I will be adding information as
I find it of
all kinds on this home started by the Rev. Joseph
Murrow.
Atoka Baptist Academy
and
Murrow Indian Orphanage and
Mission
MURROW INDIAN ORPHAN HOME BY AMERICAN BAPTIST MISSION
The Murrow Indian orphan
home, the head office of which is in Atoka, is soon to be fully under the local
corporate management and full control and supervision of the American Baptist
Home Mission Society, the head office of which is in New York City.
Several eminent representatives of this society met the board of directors of
the home at the home farm November 4 and the formal transfer of the property was
made.
The Murrow Indian orphans'home was organized January 1, 1902, at
Atoka and took over the old Baptist academy building at this place. The
institution continued here until a little over a year ago when it was removed to
the farm that belongs to the institution located in Coal and Atoka counties and
about 10 miles north of Coalgate. Here some temporary buildings were
erected and a little later the school building and one of the dormitory
buildings in Atoka were torn down and removed to the farm where they were
re-erected and afford comfortable quarters, though inadequate to the present
needs of the institution and of a rather temporary character. The larger
dormitory building remains in Atoka, and is occupied, under lease, by the
Masonic grand lodge of Indian Territory as a temporary orphans' home.
the
Murrow home was founded by a number of philanthropic people, mainly of the
Choctaw and Chickasaw nations and for the purpose of caring for orphan children
of Indian blood, regardless of tribal relations, and of helpless old people of
Indian blood. It is the only institution of its kind in the world and
fills a need that is ot a constantly increasing nature under the present
condition of the Indian race.
The institution takes its name from that of
its founder, patron and chief support Rev. Joseph Samuel Murrow of Atoka, who
has been a resident of Indian Territory for over 50 years, coming among the
Indian people as a Baptist missionary from Georgia. The influence of his
life work and example on the Five Tribes, and especially on the Choctaw and
Chickasaw tribes, is of that deep lasting and beautiful nature that can scarcely
be expressed in words. And not only has his influence been great among the
Indians in their progress along lines of Christian civilization, but he has left
his impression upon the social and political life of the state. He is
familiarly known throughout the eastern half of Oklahoma as "The Father of
Indian Territory" and quite generally as "The Grand Old Man of Indian
Territory."
Associated with Rev. Murrow in the management of the home are
the following who constitute the board of directors: Governor Green
McCurtain of the Choctaw Nation, Kinta; A. J. Brown, treasurer of the Seminole
Nation, Wewoka; Rev. L.S. Wright of the Chocataw Nation, Ada; Rev. Alfred W.
Folsom of AStoka and A. B. Thompson, the secretary of the board, who makes his
home at the farm. These are all Indians. There are also the
following members of the board who are white: D. N. Robb of Atoka,
treasuere of the institution, and D. B. Brunson of Coalgate, attorney for the
institution.
the only endowment of the orphanage is the great farm of
4,500 acres given it throught the wisdom and generosity of the governments of
the Choctaw and Chickasaw nations, and with the sanction of the United States
government. This splendid estate was given to the institution to be
inalienable forever. It is about half forest and half prairie, affording
varied soils and conditions conductive to all manner of farming, horticulture,
stock raising use and conservation of timber-in short it offers the basis for an
ideal education and training for Indian children. And from this very fact
there has arisen a misconception among many people of the ability of this
institution to carry forward its great work unaided. This great farm is
practically useless and non-productive without equipment. Equip it with
adequate buildings, farm machinery, stock of all kinds, fences and all of that
and it will be a self-sustaining institution capable of caring for a large
number of dependents and ready to do a magnificent humanitarian work. So
the question of finances reduces to a matter of present equipment and not one of
future maintenance.
But the present needs are great and the cry of the
helpless Indian orphans and helpless old people ringing in the ears of the
founder and the managers of the home led them all to strive with all their
abilities to secure the backing of some great charitable organization that would
take over the institution and immediately equip it as the present needs
demand. And now that the American Baptist Home Mission Society, one of the
greatest of American humanitarian institutions with $2,000,000 of members and an
annual income of a million dollars, has taken over the work the founder and his
associates rejoice and are glad, for their work has been
rewarded.
The Rock Island branch
road that runs from Ardmore to Haileyville runs through the farm, and a station
with side track facilities has been established. This will facilitate the
business of the institution greatly. There is also long distance telephone
connection and a portoffice under the name of Unchuka, which in the Choctaw
language means "My Homs."
