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#1174351 --- 04/23/10 02:17 PM 1959 IRS Ruling Trust for NONCOMPETENT INDIANS
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
"Today, these Co-Dependant relationships thrive on endless federal funding, monetary and land payoffs in exchange for approval. This type of extortion for absolution still prevents the natural evolution of individual self-determination.

Any U.S. and Tribal agency that would offer or accept these New Deals are putting a price on the atrocities of past annihilation, present segregation, and future statistical genocide. The 1924 Indian Citizenship Act should have terminated and prevented further legislation from renewing any treaties or compensation. The Constitution should be allowed to protect the individual Indian Citizens as equals. "

The Emancipation of the 564 Tribes will only happen thru a President.

Congress, Judges, Tribal Counsels, Secretary of DOI, The BIA, US Senate Committee on Indian Affairs and the IRS will never end this nightmare. Everyone knows this has been wrong from the begining and continues in the courts today.

Only the President can END the Trust Responsibility.

*************************
1828 Webster American Dictionary definition Incompetence; 1) Inability; want of sufficient intellectual powers or talents; as the incompetency of infants or idiots.

Incompetent; 1) Wanting adequate powers of mind or suitable faculties; as an incompetent judge. Infancy, derangement, want of learning or dotage may render a person incompetent to fill an office or to transact business. 3) Wanting the legal or constitutional qualifications. A person convicted of a crime, is an incompetent witness in a court of law or equity. 4) Destitute of means; unable 5) Inadequate; insufficient; as incompetent testimony. 6) Unfit; improper; legally unavailable.


1982 American Heritage Dictionary definition Noncompetent or Incompetent; NOT Competent n. An Incompetent person

******************************************
Internal Revenue Service (I.R.S.) Revenue Ruling Published: 1959
Rev. Rul. 59-349, 1959-2 C.B. 16, 1959 WL 12225 (IRS RRU) Also Part II, Section 22(a); Regulations 118, Section 39.22(a)-1.)

Income directly derived from lands held in trust by the United States under section 1 of the Oklahoma Indian Welfare Act, the Act of March 2, 1931, as amended, and section 2 of the Act of June 20, 1936, as amended, is exempt from Federal income tax in line with the holding in Squire v. Horton Capoeman et ux., 351 U.S. 1, Ct. D. 1796, C.B. 1956-1, 605.

Squire v. Horton Capoeman et ux., 351 U.S. 1, Ct. D. 1796, C.B. 1956-1, 605. Where exemption from Federal income tax exists under any of the above-cited Acts, or under the General Allotment Act of February 8, 1887, as amended, such exemption will inure to the benefit of the Indian heirs and devisees by or for whom the property is held, regardless of whether their interest is entire or an undivided fractional interest, to the same extent and degree that the decedent would have enjoyed the exemption if he had been living. Advice has been requested as to the application of the decision in the case of Squire v. Horton Capoeman et ux., 351 U.S. 1, Ct. D. 1796, C.B. 1956-1, 605, to income directly derived from lands held by Indians under certain statutes discussed herein.

The Supreme Court of the United States held that the income in question received by the Noncompetent Indians was exempt from Federal income tax. The first question raised is whether income directly derived from property held by the United States in trust for Indian tribes and individual Indians is exempt from Federal income tax if such lands have been acquired under the provisions of the Oklahoma Indian Welfare Act, 25 U.S.C. 501.
Section 1 of the Oklahoma Indian Welfare Act, supra, reads, in part, as follows: The Secretary of the Interior is hereby authorized, in his discretion, to acquire by purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing Indian reservations, including trust or otherwise restricted lands now in Indian ownership:

http://www.irs.gov/pub/irs-tege/revenue_ruling_59-349.pdf

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#1174354 --- 04/23/10 02:23 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
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Registered: 12/19/04
Posts: 33816
Loc: USA
your point?
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#1175429 --- 04/27/10 07:23 AM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: bluezone]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5586
Loc: Greeneville, TN
Hello BZ:

Her point is that tribalism is based on the subjugation of Indians by dealing with them as incompetents, that tribal members do not have Constitutional rights, that the BIA should be eliminated, that there shouldn't even be a Federal Indian Policy and we should all be equal under the law.

Her post including an IRS ruling dealing with tribes as federal instrumentalities, and referring to tribal Indians as "incompetent" was included as an example of official use of the terms.

Her request, which I strongly support, is to write to the President requesting that he emancipate the tribes so that we can all be Americans as equals under the law.

