Sec. 8. That sec. 23 of an Act entitled "An Act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes," approved April 26th, 1906, is hereby amended by adding at the end of said section, the words "or a judge of a county court of the State of Oklahoma."

Sec. 9. That the death of any allottee of the five civilized tribes shall operate to remove all restrictions upon the alienation of said allottee's land: Provided, That no conveyance of any interest of any full-blood Indian heir in such land shall be valid unless approved by the court having jurisdiction of the settlement of the estate of said deceased allottee: Provided further, That if any member of the five civilized tribes of one-half or more Indian blood shall die leaving issue surviving, born since March 4th, 1906, the homestead of such deceased allottee shall remain inalienable, unless restrictions against alienation are removed therefrom by the Secretary of the Interior in the manner provided in section one hereof, for the use and support of such issue, during their life or lives, until April 26th, 1931; but if no such issue survive, then such allottee, if an adult, may dispose of his homestead by will free from all restrictions; if this be not done, or in the event the issue herein before provided for die before April 26th, 1931, the land shall then descend to the heirs, according to the laws of descent and distribution of the State of Oklahoma, free from all restrictions: Provided further, That the provisions of section 23 of the Act of April 26th, 1906. as amended by this act, are hereby made applicable to all wills executed under this section.

Sec. 10. That the Secretary of the Interior is hereby authorized and directed to pay out of any moneys in the Treasury of the United States, belonging to the Choctaw or Chickasaw nations respectively, any and all outstanding general and school warrants duly signed by the auditor of public accounts of the Choctaw and Chickasaw nations, and drawn on the national treasurers thereof prior to January 1st, 1907, with 6 per cent interest per annum from the repective dates of said warrants:

Provided, That said warrants be presented to the United States Indian agent at the Union agency, Muskogee, Oklahoma, within sixty days from the passage of this act, together with the affidavits of the respective holders of said warrants that they purchased the same in good faith for a valuable consideration, and had no reason to suspect fraud in the issuance of said warants: Provided further, That such warrants remaining in the hands of the original payee shall be paid by said Secretary when it is shown that the services for which said warrants were issued were actually performed by said payee.

Sec. 11. That all royalties arising on and after July 1st, 1908,. from mineral leases of allotted Seminole lands heretofore or hereafter made, which are subject to the supervision of the Secretary of the Interior, shall be paid to the United States Indian agent, Union Agency, for the benefit of the Indian lessor or his proper representative to whom such royalties shall thereafter belong; and no such lease shall be made after said date except with the allottee or owner of the land: Provided, That the interest of the Seminole nation in leases or royalties arising thereunder on all allotted lands shall cease on June 30th, 1908.

Sec. 12. That all records pertaining to the allotment of lands of the five civilized tribes shall be finally depos ited in the office of the United States Indian agent, Union Agency, when and as the Secretary of the Interior shall determine such action shall be taken, and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available as the Secretary of the Interior may direct, the sum of fifteen thousand dollars, or so much thereof as may be necessary to enable the Secretary of the Interior to furnish the various counties of the State of Oklahoma certified copies of such portions of said records as affect title to lands in the respective counties.

Sec. 13. That the second paragraph of sec. 11 of an act eutitled 'An act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes," approved April twenty

sixth nineteen hundred and six, is hereby amended to read as follows:

That every officer, member or representative of the five civilized tribes, respectively, or any other person, having in his possession, custody or control, any money or other property, including the books, documents, records or any other papers, of any of said tribes, shall make full and true account and report thereof to the Secretary of the Interior, and shall pay all money to the tribe in his possession, custody or control, and shall deliver all other tribal properties so held by him to the Secretary of the Interior, and if any person shall willfully and fraudulently fail to account for all such money and property so held by him, or to pay and deliver the same as herein provided, prior to July 31st, 1908, he shall be deemed guilty of embezzelement and upon conviction thereof shall be punished by fine not exceeding five thou sand dollars, or by imprisonment not exceeding five years, or both such fine and imprisonment, according to the laws of the United States relating to such offense, and shall be liable in civil proceedings to be prosecuted in behalf of and in the name of the tribe or tribes in inter est for the amount or value of the money or property so withheld.

