The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-04-10

zons. converting them into pensioners
and mcndlcants. and degrading their
manhood
tbl 1t docs not protect the Indian
incompetent in business
The only reason alleged by govern
mcnt employees for this system Of gov
crnmcnt is that It will protect the in
competent Indian.
It does nothing of the kind, while
It greatly annoys the competent citi
zcns of Indian Territory. and rctards
the development Of this country The
insane and legally incompetent elo-
ments. Of course. are provided for by
probate law. but by the term "incom-
potent Indian" Is meant an Indian un-
skilled IN values and in the manage
.mcut of business affairs.
/ This so-callcd incompetent lndian"
ls cltzcn Of the United states lie
himself was a party grantor as mem.
/ bcr Of tho Indian tribe acting as grant
or to himself az grantee or allottre.
Concodlng that the nation, as grantor,
could impose condition prohibiting
the sale or leasing for a limited time,
the grantee receives limited legal es.
tate and holds the legal title The en-
tire equitable estate is In the grantee
who is under no personal disability Of
minority or legal incompctoncy
Being legally competent, and owning
the entire equitable estate. he has
the right to sell that equitable estate
and convey good title to II, although
he cannot dlvcst himself Of the legal
title until the period Of five years is
past II follows. as necessary logical
consequence from which there is no
possible escape. that the so-called in
competent Indian being legally com
.puteut and not incompetent as he is
arifully described. has right and q
legal right to sell his equitable estate
and when he receives a value for II ac
ceptablc TO himself there is no power
in the United States to inyalidatc that
contract II he sold his equitable es
tate ne would hold the legal title ~
trustee for his equitable vendee VII
II be seriously contendcd that the priv
. ate contracts Of other citizens Of thu
/ United States can be set aside by con
, gross or by state government?
2 \ man not incompetent before tn
. Probate Court. but merely called in
I competent because he has no business
{ sense and no Judgment OF values, car
/ not be protected by THESE alleged r,
4 strictions. for the reason that such
= man will by his own legal acts max
i Il impossible to protect his propert.
a Such man, IL he wants money, wi
sign his name TO an instrument q
C earth lie will give "a warranty deet
8 he will give lease for five years, h
win give a contract guaranteeing an
!. binding his heirs To make a good TIL
r whenever called ON to do so, he wi
4 execute a contract giving eXclusiN
l. right of ingress and egrcss. he wi
/. execute an oil and mineral lease. i
d will execute a power of attorney to
l. neutral party to make good title at Il
@ option Of his vcndcc. and he will mal
# his will leaving his real estate TO h
q vendcc. and the balance Of the pu
l. chase TO his heirs.
l. II these complications be not sufi
e eient to thoroughly ontanglc the tit
l. aud make It useless for any other pc
g son to seek such title, this man. wi
y Is incompetent" will execute other /
@ 'strumonts equally ingenious and co
r elusive against himself
n Shall such man expect relief In
If court Of equity?
D. Shal such man expect relief in
n court Of common law jurisdiction, L
q fore a jury, every one Of whom. is pro
Il. ably Interested In establishing preC
H. dent adverse to his contentious
Is If these considerations were n
Ic enough. Is Il not obvious that such
lc man can be hired to abato the suit Al
acknowledge judgment against hims,
Y. for a small cash payment? For Il
le only OF the man grossly incomplete
Is in business We speak
n. ANY sensible man will upon ref,
NJ tion rclaizc that apcrson SO foolish
m the one we are considering will ha
nj no means with which to bring a Ia
le suit, and, moreover, he will not ha
IN knowledge enough to bring H. and II
Q. thor, his frailty being understood It
8, only on rare occasions that he won
p; find any person to undertake his ca
20. and supply him with money during
m peudency
m These considerations show that a