United States v. Oklahoma Gas & Elec. Co., 318 U.S. 206 (1943)

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United States v. Oklahoma Gas & Electric Co.


No. 171


Argued December 9, 1942
Decided February 15, 1943
318 U.S. 206

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE TENTH CIRCUIT

Syllabus

1. A permit granted by the Secretary of the Interior under § 4 of the Act of March 3, 1901, to the State of Oklahoma to open and establish a public highway over Indian allotted lands is to be construed, in the absence of any governing administrative ruling, statute, or Congressional policy to the contrary, as authorizing the State to license the erection and maintenance of a rural electric service line, a proper use of the highway under state law. P. 209.

2. The Indian allotted lands involved in this case were not within a "reservation" as used in the Acts of February 15, 1901, and March 4, 1911. P. 215.

127 F.2d 349 affirmed.

Certiorari 317 U.S. 608, to review the affirmance of a judgment, 37 F.Supp. 347, dismissing a complaint.