There are now 40 children at the farm who are
entirely dependent upon the institution for a home. Some of them have been
rescued from the most miserable conditions and here given the comforts and
advantages of the best home training. Four of these children are entirely
without allotments, having been overlooked and left off the rolls. Twenty
more children are living at the home during the school year. Thoese are
not entirely dependent but the home affords them far better opportunity than
could their relatives at their homes. Already this fall 60 applications
for admission to the home during the school year have been refused on account of
lack of facilities. Last year 100 applications were similarlly
refused. The management fully realizes that with proper facilities the
home would be called upon to car for and educate from two to three hundred
children. And this demand is growing as the conditions of the Indian race
change with the development of the social system of the white race.
The
institution has from its foundation been under the personal supervision of the
Presidnet of the Board, J. S. Murrow. Under the new arrangement he may not
be permitted to retire, but will be relieved of the burdensome details in order
that he may in a wider and broader capacity devote his time and energy to the
advancement of the institution along the lines originally planned for
it.
Source: The Oklahoman November 29, 1908 on Page 15 [picture of
founder with story, but not good quality]
Transcribed and submitted by Linda
Craig
MURROW INDIAN ORPHANS' HOME v.
FEATHERSTONE
1922 OK
39
204 P.
1110
85 Okla.
150
Case Number: 10545
Decided:
02/07/1922
Supreme Court of Oklahoma
Cite as: 1922 OK 39, 85 Okla. 150, 204 P. 1110
MURROW INDIAN ORPHANS'
HOME
v.
FEATHERSTONE.
Syllabus
¶0 1. Statutes--Construction--Practical
Construction. Where the meaning of
the statute is
doubtful, great weight is given to the
construction placed
upon
it by the
department charged
with
its execution.
2. Statutes --
Construction
-- General
and Special
Provisions.
Where
there are two provisions of the
statutes, one of
which is special and particular and
clearly includes the
matter
in
controversy, and where the
special statute covering the
subject
prescribes
different
rules
and procedure from those in the general statute, it will
be held
that the special statute applies to the
subject-matter,
and that the general
statute does
not apply.
3.
Indians--Conveyance of
Land--Validity.
Melvina
Adams, a
full-blood citizen of the Choctaw Tribe, on December
22,
1903, selected
80 acres as part
of her allotment, the same
having been
set aside or reserved by
the
Commissioner to the Five
Civilized Tribes, in order
that the same might be
donated
to
the Murrow Indian
Orphans' Home. On February 10, 1904,
Melvina Adams
filed
with the
Commissioner to the Five Civilized Tribes
an
affidavit that said
land was
selected by her for the
benefit of said home. Thereafter
patent was
issued to her,
and
thereafter
Congress, in section 14 of the act of April 26,
1906,
authorized members of the Five
Civilized Tribes to
donate
portions
of
their allotments to said home, and on
July 2, 1909, Melvina Adams conveyed said
land by deed to
said home, which
deed was approved by the Secretary of the
Interior on July
8, 1912. Held, said
conveyance, when
approved by the
Secretary
of the Interior, was
carrying
out the intent and purpose of the act of Congress
and said
deed is not void, nor in
violation of section 19 of the act of April
26, 1906, nor
section 5 of the act
of May 27, 1908.
Error from District Court, Coal County; J. H. Linebaugh, Judge.
Action by Irvin Featherstone against the Murrow Indian Orphans' Home for possession of land and to quiet title. Judgment for plaintiff, and defendant brings error. Reversed and remanded.
S. H. Lattimore, for plaintiff in
error.
G. T. Ralls, for defendant in
error.
McNEILL, J.
¶1 This action was commenced in the district court of Coal county by Irvin Featherstone to recover possession of 80 acres of land and to quiet title in said plaintiff against the Murrow Indian Orphans' Home, and to declare a deed to said home executed by Melvina Adams, the allottee, and approved by the Secretary of the Interior, null and void. To said petition, the defendant answered, alleging it is the owner of said land and in possession thereof, and that Melvina Adams was a full-blood citizen of the Choctaw Tribe and the land was selected and allotted by her for the use of the defendant, and since the selection thereof, she executed her deed to defendant, which was approved by the Secretary of the Interior. That her selection of said land for the benefit of said defendant was affirmed by an act of Congress, to wit, section 14 of the act of April 26, 1906 (34 Stat. 137), and thereafter Melvina Adams executed her deed, which was approved by the Secretary of the Interior. It was stipulated in the trial of the case that Melvina Adams was a full-blood citizen of the Choctaw Nation and selected the land herein December 22, 1903. Thereafter patent was issued to her, a certified copy of which was introduced in evidence. On July 2, 1909, Melvina Adams executed a deed conveying this land and other lands to the Murrow Indian Orphans' Home. The deed was approved by the Secretary of the Interior July 8, 1912, the approval being as follows:
"Approved. Department of the Interior. Washington, D. C., July 8th, 1912. Approved except as to the south half of northeast quarter, section 23, township 2 north, range 11 east, which tract was reconveyed by the Murrow Indian Orphans' Home by quitclaim deed of June 12, 1912, to Melvina Adams. Samuel Adams, Asst. Superintendent."
