The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 8
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256 FEDERAL REPORTER
of stock running upon the same." The answer then deals with the
specifically described tracts raising various questions concerning the
authority of the Secretary over grazing and agricultural leases on
Osage Indian lands in the different instances there illustrated. The
answer concludes with a prayer:
"That the court declare and decree that these defendants may, without any
violation of any authorized rules and regulations of the Secretary of the In-
terior, lease lands from the parents of minor Osages; also lands which are
under the control of guardians and administrators duly appointed by the
county court of Osage county, Oklahoma, and lands which are inherited by
members of the tribe from deceased members of the tribe, even though such
members do [not?] have certificates of competency, without conforming to the
rules and regulations of the Secretary of the Interior concerning the leasing of
Osage Indian lands, and that the court decree that the Secretary of the In-
terior has no authority under the law to promulgate rules and regulations
concerning the leasing of lands of any of the members of the Osage Tribe of
Indians and define and determine the authority of the Secretary of the In-
terior concerning the approval of farming and grazing leases of lands be-
longing to members of said tribe."
The decree of the court found that the following kinds of leases
were invalid without the approval of the Secretary, to wit, of land of
minor allottee by parents one of whom was a white nonmember of the
tribe; of land of minor allottee by surviving parent, a white nonmem-
ber of the tribe; of land of minor allottee by parents after both of them
had received certificates of competency under the Act of June 28, 1906
(34 Stat. 539, c. 3572); of land of minor allottee by father after re-
ceipt by him of such certificate of competency; of homestead allotment
by competent Indian after receipt of certificate of competency under the
above statute; of surplus allotment of noncompetent adult; by such
heirs of lands allotted to noncompetent adult heirs (deceased dying in-
testate August 3, 1907, before selection of land); of surplus land,' by
noncompetent devisee; by a white nonmember of the tribe who was
grantee under warranty deed from devisee of sole heir of land allotted
to said heir as heir of Indian dying before June 28, 1906 (deceased,
heir and devisee all being noncompetents and devisee receiving under
will approved by Secretary providing "all devises of real estate made
hereunder, are made subject to the condition that the real estate shall
not be incumbered or alienated, without the consent of the Secretary
of the Interior"). It found to be valid, leases executed by a guardian
duly appointed by the county court, such leases being duly approved by
the county court, on lands of minor allottees, and declared a certain
lease would have been valid had it been made by a duly appointed ad-
ministrator of surplus land allotted to decedent.
As to certain lands held in common the decree found as follows:
(1) That where the lease was upon land' inherited from allottee by
his father, to whom a certificate of competency had been issued, and
by his mother, to whom no such certificate had been issued, and the
father thereafter had lost his interest through foreclosure of a mort-
gage placed by him thereon and the purchaser thereunder and the
mother had executed a lease that the lease was valid as to the interest
of the purchaser and void as to that of the mother; (2) that where
the land of an infant allottee descended to his father, a noncompetent,
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/22/: accessed January 23, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.