The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-07-27
A TOWNSHIP RULING.
Fruit Trees Are Only Temporary i'm
provements. Not Permanent.


When the townsite commission
ers of the Choctaw nation began
the work of surveying the townslte
of Gale (now Sterrett) they were
confronted with a problem that
they did not care to decide them
selves, and as they had no prece-
dent to go by, and Sterrett was the
first town in the nation to be sur
yeyed and plated, they applied to
the department of the interior at
Washington for instructions. The
troublesome point was as to wheth-
er or not fruit trees would be con-
sidered permanent improvements"
in townsites, and whether or not
the town lots could be held on the
claim that fruit trees had been
planted and are growing on prop
erty that is to be cut up into town
lots. A fruit raiser at Sterrett has
considerable tract of land, the
most of which comes within the
townsite plat of Gale, or Sterrett,
as the town is now named, and he
claimed that the fruit trees being
about three years old and bearing
fruit, were permanent improve
ments, and he could hold lots on
them. DR.. j. a. Sterrett. town
site commissioner for the Choctaw
nation, representing the United
States government, was appealed
to, and referred the matter to the
interior department for ruling.
The Atoka agreement between
the Observation-Disclosures commits
sioners and the Dawes commission,
representing the United States gov
ernment, is the law under which
the commission is working, and
the language of the agreement on
the subject of improvements is as
follows: When said towns are
so laid out each lot on which per-
manent, substantial and valuable
improvements, other than fences
tillage and temporary houses, shall
be valued by the commission pro-
vided for the nation in which the
town is located at the price Of fee
simple title to the same would bring
in the market at the time the valu-
alton is made, but not to include
in such value the improvements
thereon.
Here was veXing question for
the commissioners. The agree
ment, which is the law under which
the commission is operating, says
that fences, tillage and temporary
houses are not permanent improve
ments. Then the question arises,
what is tillage? Fruit trees might
be so considered, and are not per
manent improvements. The aues-
ton is. if one tree is permanent
Improvement, would it not lead tC
great deal of complication? If g
tree was permanent improvement,
would it be considered so at one
year, two years or three years oi
age? If tree was permanent i'm
provement, would not the forest
trees standing on townsite plats
hold lots as permanent improve
ments7 All these questions faced
the commissioners, and the matter
was referred to the department OF
the interior for a settlement by q
ruling from the secretary. DR.. j.
A. Sterrett. townsite commissioner,
received ruling from the secre-
tary stating that all trees on prop
erty were products of the soil
therefore tillage and temporary i'm
provements, not permanent. Nc
lots can be claimed on fruit trees
and orchards as permanent i'm
provements. and the orchards al
Sterrett Will be cut up and plated
in town lots the same as all Other
property.