Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-11-19
MAINE INDIANS
LIABLE TO DRAFT

NdJutdnt tenCrdI gorge Mel.
Presson Saturday received a COM
munication from Major Edwin ".
Fullam, adjutant Gencral'and assistant
executive officer at Washington. in
which he states that il ndian live
separately and apart from thcir. tribe
and have adopted the habits and ways
Of civilized life and exercise the right
Of suffrage in the state Of Maine. it
would seom that they come within the
purvicw of tho law as being male citi-
zens or male persons who are liable to
military service under the draft.
Gen. Presson's Query.
Ad1utant General I'resson sent the
following letter 10 Gen. l.. II. Crowdcr.
the provost marshal general of the
United States, in relation to the In
dams serving under the selcctive draft
law:
The question has been raised IN this
state whether Indians OF the Pass.-
maquoddy OF Penobscot tribe in the
state are exempt from the draft be
cause they are Indians. These tribes,
as we understand it, are not treaty In
dams. so far as the United States of
America is concerned.
we are asking for a ruling on This
point because it has come to our attcn-
'!on that the indian are receiving adj
VICE from other sources to the fact that
they need not go, unless they desire to
do So
The Reply.
inc reply to Gen. Presson's com
munlcatlon by the war department is
as follows:
Inc Solective Service Act of Nav Is.
1917. provides in part as follows:
Such draft as herein provided shall
ne based upon the liability to Military
service OF all male citizens. not alien
enemies, who have declared their in
tention to become citizens"
rms section has been construed bv
ne commissions on Indian Affairs to
exclude non-Citizen Indians.
The question Of the status of In
dlanS IS one that is not free from
doubt.
'The following general rules how
ever, will he of assistance to Won in
determining questions of this charac-
ter presented through claims for cx-
emption fled ~ Indians on the ground
OF non-citizenship.
"Generally speaking. Indians who
nave been allotted lands prior to Nav
), 1905. under the act Of Feb. 5. 1887
know as the General Allotment Act
or any other act or treaty prior there
70, are to he regarded as citizens ri
the United States.
Indians who have received nator+v
IN ice at any time to all Of their lands
are - be regarded as citizens.
indians who live separate and anart
from their tribe and have adoptcd tho
hablts and WaNs Of civilized life are 70
be REGARDED as citizens.
Indians who have been a1,ottcd
land under the act of May s. 1906. are
70 ho regarded as n-citizens until
such time as they have received patont
IN fee of all their lands.
Since the Indians Of the passa-
rnaquoddy or rcnobscot tribe arc ~
der the Jurisdiction Of the state Of
Maine, their status as to liability ia
military service under the draft do
pends upon their status In Maine with
regard to citizenship.
'If these Indians live separatoIv and
from their tribe. and have adont-
cd the habits and ways Of civilized Hfr
and exercise the rights Of suffrage in
the State of Maine. it would seem that
they como within the purview of tho
above quoted section az being n,aIo
citizens or male persons who arc liah
to military service under the draft"