imported contrary to law, such opium or preparation or derivative thereof shall be forfeited and shall be destroyed, and the offender shall be fined in any sum not exceeding $5,000 nor less than $50 or by imprisonment for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the defendant is shown to have, or to have had, possession of such opium or preparation or derivative thereof, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant shall explain the possession to the satisfaction of the jury. [38 Stat. L. 276.] Permission of government officials to removal of opium as defense. In Jung Quey v. United States, (C. C. A. 9th Cir. 1915) 222 Fed. 766, it appeared in evidence that the quartermaster of a steamship took opium prepared for smoking purposes from his steamship while it was in a United States port, and that he did so with the permission of the government, through its duly authorized officers, for the purpose of securing evidence against the defendants who received it. The court held that this evidence did not constitute a defense to a prosecution of the defendants for a conspiracy to receive opium imported contrary to law, but could properly be considered in establishing their guilt. "SEC. 3. [Presumption - burden of proof.] burden of proof.] That on and after July first, nineteen hundred and thirteen, all smoking opium or opium prepared for smoking found within the United States shall be presumed to have been imported after the first day of April, nineteen hundred and nine, and the burden of proof shall be on the claimant or the accused to rebut such presumption. [38 Stat. L. 276.] Constitutionality.-The presumption here involved, though beyond any in revenue laws or elsewhere, appears to come within the limits of legislative power. Doubtless it goes far to prevent possession, use, and intrastate traffic in opium which are subject only to state police power; but this is only incidental to regulation of foreign commerce over which Congress has exclusive authority. This section provides for presumptions or prima facie proof of the offense, which, while sufficient to sustain a verdict of guilty, may or may not be sufficient to satisfy the jury of the guilt of the accused beyond a reasonable doubt. It is but what is commonly styled a rule of evidence and not a substantive law creat ing a new offense and does not deprive the jury of its function of weighing evidence and determining facts. Like presumptions are familiar to common and statutory law in England and this country. So too, to civil law they dictate the burden of evidence as public policy may require. Conforming to ancient procedure, when not prohibited by constitutions, legislative bodies have power to create them, and in their application is "due process of law," provided there is rational connection between the facts therefrom inferred, that the inferences are not so unreasonable as to be mere arbitrary mandates and that the party affected is free to oppose them. United States v. Yee Fing (D. C. Mont. 1915), 222 Fed. 154. That "SEC. 4. [Persons liable to penalty - evidence forfeiture.] any person subject to the jurisdiction of the United States who shall, either as principal or as accessory, receive or have in his possession, or conceal on board of or transport on any foreign or domestic vessel or other water craft or railroad car or other vehicle destined to or bound from the United States or any possession thereof, any smoking opium or opium prepared for smoking, or who, having knowledge of the presence in or on any such vessel, water craft, or vehicle of such article, shall not report the same to the principal officer thereof, shall be subject to the penalty provided in section two of this Act. Whenever on trial for violation of this section the defendant is shown to have or to have had possession of such opium, such possession shall be deemed sufficient evidence to authorize conviction, unless the defendant shall explain the possession to the satisfaction of the jury: Provided, however, That any master of a vessel or other water craft, or person in charge of a railroad car or other vehicle, shall not be liable under this section if he shall satisfy the jury that he had no knowledge and used due diligence to prevent the presence of such article in or on such vessel, water craft, car, or other vessel, and any such article shall be forfeited and shall be destroyed. [38 Stat. L. 276.] "SEC. 5. [Admission for transportation to another country prohibited.] That no smoking opium or opium prepared for smoking shall be admitted into the United States, or into any territory under the control or jurisdiction thereof, for transportation to another country, nor shall such opium be transferred or transshipped from one vessel to another vessel within any waters of the United States for immediate exportation or any other purpose. [38 Stat. L. 276.] "SEC. 6. [Exportation prohibited—regulations.] That hereafter it shall be unlawful for any person subject to the jurisdiction of the United States to export or cause to be exported from the United States, or from territory under its control or jurisdiction, or from countries in which the United States exercises extraterritorial jurisdiction, any opium or cocaine, or any salt, derivative, or