“ A territorial government never was established in the Indian Territory and it never had a terriorial Legislature. Apart from the tribal laws of the Indians, among which were laws relating to descent and distribution, the only laws which became operative there were such as Congress enacted or put in force. ”

“ The recognition given to the Oklahoma law by Congress in the act of 1908 hardly can be explained on any other theory.
It well may be, as held below, that the qualification which Congress placed on the application of the local law-then the Arkansas law-by the act of 1902 equally qualifies the application of the Oklahoma law (Washington v. Miller, 235 U.S. 422, 35 Sup. Ct. 119, 59 L. Ed. 295) , but that question is not here, for the survivors of the allottee are all Creek citizens. ”

“ In early times, when allotments in fee simple to individual Indians were made only occasionally, there was no congressional enactment prescribing who should inherit allotted land on the death of the allottee, and in such cases it was held that while the tribal relation continued the applicable rule of descent was to be found in the laws and usages of the tribe, and not in the laws of the state or territory in which the land lay. ”