The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-06
COURT RULES
0SAGE DEEDS
ARE VOID.

That the restriction upon the sale
Of Usage allotted lands Is impersonal
TO the allottee and runs with the land
Is effective against alienation after II
has been descended to his heirs, IA
the substance OF the holding OF Judge
John Cotteral ol the United States
Circuit court for the Western district
Of Oklahoma in an important opln-
ion affecting the lands OF Osages In
the case of the United States VS.. W.
II. Aaron and NJ. l.. Levin.
rhe opinion overrules the demurrer
Of the defendants and will be formal.
~ rendered at Enid today. In this case
the United States, through John EN-
bry, United States attorney, and his
assistant Isaac d. Taylor, brought
suit to enjoln the defendants from
plating or selling certain lands allot-
ted to Cena June. an Usage Indian
and seeking to have declared void the
deeds under which they assert title TO
the lands. The lands consist of
portion OF the homestead and the en-
Tire surplus land OF allotted.
The government claimed that after
the death OF Cena June, the principal
chief executed a deed for the home
stead to her heirs, with the approval
OF the secretary OF the in;eriorF bur
that the secretary did not approve the
deed for the surplus land. II is fur
the. alleged by the government tnat
no certificate OF competency was ever
issued 70 the allottee. and that How
ard and Pearl Buffalo and Joseph and
Agness Buffalohide, who had never
obtained certificates OF competency
or who had never applied to the sec.
rotary OF the interior for authority 10
sell the land. decided the land TO the
defendants for the consideration OF
81 900 for the homestead tract and
500 and certain notes for the surplus
land, and that the amounts paid for
The land were inadequate and fraudlf-
lent
Aaron and Levin filed . demurrer 10
the petition of the government, which
Is oyerrnled by the court. The grounds
OF the demurrer were that the govern
men, has no authority 10 sue as
OF an allottee, and Is without inter
est emitting II 10 maintain the suit;
that the lands involved are inherited
lands and subject to unrestricted alien
alton by the adult heirs Of ihe allot-
tee; that the court Is without jurisdic-
ton oyer the controversy.
As to the right OF the government
f.f in ~ hnf Ia
that congress may enforce any con.
dltion which IL attaches To It's grants,
and that the proper tribunal. at the
instance Of the proper party, may EN-
force all restraints upon alienation.
The court further holds. tnat. while
the title Of the lands may be vested
In the tribe OF It's members, such titles
do not vest in the individual members
without the sanction OF the govern
ment. and certainly not without be-
ing subject to the restrictions declar-
ed by congress. The court holds that
the disposition OF tribal property OF
the Indian tribe falls within the legis-
latiye domain that the power of con-
gre.s is supreme and its action con-
elusive on the courts.
In fact that the secretary OF the in
terror has never approved the deeds
to the surplus land OF Cena June rem
ders the deeds still without validity,
although they may have been approx.
ed by the principal chief, and title
thereto is not vested in her heirs
nor in the defendants as her grantees.
The opinion also holds that the act
of March ,. 1909, authorizing the sec
retary OF the interior TO sell the sur
Plus lands of the tribe. applies TO the
lands OF deceased allottees The al
lctment OF the homestead having been
approved by the principal G. lf and
the secretary OF the interior. held
to be valid and complete. hut Il is also
held that the restrictions against the
sale of the land run with the land,
even though the title Is vested in the
heirs Of the original allouee.
Therefore, it is held that the restric-
ton decends with the land aud its
protection extends to the heirs as well
as TO the original allottee. The court
holds, therefore. that the deeds ere.
cuted TO the defendants in the case
are void.