AUCTION SALE OF CERTAIN SCHOOL LANDS. AN ACT Authorizing and Directing the Commissioner of the Land Office to Sell at public Auction Certain Public School Land Adjacent to any Incorporated City or Town. Be it Enacted by the People of the State of Oklahoma: Section 1. The Commissioners of the Land office are hereby authorized to sell and convey any portion of section sixteen (16) of the common school lands of this State lying in a separate tract at the time of the passage of this Act containing not exceeding eight acres, surrounded by railroad tracts on two or more sides and abutting upon a section line, whenever the same is adjacent to or lying within any city of the first class. Section 2. The said land shall be sold at public auction to the highest and best bidder, preference right to the les see, if any, to purchase the same, at the highest and best bid, and said sale shall be conducted in all respects as sales of other school lands under and by virtue of amended Senate Bill No. 1, approved the day of-1909. Section 3. The lessee of said land shall be paid for his improvements thereon, if any, in the same manner now provided by law in the sale of other school lands, Provided, that no land shall be sold under the provisions of this Act for less than the appraised value of said land under the appraisement of 1908. as Section 4. All moneys derived from the sale of any lands under the provisions of this Act shall be placed to the credit of the permanent school fund of the State of Oklahoma. Ben F. Wilson, Speaker of the House. Geo. W. Bellamy, President of the Senate. Approved March 20th, 1909. C. N. Haske!, Governor of the State of Oklahoma. AN ACT. Defining and fixing the punishment of conjoint robbery and amending Section 2126 of Statutes of Oklahoma, 1893. Be it Enacted by the People of the State of Oklahoma: Section 1. That Section 2126 of Statutes of Oklahoma, 1893, be it amended to read as follows: Section 2126. Whenever two or more persons conjointly commit robbery or where the whole number of persons conjointly commits a robbery and persons present and aiding such robbery amount to two or more, each and either of such persons is punishable by imprisonment in the penitentiary for not less than five years nor more than fifty years. Ben F. Wilson, Speaker of the House. Geo. W. Bellamy, President of the Senate. C. N. Haskell, Governor of the State of Oklahoma. AN ACT. Providing for one trial only in actions for the recovery of real property and repealing section 5356 of Article 3 of chapter 65 of the general Statutes of Oklahoma, 1908. Be it Enacted by the People of the State of Oklahoma: Section 1. That in all actions for the recovery of real property one trial only shall be granted as a matter of right, but the party against whom the judgment is rendered may secure a new trial in the same manner and for the same reasons as new trials are awarded in other cases, as provided by the Code of Civil Procedure. Section 2. That Section 5456 of Article 3, of Chapter 65 of the General Statutes of Oklahoma, 1908, be and the same is hereby repealed. Passed by the House of Representatives January 26, 1909. Ben. F, Wilson, Speaker of the House. Geo. W. Bellamy, President of the Senate. Approved March 23rd 1909. C. N. Haskell, Governor of the State of Oklahoma.. CURRENT DECISIONS OF THE SUPREME JOHN W. SANDERS, Plaintiff in Error, VS. ELIZABETH SANDERS, Defendant in Error. No. 909. Error from the United States Court for the Indian Territory, Western District, at Tulsa. Wm. R. Lawrence, Trial Judge. Reversed and remanded. 1. A citizen of the Creek Nation in possession of lands in said Nation who files thereon before the Commission of the Five Civilized Tribes under an Act of Congress approved June 28, 1898 and dies April 28, 1900, without receiving her certificate of allotment therefor is seized of no estate of inheritance and courtesy therein does not attach, 2. The allotment of a citizen of the Creek Nation set apart to her under an Act of Congress approved June 28, 1898 who dies in possession thereof prior to an Act of Congress approved March 1, 1901, without receiving her certificate of allotment therefor, is distributable to her heirs under patent therefor to them subsequently issued according to the laws of descent and distribution the Creek Nation as provided in Sections 6 and 7 of the Act aforesaid. 