The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1900-08-17
Indian Land Titles.


TIL decision of Judge Williamson
in regard to the descent of title to
lands in the Puyallup Indian reser-
walton is strictly in accord with the
rulings of the interior department and
the apartment of justice, and in ac-
cord with the long established policy
of the government. 1t in no way
disturbs titles, but on the contrary,
the tendency of it will be to allay, ap-
prehension where any has existed.
The treaty under and by virtue if
which the lands in this reservation
we're allotted, among other things, that
title in case of the death Of any mem
Der of family, should descend accor-
ding 10 rules prescribed by the psesi-
dent. The president subsequent, di-
rected that the statutes of the state in
which the lads were situated should
govern. The law of inheritance for
the Puyallups is therefore the same as
all other people of the state of Wash
ington. The only difference is in the
mode of administering it. The act OF
Congress of March 8, 1893, created
commission one of the duties VIII ich
was to determine who were the heirs
of the deceased Indians, instead of
leaving this TO be decided by the pro-
bate court. Under this act this COM
plete history OF each of the allotments
which amounts to an abstract of title,
as complete and perfect as can be
made.
The suit decided by Judge William
son was brought by an allottee who
sought to dispossess the sons Of his
deceased wife, by former marriage,
from their inheritance of her interest.
Under our community property law
there can be no doubt that her inter-
est, whatever it was went to them.
But it was set up that because the
patent run "to George Bird, as the
head of family consisting of himself
and Mary" that the title rested in him
only, and that she really had no in
terest which her heirs could inherit.
This Judge Williamson holds is not
the case. He holds as the govern
ment has always held, that the treaty
being supreme law of the land, must
govern, and that under it each MEM
Der of family must share equally
with all the others in the family allot-.
ment, and that their several interests,
in case OF death, descend according to
the rule prescribed by the president,
which is the rule prescribed by statute.
Even if he had decided otherwise the
title to lands already sold would not
have been affected nor in any put in
question. No sale is made by the COM
mission without the consent OF all the
parties in interest, be they few or
many. If several allottees and heirs
consent to the sale Of part of their al
lotment, and it is subsequently found
that one of them is the sole owner, he
is by his consent as effectually diyests
himself of the whole title as he inten-
ded to divest himself of his supposed
part of it.
Both the department of justice and
OF the interior have heretofore held
that state courts have no jurisdiction
whatever over Indian lands, and it is
probable that neither will recognize
this decision as having any force or
effect whatever. 1t will, however, have
this effect: 1t will show those who
wish to make litigation with regard to
Indian lands that they are likely 10
find no more aid or comfort in the
state courts than in the federal courts
or the OBSERVATION-DISCLOSURES Ledger.