The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-05-31
". A. LEDBETTER
ON COURT DECISION
Local Officials over oklahoma MisIed
by LEGISLATION in CONGRESS.

OkidnOma City, May 24.-FOr the
first time since the now famous tar
decision of the Supreme Court of the
United States was handed down on
Monday May 20, the fun text of the
decision was received in Oklahoma
City Tuesday and attorneys were
give nan opportunity to digest it. 1t
construc full in the highest court in the
before rendered a more com.
}decision
sal o fthe decision by those who
lest qualified to express an opin-
y leads to the. confident assertion
81 the holocaust" cry was false
Harm and the original estimates of
the damage to the east side o fthe
state by reason of the decision were
grossly exaggerated.
The following Interpretation of the
decision by Judge w. A. Ledbetter
gives summary of the supreme
courts holding. It is doubtful if there
is an yone better qualified to discuss
the matter than Judge Ledbetter. He
was not only counsel 70 rthe 5000 In
Oklahoma constitutional convention.
dian allottees but a member of the
Oklahoma constitutional convention,
hence he is intimately familiar with
the case nall its phases.
1t will be observed tha tthe allotteesi
had no fault to find with the constitu-
tion, or laws of the state Of Oklahoma.
The controversy was with the federal
government, particularly with congress
as regards treaty rights.
No Controversy With State.
'"rhe principal case on the tax
question, recently decided by the SUI
preme court of the United States, is
that of George w. Choate. ct al, vs.
NJ E. Trapp, secretary of the state
board of equalization, and the county
officers in the counties in the old
Choctaw and Chickasaw nations.
wherein something over 5000 Choc-
taw and Chickasaw allottees, claiming
tina their allotments were not subject |
to taxation, sought, by injunction, to |
prevent tn assessment and collection |
of taxes on their lands These allot- |
tees did not claim tha THE state of |
Oklahoma had violated their treaty |
rights, but on the contrary asserted
that nthe constitution and laws of
the state their right to hold their al
lotments exempt from taxation was
expressly recognized
In the brief filed 0 ntheir behalf it
was stated
The state of Oklahoma, in its consti-
tuition and laws, has kept faith with
the Indians; it has provided that the
lands exempted by treaty provisions
shall remain exempt so long as the
treaty continues in force and effect
We have shown tha tthe treaty stipu-
lations have remained in force and ef-
feet for the protection of the rights
of the allottees to the title to and ex-
emption in their lands.
A fair construction of the constitu. {
tion and laws of the state of Oklahoma ]
will protect the plaintiffs in all their /
rights as guaranteed in the treaty.
The officers charged with the enforce
ment of the laws relative to taxation /
in the state of Oklahoma have under
taken to prevent them and apply them ;c
to the lands of the plaintiffs which are @
exempt from taxation. 1t is against
this erroneus, and prevented applica- q
tion of the laws that we complain.
"The. United States supreme court, U
in its opinion, expressly recognized /
this view and held that:
The constitution of that state pro- +,
yided that all existing rights should .
continue as if no change in govern "
ment had taken place; and that prop
arty exempt from taxation by virtue ?,
Of treaties and federal laws should j
SO remain during the force and effect -
of such treaties or federal laws The :,
of the state of Oklahoma y
tself, expressly recognized that the :,
here granted must be pro-
ected until it is lawfully destroyed =
"The court held that action of the r.
county officers in attempting to apply
he laws of the state relating to tax :,
Ition, was erroneous and void and =
hat. therefore, an injunction should =
ave been granted
Violation by Congress. !,
ut also held that Congress, in the -
cts of 1906 and 1908, attempting TO
ubject the allotments of the indians
0 taxation. violated the property
ights vested in them under the treaty
nd that:
1.-THE patent an dthe legislation Of
ongress must be construed together, "