The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-01-29

Indians occupy their homesteads and
cultivate them themselves the bet.
ter It will be for them.
Fourth. II these surpluses are sold
piecemeal they must necessarily pass
through the hands OF the speculator
before they reach the real farmer for
the reason that one-four6 Of a sur.
plus allotment is not sufficient to at.
tract a respectable farmer and no one
but a speculator expecting to buy the
remainder when It could be sold
would purchase same.
There is no '.ccess!ty TO-: excepting
minors in the provisions removing
restraints upon TIE alienation for me
following reasons, viz:
First. Their minority is a sufficient
protection. They cannot sell or convey
title though there were no restraints
any more than a white minor can do
so.
Second Section 81 of the Act of
Congress of May End, 1890, 26 U. S.
Stat L. Page 81, adopted, extended
over and put in force in the Indian
Territory, Chapter IS OF Mansfeld's
Digest OF the Statute OF Arkansas, re-
lating to guardians, curators and
wards and gave the United States
court in the Indian Territory probate
! jurisdiction and full power to enforce
| The same. Afterward these provisions
were extended and made to include
and apply to Indian minors and their
estates.
Section I of the Indian Appropria-
tion Act, of June 7th, 1897, reads in
part as follows:
Provided further that on or after
January 1st, 1898. the United States
Courts in said Territory shall have
original and exclusive jurisdiction and
authority to try and determine all
civil cases in law and equity there
after instituted and all criminal
causes for the punishment of any of
fenses committed after January lst,
1898, by any person in said Territory,
and the laws of the United
States and the State of Arkansas in
force in the Indian Territory shall
apply TO all persons therein, irrespect-
i've Of race, said courts exercising in.
rlsdiction thereof as now conferred
upon them in the trial of like causes
80 Stat. l.. 60.
This Act unquestionably took from
the courts of the different Indian ma
tions in the Indian Territory juris-
dlction of all cases civil and criminal
and conferred upon the United States
Courts in said Territory full, eXclu
sive and original jurisdiction of all
cases arising within the territory. and
as. under the Act of May 2nd, 1890
Section 81, the Indian courts had the
sole and exclusive jurisdiction to or
der the sale OF improvements on In
dian lands owned by Indians by blood
and as this jurisdiction, by this act
was transferred to the United States
Courts, 1t follows that these courts
now have jurisdiction.
: Crowell VS.. Young Nndian Terrific
: ry Court OF Appeals) 50 S. w Report
) er, 500.
Section of Act of Congress- ap
proved May 2Sth. 1904, reads as fol
lows:
"All the laws Of Arkansas hereto
fore put in force in the Indian Terri
tory are hereby continued and extend
ed in their operation so as to emorac'
all persons and estates in said terri
tory. whether Indian, Freedmen ol
otherwise, and full and complete ju
risdction is hereby conferred upon
} the District Courts in said Territory
in the settlement of all estates o.
decedants, the guardians Of minors
and incompetents, whether Indians
, Freedmen, or otherwise
Thus It will be seen that by repeat
ed Acts of Congress the protecting
arm of the United States Court Il
p thrown around indian minors and thei
estates. and It certainly is suficien
protection,
= Third. The said Statutes Of Arkan
? sas so put in force and made to ap
ply To Indian minors and their estate
contain provisions authorizing tn
! court, when It is shown to the salts
I faction OF the court that II is to tn,
r interest OF the minor. that his lan'
!. or a portion thereof should be sol'
I and renvested to order the sam'
! done. II certainly cannot be presume'
$ that the judges OF these courts woul
3 abuse this discretion. They are me-
l OF integrity and ability, and in the la'