3. The surving non-citizen husband of a citizen of the Creek Nation who dies in possession of her allotment, set apart to her under an Act of Congress approved June 28, 1898, prior to her certificate of allotment therefor, is entitled, under the laws of descent and distribution of the Creek Nation an heir to his deceased wife and as such entitled to a "child's part" and to share and share alike therein with the children of his said wife her surviving whether they take by descent or by purchase. 4. A deed to an undivided interest in the allotment of a citizen of the Creek Nation, set apart to her under an Act of Congress approved June 28, 1898, who died in possession thereof prior to an Act of Congress approved March 1, 1901, made, executed and delivered by heirs of said allottee before the expiration of five years from the ratification of the agreement with the Creek Nation contained in said Act of March 1, 1901, and prior to an Act of Congress approved April 26, 1906, is void. 5. A deed to an undivided interest in the allotment of a citizen of the Creek Nation, set apart to her under an Act of Congress approved June 28, 1898 and who dies in possession thereof prior to an Act of Congress approved March 1, 1901, made, executed and delivered by heirs of said allottee after the expiration of five years from the ratification of the agreement with the Creek Nation contained in said Act of March 1, 1901, and after an Act of Congress approved April 16, 1906, is valid. (Syllabus by the Court.) DeRoos Bailey, Attorney for plaintiff in error. STATEMENT OF THE CASE. On August 26, 1907, Judson C. Fast, one of defendants in error, plaintiff below, sued John W. Sanders, plaintiff in error, one of defendants below, individually and as guardian of Elizabeth Sanders, Maude Sanders and Millard Sanders, minors, and Warren Mooney, defendants in error, defendants below, in the United States Court for the Indian Territory Western District at Muskogee; in ejectment for an undivided interest in "The East of the N. W. 4 and lots 1 and 2 in section 19, Tp. 15 N. of Range 19, East", containing 159. 56 acres, and stated his cause of action, in substance, to be that on April 28, 1900, one Sarah E. Sanders, a citizen of the Creek Nation of less than full blood and duly enrolled as such died intestate in said Nation leaving her surviving as her only heirs at law her adult children, Edward B. Porter and Ben E. Porter by a former husband and Edna Sanders and Millard Sanders, minor children by said John W. Sanders all of whom are citizens by blood of the Creek nation and duly enrolled as such except said John W. Sanders, her non-citizen husband; that after her death and after the Act of Congress approved March 1, 1901 and after the ratification on March 25, 1901, by the Creek Tribe of the agreement therein contained, the Commission to the Five Civilized Tribes, to-wit: on April 21, 1905, caused patents to issue distributing and alloting said land to which said Sarah E. Sanders would have been entitled, if living, to her heirs, one of which said patents conveyed that part of said land described as the "East of N. W. 4 and lot 1 of section 19, Tp. 15 North, Range 19 East" the other that part of said land described as lot 2. in said section 19, Tp. 15 North of Range 19-East, which were on April 21, 1905, duly signed by P. Porter, principal chief of the Creek Nation for and on behalf of said Nation and on May 23, 1905, duly approved by the Secretary of the Interior and subsequently duly delivered to said heirs; that under and by virtue of the terms of said agreement it was provided that the lands to which such citizens would be intitled, if living, should descend to the heirs of such citizens accord ing to the laws of descent and distribution of the Creek Nation and be allotted and distributed to them accordingly; that the laws of said Nation referred to in said treaty were as follows: (setting them out); that they were all the laws of inheritance of said Nation in force at the time of descent cast and thereunder on descent cast by said Sarah E. Sanders each of her said children thereby became the owner of an undivided interest in her said allotment; that on May 29, 1906, said Ben E. Porter made, executed and delivered and on May 31, 1906, said Edward B. Porter made, executed and delivered their respective quit claim deeds to plaintiff conveying to him their respective interests in said land which said deeds were duly recorded; that said Edna Sanders conveyed her interest therein to defendant Warren Mooney; that defendant John W. Sanders for himself and as guardian for said minor children and as agent for said |