians of Minnesota, organized as the Minnesota Chippewa Tribe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to determine, as of the close of the fiscal year next succeeeding1 the date of the passage of So in original. 697 Introduction, etc., into Indian country. Penalty for viola- tion. Provisos. Commitment until fine, etc., paid. Prosecution of first offenses by informa- tion. Authorized intro- duction of liquors. Complaints; venue, etc. Arrests. Procedure. R. 8 . §1014. 18 U.S. C. 5691. Citations hereunder deemed to apply to offenses subsequent to date of enactment. R. S. § 2130. 29 Stat. 506. 25 U.S.C. 241. Existing Act re- pealed. 29 Stat. 506. June 15, 1938 [H. R. 4544] [Public, No. 632] Chippewa Indians of Minnesota. Determination of total sum in Treasury to credit of, directed.

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