The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-05-16
OIL LAND TITLES
NOT DISTURBED
j. S. MULLEN MAKES STATE.
MENT CONCERNING TITLE To
DEAD CLAIMS" IN OKLAHOMA

Situated in the heart OF the Chick
asaw country, where our finahcia.
welfare is absolutely dependent up
on what comes from the ground, We
are as sensitive as a Fahrenheit ther.
mometer to anything that may at-
feet the stability of title said J. s.
Mullen. the states largest farm land
owner, of this city today.
The incomplete da,a afforded by
Geographic adyices regarding the de-
cision yesterday of the supreme court
OF the United States in the case
styled Marchie Tiger VS. the West
eru Investment Company and the
conclusions drawn theretrom are cal
cula'ed TO mislead the public.
q was present in cour, when the
case was twice argued, | assisted
somewhat in the briefs, and feel that
know something of the nature Of
the case. Our people were shocked
as never before yesterday afternoon
when j, became known on the streets
that the federal supreme court had
decided, as announced by Justice
Day, contrary to what had been eX-
pected. The public prints led one to
believe, as usual, probably, tIat
no titles here are good, no matter
of what character. Such erroneous
impressions are exceedingly harmful
TO an agricultural community such
as this.
This justly celebrated case is not
one arising directly out of conditions
as they obtain in the Choctaw Chick
asaw countries, but arises in the
Creek nation. Section sixteen of the
Creek Supplemental Agreement pro
vides that neither the individual al
lOttee nor the heirs of any deceased
allottee, may sci! any Creek allotted
lands for period of tive years from
the date of the statute, namely, on
the 7th of August, 1902. The Choc-
taw-Chickasaw agreements nowhere
have such a limitation. Just to the
contrary is the rule that obtained
here. Under our law, the heirs of
deceased allottee, whether they be
OF full or mixed breed, may convey
the lands so inherited This rule
prevailed until the enactment of the
statute of April 26, 1906, the 22nd
section Of which provides that hers
may convey but where such heirs
are Of full blood the conveyances
must be approved by the secretary
of the interior.
In the case under cons deratiOn,
Marche Tiger inherited four allot-
ments in the Creek nation, by reason
of the death Of his brothers and
sisters, on August s, 1907, conveyed
to the Western Land Company, Il
corporation duly organized, having
its place of business at MuskOgce,
Creek nation. Alterward, Tiger
sought to repudiate the conveyances
thus made, and flied his bill in
equity in the federal court for the
Western district of the Indian Ter
ritory at Muskogee. The master
found in favor of the company;
Judge Lawrence disapproved Of the
masters report, and statehood com
ing on, the case was transferred
from the court of appeals for the
Indian Territory to the state supreme
court. This tribunal reversed the
lower court, holding that section %
was an enabling section and was
not intended to apply to inherited
lands of the character of the lands
involved aud no approval of the see
retary was necessary as section p
related to approval of conyeyances
made under the provisions of this
act.
SThe case then went on appeal to
the federal supreme court, where it
was twice argued at great length,
S. T. B'edsoe OF Oklahoma City and
Geo. A. Ramsey of Muskogee appear
ing for the defendant company, Wade
Ellis of Ohio and r. L. StuPdevant OF
ST. Louis appearing for the govern
ment and the complainant Tiger. In
the higher tribunal, the land com
pany took the position as announc-
ed by the state supreme court, and
went further by averring that since
the Creek Indians, under act of
congress Of March 3, 1901, are citi-
zens of the United States, and that
patent had been issued, section %
Of the act OF April 26, 1906, just
quoted as we'll as section 19, known
as the McCumber amendment, which
,yac an anlarparnpnt or pytpnSiOn of