The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1915-04-08

FOR SALE Of
INDIAN LANDS
MEASURE NOW IN EFFECT IN
s-ITE-so COURT HAS POWER
70 ENFORCE HULEs ~ con-
rLGCT EEEWTTr.

FLGCT THEEEwTTr
OkLz1c-a CIR. Ap-l The tzE
7 passed ~ tte Lzst legislature pruTi5-
IL sIelzsiFs procedure to- sale q the
Interests q f7II-blood Indian heirs IL
1.ss-a-sd Lz16s carried the energs1ey
( c-z-ss z-1 Is 10E n eEecL This IzE
scans 70 take the pace q DOsi Of the
avs q this subject L i the re-
salt q = Danber Of compromises fol
owing tae Introduction Of AOuse bill
10 5ss b. representative Hunter Of
Hugo.
Tlis Til Ezs amended al one stage
q lis .OErnsy through the senate By
t1e insertion Of : provision advocated
o. Miss Kate Bernard. which speci-
6czIy carried into the act the rules
o, procedure for probate matters zs
aid doEn last sammes b. the SU-
preme Court Il viii be noted that
this provision Is not in the bill but
there IS specification that no court
snail have the power 70 p-omulgate
or enforce any rules il conflict With
this act"
Text Of the Law.
The fun text Of the Law, which is
Of paramount importance IN the Indian
Territory section Of the state. is as
follows:
Section / Jurisdiction IS hereby
conferred upon the county courts Of
this state TO approve the deeds of
adult fullbloOd Indians conveying their
inherited lands. as now provided By
the laws Of the United States
Section 2. All petitions for the ap-
proyal Of deeds to lands inherited by
:ulI-nood Indian heirs shall be verified
By one or more grantors, and shall
contain the following information: The
names Of all grantors and grantees;
the description OF the land to be con.
yeyed; the character and extent Of
the interests TO be conveyed. the roll
number and quantum Of blood Of the
grantor and decedent: the permanent
residence Of the decedent at the time
Of death the relationship OF each
grantor and decedent and the names
and relationship to the decedent Of
each heir who is not a grantor.
Sec. ,. The county court. shall es-
tablish a date upon which all petit
tions for the approval OF deeds TO
,ands inherited b. full-blood Indians
shall be heard, which date shall be at
east twice per month At hearing
the court shall take the testimony of
disinterested parties to establish the
value Of the lands to be conveyed, and
may IN its discretion call in any Unit
ed States probate attorney as counsel
for grantor. The attendance OF the
gTantor or any other person TO testi-
y IN such matters may be required
in like manner as If his testimony
we're to be heard in civil action. The
court may decline to approve any deed !
when In his judgment the price is not |
commensurate with his fair judgment |
and the grantor is not an heir OF de- |
ceased. Provided. the county court |
may authorize the sale and conveyance !
OF any such land for cash or one-fourth 4
cash and the balance in yearly pay
ments Of one-fourth each, with inter-
ests on such deferred payments at
the rate OF not less than per cent
per annum; provided, further, that in !
all sales upon deferred payments. such
payments shall be secured by first
upon the lands conveyed.
Sec T. No deed which was e1ecut-
ed within thirty days from the date Of
the death Of the decedent shall be ap-
proved by any county court, and it
1halA Df " a4laHAbI 4DA any ptiEOH "
record or cause TO be recorded any
iced, lease. mortgage or other encum-
Drance which has been secured within
thirty days subsequent to the death Of
he allottee, and any person yiolat-
ng the provisions Of this section shall
Ipon conviction, be punished by fine
Of not less than $500 nor more than
$1,000. and may in the discretion of
he court, be imprisoned in the county
Jail for period Of not more than nine
ty days.
Sec. ). The provisions OF this act
shall constitute the exclusive law gov
erning the procedure relative to the
of inherited lands by adult
iull-blood Indian heirs. All provisions
Of law heretofore enacted in conflict
herewith, are hereby repealed and set
aside, and no court shall have the
power to promulgate or enforce any
rules in conflict with this act.