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1 Probate and Distribution of Indian Estates, Five Civilized Tribes, Oklahoma 1 (1942)

handle is hein.amindian/pbdtti0001 and id is 1 raw text is: 77TH CONGRESS HOUSE OF REPRESENTATIVES REPORT Od Session f No. 2731 PROBATE AND DISTRIBUTION OF INDIAN ESTATES, FIVE . CIVILIZED TRIBES, OKLAHOMA DECEMBER 14, 1942.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. ROGERS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 23851 The Committee on Indian Affairs, to. whom was referred the bill (S. 2385) providing for the probation and distribution of restricted Indian estates not exceeding $2,500, Five Civilized Tribes, Oklahoma, having considered the same, report favorably thereon without amend- ment and recommend that the bill do pass. The purpose of this bill is fully set forth in a letter of the Secretary of the Interior under date of June 23, 1942, which letter is copied from a Senate report and made a part hereof. The Assistant Commissioner of the Office of Indian Affairs, in a letter to the chairman of the Senate Committee on Indian Affairs under date of March 17, 1942, offers persuasive reason for the enactment of this proposed legislation. The letters follow: THE SECRETARY OF THE INTERIOR, Washington, June 28, 1942. Hon. ELMER THOMAS, Chairman, Committee on Indian Affairs, United States Senate. MY DEAR SENATOR THOMAs: Further reference is made to your request for a report on S. 2385, a bill to provide for the probate and distribution of restricted estates not exceeding $2,500 in value of deceased Indians of the Five Civilized Tribes in Oklahoma. If amended as hereinafter suggested, I recommend that this bill be enacted. Sections 1 and 2 of the act of June 25, 1910 (36 Stat. 855-856), and the amenda- tory act of February 14, 1913 (37 Stat. 678-679), confer exclusive jurisdiction on the Secretary of the Interior to probate Indian estates, but expressly provide that the provisions thereof shall not apply to the Indians of the Five Civilized Tribes in Oklahoma. Under existing law jurisdiction to probate the estates of Indians of the Five Civilized Tribes rests concurrently in the United States district courts and the county courts of the State of Oklahoma. See in this connection the act of June 14, 1918 (40 Stat. 606); McDougal v. Black Panther Oil and Gas Company et al., 273 Fed. 113, and Anderson v. Peck, 53 Fed. 2d 257.

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