I met with LeeAnn in D.C. this spring and do believe I posted her website a few months ago on some thread, but finding posts isn't easy.
http://leeannragains.com/default.html

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#1175816 --- 04/28/10 05:25 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: Rich_Tallcot]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
Thank you Rich, That is the point. Thank you for defending our Rights as Citizens. I found the 1959 IRS Ruling to be an important advantage. I have finally realized the reason why I was never expected to pay Taxes on my Per Capita checks.

It is the Supreme Court Ruling every American Indian Noncompetent in the 1796 Squire v. Horton Capoeman then all the awful legislation that continues WITHOUT a Competency Hearing being held for me. The Tribes and I have proven to be Competent Indians however, As long as we are unilaterally declared Incompetent then the Trust will continue. My rights as a Parent was ruled UNFIT by the 1978 Indian Child Welfare Act WITHOUT a Competency hearing for me.

Every legislative act and Supreme Court ruling demeans us and our children Incompetent 'til proven Competent????. Our 1924 Citizenship should have proven us competent and should have ENDED the Trust and the War Power of the Secretary as our Trustee. We are American Citizens not Incompetent Indians.

Suggestion: Champion the Indian Citizens for the Emancipation Proclamation as Equally Competent then IF the 564 Tribal Counsels do not agree then rally for the Tribes to pay the back Taxes since 1924? Our Citizenship should have declared us Competent from that time forward.

However, the Tribal Counsels that have encouraged the Separate but Still Not Equal legislation and Welfare Entitlements against the 1954 Separate but Equal is Unconstitutional Law then The Tribal Counsels should be held responsible for the continued Incompetent Dependent Indian Status and using us and our children as Hostages.

Thank you, Lee Ann


Edited by LeeAnnRagains (04/28/10 05:33 PM)

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#1176226 --- 04/30/10 02:37 AM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: Rich_Tallcot]
bluezone Offline
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Registered: 12/19/04
Posts: 33816
Loc: USA
Originally Posted By: Rich_Tallcot
Her request, which I strongly support, is to write to the President requesting that he emancipate the tribes so that we can all be Americans as equals under the law .



we would be stronger as one
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#1176227 --- 04/30/10 02:40 AM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
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Registered: 12/19/04
Posts: 33816
Loc: USA
Originally Posted By: LeeAnnRagains
Our 1924 Citizenship should have proven us competent and should have ENDED the Trust and the War Power of the Secretary as our Trustee. We are American Citizens not Incompetent Indians.

Thank you, Lee Ann


Thank you for the information
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#1176824 --- 05/02/10 12:39 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
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Registered: 12/19/04
Posts: 33816
Loc: USA
keep us posted
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#1177478 --- 05/03/10 04:40 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
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Registered: 12/19/04
Posts: 33816
Loc: USA
should they do away with the reservation system?
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#1177483 --- 05/03/10 04:56 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: bluezone]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
President Obama must issue the Executive Order for an Emancipation Proclamation to END the Trust Responsibility by releasing the Land & Money that is illegally being held by the Secretary of the DOI because;

The 1830 Indian Removal Act of War is over.

1924 American Indians are Competent Equal Citizens of the United States

1954 Segregation is unconstitutional

IF President Obama does NOT Emancipate the 564 Federally Recognized Tribes and their members from the Secretary of the DOI & BIA Trust Responsibility then President Obama endorses;

Civil Rights Violations against American Indians

Ethnic Profiling for Illegal Segregations of the 564 Federally Recognized Tribes, their members & potential members

FTC Anti-trust Violations

and

Tax Evasion that continues WITHOUT a competency hearing as Land is held in Trust for Incompetent Indians

Thank you, Lee Ann

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#1177815 --- 05/04/10 12:20 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
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Registered: 12/19/04
Posts: 33816
Loc: USA
if the trust land is released then would you be required to pay taxes on it?
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#1177866 --- 05/04/10 04:41 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: bluezone]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
Yes - the Tribes and each individual American Indian is Competent to pay every single Tax that is required of every American Citizen regardless of "color" or CDIB.

In these United States every Citizen is considered Competent 'til proven Incompetent. A Competency Hearing has never been held to justify the Illegal Trust Responsibility to hold the lands in a Trust nor to appoint the Secretary of the DOI as our Trustee.

We should no longer be considered Prisoners of the 1830 Indian Removal Act of War. The 1824 War Power of the War Department today gives the Secretary of the DOI "Cold War Power" over us, our children, our grand children and our great grand children.

