The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1911-03-24
TITLES TO INDIAN
LANDS AFFECTED
Decision of State Supreme Court is
Most sweepIng-severaI Hundred
Thousand Acres Affected.

Oklahoma City, Mar. 24.-After a
close survey of the opinion of the
state supreme court in the case of
Parkinson vs. Shelton from Okmulgee
county, lawyers from the east side of
the state say that it is the most
sweeping in its effect upon Indian
land titles in that section of Okla
homa ever handed down by any court
since statehood. According to Nate
Gibson of Muskogee, who is familiar
with Indian land conditions, the de-
cision of the court nullifies the titles
of thousands of land owners to sew
eral hundred thousand acres of land
in former Indian Territory.
The court held in this case that re
strictions upon the alienation of in
herited lands in the hands of the heirs
of deceased allottees Of the Creek ma
tion were not removed under the act
of April 21, 1904, and, further that
the homestead allotment of a citizen
who died intestate and without issue,
as we'll as his surplus allotment, ex-
cept with the approval of the secre'
tary of the interior, were inalienable
by his heirs prior to the expiration OF
five years from the date of the ap-
proval of the Creek supplemental
agreement, which became effective
August 8, 1902.
This decision, as interpreted by east
side attorneys who have examined it
means that any citizen of the Five
Tribes not of Indian blood who was
living at the date of the removal OF
restrictions from this class of citizens
April 81, 1904, had right to sell his
surplus allotment subsequent to that
time, but that if he died prior to that
date his heirs could not convey the
land, without the approval of the sec
retary prior to August 5, 1907, which
was five years from the date of tht
approval of the Greek supplemental
agreement
The principal classes of Indian citi
zens from whom restrictions were re
moved by the act of April 21, 1904
were intermarried negroes and whites
Between the date of the passage O
the congressional act ermoying the re
strictions from such citizens thousands
of the original allottees died leaving
their lands to their heirs When re
strictions were removed upon thi
class of lands Indian rerritory lawyers
took the position that the restrictions
were removed upon the lands in th'
hands of heirs of such citizens as vel
as in the hands of original alottee
still living.
AS a result several hundred thou
sands of acres of inherited lands wer,
purchased and large majority of tn
tracts have been transferred severa
times since that time passing from tn
hands of land men and spectators int
the possession of farmers who hav
improved the land. The effect of tn
decision is that such lands now yes
again in the heirs of the original alloi
tees, 1t is stated that in some case
towns and city additions have bee
laid out on such lands and in all sucl
instances the title to every lot is uT
set. The case will doubtless go to tn
supreme court of the United State
for final determination
Another decision of the suprem
court of vital interest to the east sid
of the state is that in the case Q
Hooks VS.. Kennard from Wagone
county, in which the court holds tha
where citizens of the Creek natio
died prior to the supplemental treat
approved August s, 1902. their alIot
ing to the Creek law of descent an
ments descended to their heirs accord
distribution and that at no time prio
to August s, 1907, when restriction
were removed under the terms of tn
supplemental treaty, could the land
of Creek Indians be devised by viii
1t is stated that during the year