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|
Argued April 11, 1921
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF OKLAHOMA
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.
The case is stated in the opinion.
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,
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...
To continue readingFREE SIGN UP