The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-01-13
CASES AFFECTING
THE FIVE TRIBES
ARGUED IN SUPREME COURT
THIRTY MILLION DOLLARS IN
VOLVEO-ITS FEATURES.
CFrom The Oklahoman.J

Three cases involving between $780,
900, 600 and 100000 in back taxes
and more than 1000 residents OF the
five civilized tribes, We're argued be
fore the supreme court Thursday al
ternoon by w. l.. Sturdeyant, attor-
ney for the Indians. The cases in
volve the right of the state to collect
taxes upon the allotments of land to
Indian citizens, and they have been
pending in the courts for three years
The specific titles of the cases ar
gued Thursday afternoon are those OF
Bessie English against II. 7. Richard
son, county treasurer of Tulsa coun-
ty; Alexander against Rainey, county
treasurer of Hughes county, and
Gleason against Wood, county treas
urer of Pittsburg county The first
two involve the members of the
Creek nation and the latter, resi-
dents of the Choctaw tribe.
The court spent almost the entire
day in hearing arguments in the In
dian land tax cases; in all four were
considered. Thursday morning attor-
ney w. A. Ledbetter argued the ap-
peal from the superior court OF Lo-
gan county of the famous Indian
Land Tax case of which j. F. Nc
Murray was one of the counsel. All
four cases involve practically the
same question, the right of the state
to collect a tax upon the Indian lands
that were exempted from taxation for
period of twenty-one years by an
agreement or treaty with the tribes
when they gave up their tribal rights
and accepted individual allotments OF
homesteads.
English Case.
Argument was taken, up in the En-
glish against Richardson, county
treasurer of Tulsa county, case, since
its features were exactly similar TO
the others. Attorney Sturdevant OF
st. Louis, counsel for the Indians,
opened with summary of the case
and it's conception in the district
court of Tulsa county.
A suit was brought to enjoin the
treasurer from collecting taxes on
the homesteads. The Indians claimed
that the lands We're exempt from
taxation by terms of the treaty or
agreement entered into between them
and the government which provided,
not only in the contracts but also
in the Gcc.sds, that the homesteads
would be free of taxation for pc
Rod of twenty-one years from the
date of the deed.
On May 27, 1908, five years after
the deeds had been received as stip-
ulated, an injunction suit was brought
by the plaintiff in error against the
defendant in error on the grounds
that the act of congress violating
rights was unconstitutional. Attor-
ney Sturdevant held that congress
was not exercising its rights by pass
ing such law and in support of his
contention argued:
First, that exemption from taxa
ton resting upon valuable consld'
Grafton is a property right that can
not be divested or disturbed by any
act of state or national legislation.
Second, that when the plaintiff in
error and the class of Indians that
he represents entered into an agree
ment with the government to relin-
quish the rights in tribal estate and
accept individual allotment in lieu
thereof, based upon the express COW
enant of the government, that the
part of the allotment which they
selected as homesteads should be eX-
empt from taxation for period of
twenty-one years from the date OF
deed. The indians accepted their
allotment upon the terms made and
received deeds containing stipula-
ton to the effect that the property
interests SO acquired in the exemp-
ton become vested property right
and no act of congress or the legis-
lature of Oklahoma can disturb such
right.
Contract or Grant.
Attorney Sturdevant also contend
ed that such transaction constitutes
either a contract or a grant, either OF