United States v. Nice
Headline: Court upholds Congress’s power to ban sale of alcohol to Native Americans with allotted land held in trust, allowing federal prohibition during the trust period and protecting tribal wards from liquor sales.
Holding: The Court ruled that Congress may regulate and prohibit selling intoxicating liquor to Native Americans who hold allotted land under federal trust or are wards of the Government, so the 1897 law is valid.
- Validates federal ban on selling liquor to certain Native Americans.
- Allows prosecutions against sellers who sell to allottees under trust.
- Protects tribal wards during the trust period from liquor sales.
Summary
Background
A man was indicted for selling whiskey and other intoxicating liquors on August 9, 1914, in Tripp County, South Dakota, to a member of the Sioux tribe. The buyer had received an allotment of land on April 29, 1902, but the United States still held the title in trust and he was described as a ward under an Indian agent. A lower court sustained a demurrer and dismissed the indictment on the ground that the 1897 law making such sales a crime exceeded Congress’s power, and the case came to the Court on a direct appeal.
Reasoning
The Court asked two plain questions: what was the Indian’s legal status, and could Congress regulate or ban liquor sales to someone in that status? The opinion explains that Congress has an express constitutional power over commerce with Indian tribes and also a duty and power that arise from the tribes’ dependent, ward-like relationship to the federal government. The Court examined the General Allotment Act and related statutes and concluded that allotments and trust patents did not dissolve the tribal relation during the trust period. Because the national guardianship continued, Congress retained the authority to regulate and prohibit liquor sales to such allottees and wards. The Court therefore held the 1897 statute valid and overruled a prior decision to the contrary.
Real world impact
The ruling means federal criminal law can apply to sales of intoxicating liquor to Native Americans who hold allotted land while title remains in federal trust or who remain wards, allowing prosecutions that had been dismissed to proceed.
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