Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-02-16


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land TO private lhdlNlduals' ana mas
done so 70 the Pollard ll0gan on
company by virtue ~ It's lease
This right and power of the state
TO make disposition of the land IN de-
MED by the United States as COM
plnntant, on three grounds First,
because Whutoyrr title the United
States ns sovereign could convey
to the state was long prior to the
grant Of statehood Of oklahoma,
granted and conveyed to the Creek
Nation I'm IFS sovereign capacity and
for the benefit Of AN the people Of the
state. That this trust is Of such char
acter that the state c"unot dissolve
the trust nor discharge it by the CON
yeying OF the title 10 private parties
Third. that under the terms of the
constitution of the state Of Okla
homa udopted in compliance with
the provisions of the Enabling Act
the state discaims AN right and title
in and to any lands belonging to any
of the Indian tribes So long as the
Indian titles remain eNtinguishcd ana
therefore is stopped from asserting
title to these lands until whatever
title or interest the creek Nation may
have in them by virtue Of It's grant
from the United states shall have
been oNtinguished. and, further, that
under the provisions of the constitu-
tion Of oklahoma, tie state has no
power 10 create monopoly and that
the conveyance Of the exclusive right
to any individual to take sand %
gravel or mineral or oil from the beds
OF the navigable streams Of the state
10 the exclusion of other citizens of
the state to take and remove the
same upon the same terms. is in the
nature Of a monopoly prohibited by
Section % of the State Constitution.
1t is not disputed in this suit but
that I'm navigable streams in the state
traversing public lands Of the United
States or where the lands adjoining
the stream were conveyed under the
general land laws of the government
and which are no part OF the lands
belonging to the Indian tribes affected
by the provisions Of the constitution
above referred to, the state has a
right under its police power to rcgu.
late and control the use Of riparian
property and may by its laws fix
the rights. define the title and impose
limitations upon the riparian owners
subject however to the paramount
right of the federal government to
regulate and control the use of the
beds of nayigable rivers and all parts
thereof even the riparian property,
for purposes Of navigation. But It is
contended the titles to the lands COM
prlsing the beds Of the Arkansas
River. if IL be conceded to be &
navipable stream. which IS situated
wholly within the boundaries of the
Creek Nation. occupies "A different
relation towards the state than could
be contonded for for other portions
Of the river which may not be sim
alarly situated.
Ii is understood that it is con-
tended on the part of the state that
under the common law the Uniten
States by virtue of It's sovereignty
during territorial DAYS held the title
to the beds Of the navignbie streams
in trust for the benefit OF the public.
and the future state to be created
and that such rights extended to the
high water marks Of the stream. with
this contention, no particular contro-
versv is made. except as to the latter
portion. namely the point to which
this trust title extended. It is the
contention of the United States that
the great weight Of authority under
the comomn law was that the adJOln-
Ing property owners owning land
along non tidal navigable streams and
having riparian rights thereto. owned
to the center Of the stream and not
TO high water mark. The doctrine
of high water mark as known in Eng
lish common law applied only to tide
lands and not to navigable streams
in which there were no tides, such
"a the Arkansas river. However. in
this country various states have
adopted different rules affecting rip
arinn rights. some applying the rule
limiting them TO high water mark.
others extend them TO low water
mark: some 10 the middle Of the
stream. Some states have ignored the
rule entirely, notably In the western
states where irritation is extensive