We must be allowed to compete as Equals to PAY the Taxes required. We have been taught by our parents and we will continue to teach our children to uphold the laws that protect and defend our individual Constitutional Rights.

We are American Citizens and we have proven to be Equally Competent to manage our own land & money- The Secretary of the DOI should not be our Trustee.

Releasing the allotted lands and Individual Money Accounts to their Indian Owners will allow them to;

1) Have credible elections by allowing everyone that lives in the Reservation area to VOTE regardless of CDIB or "color"/Non-Indian status

2) To RE-invest in their local economy, to improve, lease or sale their own land WITHOUT Tribal or Secretary of the DOI with the BIA invasion because -today- they have to ASK PERMISSION.


The 1887 Dawes & 1906 Burke Acts limited the Trust Responsibility to END 25 yrs after the Reservation Lands were allotted. Which means the Burke Act should've ENDED in 1931.

Except, the 1924 Citizenship Act should have ENDED the Trust and the War Power of the Secretary as our Trustee.

Thank you for listening, Lee Ann

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#1178243 --- 05/05/10 02:32 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33816
Loc: USA
why are some tribes still wanting land to be put into trust?
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#1178392 --- 05/05/10 10:31 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: bluezone]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
Every Federally Recognized Tribe has Land that is being held in the Trust as a Tribe and for Individuals that were allotted lands = They Do Not have to pay Taxes or comply with State Laws because they are Not Competent. (see 1959 IRS Ruling)

A Competency Hearing - has never been held - to justify the Illegal Trust Responsibility to hold the lands in a Trust nor to appoint the Secretary of the DOI as our Trustee.

Therefore, the 564 Federally recognized tribes and their members are Incompetent and their children will never be Competent. That is why the DOI/BIA says "These Incompetent Dependent Federally Recognized Indians aren't smart enough to enter into a business contract on their own so the DOI Secretary, BIA, Senate Committe on Indian Affairs will have to approve all transactions between Incompetent Tribes & Dependent Individual Indians to do any business with rest of America."

Unless they have a State Compact, Oklahoma Tribes are only required to pay 50% of their Total Profits because the rest of the 50% is held in the Trust for those Incompetent Dependent Indians. see the video of the NewsOK interview:

"It’s still growing,” state Treasurer Scott Meacham said. "We don’t know where it’s going to top out at.”

Read more: http://newsok.com/oklahomas-gaming-share-grows/article/3383749#ixzz0n5zmr2CT

"Oklahoma’s 29 gaming tribes contributed nearly $106 million to the state in fiscal year 2009, according to the Office of State Finance. That figure was about $81 million the previous year."

Read more: http://newsok.com/oklahomas-gaming-share-grows/article/3383749#ixzz0n5uxMcBb


http://newsok.com/oklahomas-gaming-share-grows/article/3383749

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#1178568 --- 05/06/10 01:17 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33816
Loc: USA
would the tribes lose the opportunity to operate casinos?
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#1179566 --- 05/09/10 01:25 AM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: bluezone]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
IS the Casino located in a Gambling State?

Oklahoma is NOT a gambling State. However, the Democrats in the 1986 elections won 8 seats for the Majority to controll the Senate and gained 5 House seats. Then in 1988, Congress with the help of Tribal Lobbyist pressured President Reagan to sign the infamous Indian Gaming Regulatory Act.

Since then legalized gambling in Oklahoma has expanded to include the State Lottery and 3 race tracks to compete with the Tax Exempt Noncompetent Federally Recognized Indian Casinos.

The Secretary of the Interior has been Illegally appointed to be the Special Trustee with the Illegal responsibility to hold land & money in a Trust for Illegally declared Incompetent Indians.

Emancipation of the Tribes & their members & potential members would mean, that in a Gambling State, COMPETENT American Citizens must comply with all City, County, State & Federal Laws.



