The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-03-21
MAY TAX INDIAN
INVESTED MONEY
90 Rules Judge Williams
in Opinion in Mcln-
tosh County Case
ONLY LANDS EXEMPT
courf Sees No Intentionto Ex-
tend Favor Beyond Re-
stricted Indian Tracts

o.. ,,,ee.ated Press state Wire
NrskOGEE, March 19..-lnyest-
lts nf money received from the
If restricted Indian lands are
,v,mpt from taxation, United
s'',.s District Judge Robert l.. VIII
ga hold in decision handed
noNn today IN the case OF the
lrted states against the board OF
1',nisslouers OF Mcintosh county
Tho case came up over some
..,oney which guardIans OF Chero-
Lee indians had raised by tho sale
n, restricted alloJments, ana IN
Vs1ed in town lots in the city of
Euianla. -, -, -
mucf1 ~ the United states govern
went had guaranteed the indians
Exemption from taxation until the
compton period was up tDecember
lgsD that the exemption should
,'llow The Indians money no mat
"a. ,,hat il was invested in.
only Restricted Lands Exempt.
Judge Williams held that tncre
4 ,,,. no intention shown in the
| Governments $ treaties with the In
. o,nns tt extend the exemption from
tnNatlon beyond the restricted lands,
and ne held that the exemption did
mo-, follow the Indians money, even
| hough the restricted lands were
| sold and the money raised with the
consent OF the secretary OF tho in
| crior.
| Two other similar cases were
ltgued and settled with the Nc
lntosh county case. Judge Williams
q, held the same in all cases.
-
Judge Williams held that invest
nents made with money raised
rom the sale of restricted Indian
lands was not taxable, numberless
other suits would have been
| brought to recover taxes and pre-
vent the collection of further
syies.
rhe decision is n triumph for the
state OF Oklahoma. The suit was in
| Nituted by the United states gov
| eminent to force the county COM
missoners to refund money paid in
taxation, and cnjoin them from col
iycting similar taxes In the future.
By the decision they are upheld in
Collecting the taxes.
{. W. Miller, United States dis
,rict attorney, and l.. X. Founders,
bis assistant, presented the case for
,le Indians and n. A. Gibson and
Joseph T.. Hull OF MuSkogee, w. l..
MCPHERSON, Eufaula, and W. +.
Scayer, Tulsa, represented the COM
m!ssioners.
Fayors Pass With sale.
When the Indian sells his allot-
ment the law regards 1t just the
same as IL the restricted period had
expired. Judge Williams declared,
When the secretary of the interior
grants permission for the sale of
an allotment 1t means that he con-
aders the governments obligations
10 the Indian fulfilled. and that the
Indian IS no longer special ward
ot the government, and is not en-
uied TO special dispensation lin the
matter Of taxation, Judge Williams
added
4 Taylor says he found the map ia
me archives of the general laai
o.llce OF tho interior department at
Washington. He has made his
claim to members or congress and
me secretary OF the interior and
has notified the leaders OF the
cherokee Indians of II.
Taylor says he filed with the sec
rotary Of the interior certified
copy OF the governments deed to
me Indians, signed by President
Martin Van Buren In 1898.
ms grant he says. covered IA
shlS5 acres. including the Texas
fanhandle and all lands north OF
NE south bank of the Red river
70 the south bank OF the Arkansas
,,HT between Arkansas and New
Mexico
taylor says he is asking the in
'nor department to intervene in
b'halt OF the Cherokee in any. llti-
cation now pending over the oil
produced from the Arkansas river
bottom.
IayIor says he has also asked
.le government to reimburse the
'Aerokoe Indians and their de
stendanls for the loss of the Texas
Ia1nandle and other lands he
galms they should have.