The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-04-29
GIVES HOMESTEADS
PREFERENCE OVER INDIANS

lNe state uUeA not uN0efsthhu thht
the homesteads OF Indians whose re-
slrictlons have been removed are not
subject to taxation as has been con-
tended by members Of the Five Civil
lzed Tribes and representatives Of the
Interior department Early IN March
the state auditor mailed % county
clerks @ circular letter. including a,
portion OF the Congressional set re-
moving restrictions. which expressly
states that oil lands from which re-
slricllons have been removed shall be
subject to taxation and all other civll
burdens, as though II were The prop
erty Of other persons than allotteea
OF the Five Civilized Tribes An ex'
ceptlon IS made 10 the extont thai
such lands shall not be held liable
to any form OF personal claim against
the allottee existing prior to the re.
moval OF restrictions other than con-
tracts expressly permitted by law.
The act approved May n, 1903, up
on which the state relies. gives the
following as regards restrictions on
alienation or Incumbrance. as follows
'All lands. including homesteads, Of
said alloltees enrolled as intermarrled
whites as freedmen. and IS mixed.
blood Indians having less than ~ In
dian blood, including minors shall be
free from all restrictions. All lands,
except homesteads OF said allotteea
enrolled as mlxed-blood Indians hav'
Ing half or more thnn halI and less
than three-quartera Indian blood
shall be free from all restrictions. All
Of said alloitees enrolled |
as mlxed.blood Indians, having half or
more than haIf indian blood. Includ. |
Ing minors og such degrees OF blood |
and all allotted lands Of enrolled full |
blocds and enrolled mlxed.bloods Of
three.Quarters or more Indian blood |
including minors of such degrees OF
blood, shall not be subject to allena.
tion, contract OF sell power Of altor |
nef or any other lncumbrance prior |
to April 20 1881. except thai the see.
retary Of the Interior may remove
such restrictions. wholly or Ia part, \
under such rules and regulations con
cefning terms Of sale and, disposal o.
the proceeds FOR the benefit oi the re-
spective Indians as he may prescribe
The secretary Of the interior shall not
be prohibited By this act from eoniinr
Ing to remove restrlctlons as hereto |
fore. and nothing herein shall be con
strued to impose restrictions removed
from land by or under any law prior
to the passage Of this act No re-.
Of alienation shah be con.
stfned TO prevent the exercise OF the
right Of eminent domain IN condemn.
Ing rights Of way lor public purposes
over allotted lands. aud for such pur-
poses Secs. 10 10 SO, inclusive. Of an
act entitled An Act 10 grant the right
Of way through Oklahoma territory
and Indlnn Territory to the Enid ana
Anadarko Railway company and foi
other purposes. approved Feb 28. 1902
(Thlrty.second Statutes at Large
page 42.l are hereby continued N
force IN the State 0f Oklahoma"
The statement % Mr.. Pierce OF the
Interior department. indicating that
the homestead Of Indiana would not
be subject to taxation and authority
TO the Tribes 10 resist the collection
Of taxes BY the state appears 10 be /
IN direct conflict with the act Of 1908
Indiana and their attorney admit that
wording Of the act Is plain, but thar
previous treaties determined the stat
Us G the humeStead. contemplating
when made, that state form OF govern
ment WAS but short time away. They
express no surprise. however. that the
conflict has arisen and point TO the
long line OF treaty promises which /
they claim the Government has brok
en- about 81 rapidly ea they were
made.