United States v. Comet Oil & Gas Co.

Citations

• 187 F. 674
• 1911 U.S. App. LEXIS 5167

Syllabus

<p>1. Courts (§ 414*) — Jurisdiction of Federal Courts — Suits by United States.</p> <p>A Circuit Court has jurisdiction of any civil action which the United States is authorized to maintain.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 414.*]</p> <p>2. Indians (§ 16*) — Action on Bond Given by Lessee op Indian Lands.</p> <p>Under Act April 26, 1906, c. 1876, ,§§ 19, 20. 34 Stat. 144, which provides that full-blood Indians of either of the Five'. Civilized Tribes may lease any lands other than homesteads for more than one year, but that such leases must be in writing and subject to tbe approval of tbe Secretary of tbe Interior, and can be made only under such rules and regulations as be may prescribe, it is competent for him to require by such rules and regulations that all payments under the lease shall be made to an Indian agent, and that the lessee shall give a bond to the United States to secure the performance of the lease, and in such case the United States may maintain an action against the lessee and his surety on the bond for breach of such conditions.</p> <p>[Ed. Note. — For other cases, see Indians, Dec. Dig. § 16.*]</p> <p>3. Principal and Surety (§ 152*) — Joinder of Defendants — Action on Bond.</p> <p>Under Snyder’s Comp. Laws Okl. 1909, §§ 5568, 5571, the principal and surety on a joint and several bond may properly be joined as defendants in an action on tbe bond.</p> <p>[Ed. Note. — For other cases, see Principal and Surety, Cent. Dig. §§ 416-419; Dec. Dig. § 152.*]</p> <p>4. Indians (§ 16*) — Lease of Lands — Breach of Conditions — Action on Bond.</p> <p>Where an oil and gas lease of Indian lands, made as required by statute under rules and regulations prescribed by the Secretary of the Interior, required the lessee to pay a stated sum per acre each year as advance royalty td an Indian agent for the lessor, and was secured by a bond running to tbe United States, a failure to pay such royalty is a breach of tbe contract for which the