The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1918-02-21
Usage INDIANS
WIN ARKANSAS
RIvERBED CASE
Continued from Pay. ~

'NNWN'NHNu F'VW faVs W
company and others In this case lhc
state oi Oklahoma Wa mtef,enOr
win Appeal Case.
The property directly involved m TN,
suit Is the Arkansas fiycrbcd adjacent
10 the Usage nation, m section, /. H.
and ~, range ! east; section, %. Z, Z. 4.
Is, In range y east section 70. range Y
east, all In township y The iamou,
Turkey Island Is included in this prop.
cfty.
Attorney General Freeing aid the
case viii be- appealed ~ me supreme
court n ihr United State,
The get oi the courts decision m the
case follow,
This river lps certain known chAnc.
t~srlHtics II IN 600 miles long. second ln
importance ~ % tributary N the Misris.
Hippi, IN outlet for n rrDNi Hr"I. sud n
iH nl,igablr probable 600 rules from Co.,
mouth nui n tHH u winding yUurs,
broad ChHUnI Hud Re bed n HHil Which
moves and lodges Wlih the currents
There are accounts, not frrc Of conflict
with others, N ~ uso 10 an extent Tor
transportation ne kansas Uni south from
ArkuusnH Gus. lut whatever weight may
be- due 10 Known facts Or reuut,d mat
turf, tending 10 show thHi tho river o.
Or ever WIS n~1yirnble IN fact. above the
mouth NJ the Grand river iu ihis state, %
10 certainly overcome BY explicit proof
Navigation Exceptional
THE prevailing and ultimate opinions
of tho engineers present HlruIg showing
~ expert evidence from uu accurate
source against tho ~uhylglbllty NJ the
FHN#H IU F.NN UH UFFH. H#n.. YN#.... HN.H
point ~ W substantially confirmed Nv
tho pilots, bOulmrn auu others from oh.
Dryutlun md experience The use Of
thri portion N the river for i~runspuria.
ton boats has been exceptional and nrC.
'7vaflly ON high water vHs found Inn
practical aud WIS abandoned The rhr.
iug of logs and freight has boon attended
with difficulties p]reuluding UNITY. There
wnH no practical susceptibility 10 uHe M
u highway Of trade o. travel Tho logis.
latlon and public acts are deemed iuHuf.
ilclcnt 10 make out nAyigAbility. Tho de-.
pAftmsnts of war and the interior concur
IN a holding against n. To conclude upon
tho record and the relevant facts entitled
10 consideration that the Arkansas river
Ia or ever has been nnvigAble above Grand
river In Oklahoma would be 10 sustain "A
theory against n fact.
by the tests given In controlling au-
thority, but one finding IL Justified In
THIS case. and that In, Tint II II clearly
established that such portion Of tho Ar.
kansas river IN not and has not been
navisable, and hence that II Ia not and
has not been nAvigRb bio along the souin
boundary OF the Usage reservation and
AZ tho particular locations here In con.
troversy,
Tribe Acquires Title.
Such finding will he made n fol-
lows, NJ n matter OF law, that the Osugr
tribe acquired tho title TO the rlyefbed
TO the middle Of the main channel along
tho south boundary Of It's reservation.
now Usage county and ut the location
In controversy. and thereby became AMI
II the sole owner Of the underlying oil.
gas and other minerals, and that tho
United States holds the title TO such nor
TONS Of tho rlvetbed and said minerals
In trust for tho tribe. subject TO lease
only for It's benefit, and M provided bv
law, md that the defendant ~lesseea and
the lntervoners have M right. title or
interest In or 10 said portion OF tho river
bed or the minerals therein.
"A decree will be entered 20 that a.
feet. and quleting the title Of the trlbe
and the plaintiff, M It's trustee, to said
portion Of the riverbed and minerals.
and further that the receiver be ordered
to pay TO the United States In trust for
tho tribe the net funds heretofore and
49, "AN'a 'AlAe'N W nun lNNll NV wv
and gas therefrom, and that the l%cssees
and lnterveners be denied any portion
OF said funds and be perpetuRlly enIoinrd
from prospecting for or taking oil. gas
or Other minerals from such portion 81
the rlverbcd. and that the lenses here
In question to that extent be cancelled
and held for nRught.
The cause viii he retained for tho
purpose Of settling and paying the costs
and charges Of the rccciyershlp aud ap-
portioning to the plaintiff for the tribe
lta Interest in the funds of the receiver,
and for the asccrtainment Of the rightful
claimants and owners Of the residue
thereof. and tho apportionmcnt and pay
ment to them OF the same. and further
for the purpose OF taxing all costs herein,
and making Of all proper future orders:
aud In the meantime. and during the
pendency Of any and all appeals In this
cause. the receiver win he continued ns
heretofore directed. subject to future
orders