¶2 The deed was duly recorded on July 24, 1912, in Miscellaneous Deed Record, Book One, page 292, record of the Five Civilized Tribes, and recorded August 27, 1912, in book 19, page 192. Deed Record of Coal county, Okla. That on July 1, 1913, Melvina Adams made a will and devised the land in question to Wilburn Adams and Lizzie Pusley. That on January 5, 1915, Wilburn Adams and Lizzie Pusley conveyed the land to plaintiff by deed, which deed was on January 8, 1915, approved by the judge of the county court of Latimer county. The defendant introduced in evidence a letter from the Interior Department regarding the reserving and selecting of this land. Also an affidavit made by Melvina Adams and filed with the Interior Department. The trial court upon the admitted facts rendered judgment for the plaintiff and against the defendant. From said judgment, the defendant has appealed.
¶3 The only question involved is the effect of the conveyance made by Melvina Adams to the Murrow Indian Orphans' Home, the same being approved by the Secretary of the Interior. In considering the rights of the plaintiff in error to this land it is necessary to look to the act of Congress and the interpretations placed upon said act by the Department of the Interior relating to transfer of this land to said home. It is stipulated that Melvina Adams selected this land on December 22, 1903. On January 6, 1904, E. A. Hitchcock, Secretary of the Interior, wrote a letter to the Commissioner to the Five Civilized Tribes regarding the Murrow Indian Orphans' Home, the material parts of said letter being as follows:
"November 30, 1903, you informed the
Department that on November 28, D. N.
Robb, of Atoka,
Indian Territory, representing the Murrow
Indian Orphan
Home
relative to the
desired
temporary
reservation from the allotment of the
lands of
the Choctaw
Nation of
certain lands where the
directors of the home contemplate
erecting
substantial buildings for the accommodation ant
use of
Indian orphans,
appeared
before your
Commission and
explained the purpose and plans
of the
home.
"It
appears that
said orphan home is
located at Atoka, Choctaw Nation,
and
has been in existence and under the supervision of
Rev. J.
S. Murrow for
about 18 years; that the object of
this institution is to afford to Indian
orphans, of
whatever tribe, a home
and chance for education, both of a technical
and a
practical character; that the
buildings at Atoka now
occupied by the home
are the
property of the Choctaw
Baptist Academy, and are only
being
temporarily
used by
this
orphan home. The home is now affording accommodation for
85 orphan
Indian children, the great majority of whom are
Choctaws
and Chickasaws.
"You
report that
Mr. Robb represents
that he has assurances from over 200
citizens of
the
Choctaw Nation that
for the support
and use of this school they are willing
to
contribute from ten to 60 acres of their allotments;
that
the directors of
the home are desirous of permanently
establishing it about 18 miles northwest of
Atoka on the
line of the Western
Oklahoma Railroad; that the home will require
for its
purpose practically 3,500
acres of land; that he
stated to
you
that the
S.1/2 of sec. 23. all of sec. 24,
the N.W. 1/4 of the N. 1/2 of the N.E.1/4 and
the S.W.1/4
of the N.E.1/4 and the
N. W.1/4 of the S.W.1/4 of sec. 25, and all
of sec. 26, in
T. 2, N. R. 11 E. and
secs. 18 and 19 in T.
2 N. R. 12 E.
are not
taken and are not held or
claimed by
any citizen or freedman of the Choctaw or
Chickasaw
Nations, and he requested
your Commission to temporarily reserve this
land from
allotment and to permit
the same to be selected
by
citizens
of the
said nations in such acreage as they
may desire, for the use and occupancy of
the Murrow Indian
Orphan Home. * *
*
"You suggest that in the event the
request is
granted, where
citizens of the Choctaw and
Chickasaw
Nations desire
to contribute a
portion of their
allotments for the use and support of
this
home, that they
be not required
to
go upon and examine the land. Other
communications
in regard to
the matter have been received,
a letter from
Mr.
