The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-13
JURISDICTION OF FEDERAL
COURTS ENTERS QUESTION
Judge GaThsT'S Decision Affects
Numerous Oil Interests Of
Great Magnitude

Specia1 10 Daily Leader.
NnWata Okla. JuIy 13.-One OF the
most important legal questions iaYol
wing ne jurisdiction Of the United
etaIes courts of the Indian Territory
and the validity Of oil leases was de-
r,aaa by Judge Gerber, special judge
acsiened from the twentieth Judicial
.district, in the case OF the Weilssite
az; company, q cooperation vs. MAR
tia Miller. full blood minor lndiah,
cra the Aipha on company, a corpor-
elton. The property rights involved
exceeded $4,000, the plaintiH pelhs
represented by Neasey and koWlalu'
a BarslusYille and the defendants Dy
Campbell. Gormly, Sneiman anu
Greeg. tie latter United States dis
tfici attorney for the Eastern district
On the 5th day OF April, 1895, un-
der an order OF court, sydney x. bar
lett and Edward II Smith OF lndepen-
dence Kansas. obtained lease from
sbe guardian ef Martha Everett, a tuli
blood minor indian, upon her ellot-
nert. which lease was to continue
during the Minority Of saiitS minof
SAID lease was then assigned, win the
approval OF the secretary OF the IN
terror, to the Wellsville OIL company.
saort time prior TO the expiration q
sala lease and about seven months
prior 70 the expiration of the minority
rf gaid minor. 81 Juue. 1907 upon us
petition 81 equity in the Onied states
co1Il before Lnman h. Parker Jr., see-
inv IS United state judge for indian
Territory. Tie Wellsville oil company
ob,ained an additional lease on said
land. extending for q period o. 10
wears. which said lease was ratified
aua approved on the 2fth day OF July
1l907. by the United States court sit
ting In chancery. but disapproyed by
the secretary Of the interior.
Upon arriving at her majority. Mar
tia Miller and the defendant Alpha
on company, claiming rights tarougi
and unden her, upon interfering witf
lie riebt3 and possession OF the Wells
VILE OF company, were RESTRAINED
therefrom upon the appucatlon o
oiaintiH. The Wellsyille OH company
then brought a suit IN equity ID th'
district court OF the state, TO nave
their rights under their 15-year leas'
obtained in the United States courl
determined. A demurrer to the pet
ton was interposed, which raised th
question OF the jurisdiction Of the Un
ted states court exercising CHANGER
powers to authorize the lease OF a fuI
blood binor Indian, through rs guagt
San. beyond the period OF majority ]
CARRIER held that the United state
courts of Indian Territory were crei
fqa bv acts Of congress and were Vei
ted only with such jurisdiction as wa
conferred By law that court
equity had no inherent power or luri
6icbon superior 70 legislative cnae
ment over Infants to lease or dispos
Of their property beyond the period
their majority; THAI sucn lurisdicnc
Is limited ny si6iute; that under q
act OF Anrn 2S. 1904 extending &c
tfu laws ui Arkansas in force ln
dian Ieriiury, the jurisdiction
the Unicd slaes courts over peisoi
ANA estates was limited by the ado
ted siatules ef that state aud su'
sntUies dif not confer power und
the cifcummances OF this case 70 III
p0ss of the property Of minor !
9erind exeeealng "A years beyol
his inaioritg. tant under the Curt
act q AMI 2G 1905 an leases OF g
blood aictes af The CDocihw, On
kasaw. cherokee creek, and Sen
mole tribes could only be made subje
io tie approval 0f the secretary Of Z
iaierior ana without such approx
wer paU anl az DO ennect; that