The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1914-04-10

sty Uu..ed States attorney in charge
file! n Injunction s- IL the fed
era. court in Oklahoma C.-y .a-e
. Thursday afternoon The action Ts-
taken 5y Taylor lade- Instructions
from United state Attorney Gen
e-aI McRey1o.ds and following a
conference between Taylor and ?. 4
saiu1s Of PaEh1ssa, tribal att5r-
ney for the Osage Indians.
The injunction IS directed against
six oil companies who oEn leases
covering ne river ed ~ prsc
,.cslly the entire distance between
Cleveland. In the Usage nation, and
Tulsa, al ot which vas granted 70
them b. the commissioners Of the
school land Office. The compan.es
involved are. The Brewer Elliott
OIL and Gas company Pawne Usage
Oil and Gas company, Ch.ckOsag
O1l and Gas company. Number One
Oh company. Arkansas River Bed
on and Gas company and the
Sc.o.o on company.
Primary Basis Of Suit
The suit is based primarily on
The claim tina. oy the act Of con-
gress in 1872 he channel Of tn
Arkansas r.g4- was established a,'
The so1ta and vest boundary La- o..
The Osaze nation b. virtue Of hat
fact he petition ayers thai the
Usage Indians own the river bed 70
Tho main channel This naturally,
conflicts with a recen, decision Of
the state supreme court. declaring
,he states right.lI oansrs..o ct he.
river beds Of all na,iga5Ic streams
In the state.
The federal petition Just filed
contends tina, the Arkansas rive. IS.
not in fact and never has been nav
i2a1le.
That even though the s-Tean q Z
were nav.ga5l4 and the state held
the title 10 irs river beds IFS title
would only Je for public purposes
pertaining 70 navigation and 'l= 81
Of the stream as a public higcway.
That such title wouH not permit
the state 10 sell, ALLEVIATE or lease
the beds OF the stream for any pur
pose and especially for oil and gas
purposes.
IT, is claimed further in the pet!-
ton that some Of the defendants
have caused to be erected derricks
and Instructions in the river bed
If the river is considered nayigable;
that such obstructions have been
made without authority from the
United States var department and
therefore, are removable by the at
torney general Of the United States
Supreme Court Decision.
The state supreme court in The
Larry No-L.gs, or Turkey island
case denied the states claim 10 the
island. holding that the title was
either in the Indian or the United
States. and Therefore the state could
not determine as between them.
But the state could also held that
the Arkansas river was naUgable
and that the state owned the bed
to the high water mark on the.
island. In this case the question
was not raised as to the power of
the state 10 lease or alienate the.
river bed
Should the federal authorities os-
tablish the ownership Of the Osage'
Indians to the Arkansas river bed
the states right to grant oil leases
in the beds OF nayigable streams
would De wiped out according toI
attorneys in the pending suit
Pending a hearing and final set
tlement Of the suit there is hkeh-
hood that oil operations in the ter
ritory covered will not be inter
rupted. It is understood that the.
oil companies have already express
ed "a willingness to have receiver
appointed who in his official ca
pacity would collect all successful
uugants in the present suit.