The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-08-16
,OURT DECISION
HELPS PIPE LINES
hold Right to Grant Right-of-Way
GL( ...... =. ..:.... :. =. '..'..
Oklahoma city, Aug. 9.-Three pip

oklahoma City, Aug. 9.-Three pipe
nc companies, operating in eastern
Oklahoma, benefit by a decision hand
Ma- ed down Thursday in the supreme
court commission by Judge Sharp in
the case of the Texas company versus
Helry from Okmulgee county.
The opinion holds that pipe line
companies may be granted right-of-
way across the land of minor Greek
Indians under the provisions of an act
~, of congress which gives the secretary
of the interior authority to grant such
permission. The provisions of the act
are upheld and the judgment of the
district court of okmulgee county, in
which it was held that the act was in
valid, is reversed.
Three pipe line companies are in
terested in the suit in which thou
sands of dollars worth of properties
are at stake. In passing on the right
of congress to enact legislation affect
ing the Indian tribes. Judge Sharp
holds that the government in it's posi-
tion of guardian for the Indians has
the right, through its congress, to
grant rights-of-way over the land of
Indian cinors when the public well
fare is concerned by providing for
just compensation.
The marriage question entered into
two decisions handed down by the
commission A marriage between first
cousins, both of whom are residents
of Oklahoma, although the ceremony
is performed in Kansas, is void in both
states, is the holding in the case of
Emily F. Fearnow ct al. versus Lutte
B. Jones from Kay county. Emily
Fearnow, brought suit to obtain pos
.9ssession of the land of H. HI. Fearnow,
Wlpon which Lutte Jones, who married
Musl Fearnow, had filed after his death.
ClThe court holds that marriages be-
Wes tween first cousins are not "yoidable,"
Lieut. are void,
McV The failure of a telegraph company
to deliver a telegram which caused
5. the loss of contract, makes that
company liable for damages is the
Jc holding OF Judges Ames in the case of
the Western Union Telegraph COM
pany versus A. P. Sights and W. Jor-
genson, appealed from Custer county.
Suit was filed to recover loss of profits
incurred by failure of the telegraph
company to deliver telegram. The
opinion holds that it is proper for the
sender of telegram to introduce evi-
dence to show that contract would
have been made if the telegram had
been delivered.
The commission holds, in an opin-
ion by Judge Ames, that an issue of
school district funding bonds must be
approved by the district court and
that they are invalid when issued un-
der any other procedure. This was
the decision in the case of J. w. Gard
ner versus School District No. 81, Kay
county.
Other opinions handed down Thurs
day are as follows: BY Judge Ames-
State versus Wade S. Stanfeld, affirm
ed; J. H. Bettes versus A. C. Cargyle,
Jefferson county. dismissed; Herman
A. Brockhaus versus Guy R. Baysinger,
treasurer Woodward county, affirmed
Frank Williams ct al, vescus U. S.
Joins, Jefferson county affirmed;
John S. Bilby versus Ada Brown, Tul-
sa county, affirmed McAlester-Ed-
wards Coal company versus Charley q.
Pruitt, Pittsburg county, affirmed: ].
3. Thompson, trustee, versus w w.
Murray, guardian, Garvin county, dis
missed.
BY Judge Sharp-First National
Tank versus c. D. Latham, Johnston
county, affirmed; First National Bank
versus A. J. Ingle, Johnston county,
affirmed; ] B. Landon, w. J. Howey
and j. E. Dunn versus ]. o. Morehead, |
Pottawatomie county, reversed and
remanded; A. G.. Streeter versus Ray
Mccoy, Noble county, dismissed A.
L. Streeter versus Leo L. Huene, |
Noble county, dismissed; Ellen M.
Sharp versus Choctaw Railway and
Lighting company, Pittsburg county, |
affirmed; Clara A. Dockstader versus
Austin Gibbs and g. w Gibbs, Greek
county, affirmed; A. S. Cox Fred Phil
lips and c. H. Daley versus S. P. War
ford, Stephens county. affirmed