The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-08-20
IN THE OIL FIELDS
once saA, Residence s4Aa. W. H. PECK. r. o. Boz sss.
association ActiOn on
indian titles
r. o. Boz sSs.

Tho legal committee Of the ma -
Continent on q Gas Assn held a
session saturday at which the de-
/ cislon Of the United states court OF
appeals ~ the Eighth circuit In the
case Of the Sporry on g. Gas Co. W..
Chisholm wa discussed.
Tho court held iu this case. 20
the surprise OF the legal fraternity.
/ that 1u OH and gas Loose made by n
/ restricted indian ou bite homestead
ana approved by the secretary Of
the interior. was invalid because not
| signed by the lcA4sur'H wife, thus
applying the state law in cases Of
restricted Indian inuds. where 10 has
always boon supposed that tho fed
orll law was supreme and cxclu-
eiyp
Tho case viii be appealed and In
the meantime the association calls
the matter 20 the attention OF the
department Of the interior, by means
az tho following resolution adopted
by the committee Saturday;
Resolved. that tho MAC Continent
OF & Gas Assn. hereby call the at
tcntion OF the department OF the In
tcrlor IA the case or tho Sperry OIL
~ GAs Co. ~ A., appellee. W.. pearl
Chisholm, appellee. recently decided
by the circuit court OF appeals OF the
-'S Trihhis ' opinion holds that whore
an Indian is the owner OF rctricted
lands ana has q wife ana rcsldea on
said lands as n homestead that n
deed or lease 10 said land has TO be
executed IN accordance with the Java
of oklahoma az wen ms with tho
laws OF congress ana rules ana rcgu-
lutlona OF the department.
1T seems TO this association that
tho u%nbrukcu course Of the depart
mcnt has been Ia hold that whore q
Lease or deed on restricted lands
II made In conformity 10 the laws
OF the United states ana tho rules
and regulations of the department
that such deed or lease IL good and
does not have 10 be executed in ac-
cordonce with the laws of the state
OF oklahoma and many deeds and
especially oil and gas mining leases
have been made on restricted Indian
lands which have boon executed
solely in accordance with the acts OF
congress- and the rules and reRula-
lions OF the department and not In
accordance with the laws Of OKLA
hOma In regard 20 execution Of CON
veyanccs Of statutory homcsteads.
which leases have been approved nv
INC utphflllfNt niu accepted ny tHc
public without question NJ TO their
legality until the decisions IN the
above case.
lowing 70 this condition ana
owing to the further conditions that
many members OF this association
W or may own oil and gas mining
leases, approved in conformity with
the act Of congress and the rules
and regulations OF the department.
but which are or may he void under
the decision above mentioned. and
such deeds and leases were accepted
on the faith OF the departments con
%struction of the law, we request that
the department will take measures 10
recur permission 10 become a party
TO such litigation and file briefs
therein upholduns the validity Of
deeds and on and gas mining
leases executed and approved by the
department in accordance with the
laws congress and the rules and reg.
ulations OF the department. so th'
attitude OF the department and III
construction OF the laws OF tho
United States may bo authoritatlvely
and officially brought 10 the atten'
ton OF the courts"