OCR Text |
Show such a general provision might inflict upon Indians capable of taking their places in the State as citizens, a very comprehensive proviso confers authority on the. Secretary of the Interior to terminate the trust period by issuing a patent in fee whenever he is satisfied of the competency of an allottee to manage his own affairs. Fortunately this power is broad enough to cover all allotments, no matter when made. Other powers conferred by this act are even greater, tho possibly not fraught with SO much of consequence to the future welfare of the Indian. By the last paragraph it is provided that on the death, prior to the termination of the trust period, of an Indian allotted after May 8,1906, the allotment may be canceled and the land revert to the United States.. It is mandatory upon the Secretary of the Interior to ascertain the legal heirs of such deceased Indian, and his findings are made " in all respects conclusive and final." Thereup011 a patent in fee simple shall be issued for the canceled allotment to the " heirs and i~ their names," or the Secretary may cause the land to be sold as provided by law and issue a patent therefor to the pnr-chaser or purchasers and pay the net proceeds to the heirs or tbeir legal representatives." The important points in the Burke law are those relating to citi-zenship and fee-simple patents. Twenty-five years is not too long a time for most Indians to serve tbeir apprenticeship in civic responsi-bilities. Meanwhile, also, the new community amid which he is thrown will presumptively have become more settled and better fitted for enlightened local self-government. The police powers of the Indian establishment are ample to control the Indian wards of the Gov-ernment as long as no question of jurisdiction'can be raised, and the noncitizen Indian can be better protected thereby from the class who make prey of the helpless, ignorant, or vicious. It is doubtful whether the provisions of the act in regard to the Federal jurisdiction over the Indian and his allotment is more than declaratory of the prior law, altho it is certain that many courts hold a contrary view. This doubtless arose from the fact that all.. allotment acts provide that the allotments shall descend to the heirs of the allottees according to the law of the State where the land is situated, or that after allotment and the issue of patents the lands shall be subject to the local law of descent and partition. By +tue of such law local courts having probate jurisdiction have in many cases entertained proceedings that absolutely terminated the trustee-ship of the Federal Government, ignoring the fact that the enuncia-tion in the statute was a mere declaration of a fundamental rule of law by which indefeasible rights are defined, and which no act of Congress or of the State could avoid; that is, a declaration that in-terest in lands descends in accordance with the law of the situs. |