OCR Text |
Show duction of cattle, there does not appear to be any good reason why all peperaon8 owing said taxes should not pay the same when they become due. The taxes are lawfully imposed, and persons refusing to pay the same are unquestionably liable to be removed under the provisions of mid sections 2147 and 2149, and also the cattle which are illegally within said nation. On July 1 last the Assistant Attorney-General for the Interior Department ren-dered an opinion relative to the application of the Arkansas Valley Telephone Com-pany to extend its lines through the Otoe, Missonria, and Ponca Indian reservations, snd it appearing that two telephone lines had already been built across Indian reser-vations it was held that the opinion of Assistant Attorney-General Shields for the Interior Department, rendered October 19, 1889, construing said sections 2147. and 2149, was correct, in which he held that- Whether a pemn is in an Iodian country without authority of law, or whether his presence within the limits of the reservation is detrimental to the peoe and welfare of the Indians, must be deter-mined primariir by the enlightened judgment of the Commissioner of Indian Asairs. But, ii so found, vith the spproval of the Secretary of the Interior, the offending person or persons mw be summarily removed fmm any tribal reservation. It waa also stated that said opinion of Amistant Attorney-General Shields "has received the approvals of several Secretaries of the Interior." It was further stated in said opinion: While authority is thus explicitly given to remove persons from tribal reservations, I amnot aware of any express statutory mthority for the removal therefrom of the property of trespassers. I think. however, that suoh express authority is not necessary. The authority to remove property brought upon a. reserv~tionw ithout &uthorityo f law, or the presence of which upon s reservation ia detri-mentBi to the pesoe and welfare of the Indians, seema necessvily to iollow from the authority to remove persons under like circumstances, and from the general power of management of Indian sffairs with which the Commissioner of Indian Affairs, aoting under the direction of the secretarg of the Interior, is clothed. This opinion was approved by the Secretary on the same day. Under the mlings of the courts and the Department there is no question as to the authority for the removal of any person and his property who may be in the Chero-kee Nation contrary to law, or whose presence is detrimental to the best interests and welfare of the Indians. Yonare therefore authorized to give s. like notice to the citizens of said nation who refuse to pay taxes levied far the introduction of cattle in said nation in accord-ance with said Cherokee laws and said regulations. The recommendation of the Acting Commissioner, that yon '%e instructed to report to the United States attorney for the northern district of the Indian Territory all actual msea which amount to a violation of section 2117 of the Revised Statutes," is approved, and you will act accordingly. June 21,1900, the inspector reported relative to the collection of the tribal merchandie tax and of the royalty on hay in the Cherokee Nation. He stated that, if the Department should be found to have fnll authority to make regulations relative to the payment of the tribal taxes and to remove parties and their effects from the Cherokee Nation and Indian Territory, he would recommend that he be author-ized, with the aid of the, United States Indian police or such other assistance as it might be necessary to employ, to proceed to remove any cattle in the possession of citizens or noncitizeus within the limits of the Cherokee Nation upon which taxes had not been paid. The inspector also stated that one W. C. Rogers, a mixed-blood |