***********Illegal Unilateral Definitions of Incompetence;

B-5100, SEPTEMBER 12, 1939, 19 COMP. GEN. 343 INDIAN AFFAIRS - INDIANS - PAYMENTS TO INDIAN AGENCY SUPERINTENDENTS OF MONEYS DUE - ONCOMPETENT," "INCOMPETENT," AND "RESTRICTED" INDIANS DISTINGUISHED

THE ACT OF FEBRUARY 25, 1933, 47 STAT. 907, PROVIDING THAT UNDER SPECIFIED CONDITIONS, MONEY ACCRUING FROM A GOVERNMENTAL AGENCY TO "INCOMPETENT ADULT INDIANS, OR MINOR INDIANS, WHO ARE RECOGNIZED WARDS OF THE FEDERAL GOVERNMENT," MAY BE PAID "TO SUCH SUPERINTENDENT * * * OF THE INDIAN SERVICE AS THE SECRETARY OF THE INTERIOR SHALL DESIGNATE, FOR THE USE OF SUCH BENEFICIARIES, OR TO BE PAID TO OR USED FOR, THE HEIRS OF SUCH DECEASED BENEFICIARIES," IS A GENERAL STATUTE DEALING WITH UNRESTRICTED PERSONAL PROPERTY OF INDIANS AND THE TERM "INCOMPETENT" AS USED THEREIN SHOULD BE GIVEN ITS GENERAL LEGAL MEANING AS INDICATING A PERSON WHO BY REASON OF NONAGE, DISEASE, WEAKNESS OF MIND, OR OTHER CAUSE, IS UNABLE TO MANAGE HIS OWN AFFAIRS, AND IN THE ABSENCE OF A SHOWING THAT AN INDIAN WAS IN FACT AN "INCOMPETENT" ADULT INDIAN, PAYMENT OF AN AMOUNT DUE HIS ESTATE TO THE SUPERINTENDENT OF THE INVOLVED INDIAN AGENCY IS NOT AUTHORIZED UNDER SAID ACT, THE FACT THAT THE INDIAN WAS A WARD OF THE FEDERAL GOVERNMENT AND THAT IT APPEARS HE DIED POSSESSED OF A TRUST ALLOTMENT OF LAND, AND OF ADDITIONAL RESTRICTED PROPERTY NONE OF WHICH COULD BE ALIENATED WITHOUT THE CONSENT OF THE SECRETARY OF THE INTERIOR, NOT BEING SUFFICIENT TO ESTABLISH THAT HE WAS AN "INCOMPETENT ADULT" INDIAN WITHIN THE REQUIREMENT OF THE ACT. TERMS "NONCOMPETENT," ,INCOMPETENT," AND "RESTRICTED" AS USED IN STATUTES RELATING TO INDIANS, DISTINGUISHED.




... ACCORDING TO THE RECORD BEFORE US, JAMES SEELATSEE APPARENTLY WAS AN ADULT AT THE TIME OF HIS DEATH; THEREFORE, THE ONLY QUESTION REQUIRING FURTHER COMMENT IS WHETHER OR NOT HE WAS IN FACT AN INCOMPETENT INDIAN. THE ACTING COMPTROLLER GENERAL'S OPINION OF AUGUST 3, 1925 (5 COMP. GEN. 86), IS PERTINENT. THE SAME READS IN PART AS FOLLOWS:

"* * * IT MAY BE STATED AS A GENERAL RULE THAT THE GRANTING OF CITIZENSHIP TO INDIANS DOES NOT ALTER THE RELATIONSHIP OF GUARDIAN AND WARD BETWEEN SUCH INDIANS AND THE FEDERAL GOVERNMENT IN A CASE WHERE PROPERTY IS HELD IN TRUST FOR THEM, OR THEY ARE LIVING ON A RESERVATION SET ASIDE FOR THEIR USE, OR ARE MEMBERS OF A TRIBE OR NATION ACCORDED CERTAIN RIGHTS AND PRIVILEGES BY TREATY OR BY FEDERAL STATUTES. BUT WHERE THE INDIAN HAS NO PROPERTY HELD IN TRUST, HAS NEVER LIVED ON AN INDIAN RESERVATION, BELONGS TO NO TRIBE WITH WHICH THERE IS AN EXISTING TREATY, HAS ADOPTED THE HABITS OF CIVILIZED LIFE AND HAS BECOME A CITIZEN OF THE UNITED STATES BY VIRTUE OF AN ACT OF CONGRESS, THERE WOULD APPEAR TO BE NO RELATION OF GUARDIAN AND WARD EXISTING BETWEEN HIM AND THE GOVERNMENT. * * *"



...THE TERMS "RESTRICTED," "NONCOMPETENT," OR "INCOMPETENT" HAVE BEEN USED BY THIS DEPARTMENT AS HAVING AN IDENTICAL MEANING; THAT IS, THE DESIGNATION OF A PERSON HOLDING LAND WHICH CANNOT BE ALIENATED EXCEPT UNDER THE PROVISIONS OF THE ACT OF CONGRESS GOVERNING. IN UNITED STATES V. NEZ PERCE COUNTY, IDAHO, 267 FED. 495, IT WAS HELD THAT THE TERMS "NONCOMPETENT" AND "INCOMPETENT" ARE INCLUSIVE OF ALL INDIANS WHO ARE WITHOUT FULL POWER TO ALIENATE THEIR PROPERTY.

