Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1918-03-15
In the Oil Fields


CONTINUED FROM PRECEDING FACE
Not 80 Had M Might Re-
Another unexpected decision on
Indian titles has been handed down
hy the supreme court Of the nlted
states which will have the effect oi
upsetting some of the titles IN the
eastern half OF the gtate, The case
IL known Us the BfadCr- James case,
which Yas decided by the state su-
prtmc court I'm January, lolb Tho
ccec involves the homestead allOt-
mout uf Corona Wallace, "A fun blood
t'huctaw Who died In 1905. Rachael
James. her daughter, also tull
blood ChoCtuW. made deed OF tho
homestead In August. 1907, which
was not approved by the secretary
OF the interior. The supreme court
held that altho the death OF the al
lotee removed restrictions on the
land and II remained hlienable up TO
Aprll 90, 1905, the act OF congress
uf thnt date rsimposed restrictions
and. therefore the deed was void
Justice Hardy dissented from the
decision OF the court In strong
opinion. which the majority OF the
bar believed 10 be sound Tho Su-
preme court of the United Statos at,
firmed the decision In an opinion
written by Justice Day, which is very
brief He holds that while the
tribnl relation OF the Indians re-
mains. the guardianship OF the Unit
ed States remains. While the Unit
ed States circuit court OF appeals
has held In two vases that congress
had no authority 10 reimpose re-
HtriCtion, that once had been re-
moved, the supreme court. In the
prader-James case, for the first
time. holds that congress had au-
thority 10 reimpose such rcs'rlc-
tiouH
The act Of April %. 1906. upon
which the case was decided provides
that the heirs OF any deceased IN
dian whose selection has been made
or to whom a patent has been issued
for his or her share OF the land of
the tribe to which he or she be-
loneed may aell and convey the
lands inheri.ed from such dece-
dent with dhc approval OF the sec
retary OF the interior As llnchael
james actually inherited the lands
Of Cerena Wallace. she came within
the provisions OF tho act mentioned.
There is, however another case
known as the Mallory Bushyhead
case decided by the United States
circuit court Of appeals and now
pending In the supreme court Of the
United States OF far more impor-
tance than the Brader-Jnmes cnsc.
That case involves nllotmenis made
directly 10 the heirs and on which
no reHtfictions were ever placed
Such lands IRE not inherited lands
and the circuit court Of appeals held
that the heirs could convey their
interest without obtaining the ap-
proval OF the deeds either by the
secretary or by the county court II
is tO this class that the Barney
Thlocco, Emma Coker, and Loly
Jack nllotmenta belong, Until tho
supreme court NJ the United States
has reversed the decision OF the cir
cult court of appeals there IL no
present cause for alarm II he au-
preme court should take the view
that congress intended and did by
the act OF April 26, 1906 place re-
strictlons for the first time on al-
iotments belonging to this class then
largo number ~ titles win h"
footed, altho even In such cascs ;l"
titles might he cured hy prH
ton II IL belleved that ~" All.'ors-
Bushyhend case viii pr7uei In
The supreme court this spring