256 U.S. 524 (1921), 691, United States v. Hutto, No. 1

Docket Nº:No. 691
Citation:256 U.S. 524, 41 S.Ct. 541, 65 L.Ed. 1073
Party Name:United States v. Hutto, No. 1
Case Date:June 01, 1921
Court:United States Supreme Court
 
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Page 524

256 U.S. 524 (1921)

41 S.Ct. 541, 65 L.Ed. 1073

United States

v.

Hutto, No. 1

No. 691

United States Supreme Court

June 1, 1921

Argued April 11, 1921

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF OKLAHOMA

Syllabus

1. Revised Statutes, 2078, declaring that

No person employed in Indian affair shall have any interest or concern in any trade with the Indians except for and on account of, the United States,

and subjecting the offender to a pecuniary penalty and removal from office, includes transactions with tribal Indians involving land or other property in respect of which the government has no interest or control. P. 526.

2. This section defines an offense against the United States within the meaning of Crim.Code § 37, whether it be itself punishable through a criminal prosecution or only through civil action for the penalty. P. 528.

Reversed.

The case is stated in the opinion.

Page 525

PITNEY, J., lead opinion

MR. JUSTICE PITNEY delivered the opinion of the Court.

This writ of error was brought under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, to review a judgment of the district court sustaining demurrers to an indictment under § 37, Criminal Code, charging a conspiracy to violate § 2078 Rev.Stats., and overt acts done to effect the object of the conspiracy.

Section 37 prescribes:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined,

etc.

Section 2078, Rev.Stats., reads thus:

No person employed in Indian affairs shall have any interest or concern in any trade with the Indians except for and on account of the United States, and any person offending herein shall be liable to a penalty of five thousand dollars, and shall be removed from his office.

The indictment alleges that A. Z. Hutto was a duly appointed and qualified Indian farmer for the Tonkawa Tribe of Indians, Ponca Reservation, Oklahoma, acting as such, and that, under an act of Congress and the rules and regulations promulgated by the Secretary of the Interior, it was his duty to superintend and direct farming and stock...

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