AN "INCOMPETENT" INDIAN MEANS, AS UNDERSTOOD BY THIS DEPARTMENT, A PERSON NOT DECLARED INCOMPETENT BY A COURT, BUT AN INDIAN WHOSE LAND IS HELD BY HIM SUBJECT TO TRUST OR RESTRICTIONS UNDER SOME ACT OF CONGRESS. UNTIL A PATENT IN FEE OR CERTIFICATE OF COMPETENCY IS ISSUED BY THE SECRETARY OF THE INTERIOR, AN INDIAN, REGARDLESS OF HIS MENTALITY, IS NOT "COMPETENT" WITH REGARD TO HIS RESTRICTED OR TRUST ALLOTMENT. ADJUDICATIONS BY STATE COURTS, WITH SOME POSSIBLE EXCEPTIONS AS TO THE OSAGE RESERVATION AND THE FIVE CIVILIZED TRIBES, OF THE INCOMPETENCY OF INDIANS HAVE NO EFFECT UPON THEIR RESTRICTED OR TRUST REAL AND PERSONAL ESTATES.

NO DOUBT THE ACT OF FEBRUARY 25, 1933, SUPRA, SUGGESTS AN EXPEDIENT COURSE OF ACTION FOR THE VARIOUS FEDERAL AGENCIES IN DISTRIBUTING SUMS OF MONEY WHICH DO NOT WARRANT SEPARATE ADMINISTRATION IN THE STATE COURTS. THE HEIRS OF JAMES SEELATSEE WILL BE DETERMINED BY THE SECRETARY OF THE INTERIOR UNDER THE ACT OF CONGRESS, DATED JUNE 25, 1910 (36 STAT. 855), AS AMENDED BY THE ACT OF FEBRUARY 14, 1913 (37 STAT. 678). UPON FINAL ACTION ON THE CASE OF JAMES SEELATSEE BY THE DEPARTMENT, THE SUPERINTENDENT OF THE YAKIMA AGENCY WILL BE FORWARDED A COPY OF THE DECISION AND THE PROPERTY DISTRIBUTED IN ACCORDANCE THEREWITH. IT IS REQUESTED THAT THE MERITS OF THE CLAIM ABOVE-MENTIONED BE REEXAMINED BY YOUR OFFICE.

http://bulk.resource.org/courts.gov/juris/j0210_47.sgml

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#1180060 --- 05/10/10 03:54 AM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33816
Loc: USA
Originally Posted By: LeeAnnRagains
Emancipation of the Tribes & their members & potential members would mean, that in a Gambling State, COMPETENT American Citizens must comply with all City, County, State & Federal Laws.



having voting rights should remove the incompetent aspect
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#1180585 --- 05/11/10 05:04 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: bluezone]
LeeAnnRagains Offline
Member

Registered: 04/23/10
Posts: 192
Loc: Kingfisher, OK
NO IT DOES NOT - Please read the Case points of "THE ACTING COMPTROLLER GENERAL'S OPINION OF AUGUST 3, 1925" - today Indian Incompetence is being perpetuated by; Tribal Counsels, Congress & Judges in the Courts regardless of our Citizenship living on the Rez or NOT. The 1978 Indian Child Welfare Act declared me UNFIT without a Competency Hearing to be held for me.

IF we are enrolled in a Federally Recognized Incompetent Dependent Tribe then the Tribal Counsel will determine IF you have the "allotment right" to vote. Example: The Osage had 15,000 members but only 3,000 are allowed to vote. The rest of the 12,000 are used to increase the Federal funding and have no representation to vote while election fraud is rampant.

The illegal declaration of Incompetence has been extended more today because of all the awful legislation by; DOI, BIA, Senate Committee on Indian Affairs and Corrupt Tribal Counsels that want to controll & enroll us and our children.

The June 2, 1924 Citizenship Act granted, “All Indians born within the territorial limits of the United States are citizens of the United States (43 STAT. L. 253).

