4. Will not lie where petitioner remitted to remedy on writ of error.
Where the court below has remitted the petitioner to his remedy on
writ of error, it would be a contradiction to permit him to prosecute
habeas corpus. Ib.
5. Record of proceedings attacked required.
As a general rule in habeas corpus proceedings, a copy of the record of
the proceedings attacked is required, Craemer v. Washington, 168
U. S. 124, and if petitioner cannot comply with the rule by annexing
a complete copy he should comply with it so far as it is within his
power. Low Wah Suey v. Backus, 460.
The Alien Immigration Act in terms applies to all aliens. Low Wah
Suey v. Backus, 460.
2. Effect of act of 1907 as unconstitutional denial of rights.
The act of 1907 is not unconstitutional as denying one held for de-
portation of his liberty without due process of law because it does
not give the immigration officers power to compel his witnesses to
appear. Ib.
3. Exclusion and expulsion of aliens; power of Congress as to.
Congress may pass laws forbidding aliens or classes of aliens from com-
ing within the United States and may provide for their expulsion;
it may also devolve upon the executive department or subordinate
officers the right and duty of carrying out the law. (Wong Wing v.
United States, 163 U. S. 228.) Ib.
4. Exclusion after naturalization.
An alien who has become a citizen of one of the States, can be ex-
cluded under the Alien Immigration Act if within a class prohibited
to enter. Ib.
5. Deportation of prostitutes; effect of naturalization by marriage.
The object of the provisions of the Alien Immigration Acts of 1907 and
1910, providing for deportation of prostitutes, was to prevent the
introduction and keeping in this country of women of the pro-
hibited class; and even if a woman married to a citizen might be
permitted to enter if she does not belong to that class, if she is
found violating the statute by being in a house of prostitution she
becomes subject to the deportation provisions thereof, notwith-
standing her marriage to a citizen. Ib.
6. Deportation; hearing on proceeding for; finality of order of executive
officers.
Hearing on proceedings for deporting aliens before executive officers
may be made conclusive when fairly conducted. One attacking
such proceedings in the courts must show that the officers con-
ducting them were manifestly unfair and abused the discretion
committed to them. Otherwise the order of executive officers
within the authority of the statute is final. Ib.
7. Deportation proceedings; right of alien to counsel.
A preliminary examination of an alien without counsel is permitted by
the statute; and if at subsequent stages of the proceedings the
alien has counsel there is no denial of right. Ib.
8. Deportation proceedings; witnesses; process not available to compel
attendance.
The Alien Immigration Acts of 1907 and 1910 do not give authority
to the Commissioner or Secretary to issue process to compel attend-
ance of witnesses on behalf of the alien held for deportation. The
alien is not denied rights if the witnesses produced on his behalf
are heard. Ib.
IMMOBILIZATION OF PROPERTY.
See LOCAL LAW (PORTO RICO).
INCORPORATION.
See FEDERAL QUESTION, 2.
1. Cession of territory by; qualification of, as to introduction of intoxicating
liquors.
A cession by Indians may be qualified by a stipulation in the treaty
that the ceded territory, although within the boundaries of a State,
VOL. CCXXV-48
shall retain its original status of Indian country so far as the intro-
duction therein of liquor is concerned. Clairmont v. United States,
551.
2. Cherokee Nation; res judicata of question of right to prosecute claim
against United States.
In rendering a judgment for the Cherokee Nation in its suit against
the United States, on the item claimed by, and over the objection
of, the Eastern Cherokees, the Court of Claims recognized the
Nation as the titular claimant authorized to prosecute the item
to recovery, although for the ultimate benefit of the Eastern
Cherokees, and this court having affirmed the judgment, 202 U. S.
1, the question has been adjudicated. Eastern Cherokees v. United
States, 572.
3. Claims of; right of attorneys to fees.
Under the decree of the Court of Claims as affirmed by this court the
attorneys for the Cherokee Nation are entitled to be paid their fees
on the amount of the recovery including the items recovered in the
name of the Nation for the Eastern Cherokees. Ib.
4. Five Civilized Tribes as wards of Nation.
Although the Five Civilized Tribes have long been treated more
liberally than other Indians, they remain none the less the wards
of the Nation and in all respects subject to its control. Ex parte
Webb, 663.
5. Intoxicating liquors; effect of act of 1897 to repeal that of 1892.
The act of January 30, 1897, 29 Stat. 506, c. 109, in regard to sale of
liquor to the Indians and introduction of liquor into Indian
country, repealed, as far as inconsistent therewith, the act of
July 23, 1892, 27 Stat. 260, c. 234. Clairmont v. United States, 551.