Murrow of December 2, 1903, and
one from
A. Grant Evans, of Henry Kendall
College, Muskogee, Indian
Territory,
of December 1, 1903. * *
*
¶4 "Reporting in the matter December 16, 1903, the Commissioner of Indian Affairs states that he believes that it would be proper exercise of the discretion of the Department to authorize your Commission to withhold the lands described from general allotment, in the meantime taking steps to see that there are no prior claims to any of the lands by any citizens or freedman of the Choctaw or Chickasaw Nations; that the friends of the institution should be urged to procure the selection of these lands by persons who propose to donate them at the earliest possible moment. "While no specific statutory authority exists authorizing the Department to reserve lands for the purpose desired in this instance, it is considered it is vested with discretionary power in such matters, and you are accordingly advised that the tracts mentioned are hereby temporarily reserved for the purpose indicated. "Relative to your suggestion that where citizens of the Choctaw or Chickasaw Nations desire to contribute a portion of their allotments for the use and support of this home, that they be not required to go upon and examine such lands 'but that they make application for the allotment of the same for the use and occupancy of the Murrow Indian Orphan Home', you are advised that the question of what an allottee may do with the land selected from these tracts, with a view of donating it to this home, is not one for the Department. No objection is seen to your waiving any requirement relative to the examination of the land by such applicants. You will advise the parties in interest hereof. A copy of the Commissioner's letter of December 16, 1903, is inclosed."
¶5 On February 10, 1904, Melvina Adams made the following affidavit and filed the same with the Commissioner to the Five Civilized Tribes:
"In the matter of the application of Malvina Adams for an allotment of lands in the Choctaw-Chickasaw country to herself whose name appears as number 9477, on the approved schedule of Choctaws by blood of Atoka, Indian Territory, being first duly sworn, makes affidavit as follows:
"That my name is Melvina Adams, that my age is years, that I am a citizen by blood of the Choctaw Nation, that my enrollment as such was approved by the Secretary of the Interior February 4, 1903, my name appearing upon the final roll of the citizens by blood of the Choctaw Nation opposite number 9477; that on the 22nd day of December, 1903, I personally appeared before the Choctaw Land Office of the Commission to the Five Civilized Tribes, at Atoka, Indian Territory, and then and there selected as a portion of my allotment of the lands of the Choctaw and Chickasaw Nations the following described tracts, to wit:
"E.1/2 of S.W.1/4, sec 23, T. 2 N. R. 11
E., containing 80 acres of the
appraised value of $
260.
"That I do not intend to use
the aforesaid
described land or any
portion
thereof, or
dispose of the same to any other
person by sale, lease, or
contract,
and that I in good faith selected such tract
of
land for the use and occupancy of
the Murrow Indian Orphan
Home."
¶6 The record disclosed the Commissioner to the Five Civilized Tribes, on November 30, 1903, wrote to the Department of the Interior that this land, together with other lands, had not been claimed by any citizen of the Choctaw Nation, and requesting the Commissioner to reserve this land and other land and permit the same to be selected by the citizens of the Nation, or such acreage as they desired, for the use and occupancy of the Murrow Indian Orphans' Home. The record then disclosed that on December 22, 1903, Melvina Adams selected this identical land, together with other land, as a portion of her allotment. On February 10, 1904, which was before the patent was issued to her, she made an affidavit that she had selected this land for the use and occupancy of Murrow Indian Orphans' Home. Thereafter patent was issued to her. Thereafter Congress by section 14 of act of April 26, 1906, provided:
"The Principal Chief of the Choctaw Nation and the Governor of the Chickasaw Nation are, with the approval of the Secretary of the Interior, hereby authorized and directed to issue patents to the Murrow Indian Orphans' Home, a corporation of Atoka, Indian Territory, in all cases where tracts have been allotted under the direction of the Secretary of the Interior for the purpose of allowing the allottees to donate the tract so allotted to said Murrow Indian Orphans' Home."
