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Not “Civilized” Enough to Be Taxed: Indigeneity, Citizenship, and the 1919 Alaska School Tax

Published online by Cambridge University Press:  02 November 2022

Maximilien Zahnd
Maximilien Zahnd*
Affiliation:
postdoctoral associate at the Centre for Socio-Legal Studies, University of Oxford, Oxford, UK (maximilien.zahnd@csls.ox.ac.uk).
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Abstract

In 1919, the Territory of Alaska enacted a tax to finance its school system, in which Native children could attend public schools alongside non-Native children only if they were “of mixed blood” and led “a civilized life.” As originally enacted, the scope of the tax included every man within a certain age bracket, meaning that all Native men would have been required to pay a tax designed to finance a racist and discriminatory policy. However, the Alaska governor and his attorney general quickly decided to narrow the scope of the tax to Natives who were either “civilized” settler colonial subjects or “uncivilized” workers in settler spaces. But what did this revised scope reflect? This article uses the history of the 1919 Alaska school tax to unpack the role of tax law in shaping subaltern political and sociocultural identities. It argues that the tax provided two of the territory’s most powerful men an opportunity to express and reinforce their ideological views on indigeneity. The tax also helped them advance settler colonialism, both by ensuring that segregated territorial schools would thrive and by crafting a legal instrument that allowed them to decide who was “civilized” enough to be a taxpayer.

Type
Articles
Information
Law & Social Inquiry , Volume 48 , Issue 3 , August 2023 , pp. 937 - 970
Copyright
© The Author(s), 2022. Published by Cambridge University Press on behalf of the American Bar Foundation

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Footnotes

This article is a revised essay taken from my JSD dissertation at Berkeley Law. I thank Mark Gergen, Shari Huhndorf, Leti Volpp, and Elizabeth Walsh for their support, generous feedback, and guidance in designing and developing this study. Many thanks to Catherine Albiston, Hana Ivanhoe, Jeff Vance Martin, Nathan Sayre, Karen Seif, Dina Waked, and the anonymous peer reviewers for their helpful comments on previous drafts. I am also grateful for the comments I received from the participants of the 2019 Law and Society Annual Meeting, the CSLS Socio-Legal Discussion Group at the University of Oxford, and the Visiting Colloquium at the Sciences Po Law School. All remaining errors are my own.

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