The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-05-28


OF the decision of the supreme court
of the United States in the now cele-
/ brated case styled Marchie Tiger VS.
Western Land Company, is the opn-
ion rendered Tuesday by the supreme
court of Oklahoma in the cause styled
/ Eatmon VS.. Maharry These two opin-
ions of the highest courts have done
more to clear Indian lands OF clouds
on titles than the decisions OF any
| courts since the inception of allot-
ment. Millions of dollars worth OF
lands in eastern Oklahoma are in
volved in these opinions, particularly
in that rendered by the supreme court
of this state. These will do much to
render the Indian land titles stable
and permanent.
Section twenty-five of the act of
congress of April 26, 1906, provided
that conveyances executed by full
blood heirs to inherited lands of all
the five tribes must be approved by
the secretary of the interior. The act
of May 81 1908, section nine provided
that such conveyances should be ap-
proved by the probate court OF the
state of Oklahoma having jurisdiction
of the settlement of the estate of the
deceased allottee. Between April 70,
1906, and May %, 1908, in the course
OF nature many hundreds of Indians
died leaving full blood heirs to these
allotted lands. There has always been
and is yet, much red tape and delay
incident to departmental control of
lands, particularly with reference to-
the approval of conveyances of the
character under consideration. This
resulted in few, if any, approvals by
the interior department, of lands
sought to be conveyed between the
two dates mentioned. However, i'm
mediately upon the passage of the la
ter act, substituting state control for
federal control, because of the fact
iildJ llle SldIt JuuSto al ldlhIlioi "i'h
conditions, being on the ground; be-
cause of their easy access to the pub
lie and their disposition to treat both
the indian and white settler alike,
/ conveyances to many thousands OF
acres all over eastern Oklahoma We're
on proper showing approved by the
! proper Oklahoma court.
For a year or more, the department
regarded these judicial approvals by
the local authorities as binding under
the act referred to. Later, however,
/ Attorney General Wickersham render
ed an opinion, holding that where
the allottee died prior to May -, 1905,
and though the deeds conveying the
/ land were executed subsequent there
to and approved by the state courts,
that under section twenty-five Of the
act of 1906, the approval of the secre
/ tary was necessary to convey good
and valid title.
The soundest lawyers familiar with
Indian land titles all over eastern Ok
/ lahoma gave little, if any, weight to
the opinion but since it eminated
| from high source of federal author
/ ity, it caused a cloud to be cast over
/ titles of this nature pertaining to lands
estimated to be worth at least two
million dollars, located among the
/ five tribes.
| Steps were Immediately taken to
prosecute a test case to the highest
judicial tribunal of this state for the
purpose of determining the correctness
of the Wickersham opinion. Judges
| Hayes and Williams disqualified them
| selves in this cause, and Judge Gal
/ braith, former chief justice of the SUI
preme court of Hawaii, living at Ada,
and j. II. Gorden of the firm of Stuart
! & Gorden. of McAlester, and who is
regarded as one of the very ablest
lawyers of the state, under the law re-
| lating thereto, We're appointed by the
| governor in lieu of the two regular
| judges. Exhaustive argument was
had before the court, and after mature
deliberation the court has just held
that the attorney generals opinion IS
wrong and in error. that such convey
arces do not have to be approved by
I the secretary of the interior
The court. in rendering its opinion,
quotes from the Marchie Tiger case to
! sustain it's position. That it is sound
and meets with the unanimous appro-
val of the bar is announced on every
/ hand.