Freeman v. Masters

On Rehearing.

The decision in this case was based upon the conclusion that the issue presented was definitely decided by this court in Boyd v. Weer, 124 Okla. 91, 253 P. 988. The only other authority cited was Kiel v. Baker, 91 Okla. 128, 216 P. 640. In the response to the petition for rehearing, the decision of this court in Brown v. Minshall, 83 Okla. 98, 202 P. 1037, was cited.

The decision in each of those eases was based upon a construction of the provisions of section 9 of the Act of Congress of May 27, 1908 (35 Stat. 3121) chapter 199', hereinafter referred to as the 1908 act. That…