“ The appellants then sued out a writ of error from the court of appeals of the Indian territory to reverse the order which set aside the decree of confirmation of the sale and of approval of the lease to them, and they also appealed from that order. The court of appeals of the Indian territory consolidated the two cases, heard them as an appeal in equity, and affirmed the order below because the court was evenly divided in opinion. ”

“ On the next day the Laurel Company, the unsuccessful bidder at the former sale, made a motion for leave to bid again for the lease of this land, and offered to bid a bonus of $8,000. Thereupon the court set aside the order of June 11, 1906, for the sole reason that a higher bonus could be obtained, and on June 14, 1906, it sold a lease of 80 acres of this land on the same terms as the former to the Galbraith Oil and Gas Company for a bonus of $16,800 and a lease of the other 80 acres on the same terms to the Laurel Oil & Gas Company for $2,000. ”