Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-07-25
MandammS Proceedings Are
Started Against Lane
at Washington.
HASKELL AND MOWRIS
Will Determine Whether
Secretary Has Right to
Enforce such Ruling.

WASHINGTON. July 24-Formtr
Governor &. y. Haskell late Thursday
evening brought @maudHmuS proceed
ines here against Secretary of the In,
terror Lane in the name Of A0ty
ktNuuIus, 20 tuli-hloud Crtek Indian. 10
compel IA, secretary Of the interior
to aprroN, am OH lease uu the Ke,u,
olds allotment To- " :. Mowli, e.
Tulsa. The land is located in Mclu-
tuSh county aGd MowriS has oil
acreage I'M excess Of the $500 acres
which is permitted to he held 10y de-
partmcnt rules.
Reynolds praNs that tn, lease he
approved, as he will get cash for the
same as soon as the SECRETARY ar-
proves the least.
II L. SET forth in the petition ar
gumcutS which have been set tor Aug,
uSt ? I'm the district court here. That
the departments inSisteuCe on q $500
acre lease limitation operates I'm the
interest of the Standard ON company.
Started in 1902.
The purpose of the application is t.
Iestrain tho secretary of the interior
from enforcing the fifth clause i'm the
regulations promulgated 10y the inter
ior department i'm 1902 prohibiting any
person. finn CO. cooperation from lcas-
ing more than four Thousand eight
huuired acres If Hand within the ter
IituIN of the FiN, Civilized Tribes.
This rcgutattou has been enforced dur
irS all Of the intervening years, and
IS SIN ht,u" enforced toy the interior
department. Recently thousands of
! ldiau owners If lands potitloued the
department TO modify the ruling ou
he Ground that its continued enforce
Weut was dtletorious Ia the rights Of
the Indians. II was pointed out that
nearly all of the active development
Of the lands within the territory Of The
Five Civilized Tribes had been done
10y the big companies ana they hao
drilled mp the original allowance, Of
$500 acres and would agree to develop
an additional $500 acres or more il
permitted to do SO. II was plainly
statcd i'm the petition Of the indian
owners Of the land that many Of their
leases had been surrendered because
OF the Tow price for oil and that they
were deprived of revenue through in
ability to lease their property under
present conditions. II was suggested
that the regulations hC So amended
that where q person. firm on corpora
tiOn had gone ahead q fully deNcl-
oped the $500 acres Originally allowed
he or II should be allowed to lease an
additional $500 acres ana proceed
with the development. The Indians
believed thar this policy would have
ucn 70 their interest, to the interest
II the producer ana ~evrybOdy else.
Refuses to Listen.
The present secretary Of the interior
has nat 4rIN 1.tHA.I ,,4ittt ll4 nj "a.
listen to appeals for a removal Of the
acreage limitation, whether they came
from the producer or the Indian, and
has indicated his stubborn adherence
30 that policy by limiting the acreage
Of sublessees in the Usage rtserNa-
ton to $500 acres.
The present action in the supreme
court of the District Of Columbia is
brought in the names Of both the les
SOrs and the ~lCSsecs To several tracts
of land IN the Bald Hill district and
in the lower Creek country. None Of
ii is in the Gushing district. The same
reasons are set forth as i'm the petit
lions with the additional argument
that in a recent decision of The United
States supreme court in which this
very question was involved the court
decided that it was not within the
purNleN ut the secretary al the inter-
ior 90 impose restrictions and Iegula-
tons which would impair C~outractual
rights, and while final approval Of the
leases on Indian land might rest with
he interior department, the secretary
was without legal right to say that an
lnIian owner or any other owner OF
land in which the government exer-
cised a supervisory interest could Or
could not lease all Of IT or such por-
ton of il as he saw fit to dispose Of.
The application iOr Injunction points
u hat those lands from which the
restrictions have been removed are
worth from 81 to $40 al acre more
for oil n gas purposes than the ad-
Joining lands, which must be oper-
ated under departmental regulation
foT the reason that the Interference of
the department Tetards development
and is frequently 50 unreasonable and
unjust as 70 make the lease of no
value az n business proposition.
The supreme court Of the District Of
Columbia is the only court in which
proceedings may be had against a
cabinet officer, as this Is his official
residence and service can only be had
on him here.