preparation of opium or cocaine, to any other country: Provided, That opium or cocaine, and salts, derivatives, or preparations thereof, except smoking opium or opium prepared for smoking, the exportation of which is hereby absolutely prohibited, may be exported to countries regulating their entry under such regulations as are prescribed by such country for the importation thereof into such country, such regulations to be promulgated from time to time by the Secretary of State of the United States. "The Secretary of State shall request all foreign Governments to communicate through the diplomatic channels copies of laws and regulations promulgated in their respective countries which prohibit or regulate the importation of the aforesaid drugs, and when received advise the Secretary of the Treasury and the Secretary of Commerce thereof; whereupon the Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce shall make and publish all proper regulations for carrying the provisions of this section into effect. [38 Stat. L. 276.] "SEC. 7. [Penalty for exportation-informers.] That any person who exports or causes to be exported any of the aforesaid drugs in violation of the preceding section shall be fined in any sum not exceeding $5,000 nor less than $50 or by imprisonment for any time not exceeding two years, or both. And one-half of any fine recovered from any person or persons convicted of an offense under any section of this Act may be paid to the person or persons giving information leading to such recovery, and one-half of any bail forfeited and collected in any proceedings brought under this Act may be paid to the person or persons giving the information which led to the institution of such proceedings, if so directed by the court exercising jurisdiction in the case: Provided, That no payment for giving information shall be made to any officer or employee of the United States. [38 Stat. L. 277.] "SEC. 8. [Liability of vessel.] That whenever opium or cocaine or any preparations or derivatives thereof shall be found upon any vessel arriving at any port of the United States which is not shown upon the vessel's manifest, as is provided by sections twenty-eight hundred and six and twenty-eight hundred and seven of the Revised Statutes, such vessel shall be liable for the penalty and forfeiture prescribed in section twenty-eight hundred and nine of the Revised Statutes." [38 Stat. L. 277.] For R. S. secs. 2806, 2807 and 2809 see Fed. Stat. Annot. 646, 647. INCOME TAX. See INTERNAL REVENUE. INDIAN DEPREDATIONS. See CLAIMS. INDIANS. Act of March 27, 1914, Ch. 46, 65. Five Civilized Tribes - Drainage District - Payment of Assessments, 65. Act of August 1, 1914, Ch. 222, 66. Sec. 1. Hospitals — Isolation and Quarantine of Diseased Indians, 66. Administration of Oaths-Heirs of Deceased Indians - Wit- Appropriations for Encouraging Industry Report, 67. Five Civilized Tribes - Superintendent to be Appointed, 67. An Act To provide for drainage of Indian allotments of the Five Civilized Tribes. [Act of March 27, 1914, Ch. 46.] [Five Civilized Tribes-drainage district — payment of assessments.] That whenever a drainage district is organized in any county in the Five Civilized Tribes of the State of Oklahoma, under the laws of that State, for the purpose of draining the lands within such district, the Secretary of the Interior is authorized, in his discretion, to pay from the funds or moneys arising from any source under his control or under the control of the United States, and which would be pro rated to such allottee, the assessment for drainage purposes against any Indian allottee or upon the lands of any allottee who is not subject to taxation or whose lands are exempt from taxation or F. S. A. Supp.-5. 65 from assessment for taxation under the treaties or agreements with the tribe to which such allottee may belong, or under any Act of Congress; and such amount so paid out shall be charged against such allottee's pro rata share of any funds to his credit under the control of the Secretary of the Interior or the United States: Provided, That the Secretary of the Interior, before paying out such funds, shall designate some person with a knowledge of the subject of drainage, to review the schedules of assessment against each tract of land and to review the land assessed to ascertain whether such Indian allottee, or his lands not subject to taxation, have been assessed more than their pro rata share as compared with other lands located in said district similarly situated and deriving like benefits. And if such Indian lands have been assessed justly when compared with other assessments, then, in that event, said funds shall be paid to the proper county in which such drainage district may be organized, or, in the option of the Secretary of the Interior, to the construction company or bondholder shown to be entitled to the funds arising from such assessment: Provided further, That in any event such assessment on any Indian allotment shall not exceed $15 per acre, and no such assessment shall be made unless the Indian allottee affected, or his legal guardian, shall consent thereto: And provided further, That nothing in this Act shall be so construed as to deprive any allottee of any right which he might