sons upon lands held by them under the laws of the United States,' as personal property. But that classification cannot apply to permanent improvements upon lands allotted to and occupied by Indians, the title to which remains with the United States, the occupants still being wards of the nation, and as such under its complete authority and protection. The fact remains that the improvements here in question are essentially a part of the lands, and their use by the Indians is necessary to effectuate the policy of the United States."

With reference to the personal property provided the allottees, the court declare: "The answer to this question is indicated by what has been said in reference to the assessment and taxation of the land and in the permanent improvements thereon. The personal property in question was purchased with the money of the government, and was furnished to the Indians in order to maintain them on the land allotted during the period of the trust estate, and to induce them to adopt the habits of civilized life. It was, in fact, the property of the United States, and was put into the hands of the Indians to be used in execution of the purpose of the government in reference to them. The assessment and taxation of the personal property would necessarily have the effect to defeat that purpose."

Finally, with reference to the question whether the United States had a sufficient interest in the matter to entitle it to bring suit, the opinion declares: "In view of the relation of the United States to the real and personal property in question, as well as to these dependent Indians still under national control, and in view of the injurious effect of the assessment and taxation complained of upon the plans of the government with reference to the Indians it is clear that the United States is entitled to maintain this suit. No argument to establish that proposition is necessary."

In Re Hoff,36 decided in 1905, however, the court held that an Indian to whom an allotment under the Act of 1887 had been made, and who, by that act, had been granted the privilege of citizenship, and given the benefit of, and subjected to, the civil 26 197 U. S. 488; 25 Sup. Ct. Rep. 506; 49 L. ed. 848.

and criminal laws of the State in which he resided, was a member of the citizen body of that State, and no longer under such federal control as to empower Congress, under the Commerce Clause, to penalize the sale within the State of liquor to him.

37 After a review of the recent legislation of Congress dealing with the Indian, and a consideration of the police powers reserved to the States, the court say: "But it contended that, although the United States may not punish under the police power the sale of liquor within a State by one citizen to another, it has power to punish such sale if the purchaser is an Indian. And the power to do this is traced to that clause of § 8, Art. 1, of the Constitution which empowers Congress to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.' It is said that commerce with the Indian tribes includes commerce with the members thereof, and Congress, having power to regulate commerce between the white men and the Indians, continues to retain that power, although it has provided that the Indian shall have the benefit of and be subject to the civil and criminal laws of the State, and shall be a citizen of the United States, and therefore a citizen of the State. But the logic of this argument implies that the United States can never release itself from the obligations of guardianship; that, so long as an individual is an Indian by descent, Congress, although it may have granted all the rights and privileges of national, and therefore state, citizenship, the benefits and burdens of the laws of the State, may at any time repudiate this action and reassume its guardianship, and prevent the Indian from enjoying the benefit of the laws of the State and release him from obligations of cbedience thereto. Can it be that because one has Indian, and only Indian, blood in his veins, he is to be forever one of a special class over whom the General Government may, in its discretion, assume the rights of guardianship which it has once abandoned, and this whether the State or the individual himself consents? We think the reach to which this argument goes demonstrates that it is unsound. But it is said that the government has provided that the Indian's title shall not be alienated or encumbered for twenty-five years, and has also stipulated that the grant of citizenship shall not deprive the Indian of his interest in tribal or other property; but these are mere property rights, and do not affect the civil or political status of the But the fact that property is held subject to a condition against alienation does not affect the civil or political status of the holder of the title. Many a tract of land is conveyed with conditions subsequent.

allottees.

But it is unnecessary to pursue this discussion further. We are of the opinion that, when the United States grants the privileges of citizenship to an Indian, gives to him the benefit of, and requires him to be subject to, the laws, both civil and criminal, of the State, it places him outside of police regulations on the part of Congress; that the emancipation from federal control is not affected by the fact that the lands it has granted to the Indian are granted subject to a condition against alienation and encumbrance, or the further fact that it guarantees to him an interest in tribal or other property."

The last acts of Congress in this history of its purpose to assimilate the tribal Indians into the general citizen body of the nation are two statutes enacted in 1906.

By an act approved April 26, 1906, provision is made for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory. In this statute rules are laid down for determining tribal membership; the removal of chiefs for non-performance of duties prescribed by the act; the transfer of tribal schools to the control of the Secretary of Interior; for the collection of tribal revenues by officers appointed by the Secretary; the abolishment of tribal taxes; the disposition of tribal buildings and other property; the sale of unallotted lands; the per capita distribution of tribal funds; the prohibition for a period of twenty-five years of the sale or encumbering by Indians of lands allotted to them (though leases may be entered into, except homesteads, with the approval of the Secretary of the Interior); that all lands, thus restricted, shall be exempt from taxation as long as the title remains in the original allottee.38

33 Sections 27 and 28 provide as follows:

"Sec. 27. That the lands belonging to the Choctaw, Chickasaw, Cherokee, Creek, or Seminole tribes, upon the dissolution of said tribes, shall not become public lands nor property of the United States, but shall be held in trust by the United States for the use and benefit of the Indians respectively comprising each of said tribes, and their heirs as the same shall appear by the rolls as finally concluded as heretofore and hereinafter provided for: Provided, That nothing herein contained shall interfere with any allotments heretofore or hereafter made or to be made under the provisions of this or any other Act of Congress.

"Sec. 28. That the tribal existence and present tribal governments of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes or nations are hereby continued in full force and effect for all purposes authorized by law, until otherwise provided by law, but the tribal council or legislature in any of said tribes or nations shall not be in session for a longer period than thirty days in any one year: Provided, That no act, ordinance, or resolution (except resolutions of adjournment) of the tribal council or legislature of any of said tribes or nations shall be of any validity until approved by the President of the United States: Provided further, That no contract involving the payment or expenditure of any money or affecting any property belonging to any of said tribes or nations by them or any of them or by any officer thereof, shall be of any validity until approved by the President of the United States."

By an act approved May 8, 1906, Section 6 of the Act of 1887 is amended so as to read as follows: "Sec. 6. That at the expiration of the trust period and when the lands have been conveyed to the Indians by patent in fee, as provided in section five of this Act, then each and every allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made and who has received a patent in fee simple under the provisions of this Act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up within said limits his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property: Provided, That the Secretary of the Interior may, in his discretion, and he is hereby authorized, whenever he shall be satisfied that any Indian allottee is competent and capable of managing his or her affairs at any time to cause to be issued to such allottee a patent in fee simple, and thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed and said land shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent: Provided further, That until the issuance of fee-simple patents all allottees to whom trust patents shall hereafter be issued shall be subjected to the exclusive jurisdiction of the United States: And provided further, That the provisions of this Act shall not extend to any Indians in the Indian Territory."

The Enabling Act of June 6, 1906, providing for the admission of the Territories of Oklahoma and Indian Territory as the State

39 34 Stat. at L. 182.

of Oklahoma, provided: "That nothing contained in the said Constitution [of Oklahoma] shall be construed to limit or impair the rights of person or property pertaining to the Indians of said Territories (so long as such rights shall remain unextinguished) or to limit or affect the authority of the Government of the United States to make any law or regulation respecting such Indians, their lands, property, or other rights by treaties, agreement, law, or otherwise, which it would have been competent to make if this act had never been passed."