228 F. 658 | 8th Cir. | 1916
Sections 1, 2, 4, and 6 of the act of May 27, 1908, bear upon the controversy. Section 1 discharges lands allotted to intermarried whites, freedmen, and Indians of less than half Indian blood, including minors, “from all restrictions.” Section 2 defines the term “minor” or “minors,” used in the act, as including all males under the age of 21 years and all females under the age of 18 years. Section 4 subjects the lands from which restrictions are removed to taxation and all other civil burdens as though the property of other persons than allottees of the Five Civilized Tribes. Section 6 provides:
“That the persons and property ’ of minor allottees o-f the Five Civilized Tribes shall, except as otherwise specifically provided by law, be subject to the jurisdiction of the probate courts of the state of Oklahoma.”
It also empowers the Secretary of the Interior to appoint representatives to inquire into and investigate the conduct of the guardians-
“Allotted lands stall not be subjected or held liable, to any form of personal claim, or demand, against the allottees arising or existing prior to the removal •of restrictions, other than contracts heretofore expressly permitted by law ”
Bailey v. King, 157 Pac. 763, recently decided by the Supreme Court of Oklahoma, does not help the appellants. There the court held valid a lease by the guardian of a Choctaw minor of less than half Indian blood without an order of approval of the court of probate. The stated ground of decision was the rule that, except when otherwise required by statute, a general guardian regularly appointed and qualified may lease the lands of his ward during minority and the continuance of his guardianship without an order of the court, and that there was no Oklahoma statute to the contrary when the lease in question was made.
The decree is affirmed.