The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-05-24

as to the number of leases which may
be made to any person or corpora
ton. The one limitation is as to the
acreage to be covered by any one
lease. and this says that it shall not
exceed $40 acres. 1t may be said
that If one party may secure q num-
ber of leases, each covering $40 acres,
it was useless to insert this imita-
tion, and that the one object in in
serting it was to limit the quantity Of
lands any one lessee might control;
and that, therefore, by implication.
if not by direct provision, the law
prohibits the granting of more than
one lease of $40 acres to any one
person or corporation. A careful
consideration of the act does not sus-
tain this conclusion. The insertion
of the limitation may be accounted
for upon other reasonable grounds.
1t was evidently the intention to
make the mineral lands productive
and to insure a revenue therefrom.
hence the provision regarding sub
stantial yearly payment from such
lessee without regard to the develop
ment of such claim. This provision
would be of very little effect, how
ever, If there was no limitation npon
the quantity of land which might be
included in one lease. In that event
applicants might undertake to Sc
cure control of large bodies of land
to the exclusion of others, and with
out any intention of Immediately de-
veloping the minerals, and thus ma
terially retard the development of
the mineral resources of the terri
tory. The limitations upon the
amount of land which may be en-
braced in one lease and the royalties
exacted on each lease constitutes a
sufficient check upon such an under
taking and makes assured a reasona-
BILE revenue for the tribe. This of
itself may very properly have been
considered a sufficient reason for the
limitation.
Furthermore, there is a clear rec
ognition of the authority to secure
more than one lease to the same
party. 1t provides that parties who
hold leases under the laws and GUS
toms heretofore existing, or diff
ferent groups of mineral depos
its upon which improvements have
been made by such lessees or their
assigns, shall be given the prefer
ence in the making of new leases.
1t also provides that in all cases of
leasing or renewal OF leases prefer
ence should be given to parties in
possession who have made improve
ments. From the papers submitted
i appears that there was formerly
no limitation as to the number of
leases that might be given to one
person or as TO the quantity of lands
that might be covered by one lease.
Slight evidence of an intention to
authorize the granting of more than
one lease to one person is also found
in the provision that 'the lessee
must pay said annual advance pay
ments on each claim. Should
any lessee neglect or refuse to
pay such advanced annual royalty
on any lease, the lease upon
which default is made shall became
null and void.' 1t thus seems to be
contemplating that the same lessee
may have more than one lease and
that he may make default in the pay
ment of advance royalty on one
lease and not incur a default as to
others.
This statute is much like the min
ing laws of the United States which
restricts the amount of mining ground
which may be included in any one
claim, but places no limitation upon
the number of claims which may be
located or held by the same person.
After careful consideration of
this act L am of the opinion that it
contains no limitation in respect to
the number of leases which may be
given to any one person or corpora
ton, that matter being left to the
sound direction of the Secretary of
the Interior, who may either grant or
refuse TO grant more than one lease
to the same person, as to him may
seem best.
1t does not follow, however, that
the oil leases will be approved by the
Secretary, as he realizes that should
he approve the leases the lessees will
be Immediately enioined in the terri
torial courts by the Delawares from
putting their leases into execution.
Many old soldiers now feel the ef-
fects of the hard service they endur
ed during the war. Mr.. Geo. s. An
derson of Rossville, York county,
Penn, who saw the hardest kind of
[ service at the front is now frR0uent-