Case law

United States v. Allen

171 F. 907 · U.S. Circuit Court for the District of Eastern Oklahoma · Aug 6, 1909

Whether the Indians of the Five Civilized Tribes at the time of the passing of the enabling act were citizens of the United States or not, its terms clearly make them electors and give them the right to participate in the … In my judgment,,therefore, the members of the Five Civilized Tribes are citizens of the United States, with all the rights, privileges, and immunities of citizenship.

Kansas Natural Gas Co. v. Haskell

172 F. 545 · U.S. Circuit Court for the District of Eastern Oklahoma · Jul 3, 1909

Ed. 290 , said: “Definitions as to what constitutes interstate commerce are not easily given, so that they shall clearly define the full meaning of the term. … The right of a freehold is not touched by the establishing of a highway, but continues in the owner of the land, in the same manner that it was before the highway was established, subject to easement.

United States v. Board of Com'rs of Osage County

193 F. 485 · U.S. Circuit Court for the District of Western Oklahoma · Dec 26, 1911

A conflict of terms is avoided by taking the former to refer to cases where the certificates are not issued and the latter to those where they have issued, and this is clearly the construction which should be adopted.- The … And, as the general reference to the trust in section 5 appears to be qualified by the words “as herein provided,” its scope may be consistently construed as confined to the reservations and to the lands not subject to alienation