The Washington Historical Quarterly, Volume V, 1914Various
History
The Washington Historical Quarterly, Volume V, 1914
Various
Northwest, Pacific -- History -- Periodicals
These developments of the vicious conditions arising under the Dawes
Act pale into insignificance before the United States Supreme Court
decision, "In the matter of Heff," 1905. This, famous or infamous,
case arose in Kansas from the endeavor to enforce the federal law of
1897 relating to the sale of liquor to the Indians. A man named Heff,
in Kansas, was arrested, tried and convicted for selling two quarts of
beer to an Indian. He was sentenced to a fine and to a term in jail.
He had the case appealed to the United States Supreme Court, and that
body decided that if, under the Dawes Act of 1887, an Indian becomes
a citizen of the United States, he is entitled to all the rights,
privileges and immunities pertaining to such citizenship, and hence to
acquire and consume liquor at pleasure. Therefore, to that extent the
prohibitory provisions of the Act of 1897, affecting such privileges,
were declared to be null and void, and Heff was ordered to be released.
This has been the most vicious piece of legislation in the history of
Indian affairs. The worst enemy of the Indian is his overpowering love
for liquor. Congress has attempted again and again to protect him from
this weakness, and in the Act of 1897 it was thought that this trouble
was at an end with the enacting of such an ironclad law. It practically
prohibited the furnishing of liquor in any form, in any place, and
under any pretense to an Indian. The year following the Heff decision
saw an increase of the liquor traffic among the Indians of Puget Sound
undreamed of before. It spelled almost absolute ruin and prostration
for the Puyallup Indians. Other agencies report a similar striking
increase in the amount of drunkenness, crime, and death, and a marked
lowering of moral standards and civilization. Even some of the more
intelligent men of the Tulalip tribes express their sorrow over the
Heff decision and its results.
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