The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-05-17
MANDATE OF COURT
NOT So SWEEPING
Supreme Court Decision is Not as
Sweeping as Feared-Hits Greek
Nation.

Washington, May l5.-m explaining
the probable effects Of the opinion Of
the United States supreme court on
Monday in the ease filed to prevent
the state of Oklahoma from collecting
taxes in the Choctaw and Chickasaw
country on lands held by less than
half blood Indians, d. c. McCurtain,
who acted in behalf of the Indians in
the case, declared tonight that he did
not believe the opinion, even though
| it eventually would cost the state OF
Oklahoma in the neighborhood of $685.
100000. would seriously embarrass the
counties in which the lands lie in the
eastern section OF the state.
Mr.. McCurtain declared that about
the only possibility Of financial en-
barrassment would be where county
commissioners have authorized bond
issues Of several hundred thousand
dollars for county improvements, on
the supposition that the state could
not lose its fight for the taxation of
the lands. Otherwise the revenues
paid in the counties affected would
remain about as they are now. He
declared there was possibility that
the state would be forced to return
several hundred thousand dollars al
ready collected from the Indians in
the form of taxes AS the court opin-
ion is interpreted, all Choctaw and
Chickasaw lands affected by the de-
cision, which have been transferred
from the original allottees, can be
placed on the tax rolls. Only those
allottments held by the original al
lottees can remain untaxed for a per-
iod of twenty-one years.
In the Creek nation, however, by
treaty, the exemption of taxes runs
with land under all conditions for
period of twenty-five years, and 1t is
the counties in the Creek country that
Eventually will be hit the hardest by
the courts opinion
Vests Opinion.
That interpretations OF the opinion
of the supreme court in the Indian tax
cases as sent out from Washington are
incorrect is the contention Of various
attorneys who were asked to express
an opinion on the result OF the decision
Wednesday,
TTnffI he is MA In, %
hands of attorneys for examination the
majority of them will believe that the
question of taxation after alienation
does not enter into it. Attorney Gem
eral West, who argued the case for
the state before the supreme court
said Wednesday that the opinion had
probably been misinterpreted in Wash
ington since the question OF exemption
from taxation after alienation did not
enter into the case.
In all three cases which were APP
pealed from the state supreme court,
the original allottees were still in pos
session of the land at the time suits
were filed and w A. Ledbetter who
prosecuted the cases for the plaintiffs
has stated that the decision affects
only the original allottee, who is still
in possession of his land
All attorneys agree that If the first
interpretations Of the decision are cor
rect, whose townsites located on In
dian allotments would be non-taxable-
4 statement to all county attorneys
setting forth the fun effect Of the de-
cision will be prepared by Attorney
, General West as soon as a copy Of the
opinion has been received from Wash
ington.