Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-02-16
GOVERNMENT CLAIMS COMPLETE OWNERSHIP
/ the
n o o II
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section but which were designated on
the plats Of the survey as lots. These
lots are made up Of Irregular tracts
containing less than forty acres OF
/ land and are bounded on two sides
by the regular lines subdivlding tho
section into forty acre tracts and on
tho third side by the meander line.
1t Is the contention OF the govern
ment that under the policy of al
! lotment adopted as the result OF an
agreement between the Creek nation
and the United States. the lands of the
| Creek Nation We're to be divided as
nearly equally as could be among
the enrolled members Of the tribe
In order to accomplish this division
| 1t was necessary to ascertain the
number Of members of the trlbc as
certained. the acreage of the territory
| known, it was then determined that
each member Of the tribe should be
| entitled to receive land to the value
of 100000. That for allotment pur-
poses the land should be appraised
| For the purpose of appraisement. the
price was to range from not to ex-
ceed $6.2j for the best land down to
not less can fifty cents per acre for
the poorest land. No citizen was to
/ be permitted to take more than one
hundred and sixty acres in area nor
more than 100000 worth of land
/ in value.
! Under this system it became neces-
sary to determine not only the acre
age Of these lots. but to determine
their value as we'll Persons entitled
to select land in the Creek Nation
were given the privilege of selecting
II at any place they saw fit so long
as the acreage did not exceed one
hundred and sixty acres and the value
of such selections did not exceed ST..
$4,000 Therefore an allottee could
select along the Arkansas river as
many Of these lots in as many diff
ferent sections as he should see fit
until the total acreage of the lots Sc
lected should equal but not exceed
one hundred and sixty acres and they
would be charged to him at the np-
praised value.
II was also part of the agreement
that If the land selected by an allot-
tee did not amount I'm value to ST.
$4,000. whatever amount II was less,
the allottee would be entitled to re-
ceive out OF the trust funds OF the
tribe when they should be finally
distributed, and bill is now pend
ing in Congress for the distribution Of
the trust funds of the Creek Nation
for the purpose OF equallzing these
allotmonts between the several mem
bers OF the tribe.
The governments first contention
in its suit Is that under "A proper con
struction OF the terms of the patents
that were issued by the Creek Ma
ton to the various allottees. the pat
ent does not convey any land to the
allottcc except the particular tract I'm
| acreage described as certain lot
in given section and bounded as
heretofore indicated, on one side at
least. by the meandcr line and that
the property OF the allottce ends at
that line. That any remaining lana
that may lie between the meander
line and the actual bed of the river
whether II be much or little In extent,
is still public, unsurveycd and unal-
lottcd land Of the Creek Nation. That
if such land possess any special value
on account Of growing timber, miner
ais oil. gas or other special feature
which renders 1t of value. the same
belongs TO the Creek Nation and not
to the allottee as a riparian owner
and incident to his allotment. While
it is contended on the part of the al
lottees In this suit that they by virtue
of their patent from the Creek Ma
tion. have the right to have It con-
strued under the general doctrine ap-
plicable to patents Issued by the Unit
ed States to its public lands. to the
effect that the boundary OF the land
is the river and that no matter where
the meander line may be they in fact
take all the land in the fractional
subdivision OF the section to the net
ual bed Of the river.
It Is contcnded on the other hand
by the state. which is a party to this
litigation. and by the-Pollard- -Haran
oil Company who claims to hold an
oil and gas lease from the state COW
erlng these lands. that the patent
from the Creek Nation conveys to the
allottee the right to the high water
mark Of the river wherever that may
be and that all the land lying between
the high water mark Of the Arkansas
River on either bank belongs to the
state by virtue Of its sovereignty.
That all the title in the beds If nav
lgable rivers passed TO the state from
the United States upon the grant Of
statehood. and that the state in Its
sovereignty capacity has the right TO