The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1922-01-15
indian APPRAISAL
DECREE REVERSED
BY Higher Court
Decision to Sell Choctaw
Coal Lands on the 1912
Valuation Is Enjoined
At Washington.

MUSKOGEE. Okla.-The fight over
valuation assessments op coal and as
phalt lands in the Choctaw and Chcka.
saw nations Is not over. The court
of appeals Of the District of Columbia
recently reversed the decision of the
supreme court of that district in al.
lowing a writ Of mandamus against the
secretary of the interior to compel that
official TO dispose of the property on
the basis of an appraisement made in
1912 and not on the basis of an ap-
praisement made In 1916 as the secre-
'ary's office contemplated
The proceedings were originally in
stituted by the McAlester.E Edwards
Coal company of McAlester. who de.
sired to purchase a large acreage Of
Choctaw coal lands in Pittsburg coun-
~ on the basis of the 1912 appraise-
lnent. The fight as to whether the
1912 or the 1918 appraisement should
prevail has been fought in congress
and in Washington courts for several
years. The Indian department has
maintained for the 1913 appraisement
Coal Miners Interested
hiNu'eiph thdt Npoi
would lose their homes as a result Of
the mandamus of directing the secre-
tary of the interior to sell to lessees
the surface of Choctaw coal lands at
the appraisal of 1912 was made by Of
ficials Of district No. q OF the United
Mine Workers of America with head
quarters in Muskogee.
The bill authorizing the sale of the
property carries a proviso that all i'm.
provements placed on the lands by
the lessees revert to the Indians and
must be sold with the property. 1t is
contended that since 1912 most Of the
improvements have been established
and unless the 1912 appraisal is used
the Indians will lose many thousands
Of dollars.
The United Mine Workers contend
that many Of their members built
homes or improved homes they built
was made on the 1918 valuation they,
100. would sustain a big loss. The
district organization of the mine work.
crs joined the fight to sell the prop
crty on the basis OF the 1912 apprais.
al.
Face 100000 Loss
loss Of 100000 to the Choctaws
would have to be pocketed if the de-
cision of the court Of appeals is up
he'd by the United States supreme
court, according to T.. o. Clark Of
Stigler, Choctaw tribal attorney.
II is a very close question that is
involved in the controversy between
The coal operators OF the Choctaw ma.
tion and the Indians and revolves
about the appraisement OF the surface
Of the segregated mineral lands, made
in 1912 and again In 1918. The latter
appraisement having been fully 100
per cent higher than the appraise
ment made in 1912.
Joker In Bill
In a proceeding brought by one OF
the McAlester companies to manda.
mus the secretary OF the interior to
compel him to follow the 1912 ap
praisement in the sale of the surface
Of the segregated mineral lands be.
longing TO the Indians the court OF the
District of Columbia ruled in favor OF
the secretary. The case was appealed
by the coal company and the court Of
appeals OF the District OF Columbia
overruled the lower court and held
that the 1912 appraisement should be
followed in the disposition of the sur
face. on which coal miners have
erected houses, and from which they
claim they would be evicted II tn,
coal companies should win their suit
This Is the decision reversed
II is said that the coal operators ar,
responsible for the insertion OF Q
'joker" in the bill providing for tn,
sale Of the segregated mineral OF IN,
Choctaw and Chickasaw Nations
which were reappraised In 1918, ant
that the operators should be entitled
to buy the surface under the 1912 ap
praisement.
The conl operators already claim IN,
surface or the lands under which thcil
mines are operated hut the secretary
of the interior dlsaprrovcd the sal,
under 1919 appraisemcnt