However, American citizenship did not free nor has it freed the enrolled members of federally recognized tribes from their "Enrolled Incompetent Dependent Ward" status. This status supersedes citizenship and continues to demean the American Indian as nothing more than an incompetent dependent.



*****This PROVES the ILLEGAL continued declaration of the 1830 Indian Removal Act of War to continue the Illegal War Power of the Illegal Trust Responsibility of the Secretary as the Illegal Special Trustee and the Illegal Unilateral declaration of Incompetent Indians 14 months after Citizenship was granted to all American Indians**********



... ACCORDING TO THE RECORD BEFORE US, JAMES SEELATSEE APPARENTLY WAS AN ADULT AT THE TIME OF HIS DEATH; THEREFORE, THE ONLY QUESTION REQUIRING FURTHER COMMENT IS WHETHER OR NOT HE WAS IN FACT AN INCOMPETENT INDIAN.


THE ACTING COMPTROLLER GENERAL'S OPINION OF AUGUST 3, 1925 (5 COMP. GEN. 86), IS PERTINENT. THE SAME READS IN PART AS FOLLOWS:



"* * * IT MAY BE STATED AS A GENERAL RULE THAT THE GRANTING OF CITIZENSHIP TO INDIANS DOES NOT ALTER THE RELATIONSHIP OF GUARDIAN AND WARD BETWEEN SUCH INDIANS AND THE FEDERAL GOVERNMENT IN A CASE WHERE PROPERTY IS HELD IN TRUST FOR THEM, OR THEY ARE LIVING ON A RESERVATION SET ASIDE FOR THEIR USE, OR ARE MEMBERS OF A TRIBE OR NATION ACCORDED CERTAIN RIGHTS AND PRIVILEGES BY TREATY OR BY FEDERAL STATUTES.

...THE TERMS "RESTRICTED," "NONCOMPETENT," OR "INCOMPETENT" HAVE BEEN USED BY THIS DEPARTMENT AS HAVING AN IDENTICAL MEANING; THAT IS, THE DESIGNATION OF A PERSON HOLDING LAND WHICH CANNOT BE ALIENATED EXCEPT UNDER THE PROVISIONS OF THE ACT OF CONGRESS GOVERNING. IN UNITED STATES V. NEZ PERCE COUNTY, IDAHO, 267 FED. 495, IT WAS HELD THAT THE TERMS "NONCOMPETENT" AND "INCOMPETENT" ARE INCLUSIVE OF ALL INDIANS WHO ARE WITHOUT FULL POWER TO ALIENATE THEIR PROPERTY.

AN "INCOMPETENT" INDIAN MEANS, AS UNDERSTOOD BY THIS DEPARTMENT, A PERSON NOT DECLARED INCOMPETENT BY A COURT, BUT AN INDIAN WHOSE LAND IS HELD BY HIM SUBJECT TO TRUST OR RESTRICTIONS UNDER SOME ACT OF CONGRESS. UNTIL A PATENT IN FEE OR CERTIFICATE OF COMPETENCY IS ISSUED BY THE SECRETARY OF THE INTERIOR, AN INDIAN, REGARDLESS OF HIS MENTALITY, IS NOT "COMPETENT" WITH REGARD TO HIS RESTRICTED OR TRUST ALLOTMENT. ADJUDICATIONS BY STATE COURTS, WITH SOME POSSIBLE EXCEPTIONS AS TO THE OSAGE RESERVATION AND THE FIVE CIVILIZED TRIBES, OF THE INCOMPETENCY OF INDIANS HAVE NO EFFECT UPON THEIR RESTRICTED OR TRUST REAL AND PERSONAL ESTATES.

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#1181081 --- 05/12/10 10:10 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: LeeAnnRagains]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33816
Loc: USA
why are there not large numbers protesting to change this?
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#1183804 --- 05/21/10 04:52 AM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: bluezone]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5586
Loc: Greeneville, TN
Originally Posted By: bluezone
why are there not large numbers protesting to change this?
Quite simply because members are subjugated to the tribal government.

Below are links to one of UCE's information meetings back in 1999.

Reservations about Reservations Part 1 Scott Kayla Morrison
http://www.youtube.com/watch?v=c7ezbwyZobg

Reservations about Reservations Part 2 Scott Kayla Morrison
http://www.youtube.com/watch?v=hYcgLvSHosw

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#1184310 --- 05/22/10 02:56 PM Re: 1959 IRS Ruling Trust for NONCOMPETENT INDIANS [Re: Rich_Tallcot]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 33816
Loc: USA
thanks for the information
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