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Show COWdI8810NER OF INDIAN AJWAIRS. 113 Bartlesvil1e.-The Cndahy Oil Company made application for a modi-fication of its mineral oil lease, covering section 12, at Bartlesville, Cherokee Nation, so as to permit of the gauging and reporting of oil taken from all its wells within Bartlesville, instead of being required to gauge and report the product of each well separately. The question was referred to the Assistant Attorney-General for theInterior Depart-ment, and in an opinion rendered by him January 26, 1904, and approved by the Secretary on the same day, it was held: Until sale town lots in Bartlesville are common property of the Cherokee Nation. The occupants or posseasom have no right greater than a right to undisturbed pos-seaaion and use of the surface. Upon issue of sale certificate the holder's right under the act of July 1, 1902, becomes like that of a hol&r of final certificate upon a homeatead or cash entry of public lands. Unless he has in some way consented to take a less estate than that contemplated by the statute, his right, while the certificate is in force and no adverse right is asserted, is to receive all renta, issues, and pmfita as fully as though already seized of the complete legal title. * * * When an individual right attaches, the right to a gauging of any well or group of wells thereon will immediately arise, which can be waived only by the voluntary act of the p b y entitled thereto. The question as to when the purchasers of town lots in Bartlesville would be entitled to demand royalties accruing from wells upon their lot8 was submitted to the Attorney-General for the Interior Depart-ment, and in an opinion of July 20,1904, he held: I am of opinion that the date when a claimant becomes a purchaser, and when a sale of the lot is made, is when the claimant evidences his intent to acquire the title to thelot claimed by making the initid payment thereon. In sales between partiee equity regards the purchaser as owner of the thing sold from the time of making a contract. From that time the right of the purchaser to receive title is dependent only on his performance of those things he is required to do antecedent to right to demand a conveyance. In the town-site proceedings the appraisement and schedule of claimant answer to the pro@ of an owner to sell. The proceedinga to that time fix the terms and conditions of the proposed sale. When the claimant accepts the conditions and makes the required first payment, he becomas in equity the owner, and the title is the-r held by the nation in trust to him as security for the unpaid purchase money. * * * As the purchaser gives no other security for payment than the lot itself, the gross value of which is impaired to the proportion that the mineral is extracted, the my-dty is in fact but part of the lot sold, representing the value of the mineral taken from it. Until complete payment is made, it should be held, as is the lot itaelf, as security to the nation for the unpaid purchase money. This keeps the security to the nation unimpaired, and at the same time gives the purchaser on completing his payment, the full benefit and value of what he purchased, as of the date of his pup chaee, unimpaired. Sulphur.-Various tracts having been set aside under provisions of law for the town of Sulphur, in the Chickasaw Nation, the following questions as to it9 survey and the appraisement of lots were pro-pounded to the Assistant Attorney-General for the Interior Deparb ment: I (1) What Iota am included in the term "all town lotsheldby citizensof theunited Ststes?" Dor~th e term emhrace lor? upon which the lot holders had uo improve- I |
