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· 2/12/1915

Robinson v. Long Gas Co.

Citations

  • 221 F. 398
  • 136 C.C.A. 642
  • 1915 U.S. App. LEXIS 1344

Syllabus

<p>1. Indians <@=16—Lease by Guardian—Approval.</p> <p>Under Act March 3, 1905, c. 1479, 33 Stat. 1060, providing that no lease of allotted lands in the Indian'Territory made by any guardian shall be valid without the approval of the court having jurisdiction of the proceedings, a lease of the oil and gas rights in such lands, made by a guardian and approved by the Secretary of- the Interior under the provisions of Act July 1, 1902, c. 1375, § 72, 32 Stat. 726, but not by any court, is void.</p> <p>[Ed. Note.—For other cases, see Indians, Cent. Dig. § 45; Dec. Dig. <3=16.]</p> <p>2. Statutes <@=226—Construction—Adoption op Construed Statute.</p> <p>Under Act May 2, 1890, c. 182, § 31, 26 Stat. 94, which adopted for the Indian Territory the laws of Arkansas relating to the estates of minors, the construction theretofore placed on those laws by the Supreme Court of Arkansas, that a lease by a guardian was void unless approved by the court, was also adopted.</p> <p>[Ed. Note.—For other cases, see Statutes, Cent. Dig. § 307; Dee. Dig. <@=>226.]</p> <p>3. Courts <@=42—Statutes—Amendment—Implied Amendment.</p> <p>Under Act May 2, 1890, c. 182, § 31, 26 Stat. 94, which adopted certain laws of Arkansas for the Indian Territory, and provided that wherever the word “county” was used in the Arkansas laws a judicial division of the Indian Territory should be substituted, and Act March 1, 1895, c. 145, 28 Stat. 693, which abolished the judicial divisions of the Indian Territory, established judicial districts, and vested in the district courts the same territorial jurisdiction, which the divisions had theretofore, the words “judicial district” are now to be read into the Arkansas statutes for the word “county,” instead of the words “judicial division.”</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 163-170, 181-183; Dec. Dig. <@=42.]</p> <p>(gs^For other c'ases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>

Judges: Trieber

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