Washington v. Miller

Background

A man who had been an enrolled Creek received an individual land allotment and died without a will in 1907. He left no spouse or children but was survived by his mother (an enrolled Creek), his father (an enrolled Seminole), and several half siblings. The plaintiff was in possession of the land under a deed from the mother, approved by the county court in 1909. The father sued claiming he was an heir under general descent rules.

Reasoning

The Court considered which law controlled who could inherit allotments in the Creek Nation. Congress first recognized Creek descent rules in the 1901 agreement, but then the 1902 supplemental agreement repealed that part and stated that only Creek citizens and their Creek descendants could inherit allotted lands, with non‑Creek heirs taking only if no Creek heirs existed under Arkansas law. The father argued the provisos did not apply to already allotted land or were later repealed by a 1904 act. The Court rejected those arguments, held the provisos covered allotments as well as unallotted tribal land, and found no clear congressional intent to repeal the special Creek rule. The Court therefore concluded the father, not being a Creek citizen, was excluded from inheriting.

Real world impact

Because the statute and agreements were applied, the state courts’ judgment against the father was affirmed and the plaintiff’s title under the approved deed stands. The ruling interprets specific Creek allotment laws and affects who can inherit those particular tribal allotments; it is an application of congressional agreements rather than a broad constitutional change.