Enter a name, company, place or keywords to search across this item. Then click "Search" (or hit Enter).
C.E. Kelsey Correspondence with A.L. Kroeber (1904, 1913-1914) (11 pages)
Go to the Archive Home
Go to Thumbnail View of this Item
Go to Single Page View of this Item
Download the Page Image
Copy the Page Text to the Clipboard
Don't highlight the search terms on the Image
Show the Page Image
Show the Image Page Text
Reset View and Center Image
Zoom Out
Zoom In
Rotate Left
Rotate Right
Toggle Full Page View
Flip Image Horizontally
More Information About this Image
Get a Citation for Page or Image - Copy to the Clipboard
Go to the Previous Page (or Left Arrow key)
Go to the Next Page (or Right Arrow key)
Page: of 11
G:-E. KELSEY
. “LAWYER
alfred L.Kroeber Papers
ROOMS 69-70 AUZERAIS BUILDING Bancroft Library
SAN JOSH, CAL.
Chey iy apa Talegyr
OE} Pose, Cad ti oy OGY 20, 1904.
A. LL. Kroeber, "sq.,
fan Francisco. Calif.
£9 Naar Sir:Yours of the 19%t1 reeeivea. IF fear that exact
information resardiv:; tie status of Indians in California, t: i
snip and right to vote coes not exist. there are no Ge '
have been able to .‘scover tiat confirm the Indian rights in any respect
The first constitution of California proscribed Inéians as voters. ,
In tne present constitution this provision was omitted but Indiaas are
not included amons those classes entitled to the elective traachise. Fhe
Supreme Court ot the Unito¢ States decided in 1684, [1k vs Wilkins 112
“ oe 9
Cc thoes wae sens wry + eI + = 2
U. Se 94 that Incians “lo had abandoned tribal relations anc acdoptec
civilized life must be naturalized to entitle them to vote. Our present
2 at . w ae) ced cae : 24. 7 2 2 2
constitutional provision limits the voting privilese to "native born
eitizens of the Unitee Gu.tee," ic those wo becane citizens under tie
syeaty wits ctexteo, (in. Faas aie net.) }
c
Gs , faa }o one those perscens Vio tave been
naturaliceé as citizeas of the Unitec States. fare 4s also an educational
requirement aacea a few years ago. J
Inéian citigeisip in several acts of
Indian must depend, watil rurtuer lewislation, is ti. act o2 ben. &, 1887,
24 Statutes at Large 390, as amencec by the ant of larch 3, 1901, Sl
Statutes ut Larsze 1447, th. Yacien born within the nen provices that "Every 1
territorinl Llinits of we unitec States to tlom allotments sliall Leve been
ay or trea, Weng every Indian born within
Unitea States who has voluntarily taken up,
te and apart from any tribe of
ed life," x x X
. ¢
‘There were several approaches toward
Con.ressbpuc te one vw On “si.ieh the
made uncer" ti:is aet or any 1
the territorial limits of the
within said limits, his resicence separa
Indians therein and has acopted the habits of civiliz
“ss hereby declared to be a citizen of the United States ang entitled to
all the righte, privileses and immunities of such citizens," whether such
Indian was by birth a member of a9 Indian tribe or nov. Jor. the intention
was evidently to make tle Inéian a citizen and a voter anc I am inclined
to think the provision quoted aceomvlishes it. But the Indian tiough a
native was not a native born citizenerd in pretty nearly all communities
he has not been allowed to vote. ‘iat the Courts wsoulé gecide I vould
not undertake to Sé@}’.vhe only @eecision tovehing tnis provision of law
Palivornia in People
tion but the
above quoged is in refcrence to the liquor lew or
to vote was not in ques vs Pray, 105 Calif. 344, the right
obiter dicta nfo tavorable to that right. It may aiso be a question
that is, if it requires some further act if the law is self executing,
ning if the Indian has actually adopted prescribing some means of ascertai:z
aians wlio have been civilized life. We Lave hoard of but very few In
allowed to register as voters, but there are some. I presume that if