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STATE v. RAFN

No. 9492.

304 P.2d 918 (1956)

The STATE of Montana ex rel. Wright HAGERTY, Fred Conway and Leona Conway, and Mrs. Brian Connelly, Plaintiffs and Respondents, The Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, Intervener and Respondent, v. J.E. RAFN, H.R. Carlson and Oakley Coffee, as the Montana Liquor Control Board, Defendants and Appellants. Margaret R. Walter and Joe H. Llewis, Intervenors and Appellants.

Supreme Court of Montana.

June 27, 1956.

Rehearing Denied January 4, 1957.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Hubert J. Massman, Asst. Atty. Gen., Mr. H.J. Luxan, Jr., Speccial Asst. Atty. Gen., for defendants and appellants. H. J. Luxan, Jr., Special Asst. Atty. Gen., argued orally.

Wesley W. Wertz and Mr. Charles V. Huppe, Helena, for intervenors and appellants Walter and Lewis. Wesley W. Wertz and Charles V. Huppe argued orally.

Loble and Loble and Gene A. Picotte, Helena, H. C. Hall, Great Falls, for plaintiffs and respondents. Henry Loble, Helena, and H. C. Hall argued orally.

Aronow & Hoyt, Shelby, Mr. Arthur Lazarus, Jr., Washington, D.C., for intervener and respondent Blackfeet Indian Treibe. Cedor B. Aronow, Shelby, argued orally.

ANDERSON, Justice.

This action was commenced in the district court to prohibit the Montana Liquor Control Board from issuing beer and liquor licenses to persons other than those who had permits from the Blackfeet Tribe to deal in liquors upon the Blackfeet Reservation in the State of Montana.

Section 1161, Title 18, U.S.C.A., and Blackfeet Tribal Ordinance No. 134-53, as well as the statutes of Montana dealing with liquor and beer licenses, and the powers...

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