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

In Chapter - of Manfields Digest
This would create endless confusion
aud hence. we will not attribute TO
cpngress auy such intention.
Black on Interpretation OF Laws
Sec 30, says:
Every statute IS construed with re-
ference TO It's intended scope and
The purpose of the legislature in en-
acting it: AMI when the language is
Ambiguous. on admits OF more than
one meaning. II is 10 be taken in
such n sense as will conform to the
scope OF the act and carry ont the
purpose OF the statutes
The scheme was a complete provis-
ion for the devolution OF real property
aiken on be taken in allotment under
the terms of this agreement and
therefore repealed Chapter 49 Of
Manshelds Digest, if the same was
ever in force IN the Crek Nation; but
on this we express no opinion.
But Il is contended that before the
death of Castella prown, lhe indian
appropriation bill approved Mas 2S
1902. substituted the laws Of descent
and distribution of Arkansas for thoae
Of the Creek Nation provided for in
the Original agreement by the fol-
lowing provision:
And provided further, that the Act
entitled "An Act to ratify and confirm
an agreement with the Muskogee or
Creek Tribe of Indians and for other
purposes approved March l. 1901 in
SO far as ID provides for descent and
distribution according to the laws OF
the Creek Nation Is hereby repealed
and the descent and distribution Of
lands and moneys provided for in said
Act shall be in accordance with the
provisions Of Chapter 40 of Mans
fields Digest of the Statutes Of Arkan-
sas Ia force IN Indian Territory"
And that the same should govern IN
this case. Il would seem that the
point is well taken were il not for
the following joht resolution passed
on the day the above was approved
and which makes sald Act effective
only from and after July D. 1902" =
date subsequent TO the death OF Cas-
tena Brown:
"Resolved by the Senate and House
.Cf Representatives of the United
States of America in Congress as-
sembled That the Act entitled An
Act making appropriations for the
current and contingent expenses OF
the Indian Department and fulfilling
treaty supulations with the various
Indian tribes for the fiscal year end
ling June thirtieth. nineteen hundred
and three and for other purposes,
shall take effect from and after July
first nineteen hundred and two, ex-
cept as otherwise specifically provided
therein"
AS we can frd nothiag in the Act
referred to wherein IL IS specifically
and distribution Of Arkansas should
be Immediately effective, we conclude
that such was not the Intent and,
therefore. that part OF the Indian ap-
preparation bin, supra. approved May
I27, 1902, does not AFFECT our Inquiry
in this case
Now, who were the heirs Of Castella
Brown. under the Crek law of descent
and distribution at the time of descent
cast?
The agreed statement of facts re-
cites:
a. THAT on September %. 1894
patent describing the west half OF
| the southeast quarter and the north
east quarter OF the southeast quarter
( OF Section Nine, Township Eighteen
north. and Range Eighteen east, lying
in the Crek Nation. being 120 acres
fef the land selected by Castella Brown
as above said. was executed and de
| llyered to the heirs of Casteila Brown
ldeeeased.
8. "That on September %. 1904, 4
lpatent describing the southeast quar-
ter OF the southeast quarter Of Section
Nine. Township Eighteen north ani
Range Eighteen east. being the home
stead and part of 1ne land selected
laforesaid by Castella Brown, was 80.
lecuted to the heirs of Castella Brown
deceased, by the Principal Chief Of the
Creek Nation and approved by the
Secretary OF the Interior"
From which we infer that the par
ent issued TO the heirs OF Castells
Brown, deceased leaving It to judi
cial construction as 10 who they were
and the distributive share Of each.
Clark VS.. Lord, 20 Kan, $50.
Ii is further agreed:
s. THAT the Creek Nation as Z
political sovereignty, had a writer
anu ARulllt0 AOAlA vi laws anu AAiA
the complaint filed by plaintiff gives
a correct copy OF the Creek law ap
lplioable to the descent and distribu
tion OF the estate OF Castella Brown
ldeeeased as contained in the Creel
lprinted statutes"
Turning to the complaint we fine
those Creek laws OF descent and dis
rlbution TO be,
Sec g. rBe II further enacted tha
II any person die without will. hay
ing property and children the prop
lerty shall be equally divided amonl
the children by dislnterested persons
land IN all cases where there are ~
lchildren. the nearest relation shall IN
herit the property"
Sec s. "The lawful OF aoknow
ledged wife Of "a deceased hnsban.
shall be entitled TO one-half of In,
lestale. if there are no other heirs. am
an heirs part ~ there should be othe
heirs i'm all cases whore there is ni
Twin The husband surviving shall IA
lherit of a deceased wife in like man
lner"
Sec. l. "All non-cltizans not prey
iously adopted and being married q
lcitizens OF this nation. or having chi