The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-05-16


business OF becoming the beneficiar,
les of the wills of full-blood Indians,
that is a circumstance which. it
seems to us, is proper for consider
alton in ascertaining whether or not
they have eXerted undue Influence up
on any particular one of these In
dians. The white man belongs to a
different race. The Indians in this
state, by virtue of the distribution OF
erty owners Many OF them are the
owners OF valuable property. The full
blOOds, as q general rule, are known
to be peculiarly subject to the loss
of their property at the hands Of de-
signing and INSCRIPTIONS white men.
The courts should be astute to fur
nish them protection, and every le-
gitimate rule of law should be most
hberally applied in their interest
1T is not natural that one white
man should be the beneficiary of he
wills of five bull-blOod Isdians II is
not natural that after fuil-hiooi In
dians have sold to one whltc man
| their inherited lands for mere frac-
! ton of their value that they should
be under such heavy obligations to
him that they would then voluntarily
walk into his office and ask him 20
draw wills for them, creating him he
sole heir of all their allotmerts as
we'll as their inherited lands. This
Is particularly true when it appears
that here is doubt in .ha minis OF
the white man about the legal right
of these full-bloOd indians to sell thcir
SUSPECT that these wills have SOME
thing to do with perfecting the title
/ which the white man has purchased
for nominal consideration Evi-
dence of this kind strongly leads us
toward the conclusion that the wills
resulted from the same influence
which induced the Indians to make
The deeds for a wholly Inadequate con
sideration, and if the admissabiliiY OF
this evidence can be reconcled with
established principles of iaw, it
should certainly be admitted
A $4,000 Judgment against the Bo-
koshe Smokeless Coal company and
Edward, Henderson, obtained by Rob
ert H. Moorehead, appealed from I.e-
flore county, was also overruled in
an opinion by Judge Ames. The jury
at the first hearing awarded More
head 100000. This was reduced by
the trial court to one half that sum
The coal company leased the mine
from the Indians through the inter
ior department, and Henderson was
II sub-lessee from the coal company.
1t was shown that he placed More
head at work in the mine cutting
down vein of coal, the man having
had no previous experience in the
work, and is alleged to have so in
formed Henderson. He was directed
70 continue, without. however being
warned of his danger. The coal fell
and Morehead was injured.
The case as appealed involved the
doctrine Of master and servant Not
withStanding that Henderson in his
lease from the company agreed to
operate the mine under rules of the
department and acts of congress and
Notwithstanding the company retain
ed general supervision of the work.
the court held that Henderson was
an Independent contractor. Invalid
ity OF the lease in question, the court
said, does not strike down the rela-
tion OF master and servant existing
between the sub-lessee and his en-
ploye, neither does it, the court holds
create the relation of master and ser
want between the original lessee and
such employe. and the latter is not
authorized to recover from the such
original lessee, which in this instance
is the coal company.
In the case of Sillia Hoteyabi and
others against T. II. Vaughn, A. p.
/ Cash and G. c. Buxton, appealed from
Garvin county. Judge Robertson af
firmed the lower court, and announc-
ed that the same question was de-
cided by the supreme court in the
case of Hancock and others against
the Mutual Trust company. deliver
ed by Associate Justice Dunn in July.
1909 Reference is also made to the
case of j. s.. Mullen and others
against the United States, decided
by the United States supreme court
April 10. 1912.
Where the statutes point out the
method of serving processes upon a
domestic CORPORATION. such method