THEATTORNEYGENERAL
OF TEXAS
AUSTXN I,.TEXAS
PRICE DANIEL
ATTORNEY m3Nlm.u
August 23, 1948
Ron. J. S. Hollernan Opinion MO. V-664
District Attorney
Montgomery County Re: Eligibility of Indians
Conroe, Texas to vote without paying
poll tax.
Dear Sil.:
We refer to your letters and inquiry by tele-
phone in which you submit the following:
"Can Indian citizens of the State of
Texas, between the ages of 21 and 60 years
of age, vote without paying a poll tax?
"The Indians under consideration live
on the Indian Reservation located in Polk
County, Texas. It is my understandinS that
they are supported by both the State and
the Federal Government."
The Southwestern Historical Quarterly, Vol-
ume 36, page 83, et seq., in the Archives Division of
the St~ateLibrary, contains a comprehensive history of
the Indians in PolkaCounty, from which WC Sather the
following:
Near the Big Thicket in Polk County, Texas,
11~0s~a small remnant of the Alibimu and Koasattis
Indians--commonly known as .Alabamasand Coshattis. The
two tribes are related. Shortly before the battle of
San Jacinto the Alabamas moved into Louisiana as the
army and people were fleeing eastward. The Coshattis
remained in their village on the Trinity. Tho Alabsmas
returnod to their village after tho war was over. Nei-
ther the Alabamas nor Coshattls took any part in the
war. p. 92.
In 1840 the Texas Congress granted two leagues
of land on the Trinity to each of the tribes, all of
which was taken from them by white settlers. The Indians
became landless and homeless wanderers. p. 95.
Hon. J. S. Rollernan- Pago 2 (V-664)
After the annexation of Texas, although the
United States assumed responsibility for the Indians
within the State, these bands of Alabsmas and Coshat-
tie remained under the protection of the State govern-
ment. p. 96.
Evidenced by a deed recorded in Rook D,pagea
432-3, Deed Records of Polk County, Texas, the State
purchased 1280 acres of land in Polk County in 1854,
which *as conveyed to the Indians tax free and,inalien-
able. Three hundred and thirty Alabama Indians were
settled on the land in 1854 and 1855. p. 98. About
ten Coshattis settled in Polk County. The remainder of
the tribe was scattered around Polk and Liberty Coun-'
ties, disorganized and broken in spirit. The whole num-
ber of thattribe in Texas at that time did not exceed
80. p. 100. The 1930 census shows 230 Indians then in
Polk County.
In 1928,the United States purchased 3071 acres
of land in Polk County adjoining their original preserve
to be held in trust for the,Alabama Indians of Texas~.
Vol. 88, page x)9, Deed Records, Polk County.
The United States undertook to pay $2000.00
per year for the schooling of said Indians. The fore-
going poses the question as to what constitutes an "In-'
dianReservation". It is common knowledge that "Indian
Reservations" are areas which were reserved to Indians.
in treaties between the United States and the Indian
tribes. The United States did not'own any land in Texas
to "reserve" for Indian tribes.
April 29, 1846, the Legislature of Texas adopt-
i.:ed:a
concurrent resolution which reads in part:.
“We recognize no title ,i.nthe Indian
":;!Tribesresident within the limits of the State
,?to any portion of the soil thereof; and we
'~reco&zze na right in the government of the
United Stateato make any treaty of limits
'with the Indian tribes."
Prior to June 16, 1906, Indian Territory and
'bklahomaTerritory existed as territories of the United..
States without status as states. On that date said ter-
&tories were consolidated as a single unit in the name
of;,&lahoma and by that name admitted to statehood.
Hon. J. S. Uolleman - Page 3 (V-664)
!'!ith
the exception of the small,remnant of the Alabsmas
and Coshattis, the Toxaa Indians were moved to the lands
reserved for them in said,territories and in New Mexico,
which was also such a territory at the time the Indians
were placed in Reservations by the United States.
L'eare informed by the State Department of
Eduoation that the Alabama and Coshatti Indians have
availed themselves of the Texas school laws and organ-
ixed~lndian Independent School District in Polk County;
they enumerated 113 scholastics for the presently ensu-
ing school term. $6215.00 of tho State available school
fund was apportioned to tho district. $1.80 per capita
of tho 113 scholastics is applied to school administra-
tion in Polk County.
The Alabsma and,Coshatti Indians in Polk Coun-
ty were all born in Polk County, Texas.
Section 1 of Article VI of the Texas Constitu-
tion enumerates the classes of persons'who are prohibit-
ed from voting inelections in Texas. Indians are not
prohibited.
Section 2 of said Article VI oftthe Texas Con-
stitution specifies classes who may voter The perti-
nent part of it reads:
to none of the fora-
, who shall have attain-
ed the age of twenty-one years and who shall be
a citizen of the United States and who shall
ze,r'e;;;I'd in thi State one year next preced-
lng an eleotlon andsthe last six months within
h 1 t or county in which such person of-
fers to vote, shall be deemed a qualified elec-
tor: ~. . . and orovided further. that any voter
who7is subject 50 pay a poll tax under the laws
of the State of Texas shall have paid said tax
before offering to vote at any election in this
State and hold a receipt showing that said poll
tax was paid before the first day of February
next preceding such election . . ~. And this
provision of the Constitution shall be self-
enacting without the necessity of further leg-
islation.? (%phasis added)
. a
Hon. J. S. !iollemnn- Pa6e 4 ('I-6G4)
In Totus v. Unltod States 39 Fed. Supp. 7
(1941) '70members of an Indian tribe qucstioncd the
ri,ghtof the