to fix the law of descent of Iowa allotted lands as that of the territory and state of Oklahoma.

§ 253. Kansas or Kaw-Descent.-The Kansas or Kaw Agreement submitted to Congress for ratification contained no provision regulating the descent of allotted lands.

Section 9 of the act, however, provided that all funds remaining to the credit or found to be due from the United States to any member of the tribe at the date of his death should be paid to his or her heirs according to the laws of the territory or state in which such member resided at the time of his or her death.

Section 11 also authorizes conveyances by minor heirs of inherited lands upon approval of the duly appointed guardian by the proper court of the county in which such minor or minors reside, subject to the approval of the Secretary.

These two provisions seem to recognize the law of descent of the territory or state in which the allotted lands are located, and to wholly disregard the law of descent, if any, of the Kansas or Kaw Tribe.

Considering the above provisions in connection with the Act of June 19, 1902, it seems to make it reasonably clear that the law of descent of the territory and state of Oklahoma is applicable to and controls the allotted lands of the Kansas or Kaw allottees.

§ 254. Kiowa, Comanche and Apache-Descent.-The Kiowa, Comanche and Apache Allotment Agreement contains no provision directly regulating or controlling the descent of allotted lands. Under said agreement, however, title is to be taken, held and conveyed to the allottee or his heirs at the expiration of the trust period in accordance with the provisions of the General Allotment Act.

This provision, considered in the light of the Act of June 19, 1902, would seem to apply the law of descent of the territory and state of Oklahoma to the allotted lands of members of these tribes.

§ 255. Kickapoo-Descent.-The Kickapoo Allotment Agreement is silent upon the subject of descent of allotted lands. Title, however, is taken thereunder to be held in trust by the United States for twenty-five years under the General Allotment Act, to be conveyed at the expiration of the trust period to the allottee or his heirs free from all incumbrances. This provision, considered in connection with the Act of June 19, 1902, apparently applies the law of descent of the territory and state of Oklahoma to Kickapoo allotted lands.

§ 256. Modoc, Ottawa, Seneca, Shawnee and Wyandotte-Descent.-The Modoc, Ottawa, Seneca, Shawnee and Wyandotte Tribes received their allotments under the General Allotment Act, which applied the Kansas statute of descent; the reservations of the Modoc, Ottawa, Seneca, Shawnee and Wyandotte Tribes being in the Indian Territory.

It is not believed that the extension of the Arkansas laws, by Act of April 28, 1904, to persons and estates in the Indian Territory, whether Indian, freedmen, or otherwise, operated to repeal the Kansas law of descent as made applicable by the General Allotment Act. It was perhaps the purpose of this act to establish a law of descent in lieu of that of the Indian tribes, wherein no enactment had theretofore prescribed a rule of descent.

Upon the incoming of statehood the Oklahoma law of descent was made applicable and superceded the law of descent theretofore in force as to allotted lands of these tribes.

§ 257. Osage-Descent.-Section 6 of the Allotment Agreement with the Osage provides: "That the land, moneys and mineral interests herein provided for of any deceased member of the Osage Tribe shall descend to his or her legal heirs according to the laws of the territory of Oklahoma or of the state in which said reservation may be hereafter incorporated, except where the decedent leaves

BLED.IND.(2D ED.)-19

no issue, nor husband, nor wife, in which case said lands, moneys and mineral interests must go to the mother and father equally."

The Osage Agreement became a law on the 28th day of June, 1906, after the passage of the Enabling Act, and before the admission of Oklahoma to statehood.

Apparently it is within the power of Congress to enact a statute of Indian descent to remain in force in a state indefinitely. Such intention, however, should be manifest before a federal statute is substituted for that of the state. In this case it was the intention of Congress to do so, because it specifically provides that the statute of the territory or the state to be thereafter created shall apply, with the exceptions mentioned.

On the 20th day of March, 1909, the Governor of the state of Oklahoma approved an act (Laws 1909, c. 35) amending the statute of descents (St. 1893, § 6261), so as to make exactly the same provision where the decedent leaves no issue, no husband, nor wife that is made in section 6 of the Osage Allotment Agreement. This act went into effect on the 12th day of June, 1909.

