Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-08-04
INDIANS NOW
ARE CITIZENS.
UNITED STATES CIRCUIT COURT
HANDS DOWN DECISION
THEY CAN VOTE AND MAY ALSO
BE SUED
Courts Decision, However, Goes Only
to Status of Red Men Living
In the Indian Terri
tory

L..
dian Territory are citizens of the United
states. They are wards of the govern
ment no longer, but may vote, be taxed,
sue and be sued enter into contracts and
exercise all the functions of citizens of
the United States and of the state OF OK
lahoma when statehood becomes fact.
This is the effect of a decision handed
down by United States Circuit Judge
Walter H. Sanborn, sitting in the United
States court of appeals here. Circuit
Judge William c.. Hook concurred in the
opinion.
There has been much confusion and
dissatisfaction in the Indian Territory
because the mineral lands held by min
ors could not be bought with any secur-
ity by development companies Sales
made at fair price and confirmed by
the courts or the secretary would be
set aside for no better reason than that
another company months later, offered
a better price. A test case was carried
through the courts and decided in favor
of the original purchaser.
Original Purchaser Wins Test Case
A lease of 100 acres of mineral land
allotted to Edith Durant, a minor Indian,
was advertised for sale by Monday Du-
rant her guardian. On the day of the
sale, March 5, 1906, the highest bid was
s3490. by Robert w. Morrison, Charles
w. S. Cobb, John e. Mckinney, William
]. Breene and Frank M. Breene. On
March the purchasers deposited $3490
with the United States court for the
western district of Indian Territory. The
lease was executed and Morrison and his
partners applied to the court, which has
in such cases the jurisdiction of a pro-
bate court, for confirmation of the sale
and approval of the lease. On June IL
these things were done. On June IL the
Laurel Oil and Gas company offered
$4,000 for the property.
The court set aside its own order and
on June II sold a lease of eighty acres
to the Galbraith Oil and Gas company
for $16,S00 and a lease to the other eighty
acres to the Laurel company for $4,000.
Gets Writ of Error
Morrison and his partners sued out
writ of error from the court of appeals
of Indian Territory to reverse the order
setting aside the decree of confirmation |
of sale and approval of the lease. They |
also appealed from that order. The court |
of appeals of Indian Territory CONSOLE |
dated the two cases, heard them as an
appeal in equity and affirmed the order |
below because the court was evenly d. |
vided in opinion.
Morrison and his partners then asked
writ of error from and took an appeal |
to the court of appeals, United States |
circuit, for this district. The controversy
over the eighty acres sold to the Gal |
braith company had been settled, so the
court had only the matter of the Laurel
company to consider.
LAS this is a proceeding in equity the
writ of error must be dismissed and the
case considered and decided upon appeal"
says Judge Sanborn.
1.-THE real question in the case Is, may
court of equity, during the term at
which the confirmation is made, lawfully
avoid an executed judicial sale which it
has confirmed on the sole ground that
larger price may be obtained by sec
ond sale?"
The vital part of the opinion follows:
Treaty StipuIations Defined
Another contention is that the merits
of this case are not renewable here be-
cause the sale and the lease to the ap-
pellants were subject to the approval of
the secretary of the interior, and hence
the order which avoided their confrma-
ton was not a final order.
THE act of congress which approved
and ratified the supplemental agree
ment between the commissioners of the
Creek Nation of Indians and the United
States, which was approved June 80. 1902
provided that leases by Creek citizens
4or mineral purposes might be made with
the approval of the secretary of the in
terror, but not otherwise.
by the act of March 8. 1905. making
appropriation for the expenses of the
Indian department and for fulfilling
treaty stipulations with the Indian tribes.
the secretary of the interior and the at
torney general were empowered to in
vestigate leases of allotted lands in the
Indian Territory and to bring suits to
cancel them for fraud. But the act ex-
pressly provides that no lease made nv
any administrator executor, guardian or.
curator which has been investigated by
and has received the approval of the
United States court having Jurisdiction
OF the proceeding shall need to be an
proved by the secretary of the interior or
attorney general, and that no lease made
by any administrator, executor, guardian
or curator shall be valid or enforceable
without the approval of the court hay
ing jurisdiction of the proceeding.
THE provision OF the act of June 20
1902, that leases for mineral purposes
might be made without the approval of
the secretary of the interior is inconsis-
tent with the grants of these later acts
There can be no full and complete 1uris-
diction of the guardianship of minor In
dams and of the leasing of their allot-
ments in a court whose judgments are
of another department of the govern
ment. Leases of allotments of Indian
minors approved by the trial courts of
the Indian Territory after April 20 1906.
were therefore not subject to the ap-
prevail or disapproval Of the secretary
of the interior. Those courts had full
and complete jurisdiction to sell the
leases and to finally approve and con-
firm the sales and the leases. The lease
to the appellants is in this category"
The court decided that the decree Of
the court OF appeals of Indian Territory
should be reversed and the case remand
ed to the trial court with directions TO
affirm and enforce its order and decree
which confirmed the sale and approved
the lease to Morrison and his partners.
Eighty per cent of the land, mineral
and agricultural, in the Indian Territory
is owned by Indians. Twenty-Five per
cent of this is owned by minor Indians.
The decision of the court of appeals in
sures that it will be thrown open to
development, owing to the renewed con-
fidence of investors in such transactions.
But the decision goes further than that
for If the approval of the secretary of
the interior is no longer necessary to the
raIa NJ 1ande NV Indians tho, -.