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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
([1905])

Report of the Indian inspector for Indian territory,   pp. 705-792 PDF (36.9 MB)


Page 731

REPORT OF INDIAN INSPECTOR FOR INDIAN TERRITORY.            731 
Wright, has decided that the Creek permit tax is a legal one, and that the
Sec- 
retary of the Interior, though his subordinate officials, is authorized to
collect 
the same; and 
Whereas the case of the United States of America against John West has 
this day been decided by the mayor, sitting as a court, favorably to the
United 
States in accordance with the said opinion of the United States circuit court
of 
appeals ; and 
Whereas the utterly false impression has been cast broadcast that there is
an 
inclination illegally to resist the collection of this tax: Therefore, be
it 
Resolved, That it is the sense of the commercial club of the city of Muskogee
that no person should unlawfully resist the officers of the Government in
their 
efforts to collect said tax. 
The amount of permit taxes collected by the United States Indian 
agent in the Creek and Cherokee nations during the fiscal year was as 
follows: - 
Creek Nation: 
Grazing tax-------------------------------------   - -  $12, 146. 78 
Permit tax           ----                                23, 300. 17 
35, 446. 95 
Cherokee Nation: 
Grazing tax                                                 2, 944. 20 
ALIENATION OF ALLOTIMEN vs OR SALE OF ALLOTTED LANDS. 
There are two general provisions of law in reference to the aliena- 
tion or sale of allotments by individual Indians which apply to the 
Five Civilized Tribes, in addition to which the agreements with each 
of the nations contain certain provisions in regard to such sales by 
citizens of the respective tribes. 
The first of these general provisions contained in the act of March 
3, 1903, is as follows: 
And provided further that nothing herein contained shall prevent the survey-
ing and platting at their own expense of town sites by private parties where
stations are located along the line of railroads, nor the unrestricted alienation
of 
lands for such purposes when recommended by the Commission to the Five 
Civilized Tribes and approved by the Secretary of the Interior. 
Applications for alienation of lands for town-site purposes under 
this provision of law being made to the Commission to the Five 
Civilized Tribes, I am not advised as to the number of applications 
presented or passed upon. 
The second general provision in regard to alienation of allotments 
is contained in the act of April 21, 1904 (33 Stat. L., 189), as follows:
* * * And all the restrictions upon the alienation of lands of all allottees
of either of the Five Civilized Tribes of Indians who are not of Indian blood,
except minors, are, except as to the homesteads, removed, and all restrictions
upon the alienation of all other allottees of said tribes, except minors
and 
except as to homesteads, may with the approval of the Secretary of the Inte-
rior, be removed, under such rules and regulations as the Secretary of the
Interior may prescribe, upon application to the United States Indian agent,
at Union Agency, in charge of the Five Civilized Tribes, if said agent is
satis- 
fied, upon a full investigation of each individual case that such removal
of 
restrictions is for the best interest of said allottee. The finding of the
United 
States Indian agent and the approval of the Secretary of the Interior shall
be 
in writing and shall be recorded in the same manner as patents for lands
are 
recorded. 
Under this provision where a citizen by blood desires his restric- 
tions removed application is made to the United States Indian 
agent at Union Agency, either by personally appearing before the 


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