UNITED STATES v. HAYES

Nos. 7119, 7163, 7166.

20 F.2d 873 (1927)

UNITED STATES v. HAYES et al. SAME v. CIMARRON RIVER OIL CO. et al. RIVERSIDE OIL & REFINING CO. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

May 28, 1927.


Attorney(s) appearing for the Case

H. B. Martin, Sp. Counsel for Creek Tribe or Nation of Indians, of Tulsa, Okl., and Eustace Smith, Sp. Asst. U. S. Atty. Gen., for the United States.

J. F. Sharp, of Oklahoma City, Okl. (C. M. Oakes, of Tulsa, Okl., and Stuart, Sharp & Cruce, of Oklahoma City, Okl., on the brief), for appellant Riverside Oil & Refining Co.

W. A. Ledbetter, of Oklahoma City, Okl. (H. L. Stuart, R. R. Bell, and E. P. Ledbetter, all of Oklahoma City, Okl.), for various oil companies and individuals who operated oil and gas wells in river beds under orders of District Court.

C. B. Ames, of Oklahoma City, Okl. (B. A. Ames, of Oklahoma City, Okl., J. H. Hill, of Tulsa, Okl., and Ames, Lowe & Cochran, of Oklahoma City, Okl., on the brief), for appellee Texas Co.

J. P. O'Meara, of Tulsa, Okl., and A. E. Graham, of Okmulgee, Okl. (Gray Carroll and M. H. Silverman, both of Tulsa, Okl., on the brief), for appellees Fixico and others.

Streeter B. Flynn, of Oklahoma City, Okl. (Robert M. Rainey, Calvin Jones, and Rainey, Flynn, Green & Anderson, all of Oklahoma City, Okl., on the brief), for appellee Shaffer Oil & Refining Co.

Augustus C. Sewell, of McAlester, Okl. (W. J. Crump and James C. Davis, both of Muskogee, Okl., on the brief), for appellees Mussellem.

R. W. Stoutz, of Tulsa, Okl. (W. E. Disney and John Wheeler, both of Muskogee, Okl., and Anthony P. Nugent, of Kansas, Mo., on the brief), for appellees Rector and others.

W. P. McGinnis, of Tulsa, Okl. (Y. P. Broome and J. C. Wilhoit, both of Tulsa, Okl., on the brief), for appellee Tidal Oil Co.

J. H. Mosier, of Muskogee, Okl., Earl Bohannan, of Oswego, Kan., and H. M. Gray, of Tulsa, Okl., for appellee Parker.

W. H. Wilcox and A. R. Swank, both of Stillwater, Okl., for appellees Way and Potts.

Chas. West, Everett Petry, and West & Petry, all of Tulsa, Okl., for appellees Oklahoma Land, Coal & Petroleum Co. and others.

G. Earl Shaffer, of Tulsa, Okl., for appellee Ellis.

John J. Shea and Thos. F. Shea, both of Tulsa, Okl., for appellees Carney and others.

Shea & Shea, of Tulsa, Okl., for appellees Hello and others.

Before STONE, KENYON, and BOOTH, Circuit Judges.


STONE, Circuit Judge.

In pursuance of the Treaties of 1826 (7 Stat. 286), 1832 (7 Stat. 366), and 1833 (7 Stat. 417), the United States issued a patent, dated August 11, 1852, to the Muscogee or Creek Tribe of Indians to a large body of land which included portions of the Arkansas river and of its tributary, the Cimarron river. This grant was to the Creeks as a nation and not to the individual members of that tribe. Treaty...

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