The Indian & The Law -- 2
By THEODORE H. HAAS, Chief Counsel
United States Indian Service
A brief layman's answer to the questions:
1. Whet is an Indian tribe?
2. What is an Indian band?
3. Why is there an Indian Bureau?
4. What power has Congress over Indian affairs?
5. What power has Congress delegated to the Indian Bureau?
6. What power over Indians has Congress transferred to the States?
7. Are there actually any "Indians, not taxed?"
8. What state and federal taxes do Indians pay?
9. What is "Indian title" to land?
10. Do Indians generally own the minerals under their lands, and the forests on it?
11. What are: Allotments, patents in fee, restricted property?
12. Can an Indian reservation include coastal water rights?
13. What is tribal property?
14. Why has the government supervised the leasing of Indian land?
15. May Indian land be "condemned" for public use?
UNITED STATES INDIAN SERVICE
DEPARTMENT OF THE INTERIOR
J. A. KRUG, Secretary
UNITED STATES INDIAN SERVICE
WILLIAM ZIMMERMAN, JR., Assistant Commissioner
JOHN H. PROVINSE, Assistant Commissioner
Willard W. Beatty, Director
P. W. Danielson, Associate Director
Additional copes of this pamphlet may be obtained from
United States Indian service
Washington 25, D. C.
Haskell Institute, Lawrence, Kansas
HOW THIS BOOK CAME TO BE
This is the second of two pamphlets on The Indian and the Law, which between them review the high points of Felix S. Cohen's Handbook on Indian law. They are not exhaustive, but contain a basically correct interpretation of many puzzling questions about the legal status of the American Indian today. Each section summarizes a chapter in Cohen's Handbook, which can be referred to for more complete and exact information. There will be found amplification and profuse citations, as well as four chapters devoted to special problems of a few Indian tribes. Mr. Theodore H. Haas, Chief Counsel for the Indian Service, has prepared this material at my request during his week ends and holidays. He and I have worked together to simplify the language so as to bring the ideas as close to the understanding of a non-technical layman as possible. At the risk of lowering his prestige as a lawyer, Mr. Haas has permitted many of my suggested simplifications to stand, even though he recognized often that I was insisting upon the omission of some stray point that had no pertinence to the main argument, yet the omission of which might lead some carping critic to question his legal thoroughness.
The need for this book grows out of the fact that the status of the Indian today is the result of almost 400 treaties, and more than 5,000 federal statutes relating to Indians. This maze of Indian law was digested in 1937-38, through the efforts of Felix S. Cohen, Assistant Solicitor in the Department of Interior, with the assistance of Theodore H. Haas and others. The Handbook of Indian Law, issued by the Department of Interior in 1941, contains 662 thin but large size Pages of fine print. It is the final resort of those who want to know what is the law. This little pamphlet and its companion can only summarize the substance.
The Education Division of the Indian Service is thankful to Mr. Haas for having prepared this material for use in high schools of the Indian Service, and as an assistance to Tribal Council members and members of Indian tribes in their efforts to understand the legal structure of which they are a part.
Willard W. Beatty,
Director of Education.
|HOW THIS BOOK CAME TO BE||ii|
|FEDERAL POWER OVER INDIAN AFFAIRS||1|
|1. CONGRESS: Commerce With Indian Tribes||1|
|2. CONGRESS: Treaty-Making||1|
|3. CONGRESS: War||1|
|4. CONGRESS: Public Lands||2|
|5. CONGRESS: Tribal Property||2|
|6. CONGRESS: Individual Property||3|
|7. CONGRESS: Membership||5|
|8. CONGRESS: Boards||5|
|1. ADMINISTRATIVE: Establishment of Indian Bureau||5|
|2. ADMINISTRATION: Organization and Activities of Bureau||6|
|3. ADMINISTRATION: Source of Services to Indians||7|
|4. ADMINISTRATION: Delegation||8|
|5. ADMINISTRATION: Tribal Lands||9|
|6. ADMINISTRATION: Membership||10|
|Right of Discoverer to Lands||10|
|Rights of Individual Members in Tribal Property||10|
|Tribal Lands Sometimes Treated as public Lands||11|
|Ownership by More Than One Tribe||11|
|Title by Aboriginal Possession, Treaty, Statute and Purchase||11|
|Executive Order Reservations||12|
|Purchase of Land by Tribes||12|
|Extent of Tribal Rights in Land||13|
|Tribal Water Rights||13|
|Tribal Right vs. State Right in Navigable Waters||14|
|Tribal Right to Receive Funds-Claims||14|
|Tribal Right to Spend Funds in Treasury||15|
|INDIVIDUAL RIGHTS IN REAL PROPERTY||15|
|Patents in Fee||16|
|Ending of Allotment Policy||16|
|Freedom from Encumbrances||17|
|TRIBAL AND ALLOTTED LANDS--PROTECTION AND LEASING||17|
|Leasing of Indian Lands||17|
|Who Owns Improvements?||18|
|Sale of Trust Livestock||20|
|Condemnation of Indian Lands||20|
|Hunting and Fishing||21|
|Real Property Tax--Local, State and Federal||22|
|State Income Tax||23|
|State Gross Production Tax||23|
|State Inheritance Tax||23|
|State Sales Tax||23|
|State Personal Property Tax||23|
|Federal Income Tax||23|
|Federal Capital Gains Tax||24|
|Federal Estate Tax||24|
|Taxation of Tribal Enterprise||24|
|WHAT IS AN INDIAN TRIBE?||25|
|What is an Indian Band?||26|
|Capacity to Sue||29|
|INDIAN LIQUOR LAW||30|
|THE INDIAN AND THE STATE GOVERNMENT||32|
|RESERVED STATE POWER OVER INDIAN AFFAIRS||34|