Fisher v. Grider

On Petition for Rehearing.

It appears that at the time the foregoing opinion was written the case of Sperry Oil & Gas Company v. Chisholm, supra, was pending on appeal irom the Circuit Court of Appeals in the Supreme Court of the United States, and about the time the petition for rehearing was filed the Supreme Court of the United States handed down an opinion in said cause (264 U. S. 488) reversing the Circuit Court of Appeals, and, while the particular question involved in the case at bar was nob in that case, the decision holds, in substance, that any and all acts required by the legislature and Constitution of this state which in any way restrict, enlarge or interfere with the policy of Congress in providing for disposal of restricted Indian lands ar.e void wherever in conflict with the acts of Congress. And so, the case as disposed of by the Supreme Court of the United States, in general, is in favor of the defendant’s contention and supports the opinion above rendered.