Oklahoma Oil and Indian Land Tenure

Author(s): Gerald Forbes

Source: Agricultural History, Vol. 15, No. 4 (Oct., 1941), pp. 189-194
Published by: Agricultural History Society
Stable URL: https://www.jstor.org/stable/3739783
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 OKLAHOMA OIL AND INDIAN LAND TENURE

GERALD FORBES

Northeastern State College

Tahlequah, Oklahoma

Tenancy has increased in Oklahoma until it ranks sixth among

in the proportion of farms operated by renters. In 1900, only abou
of the farmers in Oklahoma were tenants, whereas, according to t
Agriculture, they formed more than 61 percent of the farm popul
It is fairly obvious that the discovery and exploitation of petroleum fi
one-time Indian Territory was an important factor in the develop
present condition of tenancy. Before the State was created in 1907
of the Oklahoma and Indian territories, petroleum had been discov
lands of the Indians in the latter part. Until 1917, most of the pe
from relatively shallow drilling. The industry then turned to dee
and finding that most of the old Indian Territory had been explor
onward. During the period from 1901 to 1917, a rapid turnover in
ship took place, leaving the Indians largely denuded of real estat
that created a fundamentally tenant class.1
The correlation between the Indian, the oil industry, and the dev
tenancy can hardly be denied. It is borne out by the fact that th
Oklahoma counties with tenancy of more than 70 percent are in
Indian Territory. Of these, thirteen?Creek, Wagoner, Haskell
Muskogee, Mclntosh, Hughes, Seminole, Marshall, Love, Carter, Je
Okfuskee?produced petroleum. They contained fields ranking
world's most important. Six of the high-tenancy counties?Coal, A
taw, McCurtain, Bryan, and Johnston?did not produce oil, but C
has been noted for its large deposits and output of soft coal.
No historical explanation is required for two aspects of the connectio
the oil industry and tenancy. One is the thoroughly human factor
men to abandon farming when they acquire wealth. In countless c
in the Southwest have moved to town when petroleum was discov
land. Often oil-rich men purchased large tracts and became "gen
ers" with many tenants. Another effect of the oil industry on far
ruination of a large amount of land by salt water from the wells.
It is possible to overemphasize the influence of oil on tenancy in
Not all the counties of highest tenancy have produced petroleum.2
hand, the development of the industry served to make the India

1 John H. Southern, "Farm Tenancy in Oklahoma," Oklahoma Agricultur

Station, Bulletin 239, p. 3, 7 (Stillwater, 1939).
2 Peter Nelson, "Landlord-Tenant Relations in the Southwest with Specia
Oklahoma," in Southwestern Social Science Quarterly, 19:363 (March 1939)
189

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190 GERALD FORBES

desirable, and the Government fac

laws and officials during the flush
purpose of this essay to show how
basis of Oklahoma tenancy laid.
Early in the nineteenth century
perpetuity the lands which were
tribes set up their own governmen
Anglo-American migration moved
increasing white infiltration despit
century the majority of persons livin
Conflict between the races for owner
in any circumstances, but the disc
places by 1900 whetted the desire of
Allotment in severalty to the Indian
ing the lands of the Five Tribes, as
open to white ownership. A campa
tecting the Indians in the managemen
of three laws which, by the spring
mercy of the most grasping, unscrup
Oklahoma's constitution and the f
States, with little or no attention
officials were selected hurriedly fr
power in territorial days. The mor
the Five Civilized Tribes, many un
course of a few years their tribal
placed by a culture that they did
passed an act, giving control of In
homa,?courts which were limited
affairs to cases involving no more
gave them complete control of Indian
In the year of statehood, Oklahom
3 Angie Elbertha Debo, "History of the
to the Close of the Tribal Period" (Docto
Norman, Okla., 1933); William Dudley
(Jan. 2, 1909).
4 62 Congress, 2 Session, "Indian Affa
3:136; United States Statutes at Large (18
Revised Leasing Regulations of June 11,190
5-7 (Washington, 1907); Wade Mountf
Dying Regime," in Ainslee}s Magazine, 5:
Land Laws, 8-9, 453, 458, 459-460, 462 (e
attorney at Muskogee, Okla., to Gerald F
6 68 Congress, 2 Session, "Indian Affair
H. H. Atkins of Muskogee, July 27, 1937
589 (Oklahoma City, 1931).
6Mounds (Okla.) Enterprise, Dec. 13, 1
J.H. Finley of Muskogee, July 28, 1937

