The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-02-06

and that he has not enjoyed the pos
session thereof q sufficient length OF
time to compensate him for such i'm
proVements. Thereupon the court
or Jury trying said cause shall deter
mine the fair and reasonable value OF
such improvements and the falr ana /
reasonable rental value of such lands
for the time the same shall have been |
occupied by such person. and II the
improvements exceed in value the
amount OF rents with which such
person should be charged the court,
in its Judgment, shall specify such
time as will, in the opinion OF the
court, compensate such person for
the balance due, and award him pos
session for such time unless the
amount be paid by claimant within
such reasonable time as the court
shall specify. If the finding be that
the amount Of rents exceed the value
of the improvements, judgment
shall be rendered against the defend
ant for such sum, for which execI-
ton may issue"
In my opinion, these two provis-
ions must be construed together.
Under Section %. all leases made
subsequent to January /, 1899, are
declared TO be absolutely void, ;"
and all leases made prior to January
| l, 1898. on grazing land shall termi-
nate April l, 1898, and on agricult-
ural land shall terminate January 1,
/ 1900. These provisions control, in
my judgment, and fix the date be-
yond which said leases have no eff
feet or force as lease contracts
Under the proyiso to Section 3, a
non-citizen who was in possession
under an agreement, lease or i'm
provement contract, executed prior
TO January 1, 1898, may, as to lands
not exceeding one hundred and sixty
acres" show sin defense of ary ac
ton for the possession of said lands
that he has made lasting and valua
BILE improvements thereon and tha
, he has not enjoyed the possession
, thereof a sufficient length of time
ito compensate for such improve
ments," Thereupon, the court o
= Jury, shall determine the REASONABLE
value of the improvements and tn
. reasonable rental value for the tim
t the lands were occupied by such per
I son, and if the value of the I'm
s provements exceed in value tn
b amount of rents, the court sha
specify such time ''as will, in tn
r opinion of the court" compensat
: such person for the balance due an
award him possession for sue
l. time. =" unless the amount is paid b
d claimant within such time as tn
o court shall specify. Ii the rents eN
d ceed the value of the improN eme mt:
\ Judgment shall be rendered again:
d defendant for said sum.
d 1t will be noticed that this provis
d only protects party in possessio
d from sustaining financial loss wher
Y such might be incurred by reason {
o the termination of the lease undC
IF the provisions of Sec. %. 1t recoj
o nizes that a person having investe
,r his money, under a contract, in las
l. ing and valuable improvement
Is which the claimant will have II
% benefit of when he comes into pc
n session, should in equity and GOO
y conscience be reimbursed for b
Is outlay, over and above the benefi
u he has received. 1t does not pr,
id pose to give any vitality to the leas
IF which has been terminated undt
1t section 23. Hence, in effect, it r
E. quires an accounting as to the in
ia provements and rents, TO be mao
by the court or jury, and it occurs
IS me that the proper practice in a
t. tions involving the questions arisir
under SAID provisu to section wou
Of be to transfer the case to the equi
of docket and refer the same TO Il
IN master, to hear the proof and tai
rt an account of the value of such il
1t provements and rents and repo
ct same to the court. the demurrer
N the answer is overruled and the ca
I'd referred to the master as here
.. indicated.