A Sale In Horton

A man was convicted in federal court of unlawfully selling liquor to an Indian and sentenced to four months in jail and a $200 fine. The sale took place in a Kansas town. The buyer was a Kickapoo man who had received an individual allotment of tribal land under the federal allotment law, which also made him a United States citizen. The prosecution argued that Congress's power over Indian affairs let it protect Indians from liquor whatever their citizenship. The defence argued that once the buyer became a citizen living under state law, he was outside Congress's police power, so the federal court had no jurisdiction over the sale.