6. Intoxicating liquors; what constitutes Indian country within meaning
of act of 1897.
An indictment under the act of January 30, 1897, for introducing
liquor into Indian country cannot be sustained if the offense al-
leged was committed on land within a State and which had been
completely withdrawn from the reservation, and the Indian title
thereto surrendered so as not then to be Indian country. Under
such circumstances the District Court of the United States has
no jurisdiction. Ib.
7. Intoxicating liquors; Indian country; what constitutes.
The title to that part of the Flathead Reservation in Montana included
within the right of way of the Northern Pacific Railway Company,
has been completely withdrawn from the Reservation and the
Indian title thereto extinguished and therefore is no longer
Indian country within the meaning of the act of January 30, 1897.
Ib.
S. Intoxicating liquors; effect of Oklahoma Enabling Act of 1906 to repeal
law of 1895 prohibiting introduction and sale of liquor in Indian
country.
The Oklahoma Enabling Act of June 16, 1906, 34 Stat. 267, c. 3335,
followed by the adoption of the constitution therein described, and
the admission of the new State, had the effect of remitting to the
state government the enforcement of the laws relating to the manu-
facture and sale of liquor within the State; and, so far as it covered
the same field as the prior law of 1895 prohibiting introduction and
sale of liquor in Indian country, the latter was by implication
repealed. Ex parte Webb, 663.
9. Intoxicating liquors; Oklahoma Enabling Act; intention of Congress in.
While the Oklahoma Enabling Act may have by implication repealed
the act of 1895 in part, it was not the intention of Congress to re-
peal that act in respect to the introduction of liquor from other
States or Territories. Ib.
Congress has for many years consistently pursued the policy of for-
bidding sales of liquor to Indians and of excluding liquor from
territory occupied by them, and the Oklahoma Enabling Act was
framed with a clear intent that while the State should control the
liquor traffic within its own borders the United States should
exercise its appropriate powers to prevent such traffic within the
Indian Territory originating beyond the borders of the State. Ib.
It is unreasonable to suppose that Congress would wipe out all its laws
and regulations regarding the liquor traffic with Indians including
those established by treaties, and impose upon future Congresses
the labor and difficulty of establishing new legislation upon that
subject. Ib
12. Intoxicating liquors; conformity of provisions of Oklahoma Enabling
Act with treaties and agreements with Indians.
Reviewing the treaties and agreements with the several tribes occupy-
ing the Indian Territory within that State, it appears that the
provisions of the Oklahoma Enabling Act in regard to liquor traffic
with Indians originating beyond the State were enacted with the
purpose of fulfilling the spirit and letter of those treaties and
agreements. Ib.
13. Intoxicating liquors; effect of Oklahoma Enabling Act to repeal prior
law.
The argument that the act of 1895 must have been repealed by the
Oklahoma Enabling Act to the extent that the latter permitted the
introduction of liquor into the State for the needs of the state
agencies for distribution of liquor, is an argument ab inconvenienti
and is without force so far as the introduction of liquor by an in-
dividual is concerned. Ib.
14. Intoxicating liquors; effect of Oklahoma Enabling Act to repeal legis-
lation relative to; jurisdiction to punish one introducing liquor into
Indian country.
The Oklahoma Enabling Act did not repeal the act of 1895, so far as it
pertains to the carrying of liquor from without the new State into
that part of it which was Indian Territory (except that brought in
by the State for use of state agencies) and the United States Dis-
trict Court for the District of Oklahoma has jurisdiction to punish
an offender against the act of 1895 in that respect. Ib.
15. Lands of; title of Union Pacific to right of way across lands in Kansas
within Delaware Diminished Indian Reservation.
Under § 2 of the act of July 1, 1862, 12 Stat. 489, c. 120, and other pro-
visions of that act, the predecessor in title of the Union Pacific
Railroad Company acquired a right of way four hundred feet in
width across the lands in Kansas, within the Delaware Diminished
Indian Reservation, those lands having been assigned in severalty
to individual Delawares under the treaty of May 30, 1860, 12 Stat.
1129, providing for such right of way. Kindred v. Union Pacific
R. R. Co., 582.
16. Lands of; right of individual Delaware Indians; quære as to.
Quare. Whether the individual Delaware Indians, to whom the lands
were assigned under the treaty of 1860, obtained a better or dif-
ferent right in them than the tribe had in the lands in common. Ib.
17. Lands of; extinguishment of title; compensation to Indians; quære as
Quare. Whether under § 2 of the act of July, 1862, the United States,
in extinguishing the Indian title to lands through which the rail-
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