Sec. 14. That the provisions of section 13 of the Act of Congress approved April 26th, 1906, 34 Stat. at Large p. 137, shall not apply to town lots in town sites heretofore established, surveyed, platted and appraised under the direction of the Secretary of the Interior, but nothing herein contained shall be construed to authorize the conveyance of any interest in the coal or asphalt underlying said lots.

Approved May 27th, 1908.

OIL and GAS CASES.

Grant of Minerals-Natural Gas.

In an action to quiet title to lands in which the plaintiff grantor had previously granted "all minerals," the deeds granting the mineral rights, construed in connection with the other evidence showing the intention of the parties thereto, held to show that they did not intend to grant the right to the natural gas under the land. 2. Natural Gas.-Even though deeds purport to convey 'all minerals' underlying the land, if they, in connection with the other evidence, show that the parties did not contemplate a conveyance of the natural gas thereunder, the right to the gas does not pass.

McKenney Heirs, et al. vs. Central Ky. Nat. Gas Co., et al. 20 Am. Eng. Ann. Cases, 934. In the Note to the above, which is a feature of the great merit of the Annotated Cases, we cite the following: "Both petroleum and natural gas have been liken to wild animals. Oil and water, and still more strongly gas may be classed by themselves, if the analogy be not too fanciful, as minerals feræ naturæ. In common with animals, and unlike other minerals they have the power and the tendency to escape without the volition of the owner. Their fugitive nature and wandering existence within the limits of a particular tract is uncertain,' as said by Justice Agnew, in Brown vs. Vandergrit, 80 Pa. St. 148." To the same effect are People Gas Co. v Tyner, 131 Ind. 277; Townsend vs. State. 147 Ind. 628; Jones vs. Forrest Oil Co. 194 Pa. St. 383; 48 L. R. A. 748. But it has been said that "while there is an analogy between animals feræ naturæ and the moving deposits of oil and natural gas, there is not identity between them." The right to reduce oil and gas to possession being vested, as in the

case of other minerals, in the owners of the surface of the earth. Ohio Oil Co. vs. Indiana, 177 U. S. 190; Kansas Natural Gas Co. vs. Haskell, 172 Fed. 545.

Unlike the case of solid minerals, the exercise by an owner of a particular tract of his right to draw petroleum and gas therefrom usually diminishes the source of supply of adjoining land owners. This fact gives rise to the question whether such land owners or the State may prevent a particular owner from wasting petroleum or gas. This question has been considered in the Notes to the following cases that have been published in the Am. and Eng. Ann. Cases on this subject. See Commonwealth vs. Trent, 4 Am. & Eng. Cases, 209; Louisville Gas Co. vs. Kentucky Heating Co. 4 Ann. Cases; Hathorn vs. Nat. Carbonic Gas Co., 16 Ann. Cases, 989.

The right to maintain a gas pipe line on a public street is a special franchise, and can only be taxed as such and not as real property. People vs. Priest, 126 N. Y. Supp. 472.

A grant by a State to a railway company of a right of way for a tunnel confers only an easement and not the fee in the property, and is taxable not as real estate but as a franchise, and is not subject to assessment by the local assessor, but by the State Board. 124 N. Y. Supp. 711.

RAILROAD CASES, (PRO. and CON.)

Injury to a Passenger-Relation of Carrier and Passenger-Reasonable Time at Station.

1. Plaintiff, desiring to take a train at a flag-station where defendant maintained station room but no agent, inquired at a store close by when the next train would arrive, and was told that it would come along sometime. He went to the waiting room four hours and 45 minutes before the train was due to leave this station, and while