East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-04-12

Attorney General Crawford, In an
of the klamath Indian agency. wrote
the following official opinion yester-
day, says the Salem Statesman:
Replying to yours of the 4th inst.
relative to the status of the so-called
Indians, viz: Half quarter, etc.
blood, at the polls, permit me to say
that the question really Is whether
they are considered Indians, then they
have the right to vote II they have
severed their tribal relations and have
adopted the habits of civilization. or
II they received allotments of land
under the United States allotment
laws relative to Indians.
Ny opinion to ]. w. Evans. assls-
tant superintendent Of the klamath
Indian reservation, under date OF
March 4. 1905, answers the question
and holds, in substance. that all IN
dams who have received land by al
lotment are citizens of the United
States, and entitled to the right to
vote, together with all other rights,
privileges. and immunities of such
citizens, etc, and I cite authorities In
said opinion which cover the point.
AS to the status Of one-fourth-
bloods and half-bloods. / am OF the
opinion that a ne-fourth-blood wouid
he considered a white person, ana
citizen. and entitled to vote. while
n half-blood, IL his mother was an
a
man, would be considered an Indian
the child taking the status or its
mother.
have not the time to thoroughly
examine this matter. but in the case
OF United States VS.. Sanders (U. 81
81 Federal Cases $50, s51, 1t Is held
a child partakes OF the conditions or
the mother. and II the mother is an
Indian the child will be so considered
within the provisions Of the act OF
1894. section 25. declaring that the
laws Of the United States for the pun
i.hment of crime in the Indian Terri
tory shall not extend to the crimes
committed by one Indian against the
person or property Of another.
The child Of Q white woman by an
Indian father shall. for the purpose
OF that act, be deemed of the white
race, the conditions of the mother
and not the quantum of Indian blood
in the veins determining the condition
of the offspring, this standard follow
ing the common law rule, which was
borrowed from the civil law. In the
1 d.
eral 256: the court holds that "A per-
son OF half white and half Indian
blood is not a white person within the
meaning of this phrase as used In the
naturalization laws, but an Indian
In the Virginia code, section 40, II
4. provided that Every person, not a
colored person. having one-fourth or
more of Indian blood shall be DEEM
ed an Indian" However, our statutes
contain no provisions upon the aues-
tion. and therefore I am OF the opin'
ion that the courts would hold tha'
any person who has less than one
half Indian blood would be consider
ed white person.
The state OF Indiana has held thai
all persons recognized MS Indians pS
the Indians themselves, and who are
STAMPED as such by birth. education
and language, and has three-eighth'
Indian blood. are Indians.
In Keithe VS.. United States 5S rae
bO.. S Okla. 446. 1t is held that per
son that was born from a marriage
between a white father adopted into
an Indian tribe and half-breed wo
man is nor an Indian within tn'
meaning Of the act Of September
1887 granting land to Indians no
residing on reservations.