¶7 The question is, Does this land come within this provision of the act? The land was reserved by the Commissioner for this purpose. The allottee after filing on the same, and before receiving patent, made an affidavit that it was selected for the purpose of donating it to the home. We then have the Assistant Secretary of the Interior when approving the deed construing the act of Congress as giving him the authority, and that this land comes within this provision of the act of Congress. He wrote as follows:
"It is the opinion of the Department that it lies within the discretion of the Secretary to approve these deeds at the present time. The provisions of law applicable to the matter must be read in the light of the history of the Murrow Indian Orphans' Home. * * * The plan was indorsed by the General Council of the Choctaw Nation in a resolution approved by the Principal Chief November 5, 1903 * * * (Setting forth a history of the correspondence and negotiations.) The character of the school being well known to the Department, and its usefulness being demonstrated, Congress, by section 14 of the act of April 26, 1906 (34 Stat. 137), placed its stamp of approval upon the undertaking. That section reads, in part, as follows. * * *
¶8 "It is clear from the foregoing provisions of law that certain allotments had theretofore been made for the purpose of allowing the allottee to donate the tracts so allotted to the Murrow Indian Orphans' Home, that Congress sanctioned this plan, and that it intended by this act to confirm what had been done, and to provide a method of effectuating actual conveyance to the home. It is not material that the act PrOvided for the conveyances to me made by the Principal Chief of the Choctaw Nation, and the Governor of the Choctaw Nation, instead of by the allottees. That was but the means to an end, and the method so prescribed would have been followed had not the land been actually patented to the allottees, contrary to the intent of the law. It will be entirely within the purpose of the act, and the result contemplated by it will be accomplished, if these deeds are approved, providing they are otherwise free from objection. The rule of construction to be followed in this case is that which relates to laws affecting instructions of a public or quasi public nature. Such acts should be construed with sufficient liberality to permit of the accomplishment of the legislative intent, and technical feature of the law should not be allowed to control. "At the same time, it is deemed advisable, in order that the acquiescence of the tribe in the proposed plan may become a matter of record, that the chief executives of said tribes be also called upon to execute deeds for the tracts in question, in favor of the said Orphans' Home, such deeds to be approved by the Secretary of the Interior in the usual manner. "It is true that provision was made in section 19 of said act of April 26, 1906, that no full-blood Indian of said tribes shall have power to alienate, sell, dispose of, or incumber in any manner lands allotted to him for the period of 25 years, unless such restrictions shall, prior to the expiration of said period, be removed by Congress; also that every deed executed before, or for the making of which a contract or agreement was entered into before the removal of restrictions, shall be void. A similar provision was incorporated as section 5 of the act of May 27, 1908 (35 Stat. 312). It is sufficient to say that these provisions are of a general nature and contain nothing whatever indicating an intention to repeal the special provisions in the act of April 26, 1906, designated to permit allottees to donate portions of their allotments to the Murrow Indian Orphans' Home. It is therefore deemed immaterial that the deeds now submitted for approval were executed in the year 1910, prior to the removal of restrictions from said allottees."
¶9 This construction should be given great weight, as was said in the case of Blanset v. Cardin, 261 F. 309:
"Where the meaning of the statute is doubtful, great weight is given to the construction placed upon it by the department charged with its execution."
¶10 It is contended by the defendant in error that this was a conveyance of restricted land and was void and in violation of the act of May 27, 1908 (35 Star. L. 312, c. 199). The Secretary of the Interior in approving the deed held the conveyance was not in violation of said act, but the same was a conveyance as contemplated by section 14 of the act of April 26, 1906, and one being a general statute and the other being a special statute and including the matter in centre versy, the special statute would control. This is the general rule of construction applied to conflicting provisions of the statute. As was said by this court in the case of the Muskogee Times-Democrat v. Board of Commissioners, 76 Okla. 188, 184 P. 591:
"Where there are two provisions of the statutes, one of which is special and particular and clearly includes the matter in controversy, and where the special statute covering the subject prescribes different rules and procedure from those in the general statute, it will be held that the special statute, applies to the subject-matter, and that the general statute does not apply.'
¶11 Plaintiff, however, contends this identical question was decided by this court in the case of McClendon v. Murrow, 64 Okla. 205, 166 P. 1101. There is this distinction, however, in the two cases, or at least as disclosed by the record, to wit: In the first place in the McClendon Case the Secretary of the Interior never attempted to reserve the land for the benefit of the home irrespective of his authority so to do. Second, no affidavit was filed by the allottee prior to the time of receiving the patent that the land was selected by her for the use and benefit of the home. Third, no contention was made in the former case that the conveyance was one that came within section 14 of the act of April 26, 1906. This court did not construe section 14 of the act of April 26, 1906, in that case, nor does it appear that said act was called to the court's attention, but the parties in that case relied upon removal of restriction, as provided in the act of April, 21, 1904, c. 1402, 33 Stat. 204. Nowhere in the opinion does this court refer to section 14 of the act of April 26, 1906, nor was it considered by the court. While in the instant case the Secretary of the Interior approved the act, believing the conveyance was a conveyance coming within that section of the act of Congress, and when the general rule of construction is applied to the acts of Congress, we think the holding of the Secretary of the Interior correct, and should not be disturbed unless clearly erroneous. This being true, the court erred in canceling the said deed and quieting title in said plaintiff.
¶12 The judgment of the court is reversed, and remanded, with instructions to dismiss defendant in error's petition.
¶13 PITCHFORD, V. C. J., and
JOHNSON, ELTING, and NICHOLSON, JJ.,
concur.