Omaha daily bee., 1905-07-26
UNCLE SAM TO AID OF 10
Government Seeks to Prevent Taxing Heir
ship Funds of Indians,
FILES SUIT AGAINST 1HURsToN COUNTY
Case il First of the Kind Ever
Brought in Federal Courts and
and Involves Peculiar
Question of Law.

United States District Attorney Baxter
has brought suit in the United States cir
cult court to restrain the county OF Thurs
ton, o. d. Aldrick, county treasurer, and
l.. w. Fansler, clerk of Thurston county,
from enforcing the collection of the tax
upon certain trust moneys on deposit in
the Security National bank of Sioux City
to the credit of certain Omaha and Winnie
bago Indians. The temporary order of in
junction has been granted by Judge Mum
ger and made returnable August %.
The case is the first or It's kind ever
brought in the United States courts and
involves a peculiar question Of law. The
fund in question is the proceeds from the
sale of Indian heirship lands, which is held
on deposit in the Security National bank
for the benefit of the Indians. The money
Is paid to the Indians in monthly INSTALL
ments of $40 and is paid them through the
Indian superintendents OF the agencies.
The government holds that this money Is
! not taxable as ordinary deposits, as It is a
trust fund in lieu of the Indian lands,
which have not yet been alenated from
the Indians nor will they be until the
twenty-hve-year limit has elapsed, which
is many years in the future.
Indians Affected by Suit.
The members of the Omaha tribe OF In
dams affected by the suit are: Ardent
sansouci, Dan Walker, Dan Grant, Julia
Livering, Mrs. Horace Cline. Mrs. Noah
Walker, Walter Blackbird, Sioux Solomon,
I Tecumseh Dick, Charles Dick. Morgan
| Grant, David Webster, Rufus Fremont,
Julia McConley. Harry Baxter. Henry
Wood, John Sherman, Me-pe Walker, Little
| Girl Walker and John Webster.
The amounts of money held to the credit
OF these Indians at Sioux City run all the
| way from $50 to $2,5le and the tax upon
| these sums is 20 per cent of the total sum
each individual has on deposit to their
| credit
| The Winnebago Indians involved in the
suit are; Green Hair, Nettie Logan, Will
liam Big Fire. Henry Big Fire, Mrs. Young
Prophet Jbhn Harrison, Sarah Harrison,
| Mrs. Little OK, Lucy Street, Joe Wolf.
Mrs John Hill No. 2. Mrs. James Sine,
Emma Snow, William HAnsley, Red Legs,
Mrs Davis st. cyr. Fannie West, Mrs.
Anna Gray Hair. Mrs. John Snyder, Jessie
Cross, Henry Thompson Cross, Fannie Gill
bert Cyrus Longtail, Thomas Clay, Peter
Rave Turner Rave. Henry Rave. Mrs.
Fred Renters. John Fireman, Rain woman.
Mrs. Ed Logan, Charles Prophet. c. II.
| Prophet, Albert Iowa Crow, A. Porter
! Decora, William Decora, George Decora
| (police), Peter Deeora, Edward Decora.
George Decora. Daniel Wolf, Mrs Captain
] Whitewood, Mrs. Grow Mann ana Joseph
/ Amen.
Amount OF Their Funds.
The amounts Of money held to the credit
| OF these Winnebago Indians runs from SO
/ to $500 to the individual, or an aggregate
total OF about $4,000 to the credit OF the
/ Omaha Indians and about $4,000 for the
! WinnebaEos.
The petition fled by the government asks
that writ OF Injunction be granted against
the Thurston county officials and that each
| assessment against the foregoing named
Indian heirs on account OF moneys on de.
| posit In the Security National bank arisins
| out OF the sales Of heirship lands may be
declared illegal and void ana that the de-
/ PENDANTS be restrained from In any manner
| certifying the sums to the county treas.
urer Of ThurstOn county FOR the purpos,
Of taxation and from in any manner at
tempting 20 enforce the collection from
any OF the said individual Indian heirs OF
said account of taxes alleged to be az
/ sessed for the year 1905