Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-11-23
ABOUT CATTLE LEASES.
The Indian Commissioners S
Views on the Subject.

1t is not the purpose of this re-
port to make a statement of the
amounts of the various kinds of
revenues collected by the agent,
but to discuss briefly the
questions that have arisen in
connection with the legality of the
taxes imposed under the various
laws. At first there was a disposi-
tion on the part of some parties
liable to certain taxes to contest
the right of the agent to collect
them under the belief that all laws
of the various nations were re-
pealed by the Curtis act, and that,
consequently, the laws imposing
taxes such as permit, licensed
trader, cattle, and other taxes
no longer in force. The question,
however, was carefully considered
by the department, and the con-
clusion was reached that no laws
of the nations were repealed ex-
cept those that were in direct con-
fict with the provisions of the
Curtis act, such as the laws Great
ating the judicial offices and pro-
viding for the salary of the officers.
This position as 10 the repeal of
the laws of the nations by the Cur
tis act was more strongly urged
by parties who desired to intro
duce cattle into the Indian Terri
tory contrary to the quarantine
laws of the nations and without
the payment of the tax provided
by those laws. In discussing the
matter the office took the position
that in prohibiting the courts from
enforcing the laws of the nation
congress did not necessary repeal
any of the laws of said nations
which were not inconsistent with
the act and could stand and be
executed without interfering with
the operations of the Curtis act;
and, furthermore, that even if the
effect Of the Curtis act was to re-
peal the quarantine laws of these
nations, section 2117 of the revised
statutes of the United States would
operate to prohibit the introduc-
ton of cattle illegally into the In
dian Territory, and the courts of
the United States could be appeal
ed to for the enforcement OF the
penalty provided in that section.
This question was further compH-
Gated by the position taken by
parties interested in introducing
cattle into the Greek nation, to the
effect that the Curtis act, having
given to each citizen in the nation
the right TO use or to receive rent
from his sproportionate share of the
lands of bis nation. suspended the
operations of the Greek quarantine
laws TO the extent of permitting
the introduction of cattle to be
held on tracts occupied by indiyi-
duals OF the nation without liabili-
ty to paying the permit tax i'm
posed in such permit laws. 1t
was held that il any other view
were taken of the situation, the
provisions of the Curtis act which
authorized the individual to lease
his proportionate share and the
share of his wife and children
would be nullified by the tax being
charged on the cattle introduced,
or at least the rental value of the
proportionate share OF the invidi-
ual would be materially and un-
iavorably effected. The office did
not take this view Of the question,
but held to the idea that the quar-
antine laws OF Creek nation were
valid and that the tax imposed
therein for the introduction of cat
tie should be collected.