INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF SIXTY-FIRST CONGRESS—SECOND SESSION, 1910.
CHAP. 21 | CHAP. 40 | CHAP. 129 | CHAP. 140 | CHAP. 146 | CHAP. 156 | CHAP. 187 | CHAP. 202 | CHAP. 203 | CHAP. 204 | CHAP. 233 | CHAP. 234 | CHAP. 257 | CHAP. 260 | CHAP. 264 | CHAP. 299 | CHAP. 310 | CHAP. 313 | CHAP. 315 | CHAP. 316 | CHAP. 327 | CHAP. 369 | CHAP. 384 | CHAP. 385 | CHAP. 400 | CHAP. 403 | CHAP. 405 | CHAP. 408 | CHAP. 431 | J. R. No. 3 | J. R. No. 5 | J. R. No. 20

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Chapter 310
Sections 19

Margin Notes
Chap. 310 Admission of new States. New Mexico. Constitutional convention.
Chap. 310 Religious freedom.
    36 Stat., 558.
Chap. 310 Polygamy and giving liquor to Indians prohibited.
Chap. 310 Pueblo Indian lands.
Chap. 310 Disclaimer of right to public or Indian lands.
    36 Stat., 559.
Chap. 310 Equality of taxation.
Chap. 310 Taxing lands of Indians not in reservations.
Chap. 310 Liquor prohibited on opened Indian reservations.
    36 Stat., 560.
Chap. 310 Consent to conditions of lands granted to State.
Chap. 310 Changes of foregoing forbidden.
Sec. 19 Arizona.
    36 Stat., 568.
Sec. 19 Constitutional convention.
Sec. 19 Election of delegates.
Sec. 19 Apportionment.
Sec. 19 Religious freedom.
    36 Stat., 569.
Sec. 19 Polygamy and giving liquor to Indians prohibited.
Sec. 19 Disclaimer of right to public or Indian lands.
Sec. 19 Equality of taxation.
    36 Stat., 570.
Sec. 19 Taxing lands of Indians not in reservations.
Sec. 19 Liquor to be prohibited on opened Indian reservations.
Sec. 19 Consent to conditions of land grants to State.
    36 Stat., 571.
Sec. 19 Changes of foregoing forbidden.

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Chapter 310
    June 20, 1910. [H. R. 18166.] | [Public, No. 219.] 36 Stat., 557.
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An act to enable the people of New Mexico to form a constitution and state government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and state government and be admitted into the Union on an equal footing with the original States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the qualified electors of the Territory of New Mexico are hereby authorized to vote for and choose delegates to form a constitutional convention for said Territory for the purpose of framing a constitution for the proposed State of New Mexico.


And said convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said State—

First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said State shall ever be molested in person

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or property on account of his or her mode of religious worship; and that polygamous or plural marriages, or polygamous cohabitation, and the sale, barter, or giving of intoxicating liquors to Indians and the introduction of liquors into Indian country, which term shall also include all lands now owned or occupied by the Pueblo Indians of New Mexico, are forever prohibited.1


1 U. S. v. Sandoval, 231 U. S., 28; Perrin v. U. S., 232 U. S., 478; U. S. v. Pellican, 232 U. S., 442.

Second. That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that until the title of such Indian or Indian tribes shall have been extinguished the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States; that the lands and other property belonging to citizens of the United States residing without the said State shall never be taxed at a higher rate than the lands and other property belonging to residents thereof; that no taxes shall be imposed by the State upon lands or property therein belonging to or which may hereafter be acquired by the United States or reserved for its use; but nothing herein, or in the ordinance herein provided for, shall preclude the said State from taxing, as other lands and other property are taxed, any lands and other property outside of an Indian reservation owned or held by any Indian, save and except such lands as have been granted or acquired as aforesaid or as may be granted or confirmed to any Indian or Indians under any act of Congress, but said ordinance shall provide that all such lands shall be exempt from taxation by said State so long and to such extent as Congress has prescribed or may hereafter prescribe.


Eighth. That whenever hereafter any of the lands contained within Indian reservations or allotments in said proposed State shall be allotted, sold, reserved, or otherwise disposed of, they shall be subject for a period of twenty-five years after such allotment, sale, reservation, or other disposal to all the laws of the United States prohibiting the introduction of liquor into the Indian country; and the terms “Indian” and “Indian country” shall include the Pueblo Indians of New Mexico and the lands now owned or occupied by them.

Ninth. That the State and its people consent to all and singular the provisions of this act concerning the lands hereby granted or confirmed to the State, the terms and conditions upon which said grants and confirmations are made, and the means and manner of enforcing such terms and conditions, all in every respect and particular as in this act provided.

All of which ordinance described in this section shall, by proper reference, be made a part of any constitution that shall be formed hereunder, in such terms as shall positively preclude the making by any future constitutional amendment of any change or abrogation of the said ordinance in whole or in part without the consent of Congress.


SEC. 19

That the qualified electors of the Territory of Arizona are hereby authorized to vote for and choose delegates to form a constitutional convention for said Territory for the purpose of framing a constitution for the proposed State of Arizona.


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And said convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said State—

First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship; and that polygamous or plural marriages, or polygamous cohabitation, and the sale, barter, or giving of intoxicating liquors to Indians, and the introduction of liquors into Indian country are forever prohibited.

Second. That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that until the title of such Indian or Indian tribes shall have been extinguished the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States; that the lands and other property belonging to citizens of the United States residing without the said State shall never be taxed at a higher rate than the lands and other property belonging to residents thereof; that no taxes shall be imposed by the State upon lands or property therein belonging to or which may hereafter be acquired by the United States or reserved for its use; but nothing herein, or in the ordinance herein provided for, shall preclude the said State from taxing as other lands and other property are taxed any lands and other property outside of an Indian reservation owned or held by any Indian, save and except such lands as have been granted or acquired as aforesaid or as may be granted or confirmed to any Indian or Indians under any act of Congress, but said ordinance shall provide that all such lands shall be exempt from taxation by said State so long and to such extent as Congress has prescribed or may hereafter prescribe.

Eighth. That whenever hereafter any of the lands contained within Indian reservations or allotments in said proposed State shall be allotted, sold, reserved, or otherwise disposed of, they shall be subject, for a period of twenty-five years after such allotment, sale, reservation, or other disposal, to all the laws of the United States prohibiting the introduction of liquor into the Indian country.

Ninth. That the State and its people consent to all and singular the provisions of this act concerning the lands hereby granted or confirmed to the State, the terms and conditions upon which said grants and confirmations are made, and the means and manner of enforcing such terms and conditions, all in every respect and particular as in this act provided.

All of which ordinance described in this section shall, by proper reference, be made a part of any constitution that shall be formed hereunder, in such terms as shall positively preclude the making by any future constitutional amendment of any change or abrogation of the said ordinance in whole or in part without the consent of Congress.

Approved, June 20, 1910.


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