The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1909-04-30
ARE HOMESTEADS
SUBJECT TO TAX /?
Controversy over Taxing Home5teads
Of Indians Whose Restrictions
Have Been Removed.

controversy between the state and
federal authorities as to whether
homestead allotments Of Indians
whose restrictions were removed by
the act of congress approved May 27
1908, can be taxed by the state. is
arouslng considerable interest in Ok
lahoma
First Assistant Secretary OF the In.
terror Frank Pierce, who has been in
Oklahoma for some time comforting
with federal officers, in charge of In.
dian affairs, takes the view that all
homesteads OF Indians are free from
taxation while In possession OF the
original allottee To test this matter
in the courts NJ. L. Mott, the Greek ma
tional attorney has fled a suit at We
woka which denies the right of the
state to tax Indian homesteads, The
leading Indians of the five civilized
tribes are opposing the taxing OF these
lands by the state and the Indians are
holding off their paymens pending a
decision of this question
Meanwhile the various counties
have included on assessment rolls all
Indian lands. including homesteads of
Eallottees enrolled as intermarrled
whites. as freedmen and as mixed.
blood Indians having less than one.
half Indian blood including minors.
These homesteads have been listed
for taxation upon advice sent out by
state auditor Trapp to the county
clerks of the various conties on the
east side OF the state The act of con
gress Of May 81. 1908, removes the re-
strctions from homesteads OF the
foregoing classes of Indian citizens.
Section of this act clearly expresses
the intention that such lands shall
be taxed by the state In the following
language "That all lands from which
restrictions have been removed shall
be subject to taxation and all other
civil burdens as though It were the
property Of other persons than allot.
tees of the five civilized tribes. Pro.
yided that allotted lands shall not be
subjected or held liable. to any form
OF personal claim. or demand against
allottecs arising or existing prior to
the removal Of restrictions. other than
contracts heretofore expressly per
mitterd by law"
Attorneys for the Indians hold that
this act 0f congress wherein Il pro
poses to tax homestead allotments
from which tile restrictions was re-
mover violates the treaties be-
tween the government and the Eve
civilized tribes which stipulate that
Indian homesteads shall not be sub.
ieot to taxation during the time they
are held by the original allottee
If the courts should hold that In.
dian homesteads from which restrlc.
tions have been removed are not tax.
able the state would be deprived OF
hundreds Of thousands OF dollars in
rvenues from the taxation Of such
lands This would work hardship
upon the counties in the eastern por.
tion OF the state where ali these lands
are located because Of the fact that
they were only recently organized
and based their tax levies upon the as,
sumption that such taxes could be col
lected These counties are Just be.
ginning to collect their first taxes and
have thus for been running ON money
borrowed from the state and upon
warrants issued against the taxable
wealth OF the counties. II this source
OF revenue is cut of deficiencies will
occur in many OF the counties and
financial embarrassment will be the
inevitable result which will have to be
relieved by heavier taxation upon
other taxable property.