Chapter 109. To prohibit the sale of intoxicating drinks to Indians, providing penalties therefor, and for other purposes
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CHAP. 109.— An Act To prohibit the sale of intoxicating drinks to Indians, providing penalties therefor, and for other purposes. January 30, 1897. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That any person who shall Indians. Sale, etc., of intoxicating drinks to, prohibited. R. S., sec. 2139, p. 373, amended.sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian a ward of the Government under charge of any Indian superintendent or agent, or 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 Penalty.by the allottee without the consent of the United States, shall be punished by imprisonment for not less than sixty days, and by a tine of not less than one hundred dollars for the first offense and not less than *Proviso.* Imprisonment for fine, etc.two hundred dollars for each offense thereafter: *Provided however,* That the person convicted shall be committed until fine and costs are 507paid.
But it shall be a sufficient defense to any charge of introducing Authorized introduction of liquors.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 Department or any officer duly authorized thereunto by the War Department. Sec. 2. That so much of the Act of the twenty-third day of July, Repeal Vol. 27, p. 260.eighteen hundred and ninety-two, as is inconsistent with the provisions of this Act is hereby repealed.
Approved, January 30, 1897.