Pauls Valley Democrat. (Pauls Valley, Okla.), Vol. 8, No. 17, Ed. 1 Thursday, July 13, 1911 Page: 1 of 6
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Historical Soolcty.
PAULS VALLEY DEMOCRAT.
VOL. VIII.
PAULS VALLEY, GARVIN COUNTY, OKLAHOMA, JULY 13, 1911.
NO. 17
500,000 Robinson's High Balls sold in 1910. The great Liver Medicine that is making Hauls Valley Far
SUPREME COURT
ROAD DECISION
Rules that Land Taken
for Public Roads Must
tie Paid For
The supreme court o( Oklahoma on
Monday handed down a large number
oi decisions among which was one on
appeal Iroia Garvin County, relating
to the right of the county to open pub
lie roads on section lines without pay-
ing the owner for the land, and it is
held that the owner must first be paid
for his land. The decision in full fol
lows:—
in the supreme court of the
STATE of oklahoma
Ed Good and Jeff Gabbetr, Plaintiffs
io error,
vs.
Billy Keel and Lizzie Keel, Defend-
ants in error.
No. 1754'
(.Filed 11th day of July, 1911.)
1. The act of cenigress of April 26,
191)6, pertaining to public highways in
the Choctaw, Chickasaw and Seminole
Nations, is prospective in its operation
and does not authorize the highway
officials of the state to take and con-
demn without compensation a strip one
rod on each side of the section line
traversing the allotment of a full blood
Choctaw Indian, whose laud was allot-
ed prior to the passage of said act-
2. Statutes are to be construed as
having a prospective operation unless
the purpose and intention of the leg-
islature to give them a retrospective
effect is expressly declared or is nec-
essarily implied from the language
used. In every case of doubt, the
doubt must be resolved against the re-
trospective effect.
t^ror from the district
court of garvin county; before
R. MACMILLAN, TRIAL JUDGE. AF
FlKMED.
J. D. Mitchell and George I. Jor-
dan, attorneys for plaintiffs in error.
J. B. Thompson, attorney for de-
fendants in error
Opiniou of the court by
kane, j.: The only question in this
case is, Have highway officers of the
state the power to condemn for road
purposes without compensation, parts
of the allotments of the defendants in
error, who are full blood Choctaw In
dians, consisting of strips one rod
wide on each side of the section lines?
An injunction was granted by the
court below, enjoining them from do-
ing so, and to reverse that order, this
proceeding in error was commenced.
Counsel for plaintiffs in error con-
tend that upon .the passage of the act
of Congress of April 26, 1906, per-
taining to public highways in the
Choctaw, Chickasaw and Seminole Na-
tions, the Indian allottees, whether
they had taken their allotments or
not, were divested of the title to the
part of their allotments covered by
the section lines to the extent of an
easement for highway purposes, and
that said lands may be taken and con-
demned for such purpose without
compensation to the owner of the al-
lotment- The act of Congress referr-
ed to provides:
"That in the Choctaw, Chickasaw
and Seminole Nations, public high-
ways or roads two rods in width, being
one rod on each side of the section
line, may be established on all section
lines, and allottees, purchasers and
others shall take title to such land
subject to this provision, and if build-
ings or other improvements are dam-
aged in consequence of the establish-
ment of such public highways or roads,
such damage accruing prior to the in-
auguration of a state government,
shall be determined under the direc-
tion of the Secretary of the Interior
and be paid for from the funds of the
tribes respectively."
The defendants in error who were
plaintiffs below, had resided upon the
lands in question for something like
thirty years; they were husband and
wife, and had fenced the laud in com-
mon and were using and cultivating
the same. The lands were allotted
to them in 1896, six years prior to
the attempt on the part of officials to
take said land, and two years prior to
the passage of the act of Congress a
bove set out. The order of the court
perpetually enjoined the road officers
"from opening up said road without
first having condemned the property
of the plaintiffs and paid them there-
for." We think the court below was
correct in holding that that the allott-
ees were entitled to compensation.
Granting that the act of Congress con-
tinued in force after statehood, unless
we give it a retrospective effect, the
allotments of the defendants in error
do not fall within its purciew. It is a
rule of statutory contsruction that all
statutes are to be construed as having
a prospective operation unless the
purpose and intention of the legisla-
ture to give them a retrospective ef
feet is expressly declared or is necess
arily implied from the language used.
36 Cyc. 1205. In every case ol
doubt, the doubt must be resolved a
gainst the retrospective effect. This
general rule has been applied tc a
great variety of statutes, including the
uniform negotiable instrument law, us-
ury laws statutes levying taxes, relat-
ing to defenses to actions on insurance
policies, relating to damages for
wrongs, providing lor rendition of de-
ficiency judgments upon sale of mort
gaged premises, limiting the time for
the commencement oi actions, declar
ing ceatain contracts void, regulating
parties who may sue for death by
wrongful act, or the manner of distrib-
ution of the amount recovered, mod-
ifying the fellow servant rule, relating
to plans for bridges over railroad tracks,
relating to in&cnanic ' liens, defining
the boundaries of a city, etc. The
cases wherein the above rulings were
made are collected in 36 Cyc. supra.
