The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-15

law makers OF that statute TO be that
the same should be 80 construed as
TO keep the property IN the gems Of the
mother2 We are fully persuaded thar
such construction was intended
Further n these parties were both
citizens by blood Of the tribe. would
Ia be TOO much to say that the "near-
est relation as between the father
aud mother OF the interstate was in
blended 20 be that pafeai 20 the paf
lOi whom the property descended ~
wax derived and into whose gems q
should 60 on descent cast
with this construction this section
would follow closely the idea Of des-
cent contained IN Chapierl rs. Section
L. compiled statutes of the District
of Columbia aud would be. BY supple.
menting it with the law of the forum
lar the time Of descent cast davidson
lv Gibson, supral in substance:
Section 6 BE II further enacted
that II any person die without "A viii.
having property aud children. the
descendants IL any equally, and If 10
child or descendant. and the estate
! descended to the intestate on the paTt
of the father. then TO the father, aud
" 40 father living, then 10 the BROTH
lers and sisters Of The blood of the
father etc If the estate descended
10 The interstate on the part of the
mother. then to the mother. and Il 40
mother living then to the brothers
and sisters OF the blood of the mothe ,
letc.
We are, therefore. clearly Of the
opinion thai the nearest relation" IN
/ ~ t..fA aH IN l.4 la "A
Toliver. the mother Of Castella
Brown, the intestate. and that she
is entitled under Section 10 take the
inheritance unless the contention OF
the plaintiff in error, de Graffenreid,
eau be successfully maintained, and
that is that Ben Reeves. he husband
Iof Castella Brown. her surviving Is
lentiled TO onehalf OF her allotment
under;
Section g THE lawful OF acknow
lodged wife Of "A deceased husband
shall be entitled TO one half Of the
lestate il there are no other heirs.
land an heirs part if there should be
lcther heirs In all cases where there
lis no will The husband surviving
lshali inherit Of deceased wife In like
manner"
Which. he says, should be construct
10 read:
Section g. "The lawful or aclnow
lodged wife of deceased husband shall
be entitled to One-half of the estate,
liz there are no children. and a child's
lpart if there should be other heirs, ~
Ian cases where there Is no viii. The
husband surviving shall inherit of a
deceased wife in like manner
He admits that Ben Reeves Is al
mter-married non-eitizen of the Creck
Nation. and IN effect, that when Sec
ltion s was enacted such were not in
tended TO take, but insists that since
THAT iimc the GreeS law has been
lchanged and permits such to inherit
from the cti2enwife
In considering this construction, len
MS take another general view OF nie
history of this tribe. After the issu.
lance Of The patent, aforesaid, by the
United States to the Creek Nation, IN,
Creek people migrated from their
homes in the East and settled upon
the lands therein described For a
long lime they were comparatively
free from Intrusion, but in course a
time non-ctizens sought TO and did
settle among them After repeated
futile efforts To exclude them by legis
latiOn, the National Council passed 9il
get which we find I nthe compilation
of the Greek laws of 1890 cart ~, p
f66) which reads:
Section mo non-cidzen shat
have a right to reside in or TO own
any kind of property within the Mus
kogee Nation, except by permit an
lany non-citizen, without permit wh'
shah make any improvements with
the Muskogee Nation, shall forfeit thC
, same TO the nation
This section shows in n marked de
gree the temper Of the tribe as Jis
lplayed towards ncn-Gitizens vino la,
not mter-married with citizens tirate
J of. In short, it is plain he had few
rights that the tribal government iel
lcalled upon to respect. II seems ia
:, the rights OF the inter-malried non
: lcitizens We're somewhat more resi- oct
ed, for in that article we find:
Section 9 "This article shall no
! he construed so as to interfere Will
. lpersons who are inter-married Wit
citizens of the Mlikogee Nation, or 81
as to interfere with any rights guai
= tnteed by treaty"
Up to as late as October %. 1885,
iiit supreme A.ONiN VI Ahf NfA|'h ~
7 iiOn in the case OF Edward Gibson y
ID. p Davidson. cited on page 10 q
\ the record, dismiss the case for wan
! or jurisdiction of Edward Gibson, "a
= Though at that time he was an inter
y married non-citlzen Of the Creek y,
lion and the husband OF julia GibsoI
y deceased II was not until April :
I llS9l. that the Creek courts ever q
9 serted Jurisdiction over the proper
much less the persons of intermarrie
lnon-cit2ens, and that was by yirtu
= Of the act OF that date set forth o
/. lpage rs of the record and recited ]
= the agreed statement Of facts hefei'
In the light OF these facts let Il
see what act OF the Greek council.
q one there be. admitted an Interim
2 ried non-cifizen To share In the IL
u ceased Wife's allotment
= Under the circumstances, We thin
= that he who asserts The right shopl
= prove it al least. by fair intendmen
Bni Il would seem that the act {
y April 6. 1894 Tree, p. lSl shows
: recognition Of certain rights there
lore acquired by inter married nol