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The situation concerning the law of domestic relations is of course similar, since breaches of this law, in an ordinary white community, constitute crimes or misdemeanors. Tribal law and custom have been recognized, and among remote and primitive Indians it probably must continue to be for some years to come, but many Indians have advanced to a stage where the state law of domestic relations may properly be applied to them, thereby eliminating the confusion that now exists and leads to conditions which are open to criticism.

Although the Indian Service has rendered much valuable service in conserving Indian property, it has not gone far enough in protecting the individual Indian from exploitation. The explanation is in part the usual one of lack of adequate personnel, both in the Washington office and in the field, but the division of jurisdiction between the Department of the Interior and the Department of Justice must be noted. The Department of Justice conducts the court cases through the United States District Attorneys. Under this system long delays are inevitable, minor cases are likely to be ignored as too small to warrant starting the involved machinery, and at times, the United States District Attorneys are not active and aggressive in protecting the Indians’ rights, even if their sympathies are not actually with the Indians’ opponents. There is a notable absence of adequate organization to protect the Indians in petty cases and to educate them in how to secure legal aid.

The exploitation of Indians in Oklahoma has been notorious, but this exploitation has taken place under the state courts and the guardians appointed by them. Recent legislation, largely restoring the old authority of the national government over the property of restricted Osage Indians, has wonderfully improved the situation in that jurisdiction, and the work of the Indian Service for the protection of the property of these Indians is an outstanding achievement worthy of high commendation, although much remains to be done for the social advancement and adjustment of the Osages. The condition among the Five Civilized Tribes leaves much to be desired. This jurisdiction is largely in the hands of state courts, and although improvement has taken place, possibly after the horse has been stolen, much remains to be done. The national government there maintains probate attorneys to aid the Indians and the state courts, but their position is anomalous and they can scarcely be regarded as effective in protecting the Indians.