Board of County Commissioners v. Hooker

The opinion of the court was delivered by

Burch, J. :

On August 10, 1901, a petition was presented to the board of county commissioners of Cowley county, praying for the location of a public highway upon certain section-lines through territory which had originally formed a part of the trust and diminished reserve lands of the Osage Indians. The attention of the board was not called to the act of congress of 1866 (14 U. S. Stat. at Large, 253, ch. 262, § 8, U. S. Rev. Stat. § 2477, 2 U. S. Comp. Stat. 1901, 1567), granting the right of way for the construction of highways over public lands not…