As long as the Oklahoma statute prescribing descent is the same in the particular mentioned as the special agreement, there can arise no question of which prevails. If the Legislature, however, should further amend the Oklahoma statute of descent, and thereby provide a different rule from that prescribed in the Osage Agreement, which law would prevail, that of Oklahoma or of the congressional act? This is a question of no great practical importance, and one which is a matter of speculation, except that actual cases may have arisen between the admission of Oklahoma to statehood and the going into effect of the amendment above referred to.

$258. Otoe-Descent.-The lands of the Otoe Tribe were allotted under the General Allotment Act, and the provisions thereof control in the matter of descent of the al

lotted lands of members of said tribe. The reservation being in the territory of Oklahoma, the laws of the territory of Oklahoma and of the state of Oklahoma in force at various times are the laws of descent applicable to the allotted lands of the members of this tribe.

§ 259. Ottawa-Descent.-The members of the Ottawa Tribe received their lands in allotment under the General Allotment Act, and at the time were residents of what was the Indian Territory. The laws of the state of Kansas were, prior to statehood, applicable to and controlled the descent of allotted lands of the Ottawa Tribe.

At the incoming of statehood the law of descent of the state of Oklahoma was, by the Enabling Act and Constitution of the state, substituted for that of Kansas.

$260. Pawnee Descent. The Pawnee Allotment Agreement prescribed no rule of descent. It, however, required the title to allotted lands to be taken, held and conveyed under all the conditions and limitations of the General Allotment Act. The effect of this provision is no doubt to make the laws of descent of the territory and state of Oklahoma applicable to the descent of allotted Pawnee lands.

§ 261. Peoria, Kaskaskia, Piankeshaw, Wea and Western Miami-Descent.-The lands of the Confederated Peorias were allotted under the Act of Congress of March 2, 1889, which act referred to the Act of February 8, 1887, and made the same applicable to the allotted lands of said tribes. Under the terms of the General Allotment Act thus made applicable to the members of said tribes, the law of the state of Kansas controlled the descent of allotted lands of the allottees of said tribe, prior to statehood and the laws of the state of Oklahoma subsequent thereto.

3 Buck v. Branson, 34 Okl. 807, 127 Pac. 436; Finley v. Abner, Ind. T. 386, 69 S. W. 911; Id., 129 Fed. 734, 64 C. C. A. 262.

§ 262. Ponca-Descent.-The Poncas received their allotment under the General Allotment Act of 1887, and, being residents of the territory of Oklahoma, the law of descent controlling is that of the territory and subsequently of the state of Oklahoma.

§ 263. Descent-Quapaw.-Allotment of the Quapaw Reservation was made under an Act of the Quapaw Council approved by Act of Congress of March 2, 1895. This act prescribed no rule of descent for allotted Quapaw lands. The application of the law of the forum, to wit, the Arkansas statute of descent in force in the Indian Territory, subsequent to May 2, 1890, would seem to afford the most logical solution of the question. The specific extension of the Arkansas laws in force in the Indian Territory, including the statute of descent, "so as to embrace all persons and estates in said territory whether Indian, freedmen or otherwise," would seem to have fixed as a rule of descent that prescribed by the Arkansas statute subsequent to said date.

The author is informed by leading attorneys resident of Ottawa county, who have had long experience in the matter, that the Department of the Interior, prior to statehood, uniformly recognized the Arkansas statute on descent as controlling.

Local counsel have generally been of the opinion that in any event subsequent to April 28, 1904, and prior to November 16, 1907, the Arkansas statute prescribed the rule of descent.

There seems to be no reason why the extension of the laws of the territory of Oklahoma over the Indian Territory did not operate to repeal whatever law of descent was in force in the Quapaw Reservation and substitute in lieu thereof the law of descent of the state of Oklahoma.

An appeal is now pending in the Supreme Court of the state from a judgment of the district court of Ottawa county holding that between April 28, 1904, and November 16,