The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-08-30
DECISION IN The CASE
Nudge Raymond's Opinion in
Tribal Tax Question.
OKLAHOMA CITY SUIT
Several PreCedentS Which
Govern the Matter.


Wagner Hardware company and others
have filed a bill in the United States
district court against the United States
Indian agent residing at 8Iuskogee seek
ing 10 enjoin him from closing their
stores in the city Of Wagner, in the
Creek Nation Indian Territory, for fail
ure to pay a tax Of y Of / per cent on
first cost of goods brought into the
Creek nation and exposed for sale there
in.
The law authorizing such a tax was
an enactment of the national Creek gov
eminent, and as a part Of the same act
was the clause authorizing the secretary
OF the interior to collect the tax for the
Creek government. The secretary pre-
scribed certain rules for its collection and
the United States Indian agent at Mus
I kogee was proceeding to collect the tax
when the bill was fled " plaintiffs for
an injunction restraining him.
- Judge Raymond's decision in the case
IS. in part. as follows;
The first question presented is, has
the Creek nation any power to pass any
law seeking to raise FUNDS by taxation
or by license fees for the purpose Of sus-
tanning the Creek government.
This question has been answered by
the United States circuit court of ap-
peaIs for the Eighth circuit. in the case
Of Crsbtree ct al. VS. Madden, 81 Fed
Rep. 426. That was case in which Crab
tree as national tax collector for the
Creek nation sought to collect certain
taxes for the nation against Madden by
suit in the United States court. The
court held that such d tax could not be
collected in lawsuit by the - nation
against the defendant because that court
had no jurisdiction but in the course of
the opinion. says:
THE Creek tribe Of Indians is a de-
pendent domestic nation It IS distinct
political society, capable of managing it
own affairs and governing itself As
such nation the United States has main
tanned treaty relations with it for more
than a century. BY the treaty Of March
24. 1892. est p. 36S. Art 49,, between the
United States and that Tube, it was stipu-
lated that the Creek country west of the
Mississippi shall be sO'emnly guaranteed
TO the Greek Indians; nor shall any state
or territory ever have a right to pass
laws for the government Of such Indians,
but they shall be allowed to govern them
selves so far as may be compatible with
the general jurisdiction which congress
may think proper to exercise over them
BY the treaty of August :. 1856. G1 St p.
703 Art. 80. it was stipulated that, so
far IS may be compatible with the consti-
tuition Of the United States and the laws
made in pursuance Thereon, regulating
Al, ion
tribes the Creeks and Seminoles shall
he secured in the unrestricted right of
self government, and fun jurisdiction over
persons and property within their re
|rspective limits. excepting, however, all
white persons with their property, who
are not by adoption or otherwise mem
bers of either the Geek or Seminole tribe:
and all persons not being members of
either tribe. found within their limits.
shall be considered intruders, and be re-
moved from and kept out of the same
by the United States agents for said
tribes respectively assisted, if necessary
by the military" with the exception of
certain classes of persons. one Of which
is. AL persons peaceably travelling or
temporarily sojournins in the country, or
trading therein under license from the
proper authority Of the United States"
BY the treaty of June il. 1866, "a St. p.
7sS. Art 10), II was stipulated that the
Creeks agree to such legislation as con-
eress and the president of the United
States may deem necessary for the bet
ter administration Of justice and the pro-
lection OF the rights of person and prop
erty within the Indian Territory; pro
vided, however. CthaD said legislation
shall not in any manner interfere with
or annul their present tribal organiza-
ton. rights. laws. privileges, and Gus
toms The act of May ,. 1890, charging
the jurisdiction in some cases Of the
tribal courts and the validity Of con-
tracts made according to the laws Of the
tribe These treaties and this legisla-
ton demonstrate that this tribe has care
fully preserved its separate political iden-
tity and that il is still managing its
own affairs. and exercising throush on
GERS of its own selection. legislative. exec
utive and judicial functions within its ter
ritorial jurisdiction. The tax which il
IS sought TO collect by this action was
Imposed by the laws Of this tribe II the
ftribe had lawful authority to impose it,
fit had equal power to transcribe the
remedies and designate the officers to
collect it. The presumption Is that il
has done so. and that il has provided
some of the remedies usually prescribed
for that purpose"
The court OF appeals of the District
OF Columbia in the case OF Morris, et
al. vs. Hitchcock, decided in that court
April :. 1895, in which one Of the Ques-
lions FOR decision was the power OF the
Chickasaw nation to pass a law requir-
ms a non-citzen 10 pay an annual tax
of twenty-five cents q head Tor all cat
= tie owned or held within the limits If
that nation. in the course OF its opin-
ion sustaining the nation in exercise OF
such power. says.
The Indian treaties as We have seen
recognized and guaranteed the existence
OF a tribal government by the Chicka-
saw nation within the limits assigned
thereto
A government Of the kind necessarily
has the power TO maintain its existence
and effectiveness. throush the exercise
of the usual powell Of taxation upon prop
erty within its limits. save as may 10
restricted by its ganic law
The attorney general % the United
States in an opinion under date OF Ser
TENDER % 1901. and found in Vol. .. Opin-
ions of Attorney General. page SIS. II
passing upon the question as TO the
power Of the Cherokee nation 10 impose
OH