Edward Terry Sanford

“ The authority thus given by the Act of Congress to an Indian of the half-blood to make an oil and gas lease upon his restricted 'homestead' allotment, with the approval of the Secretary of the Interior, cannot be limited or contravened by the provision of the Oklahoma law attaching to the execution of a lease upon the family homstead the condition that it must also be executed by his wife. ”

“ The Constitution of Oklahoma provides that the rural homestead of any family in the State 'shall consist of not more than one hundred and sixty acres of land, * * * in one or more parcels, to be selected by the owner,' and that 'nothing in the laws of the United States * * * shall deprive any Indian or other allottee of the benefit of the homestead and exemption laws of the State.' Article 12, § 1. ”

“ Their residence is upon the 'homestead' thirty acres, the cultivated land and pasture extending upon the 'surplus' fifty acres. Neither owns any other land. In 1914-more than five years before the expiration of the lease-the lessee having found oil in paying quantities and completed the drilling of five wells, Chisholm executed a written instrument modifying the terms of the lease, in accordance with regulations prescribed by the Secretary of the Interior, so as to provide for an increased royalty and extend the lease as long as oil or gas should be found in paying quantities. ”