The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-18

have the probate GopGi appqia. gqaE
,dians fur mipeG eGhlndiansBinepnaiters
peftalnins TO 9nhebiled 1snag Senator
~ i'. s{g@a!9I 9tsHAg5g spoke as lfol
'sM .,tn lI,o ,;Sn gteT " g,hhig XII w,l,
say that the qua$.ion OF home owner
ship and the question OF settling the
conflicting questions of land titles In
the Eastern par; Of this STATE a e the
paramount questions with our people.
Over IN our par; OF the state there
are maay indians under the ages OF
Is and y respectively, who have
married, and ii some such cases
some Of their .alatives have died and
lef. them land. Unde. the law as
1t stands In Oklahoma at This time
as Is found In Snyders statutes OF
1909, you will see the section Of the
statute that | am attempting to
amend by this bill. That section
provides that the marriage of the
minor ward terminates the guardian
ship, Under 'hat statute when a
female minor under the age OF IS
years marries, The marriage termi-
mates the guardianship and there is
no way 10 get an order OF the court
20 sell any par OF her Inherited es-
tate A. the iss, session CT the leg
islatuse Senator Russell had q bill
passed which provided that the MAJ
nage ct a minor did not give the
minor power % dispose of real es.
tate, but that bill that was passed al
that ti-e comes in Gpnflict with this
section Of the statue that | have just
read 10 you wi.ch provides that the
marriage terminates the guardian
ship, The proposition Is that there
are thousands 0! cases where they
are under the eges OF lS and 21--nQt
for the sale OF their own allotment,
mind you, but only their Inherited
land aud where they have married
and under the Russell statute they
canno, convey heir own land. and
under this provision of the cd law
they cannot have O guardian to get
an 0 der OF sale and sell It, because
tho macriage ,erminaies the guar
dlansh.p | hope the idea will get
out oi your minds that has been in
,ima.el around acre every time ws
have up anything involving lands
that VIZ fellowo on the East Side arc
trying to rob he Indians. During
the twelve years have liyod in that
country have always contended and
all tho Democrats there have con
tended ard accused the Republicans
OF iieilg up our country and holding
hnf t.l< "a nd
50 on, and have always said YOU can
60 nothing toward the development
and prosperity OF country unless
you have home ownership.
Here is all this bill means II
an Indian unds. the age or Is. II a
female. and under the age of q, II a
maze, who has Inherited an allotment
Of land from a deceased uncle, moth
e., father or other relative. can 20
into he probate court and get an or
der 20 sell pae OF the land accord
ing 10 law and now under the law II
that minor happens TO be married you
are tied hard and fas, and cannot
sell that land. The minor cannot
sell Il, under the Federal law, and
the can be no guardian, because
this law says that the marriage shah
terminate the guardianship.
4 SAY here. aud have said II here
before, that In all my experience |
have never como before three more
honorable, hign toned men than the
three county judges Of the counties OF
my district. Tho Indians and eve y
body else are safe in their hands.
and all this opposition 10 this bill
simply Is an attack on the judiciary
oil our country defy anybody to
so over into my country and dig up
anythine that will show anything 10
the contrary. Under the present law
oil we can do S TO sill and fold our
arms and walt until the time passes
and the minor becomes q yeas old,
just as We have had TO wall for the
lasl twelve years. This bill does net
refer 20 the personal allotment oF the
Indian. Full hoods cannot convey
their land al all. TIE conveyance
Of the Indians own allotment is gov.
erned by congress. Where there Is
minor interes; involved you can
no, get coed tile on the East Side
withou going 10 he probate court
and getting an der Of sale and fol-
loving the strict machinery o. the
Oklahoma probate law, and when
ncse courts are presided over and
those laws are administered By such
men as The county judges Of Choc-
aw, rushmataha and McCur ain
counties, | say to you the interests
of The minors are fully pro ected.
u say here, as have said befo q,
.hat II there is any one bright spot on
the ldi.ory OF our state il is the
character oil our judiciary from the
justices OF the supreme court on
dcSn. ana when you say this Is Just
an eliog; 10 ron the Indians, | sag 10
YOU, my colleagues. you he simply
~ rejecting on he judiciary OF our
sta,e.
4 am going - move that when his
committee arise il report il has had
under consideration Senate BIZ No.
90 AMI that the same be recommend
cd for passage
(After discussion BY various mem
bers, Senator Stewart resumed. as
foNows):
Mr. Chairman, you cannot confer
majority rights on an Indian for the
p1Pose of conveying his land am
surprised al the gentleman who just
preceded me. who claims 10 be an
sposile OF Blacks one, when he casts
fu14ni,r,. af on,