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 OKLAHOMA OIL AND INDIAN LAND 191

oil, enough to rank the area as one of the leaders in

all of this petroleum was from former Indian lands, and m
on the lands of individual tribesmen. Many allotments
of barrels of oil, especially in the Glenn Pool, where th
quite wealthy. Hundreds of these Indians were incomp
own offairs under the laws of the United States, and n
their property were placed under the jurisdiction of th
were none too capable.8
Few acts had such a dire effect on the individual liv
as did the law of 1908.9 The county judge was empowe
for the person or estate of an Indian, and at his discretion
might be named for a single ward. When a minor rea
fourteen he could, with the judge's approval, appoin
a means of protecting the interests of the ward, the g
post a surety bond, and the judge could remove him.1
often financially irresponsible, and removal could be pr
personal loans from the ward's funds to the judge or hi
was empowered to lease his ward's land for oil, invest t
and collect rents, interest, and other incomes. His
"reasonable in the eyes of the court." Generally, the la
sion of 10 percent reasonable, but no guardian could r
thousand dollars annually from one ward. B}^ law,
might have no more than five wards.11
Many attorneys became professional guardians, and
to the profession in the eastern part of Oklahoma. The
certain to develop in a region where fabulous wealth was t
of an unlettered and helpless population. While the co
mission of 10 percent for the services of the guardian, the
of much higher recompense?even reaching 100 percen
in which thoroughly competent Indians were declared
that guardians might administer their estates.
The guardianship law provided that the land of a mino
for his education. Guardians were known to place the
Federal expense, and when the trust lands proved valuab
the pretext of paying for schooling.12
"Oil Weekly (Houston, Texas), 88(8):24 (Jan. 31, 1938).
*Oil and Gas Journal (Tulsa, Okla.), 34(22):95 (Oct. 17, 193
Indian Affairs, Annual Report, 1908, 2:192-194; Statement by
July 27, 1937.
9 House Report 1527, p. 3.
10 U. S. Commissioner of Indian Affairs, Annual Report, 1914,
1931, 1:567, 569, 583-584; U. S. Statutes at Large (1907-09) 35:
11 Statement by J. H. Finley of Muskogee, July 28, 1937; U.
Affairs, Annual Report, 1910, 1:47; 1914, 2:52-56.
12 Muskogee (Okla.) Phoenix, Feb. 5, 1939; U. S. Commissioner
Report, 1912, 2:486; 1913, 2:8.

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 192 GERALD FORBES

The bench was not above corrupti

were many cases in which money bel
or to their friends on notes endors
to prosecute them, and they were
such a community of interests be
natural that many of the sixty tho
for the carelessness of the judges can
ianship actions brought before the
An honest and conscientious judge
of each case a physical impossibility
The profits of corrupt guardians
phases of the Indian's life. The g
groceries and clothing and when t
doubled the amount and gave the
applied to every imaginable com
Indian funeral for which the guar
interred in a pine box. There were
repay borrowed money several time
Negroes, as well as Indians, were
Civilized Tribes had slaves who, fr
ments with their former owners.15
Conditions became so disgraceful that the County Judges Association of
Oklahoma drew up a group of rules to govern estate procedure. The Supreme
Court of Oklahoma approved the rules, but the State Legislature, probably more
subject to pressure, failed to incorporate them into the statutes.16 Reformers
did not cease their efforts, however, and the Board of Indian Commissioners
brought charges that resulted in a Congressional investigation which applied
a liberal coat of whitewash.17
The redistribution of Oklahoma oil wealth took place rapidly after 1908,
for through the guardianship system, corrupt individuals had been given a legal