otherwise have individually to apply to the courts for the purpose of having his rights adjudicated. [38 Stat. L. 310.] An Act Making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and fifteen. * * [Act of Aug. 1, 1914, Ch. 222.] [SEC. 1.] [Hospitals-isolation and quarantine of diseased Indians.] That hereafter the Secretary of the Interior shall submit to Congress annually a detailed report as to all moneys expended in the erection of hospitals as provided for herein: Provided further, That whenever the Secretary of the Interior shall find any Indian afflicted with tuberculosis, trachoma, or other contagious or infectious diseases, he may, if in his judgment the health of the afflicted Indian or that of other persons require it, isolate, or quarantine such afflicted Indian in a hospital or other place for treatment. The Secretary of the Interior may employ such means as may be necessary in the isolation, or quarantine of such Indian, and it shall be the duty of such Indian so afflicted to obey any order or regulation made by the Secre tary of the Interior in carrying out this provision. [38 Stat. L. 584.] [Incarceration of Indians—report.] * * * That hereafter whenever an Indian shall be incarcerated in an agency jail, or any other place of confinement, on an Indian reservation or at an Indian school, a report or record of the offense or case shall be immediately submitted to the superintendent of the reservation or such official or officials as he may designate, and such report shall be made a part of the records of the agency office. [38 Stat. L. 586.] [Administration of oaths heirs of deceased Indians — witnesses at hear* That hereafter any officer or employee appointed or ings.] * * designated by the Secretary of the Interior or the Commissioner of Indian Affairs as special examiner in heirship cases shall be authorized to administer oaths in investigations committed to him: Provided further, That the provisions of this paragraph shall not apply to the Osage Indians, nor to the Five Civilized Tribes of Indians in Oklahoma: And provided further, That hereafter upon the determination of the heirs of a deceased Indian by the Secretary of the Interior, there shall be paid by such heirs, or from the estate of such deceased Indian, or deducted from the proceeds from the sale of the land of the deceased allottee, or from any trust funds belonging to the estate of the decedent, the sum of $15, to cover the cost of determining the heirs to the estate of the said deceased allottees; which amount shall be accounted for and paid into the Treasury of the United States and a report made annually to Congress by the Secretary of the Interior, on or before the first Monday in December, of all moneys collected and deposited, as herein provided: And provided further, That the authority delegated to judges of the United States courts by section forty-nine hundred and eight of the Revised Statutes is hereby conferred upon the Secretary of the Interior to require the attendance of witnesses at hearings, upon proper showing by any of the parties to determine the heirs of decedents, held in accordance with section one of the Act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes, page eight hundred and fifty-five), and the amendment of February fourteenth, nineteen hundred and thirteen (Thirty-seventh Statutes, page six hundred and seventy-eight), under such rules and regulations as he may prescribe. [38 Stat. L. 586.] R. S. sec. 4908 is given in 5 Fed. Stat. Annot. 501. For sec. 1 of the Act of June 25, 1910, see 1912 Supp. Fed. Stat. Annot. 96, and for the amendment of Feb. 14, 1913, see 1914 Supp. Fed. Stat. Annot. 170. * [Approprations for encouraging industry-report.] * *That hereafter the Secretary of the Interior shall submit to Congress annually on the first Monday in December a detailed report of all moneys appropriated for the purpose of encouraging industry among Indians. [38 Stat. L. 587.] [Five Civilized Tribes-superintendent to be appointed.] * * * That, effective September first, nineteen hundred and fourteen, the offices of the Commissioner of the Five Civilized Tribes and superintendent of Union Agency, in Oklahoma, be, and the same are hereby, abolished and in lieu thereof there shall be appointed by the President, by and with the advice and consent of the Senate, a superintendent for the Five Civilized Tribes, with his office located in the State of Oklahoma, at a salary of $5,000 per annum, and said superintendent shall exercise the authority and perform the duties now exercised by the Commissioner to the Five Civilized Tribes and the superintendent of the Union Agency, with authority to reorganize the department and to eliminate all unnecessary clerks, subject to the approval of the Secretary of the Interior. [38 Stat. L. 598.] * * [Five Civilized Tribes - contracts for services in relation to enrollment — interest on funds deposited - per capita payments.] * Unless the consent of the United States shall have previously been given, all contracts made with any person, or persons, now or hereafter applicants for enrollment as citizens in the Five Civilized Tribes for compensation for services in relation thereto, are hereby declared to be void and of no effect, and the collec |