The Courier. (Genoa, Nev.) 1899-1904, 1904-01-15
Status of Nevada Indians.

Considerable discussion regarding
the status of Nevada Indians has been
had recently, brought about by a rul-
ing of the Department of the Interior,
that half-breed is not entitled to land
under the allotments made by the gov
eminent. An investigation reveals
some very interesting points and pos
sibilities.
The federal statutes have established
that, Children born of a white man,
citizen of the United States, and an
Indian woman, his wife, follows the
status of the father in the matter of
citizenship, and are therefore not enti-
tied to allotments," and the courts
have held that it is common princi-
pie of law that the offspring of free
persons follow the condition of the IA
ther, and as citizens of the United
States and of the State in which
they reside, are entitled to enter land
under the general homestead act.
So, if the father is white man and
a citizen, his children by Indian wife
are undoubtedly also citizens and in
taking the status of the father, are GER
tainly entitled to vote and hold office.
Such is the law of the United States,
as, whole, and there appears to be
nothing in the Constitution of Nevada
or any other State, so far as the De-
partment knows of which will pre-
vent.
Ruling directly upon the half-breed's
status in Nevada, the Department
says: "The mixed bloods in Nevada
who are citizens of the United States
are therefore citizens of the State of
Nevada, if born within the limits of
the United States, of citizen fathers"
That probably fixes the right of any
half breed to vote or hold office if his
father was citizen of Nevada.
However there is another manner
in which an Indian can gain these
privileges, be he full blood Indian or
otherwise, and that too without ap-
plying to any court for citizenship pa
pers, as was proposed in the case of a
Carson Valley half breed, who was
refused the privileges of participating
in the allotments:
Every Indian born within the ter
ritorial limits of the United States,
who has voluntarily taken up, within
said limits, his residence, apart from
any tribe of Indians therein, and has
adopted habits of civilized life, is
hereby declared to be citizen of the
United States, and is entitled to all
the rights, privileges etc., without in
any manner impairing or otherwise
affecting the right of any such Indian
to tribal or other property"
Thus, if the half breed Indian can
become full-fedged citizen of Neva..
da, with all privileges, by establish
ing the fact that his father "a white
man was citizen, SO can the full
blooded redskin gain equal privileges
by tearing away from his people and
living in civilized manner. In nei-
ther case will it be necessary for him
to take any further action.
1t sometimes occurs, although not
often, that half-breeds will have
white mother and an Indian father.
In that case the offspring is Indian,
under the law
Also, of course, the Indian woman
who marries citizen, becomes also a
citizen by virtue of her marriage.
While there appears to be no di-
rect definition of the term marriage"
under the federal laws, it appears to
be fair to assume that it is to be con-
strued merely as a common-law mar
riage, SO far as it affects the offspring.
The subject is one that presents
many interesting possibilities along
good many lines, and doubtless will
be heard from in our courts before any
considerable length of time has pass
ed.-Carson News.
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