Sioux County pioneer. (Fort Yates, Sioux County, N.D.) 1914-1929, 1917-03-01
Judge Beede's Position
Citizen Indian Estates
Sioux County Judge Establishes Ruling
Governing Probating the Estates Of
Decesed Citizen Indians

the estate of Baptist Pierre, a
"Citizen Indian" which came up
before him last week. ..
Judge Beede has laid down a
number Of fundamental principles
which in his judgement should be
adhered to in probating estates Of
deceased Indians where the heirs
are government wards. He has al
80 passed briefly on the matter Of
adoptions which has in the past
been quite common among the In
dians, and which may be an issue
in the case before the court.
These rulings, Of course, are SUBJ
ject to review by the higher courts,
upon appeal, should parties inter-
ested take exception to the findings
of the county court. The memoir
andum follows:
/. The state has original iuris-
diction in the administration of the
estates of "Citizen Indians"
2. The Federal government should
take cognizance of such cases to the
extent of seeing that there is no in-
fringment Of agreements or treaties
made with Indians, and this lasts
as long as such agreements or
treaties with Indians lasts.
3. Where a part of the estate is
II. D." property the Federal gov
ernment has a special duty to see
that such II. Do property is not
wasted, but is lawfully administered
by the state.
4. Where any or all Of the heirs
at law are government wards, the
Federal government must have due
notice with opportunity for being
heard in the court Of original juris-
diction or in appellate court, before
orders are issued affecting such gov
ernment wards.
5. The heirs of a "Citizen In
dian," though government wards,
may in their petition for the ap-
pointment of an administrator ex-
press their desire for this or that
person to be appointed administra-
tor, as prescribed by state statutes,
but the court, before appointing the
person Of their choice, should, be-
sides exercising sound discretion as
to the fitness of the person Of their
choice, also consider we'll objections
advanced against the fitness of the
person Of their choice by the au-
thorized representative of the Fed.
eral government
6. The adoptions among Indians
must be consumnlated according to
customs common law of the tribe;
the necessary fundamentals in a
valid adoption being the complete
concurrent intent of a person COM
petent to contract an adoption and
a person competent to give in adop-
ton minor person, (where. the
person alleged to have been adopted
is a minor.) And, if it be fact,
that "at common law there was no
such thing as adoption, this does
not apply in the case Of Indians by
whose custom Common law } valid
adoptions with the right of inheri-
tance were some times contracted.
z. Before Indians have access to
state courts, an Indian Agent is a
de facte court with Jurisdiction to
sanction a valid adoption, as he
does also perform other judicial
duties commonly inhering in the
state courts of si::.a.iliar or even su-
perior grade to that of sanctioning
an adoption And to hold that an
Indian Agent, acting by the con-
sent Of the Federal government,
had none of the judicial powers
commonly inherine in state courts
might give rise to litigations inter-
minable.
(Contin,1ad IN pnoa ~