Las Vegas optic., 1912-10-26
indian DEMANDS
DAMAGES Of
CITY
CHARLIE KAi SAYS HE WAS DE-
PRivED or HIS VOTE
ILLEGALLY.

" uAuDAaA AAPSA lAAlc " l-4c t5Iytp 1
Of New Mexico is scheduled to come
up in the United states district court
here next week.
The case is that Of Charles Kai Of
Gallup. who demands ten thousand
dollars in damages from the town
board of Gallup. Kai in his CON-
plant sets forth the allegation that
in the last municipal election in the
town Of Gallup he presented himself
at the polling place and Offered to
vote for town officers Not only was
he refused the right to vote. the COM
! plant sets forth, but, when be insist
4 ed, he was roughly seized and hurried
away to the town bastile and there
detained.
For this last alleged indignity be
demands $1,000 damages from the de-
fendant town board and its minions
who made the alleged false arrest
For being deprived Of his rights as
an American citizent o cast his ballot
he also demands $1,000, or $4,000 in
all. It is set forth in the complaint
that the fourteenth and fifteenth
amendments to the constitution Of the
United States were violated since
Kai, who claims citizenship under the
provisions Of the treaty Of Guadalupe
Hidalgo, was deprived Of his right to
vote on account Of race or color
The case comes up before Judge
Pope on demurrer to the complaint
and some interesting questions are
involved.
The constitution Of New Mexico
provides that Indians not taxed are
not entitled to the elective franchise.
The treaty Of Guadalupe Hidalgo. un-
der which that portion Of New Men-
co west of the Rio Grande, half Of
Colorado and Wyoming, all Of Neya-
da, Arizona and Utah, were acquired
by the United states. guaranteed to
the inhabitants Of this country at
that time, which included the Pueblo
Indians. equal rights with other citi-
zens Of the United States
The constitution Of the United
States provides that no citizen shall
be deprived Of any right on account
ef race, color or previous condition Of
servitude, though the fourteenth
amendment provides that Indians not
taxed shall not be counted in figuring
the basis of representation in con
gress of the different states.
And Charlie Kai insists that he was
deprived Of his right to vote on ac-
coutn of his race and color and for
no other reason.
Since the election at which Kai Of
fered to vote was a purely local al
fair and involved no senator, repre-
sentative in congress or presidential
elector it is an open question whether
the United States court has jurdsdic-
ton in the premises and this is the
question which will probably be de-
cided by Judge Pope upon hearing on
the demurrer.
Another unique feature of the case
is the fact that there appears to be
no precedent fixing in terms Of mon
ey the amount Of damages which a
citizen suffers from being deprived
of his vote. Cases there are in plenty
where criminal action has been
brought against election officials for
refusal to allow citizens to vote, but
the present one is believed to be
among the first where pecuniary
damages have been demanded for al
legged injury Of this kind
Should the case go to trial in tne
federal court its outcome will be
watched with interest, since it ap-
pears to involve a conflict in the con.
stitution Of the United States as we'll
as question Of the constitutionality
Of the New Mexico constitution. Ii
an Indian not taxed is citizen under
the treaty with Mexico, he may NOT
be deprived Of his right, on account
Of his race, while at the same time
the federal constitution specifically
provides that he may not be counted
by congress when the basis Of repre-
sentation Of the different states n
the house Of representatives is fixed
every ten years.
Judge Pope has decided that the
Pueblo is citizen. He is not taxed
but whether there is any reason un
der the law why he should not be tax
ed is question for the courts.
Until 1854 Pueblo Indians were
recognized as citizens Of New MeM
co. They voted, served on juries anC
presumably paid taxes. In that yeal
the legislature enacted law depriv
ing them Of the ballot and 1t seems
that there was tacit understanding
that they should not BIO called upor
to pay taxes Since that time Indians
have occasionally Offered - vote anC