Atkins v. Rust

Billie Atkins, a full-blodd Creek Indian, purported to marry Bertie Miller, a negro woman, on July 31, 1920. Three children were born of that relation. Billie Atkins died in the year 1929. By virtue of the view of law contained in the majority opinion, the issue of that relation inherit of the -property of Billie Atkins. I cannot agree.

Section 11, art. 23, Constitution of Okla*298homa, defines “colored race” and “negro” and “negro race” to mean and apply to all persons of African descent, and specifies that the term “white race” includes all other persons.

Section 7488, C. O. S. 1921, provides, in…