Copy of a Memorandum from the Senate Report 5013
This item is a memorandum regarding the distinction between personal wardship and property wardship with regards to the Act of March 3, 1901(31 Stat. 1058).
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OCR Page 1 of 5-4-
of the Indian is a question determinable by Congress alone.
This is conclusive that Congress in making the Indian a
citizen, by the act of 1901, did not discharge him from its
wardship for protection of his property against his own
improvidence.
Neither Congress nor the Department has "ignored
entirely this established citizenship, but has merely con-
tinued the national guardianship of the Indian's property,
acting, as to property, it is true, "along the same lines
as
were followed before said act was passed,' because as to
property the guardianship of the nationi has never been released
by Congress.
The confusion of ideas evidenced by the Court
(No. 5013, Senate, 59th Cong., 2d Sess.) probably arises from
the decision in Matter of Heff (197 U. S., 488), which related
wholly to the effect of political amancipation of Indian
allottees under the general allotment act of February 8, 1887
(24 Stat., 388). Thay became citizens by taking allotments.
The court held that they thereby becane discharged from
police regulation of Congress and subject alone to police
protection of the State as to sale of intoxicating liquors,
becaise the police power over citizens was not severable and
could not be exercised by botheState and federal authorities.
But United States y Rickert (188 U. S., 431) was cited and
expreasly approved as present law, saying (197 U. 8., 509):
We sustained the right of the Government to protect
the lands thus allotted and patented from any incumbrance of
State taxation.
Congress may enforce and protect
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