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

cf her hcifs let us next determine
what law Of descent aud distribution IS
/ TO drtermine the Iovolutipn of this a.
loitment,
u Is contended by plaintiff IN error.
Greek Land and Improvement Com
pany. that at the time ol her death
June e 1902. the Arkansas statute Of
descent and distribution as embraced
IN Chapics ~ OF Mannolds Digest and
interpreted b. the decision ol The Su-
lpremp Conft OF Arkansas was ia force
IN the Creek nation of the Indian Ter
riicry and controlled the descent and
ldevoMtlon OF the title 10 the property
I involved IN this controversy.
with this contention we cannot
agree. We think IL at9icieut TO say
that II these laws were ever applicable
10 The deyolution of real property in
! the Creek Nation they were repealed
by implication by sections G. z, and %
Of the Act of March / 1901. called the
original agreement.
As stated this agreement was rati-
fed May 20. 1901 The report OF the
Dawes Commission shows that from
April l. 1899, the date of the opening
of the allotment Office at Muskogee. mp
TO June 80. 1901. 1857 persons had ap-
peared before it ana made appli-
cation 10 select allo ments. OF
this number 1857 received pre-
iminary allotment OF one hun
dred and sixty acres and ,060
made partial selection, covering i'm all
i,6269l7 acres. Section Of that Act
confirmed those allotments and of ne
cessity that many enrollments, and
provided that they: shall
as to appralsement and all things
else (which includes as to how they
shall 20 on descent casD 'be gov
erned by the provisions of this agree
ment; anl said Commission shall con
tinue (not go behind) the work OF allot-
ment of the Creek lands to citizens Of
the tribe as heretofore, conforming to
provisions herein ." This
iixed the status of those allotments.
including that of Castella Brown.
Then as If to dispose of the whole
subject of the descent OF all allot-
ments which had been OF would be
made hereunder before descent cast.
the agreement provides:
Section Z. Lands allotted TO clti-
zens hereunder (Which includes that
OF Castella Brown shall not in any
manner whatsoever. or at any time.
be incumbered aiken, or sold to So
cure or satisfy any debt or obligation
contracted or incurred prior to the
date Of the deed to the allottee there
for and such lands shall not be
alinenable By the allottee or his heirs
at any time before he expiration of
five years from the ratification of this
agreement. except with the approval
OF the Secretary OF the Interior
l-(lmitationl,
Each citizen shah select from his
ALLOTMENT forty acres of land as a
homestead. which shall be nom taxable
and inaienable and free from any in
cumberance whatever for twenty.one
years, (another) for which he shall
have separate deed conditioned as
above; Provided, o."
THE homestead of each citizen shall
remain after the death of the allottee,
for the use and support Of children
born to MIN after the ratification OF
this agreement, but II he have no such
issue, (Castella Brown had none)
then he may dispose of his home
stead by VIII" The mad none) free
ifrom limitation herein" Cthe last
aboyel imposed and II this he moi
done (no viii made) the hnds'
(What land2 The homestead2 No
or Il would have said so. What lands
are We talking about2 lands allotted
10 citizens hereunder") 1.-the whole
allotment) "shall descend to his
heirs according to the laws of descent
and distribution of the Creek Nation
tree from such limitation
What limitation? The last above on
1.-THE homestead Hence. as the lands Ia
controversy We're lands allotted
within the perview OF the first words
OF this section, they fell squarely with
in 1t aud their deyolution is governed
according to the laws Of descent and
distribution OF the Creek Nation IN
force at the time OF the death of Cas-
tella Brown
But there was vast number of citi
izens OF the Creek Nation who were en-
titled to be enrolled when the lano
lofiice opened April /, 1899, but who, uI
the time OF making this agreement hat
mot been enrolled several of whom had
died, and others who might die befor,
receivihg their allotments. Accord
mgly 1t was provided IN the same
agreement:
Section %. IAN citizens who wer,
living on the first day OF April, eigh
teen hundred and NINETY nine, entitled
10 be" (not those who had been) ZEN
rolled under" (Section 21 of the Curtis
! Bid shall be placed upon the roll
10 be made" ttae names already en-
rolled were to standj "by said com
mission under said act of Congress
and If any such citizens J. q. one en-
titled to enrolment on April 1, 1893
has died since that time, or may here
after die, before receiyeing his allot
ment OF land and distributive share o
all the funds of the tribe, the lands ans
money to which he would be entitled, I
living, shall descend 10 his heirs ae
cording 10 the laws of descent and dis
iributiOn of the Greek Nation, and b
allotted and distributed 10 them az
cordingly"
la short, Sections 6 and Z Of thi
agreement fixes the descent of the al
lotment (both surplus and homestead
in eases whore the allottee receive
his allotment before he dies, and Sc,