Fink v. Board of Comm'rs of Muskogee Cty.

Citations

• 248 U.S. 399
• 39 S. Ct. 128
• 63 L. Ed. 324
• 1919 U.S. LEXIS 2283

Syllabus

<p>Through the Act of May 27, 1908, c. 199, 35 Stat. 312, restrictions on alienation were removed from a Creek Indian allotment which, under the Creek Supplemental Agreement of June 30, 1902, c. 1323, § 16, 32 Stat. 500, and the Oklahoma Enabling Act and Constitution, was exempt from taxation. The Act of 1908 provides “that all land from which restrictions have been or shall be removed shall be subject to taxation,” etc. Upon conveyance by the allottee, held, that the tract was subject to state taxation in the hands of the grantees, for by taking their title under the Act of 1908 they took subject to its conditions and policy. P. 402.</p> <p>The Act of May 27, 1908, supra, granting the right of alienation, invades no right of the Indian in making the exercise of that right a surrender of the exemption from taxation. P. 404.</p> <p>Quozre as to how far a grantee of an Indian may avail himself of the Indian’s right to assert the unconstitutionality of an act of Congress. P. 405.</p>