Shulthis v. MacDougal

Citations

• 162 F. 331
• 1907 U.S. App. LEXIS 4064

Syllabus

<p>1. Indians — Descent and Bistkibution.</p> <p>Under the provisions of section 28 of the original agreement between the United States and the Creek Nation and approved by Act Cong. March 1, 1901, c. G7G, 31 Stat. 869, no child bom to Greek citizens after July 1, 1900, was eligible to the roll. Under the provisions of A,ct Cong. May 27, 1902, c. 888, 32 Stat. 245, and section 7 of the supplemental agreement made with the Creeks and approved by Act Cong. June SO, 1902, c. 1323, 32 Stat. 501, children born to citizens subsequent to July 1, 1900, up to and including May 25, 1901, and living upon the latter date, were eligible to the roll of citizenship, and directed to be enrolled by the Commission. If any such child died after May 25, 1901, or at any time before receiving his allotment, it was provided that “the lands and moneys to which he would he entitled if living shall descend to his heirs as herein provided and be allotted and distributed to them accordingly.” Section 6 of the said supplemental agreement, approved in 1902, repealed the provisions of the act of Congress of March 1,. 1901, in so far as they provided for descent and distribution according to the laws of the Creek Nation, and directed that “the descent and distribution of land and money provided for shall be in accordance with chapter 49 of Mansfield’s Digest of the Statutes of Arkansas.” Held, that a child born to citizens of the Creek Nation on Elay 6, 1901, living Elay 25, 1901, dying in November, 1901, enrolled by the Commission on October. 8, 1902, allotment selected on April 28, 1904, and patent issued to bis heirs on October 10, 1904, the Arkansas law of descent and distribution embodied in chapter 49, §§ 2522-2545, of Mansfield's Digest (Ind. T. Ann. St. 1899, §§ 1820-1843), nominated the heirs of such deceased child and fixed the shares and portions the heirs derived in such allotment set apart and patented to them.</p> <p>2. Same — Agreements with Indians — Construction—Extraneous Aids.</