13 Ibid., 1912, 2:485. See also ibid., 1913, 2:477; House Report 1527, p. 3.
14 Warren K. Moorehead, Our National Problem) The Sad Condition of the Oklahoma In?
dians (Andover, Mass., 1913); Statement by J. H. Finley, Muskogee, July 28,1937, verified
Moorehead.
15 Muskogee (Okla.) Times-Democrat, July 27, 1908, printed a story of a Chicago real
estate man who came there and rented an entire floor of an office building. The equipment
in addition to desks and contracts, included an ample supply of food and drinks for the en?
ter tainment of allottees. The enter tainment continued from Saturday to Monday morning
and the Chicago man with his assistants were busy the entire time day and night attempting
to buy allotments at bargain rates from the members of the Creek tribe. Only two deeds
were said to have been signed. There were two other buildings in which similar efforts
to swindle the Indians were made with no more success, according to the printed article
16 U. S. Commissioner of Indian Affairs, Annual Report, 1913, 2:37; 1915, 2:434; House
Report 1527, p. 8-9.
17 Ibid., 8; Oklahoma Statutes, 1931, 1:584.

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 OKLAHOMA OIL AND INDIAN LAND 193

approach to the increasing fortunes of a growing num

It was possible for oil-producing land to be purchased fr
a fraction of its agricultural value. An Indian gave hi
out of jail, or he traded it for a ten-dollar railroad ti
process that at the end of three decades only about on
ments remained in Indian hands.
Fully restricted Indians were generally protected by the Government through
the Union Agency at Muskogee, but the estates of many were not thus super-
vised, and the owners were encouraged by interested persons to squander their
money. The squandering process left a substantial residue in the hands of
attorneys, land agents, oil men, and guardians.18 In 1912, the Federal Govern?
ment indirectly restricted the operations of the guardians. Their vouchers were
withheld until the county judges had certified that the bond was legally sufficient
and that all reports had been made. Later, the guardians of minors were re?
quired to show that their wards had attended school at least fifteen days of each
month that classes were in session.
In 1914, in an effort to relieve the congestion in the county courts and to
lessen the corruption attending litigation, the Federal Government provided
a group of twenty probate attorneys. The part of Oklahoma inhabited by the
Five Tribes was divided into districts of one to six counties each. Federal
probate attorneys were assigned to the different districts to give attention
the guardianship cases. Their coming brought better ethical standards
the legal machinery of the State. These probate attorneys thwarted ingenio
guardians and accumulated funds to be invested for the benefit of the India
In January 1915, there were 53,433 probate cases pending in the county cou
In six months 37 criminal actions were started and 65 similar cases had been
disposed of by the probate attorneys. In addition, the probate attorneys filed
213 civil suits and tried 116 others. The Indian property involved in these
cases was valued at $1,525,377. Simply by checking the reports of the guardians,
the probate attorneys saved the Indians $462,100 and forced the guardians
to file new bonds amounting to $687,500. The judges welcomed the probate
attorneys and many lent their cooperation. By July 1, 1915, there were 52,045
probate cases on the dockets.19
In 1917 the oil industry began deeper drilling which soon indicated that most
of the petroleum in the Indian country had already been discovered and that
the most profitable wells of the future would be found to the westward. The oil
industry gradually moved away, and with it went the chief cause of corruption in
the administration of Indian estates. The Indian's hereditary disregard for and
inexperience in private landholding was an important cause in the rapid aliena-
18 U. S. Commissioner of Indian Affairs, Annual Report, 1912, 2:487; 1915, 2:33, 370,
412-413.
19 Ibid., 1913, 2:36; Statements by H. H. Atkins of Muskogee, July 27,1937, and by W. R.
Robison of Muskogee, July 28, 1937.

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194 GERALD FORBES

tion of his allotments. The presenc

creased the acquisitive instincts of
Government paved the way for the p
At the beginning of the twentiet
Tribes were the helpless prey of u
were quick to take advantage of t
and the discovery of great wealth
Americans became wealthy. One m
largest individual landowner as
whose allotments would have made
Thus they lost the basis for a freeho

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