Good v. Keel

• Court: Oklahoma Supreme Court
• Writing for the Court: KANE, J.
• Citation: Good v. Keel, 29 Okla. 325, 116 P. 777, 1911 OK 264 (Okla. 1911)
• Decision Date: 11 July 1911
• Docket Number: Case Number: 1754
• Parties: GOOD et al. v. KEEL et al.

1911 OK 264

116 P. 777

29 Okla. 325

GOOD et al. v. KEEL et al.

Case Number: 1754

Supreme Court of Oklahoma

Decided: July 11, 1911

Syllabus

¶0 1. INDIANS--Allotments--Condemnation of Highway--Compensation. Act Cong. April 26, 1906, c. 1876, 34 Stat. 145, sec. 24, 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 condemn without compensation a strip one rod on each side of the section line traversing the allotment of a full-blood Indian, whose land was allotted prior to the passage of said act.

2. STATUTES--Construction--Retroactive Effect. Statutes are to be construed as having a prospective operation unless the purpose and intention of the Legislature to give them a retrospective effect is expressly declared or is necessarily implied from the language used. In every case of doubt the doubt must be resolved against the retrospective effect.

Error from District Court, Garvin County; R. McMillan, Judge.

Action by Billy Keel and Lizzie Keel against Ed Good and Jeff Gabbert. Judgment for plaintiffs, and defendants bring error. Affirmed.

J. D. Mitchell and George I. Jordan, for plaintiffs in error

J. B. Thompson, for defendants in error

KANE, J.

¶1 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 Indians, consisting of strips one rod wide on each side of the section lines? An injunction was granted by the court below enjoining them from doing so, and to reverse that order this proceeding in error was commenced.

¶2 Counsel for plaintiffs in error contend that, upon the passage of the act of Congress of April 16, 1906, pertaining to public highways in the Choctaw, Chickasaw, and Seminole Nations, 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 condemned for such purposes without compensation to the owner of the allotment. The act of Congress referred to provides:

"That in the Choctaw, Chickasaw and Seminole Nations, public highways or roads two rods in width, being one rod on each side of the section lines, may be established on all section lines, and all allottees, purchasers, and others shall take title to such land subject to this provision, and if buildings or other improvements are damaged in consequence of the establishment of such public highway or roads, such damage accruing prior to the inauguration of a state government shall be determined under the direction of the Secretary of the Interior and be paid for from the funds of the tribes respectively."

¶3 The defendants in error, who were plaintiffs below, had resided upon the lands in question...