IN RE ADMIRAL MASON, et al., V8. F. F. CROSS, Defendant in Error. (Rendered December 18, 1913) No. 3234 Error from County Court.of Kingfisher County. R..F. Shuttler, trial Judge. Reversed and Remanded. 1. The legal right of the mother of a minor child its father being dead, to its custody and control is superior to that of a third person whose claim is based upon the fact that he has cared for and supported the child for some two or three years. 2. The husband, whose wife undertook the care of an infant child for an uncertain compensation, and who cared for and supported it for two or three years, has no legal right to the custody of such child against the claim of its mother, and the mother having obtained its custody cannot be deprived thereof by writ of habeas corpus. (The above was set but accidentally left out of its place.) Hon. Robert Burns, for many years a successful lawyer in Duncan Oklahoma, has moved to Oklahoma City and become a member of the firm of Black, Burns, Kiscadden & Toney. The firm occupies an elegant suit of rooms in the American Bank Building HUMOR. Out Bid.It was a banquet where a notable gathering of politicians had assembled. A certain aspring young attorney was among the number, and as he spied an influential judge at the far end of the parlor, he called the head waiter, slipped half a dollar into his hand and whispered: "Put me next to Judge Spink at the table." Upon being seated, however, he found he was at the other end of the room from the judge. He called the head waiter to explain. "Well, sir,” replied the official, "the fact is that the judge gave me a dollar to put you as far from him as possible." The Law Student's Helper. Allan Knew. The teacher in a country school always tried to make the lessons as interesting as possible. "Now, Children," She said, "let me see what you remember about the animal kingdom and the domestic animals that belong to it. You have named all the domestic animals but one. Who can tell what that one is?" There was no reply. "What!" exclaimed the teacher. "Does no one know? It has bristly hair, likes the dirt, and is fond of getting into the mud." A small boy at the end of the class raised a timid hand. "Well, Allan?" said the teacher. "Please, ma' am," said the little boy reflectively, "it's me." The National Corporation Reporter. A colored man was brought before a police judge charged with stealing chickens. He pleaded guilty and received sentence, when the judge asked how it was he managed to lift those chickens right under the window of the owner's house when there was a dog in the yard. "Hit wouldn't be no use, jedge." said the man, "to try to 'splain dis thing to yo'. Ef you was to try it you. like as not would get yer hide full of shot an get no chickens, nuther. Ef yo, want to engage in any rascality, judge, yo 'better stick to de bench, whar, yo, am familiar." To a fashionable large church a very eloquent preacher, but of diminutive stature was invited to fill the pulpit one Sunday. Among the members was an old Scotch lady who was very hard hearing and generally sat at the foot of the pulpit; as she was sitting near the steps to the pulpit, she saw the youthful preacher ascending; she cried to him: "Come down lad, that place is for the minister." THE OKLAHOMA LAW JOURNAL EDITED AND PUBLISHED MONTHLY BY D. H. FERNANDES, GUTHRIE, Oklahoma. VOL. 12. January, 1914. No. 7 THE LAWS OF DESCENT AND DISTRIBUTION of the CREEK NATION-In the light of an actual case By Hon. W. A. Brigham. Under provisions of the Act of Congress of June 30th 1902, known as the Supplemental Agreement with the Creek Tribe of Indians, lands of allottees descended as provided in Sec. 6 of said act, being the law of descent prescribed in Chapter 49 of Mansfield's Digest of the laws of Arkansas, with a proviso that only citizens of the Creek Nation and their Creek descendants shall inherit lands of the Creek Nation. Under this law the citizen widow of deceased citizen took only a dower interest in the land of her deceased husband; subject to the dower right, the land descended to the nearest of kin of the deceased. Section 20 of the Supplemental Agreement repeals so much of the act of Congress of March 1st 1901, or any prior agreement, treaty or law as is in conflict herewith. Section 21 of the Act of June 30th 1902, reads: "This agreement shall be binding upon the United States and the Creek Nation and upon all persons affected thereby when it shall have been ratified by Congress and the Creek National Council and the fact of such ratification shall have been proclaimed as hereinafter provided." Section 22 provides for proclamation by the President which was made Aug. 8th 1902 and thence forward, the act became law and binding on all parties and persons concerned. The Allotment deed from the Creek Nation to one Barney Lumkin contains the following covenant, "subject however to all provisions of said act of Congress (being the Act of March 1st 1901) relating to appraisement and valuation and to the provisions of the Act of Congress approved June 30th 1902." The homestead deed from the Creek Nation to Barney Lumkin contains the following covenant, "subject however, to the conditions provided by said Aot of Congress and which conditions are that said land shall be nontaxable and inalienable and free from any incumbrance whatever for twenty-one years; and subject also to provisions of said Act of Congress relating to the use, devise and descent of said land after the death of said Barney Lunkin; and subject also to all provisions of said Act of Congress relating to appraisement and valuation and to the provisions of the Act of Congress approved June 30th 1902." Section 16 of the Supplemental Agreement, reads: "Lands allotted to citizens shall not in any manner whatever or at any time be incumbered, taken or sold to secure or satisfy any debt or obligation nor be alienated by the allottee or his heirs before the expiration of five years from the date of the approval of this supplemen. tal agreement, except with the approval of the Secretary of the Interior. Each citizen shall select from his allotment forty acres of land, or a quarter of a quarter seo. tion, as a homestead, which shall be and remain nontaxable, inalienable, and free from any incumbrance whatever for twenty-one years from the date of the deed therefor. and a separate deed shall be issued to each allottee for his homestead, in which this condition shall appear, * The homestead of each citizen shall remain, after the death of the allottee, for the use and support of children born to him after May 25th 1901, but if he have no such issue then he may dispose of his homestead by will, free from the limintation herein imposed, and if this be not done the land embraced in his homestead shall descend to his heirs, free from such lim * itation, according to the laws of descent herein otherwise provided," being the law of descent of Arkansas. Section 1, Enabling Act, admitting Oklahoma and Indian Territory as a state, provides: That nothing contained in the said constitution shall be construed to limit or impair the rights of persons or property pertaining to the Indians of said Territories (so long as such rights shall remain unextinguished) or to limit or effect the authority of the government of the United States to make any law or regulation respecting such Indians, their lands, property or other rights by treaties, agreements, law or otherwise, which it would have been com. petent to make if this act had never been passed." See Chapman vs. Silver, 30 Okla. 718. ་ The original agreement of March 1st 1901 provided: Toat, lands allotted to Creek citizens should descend aocording to the laws of descent and distribution of the Creek Nation. Section 7. This law was changed by the Supplemental agreement by repeal, and adopting the law of descent of Arkansas. Section 6. The Supplemental agreement between the United States and the Creek Nation became a binding contract between the parties thereto and upon all persons affect ed thereby, upon its ratification by the Creek Council and proclamation by the President and is so declared by section 21 thereof, supra. It is a rule of law that a contract cannot be changed or abrogated, except with the consent of all the parties thereto; the deed to Barney Lumkin issued under this contract, recites that it is ex. ecuted," subject to the provisions of the Act of Congress of June 30th 1902. One of the provisions of that Act is, that the law of descent shall be that contained in chapter 49 of Mansfield's Digest of the laws of Arkansas. In the homestead deed to Barney Lumkin it is cove nanted that it shall be subject to the provisions of said act of Congress relating to, "the use, devise and descent of said land after the death of said Barney Lumkin." It is not only a contract, but its provisions are incorporat |