Carter v. Collins

McNEILL, C. .1.

(dissenting). This case involves the question of a refund of gross production taxes exacted from Indian land while exempt from taxation.

Plaintiff invoked our original jurisdiction in mandamus' to compel the State Auditor to refund the gross production taxes in question, which had been levied and collected on the production of oil and gas from certain lands allotted to plaintiff while he was the owner thereof. Plaintiff was a citizen by blood of the Choctaw Nation, being a 1/32 quantum of Indian blood. The taxes covered the years from 1917 to 1923, inclusive,, and amounted to…