The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1900-03-28
SOONERCASES
REVIVED
BY United states supreme Court
Decisions, Reversing
the OklshOma
Courts.

WASHINGTON. MARCH 27.-The SUI
preme court OF the United states has de-
cided two cases OF more than ordinary
interest to the people OF Oklahoma and
more especially to the people OF the
Cherokee strip.
They are the cases OF Black VS.. Jack
son and Potts vs.. Holland. on the day
the Cherokee outlet was opened to set
tlement e. T. Black made the run and To-
Gated a homestead about one mtle south
east Of Newkirk. He started from the
south line Of the state OF Kansas. at the
hour Of noon and found Walter r. Jack
son, who made the run rrom the south
side Of the Chillocco Indian res rvs ion,
already IN possession OF the coveted land
upon his arrival
Black filed a homestead entry on the
land and Jackson filed a contest on the
ground OF prior settlement Black admit
ted prior settlement but asserted that
Jackson was a sooner on account Of hav-
ing made the run from the Chillocco
reservation, which he claimed to be a
part Of the Cherokee strip. After hear
ing in the local land Office, and before
the commissioner OF the general land Of
fce, the secretary OF the interior finally
decided the contest In Jackson's favor
holding that he was not disqualified and
that he was admittedly the prior settler
on the land. During the three or four
ed TO him
Accordingly Blacks entry was cancelled
and Jackson permitted to make fling
on the land During the theree or four
years in which the contest was pending
in the land department. bo parties oc-
cupied, improved and cultivated separte
narels Of the iard in controversy.
When the decision was rendered In
Jackson's favor. he brought suit in the
district court at Perry and obtained a
mandatory Injunction against Blacks
compelling himi to get off the land From
this this decision Black appealed to the
'supreme court Of the ter-itoray which
affirmed the decision.
From this decision an appeal was taken
to the supreme court Of the United States
where the decision OF the Oklahoma
courts have been reversed
The decision handed down disapproves
and overrules a long line OF decisions OF
the supreme court Of the territory com
mencing with the case OF sproat VS. Dur
land, decided in 1893 holding that the
court Of the territory would take juris-
diction by means of mandatory injunc-
tion to adjust the right of possession Of
.contesting claimants to homestead landss
A question that has been the subject OF
a ve-y spirited controversy among the
judges. which has filled all the courts OF
the territory with litigation OF this char
acter.
The decision also holds that Black Is
entitled TO hold his possession until Jack
son makes final proof to give him an OPP
portunity 10 contest the question OF
jackson heing a sooner In the courts.
which It is held cannot be properly liti-
gated there until patent issues to Jack.
SON -.
The case OF Potts VS.. Holland Is precise
ly like that OF Black VS.. Jackson, except
that Potts made his run from Usage
while Jackson made his run from the
Chillocco reservation.
Mr.. John w. shartel. OF Oklahoma City,
and Mr.. 8. II. Harris. Of Perry, were at
torneys for the successful parties.
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