We think the statute under considera
tion is clearly prospective in its terms,
and there is nothing which, to our
minds, indicates an intention on the
part of Congress to give it a retrospect-
ive effect.
The judgment of the court below
is accordingly affirmed.
All the Justices concur, except
Williams J., who concurs in the con-
clusion '
Deputy Sheriff Resigns
J. L. Aldridge, who has been
chief deputy sheriff since the
tirst of the year, has resigned
his position and has moved to
Maysville, where he assumes
the position of manager of Wil-
liams' gin. The gin has been
recently purchased by H. W.
Branum & Co. of Paoli. The
gin is being entirely overhauled
and much of it refitted with the
latest improved machinery, in-
cluding an automatic packer.
Mr. Aldridge was an efficient
and popular officer, and he is an
energetic and capable business
man, and the gin company
could not have selected a. better
man for the place.
forejudge McMillan In >
Saturday upon a writ oi h.ili
corpus, and Mr. Standlt \ <
released.
The habeas corpus pint
bad been taken oul befove('<
ty Judge W. B. ti. Mitch*
the hearing last Saturd.i
at first to have been be
Judge Mitchell, but Mi
ley's attorneys, Blantoi
Carr, doubted the jun dirt
of the County Court, and I
the case transferred b<-i
Judge McMillan w ho
down Saturday.
The Arkansasauf borit i
ed to put in appearance, nn<l
ter Judge McM illan had h<
the case presented by M i
ley's attorney!-,, sustained
writ of habeas corpus ami
leased Mr. Stanley.
ui 11
md
\ as
< )1*0
an-
nul
ion
Kid
ore
aru
.in-
Whitebead Station
Last Tues lay the citizens of
the Whitebead community had
a hearing here before Corpora
tion Commissioner A. P. Wat-
son, for the establishing of a
station on the Santa Fe railroad
at Whitebead. The officials of
the road were present and a-
greed to put in a platform at
once and make it a Hag station.
No Jim Crow for Jev
At Paris, Kentucky, last u I.
Miss liella liitchell in a d m
suit against tlieL. and N
obtained a judgment foi
The plaintiff who i a Kit i. u
.Jewess, alleges that be
forcibly ejected from the en eli
for white passengers and
pelled to ride from Miller
to Paris, a distance of tw
miles in the Jim Crow ear,
is said to be a woman of > ulti e
and refinement, and besiid* the
mortification of being lai.«-n
[a negro woman, she claim
that she had suffered phvsie ,!U
and in consequence wr ilr t
a nervous wreck.
I WE ARE EXCLUSIVE AGENTS FOR
THE famous Dr. Hess remedies in this locality arid will guarantee them to give
satisfaction or refund the money. Every dollar put in Dr. Hess' stock food will
come back and bring a bigger profit with it than any other dollar the cattle raiser
can spend. There is no better dip and disinfectant on the market sor scab, mange, fleas
and all other parasite skin diseases of horses, cattle and hogs. Call at our store for l)r.
Hess' book on stock and poultry. It will pay you to give these remedies a tiial.
John iVI. Stanley Released
The case of the State of Ark-
ansas, against County Attorney
John M. Stanley, charged with
kidnapping at Ft. Smith, Ark-
ansas, come up for hearing he-
Mr. and Mrs. J. T. Burcli and
two children returned Tin ■ i>
from Colorado. Mrs. 1
and the children had expert ed (<■
spend the summer there, b; m
account, of MiS. Burch wh !
a weak heart, the rarilied aii
made it necessary for them to
return home
THE LIVE DRUG C
Successors to C. P. Bruce
U
L. H. SPENCER, Pres. S. W. STONE, V-Pres
ROY E. BURKS, Cashier
...The First State Bank...
CAPITAL $25,000.00
OF PAULS VALLEY, OKLAHOMA
Deposits placed in this bank are PROTECTED by the
the DEPOSITORS GUARANTEE FUND OF TH1
STATE OF OKLAHOMA
Think It Over
We Loan Money We Want Your Business
"Place Your Money Where it is Protected
Second Week of Our Clean Sweep Sale
THIS will be the second week of the most successful clean up sale we have ever given
but we expect to eclipse the selling of the past week. We have rounded up all the
remnants, odds and ends, lots and lines, and have clipped prices regardless of former
values. To effect a complete disposal of all summer merchandise in the next few days
this second week will be of great concern to every woman in Garvin county. Come
every day, there will be a host of bargains. Where the best bargains are there you
will find the biggest crowd, and the biggest crowds are always at the Freeman-Sipes
Store.
Ask to see our line of Torchon Linen and Val Laces at.... 3iC
■8K
The FREEMAN-SIPES CO.,
The Place to Buy
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Mitchell, J. D. Pauls Valley Democrat. (Pauls Valley, Okla.), Vol. 8, No. 17, Ed. 1 Thursday, July 13, 1911, newspaper, July 13, 1911; Pauls Valley, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc118364/m1/1/: accessed March 28, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.