OSAGE TRIBE OF INDIANS v. ICKES

No. 8304.

133 F.2d 47 (1943)

OSAGE TRIBE OF INDIANS et al. v. ICKES, Secretary of the Interior, et al.

United States Court of Appeals for the District of Columbia.

Decided January 11, 1943.


Attorney(s) appearing for the Case

Messrs. Thos. P. Gore and Leslie C. Garnett, both of Washington, D.C., for appellants.

Messrs. Roy St. Lewis, of Washington, D. C., and Chas. R. Gray, pro hac vice, of Pawhuska, Okl., by special leave of court, with whom Mr. Peter Q. Nyce, of Washington, D.C., was on the brief, for appellee Fraley.

Mr. Roger P. Marquis, Attorney, Department of Justice, of Washington, D.C., with whom Norman M. Littell, Assistant Attorney General, and Mr. Vernon L. Wilkinson, Attorney, Department of Justice, of Washington, D. C., were on the brief, for appellee Ickes.

Before GRONER, Chief Justice, and EDGERTON and RUTLEDGE, Associate Justices.


PER CURIAM.

The Osage Tribe of Indians and its Principal Chief brought this suit to enjoin the Secretary of the Interior from paying to Osage County, Oklahoma, $1,535.70 out of royalties received from Osage Indian mineral leases. The complaint alleged that the Act of Congress1 authorizing the Secretary of the Interior to pay one per centum (1%) of oil and gas royalties for the construction of roads and bridges in Osage County, in accordance...

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