Empathy List Archives

PM

Phillip Morton

Mon, Apr 18, 2022 3:36 PM

Hooper v City of Tulsa
Decided 4/13/22
Northern District of Oklahoma

So to make sure I understand. If the municipality was incorporated prior to
statehood, then McGirt does not apply and Indians can be prosecuted for
municipal violations even if the municipality lies within "Indian Country".
If the municipality was incorporated after statehood, and the municipality
falls within "Indian Country" then McGirt does apply.

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
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recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.

Hooper v City of Tulsa Decided 4/13/22 Northern District of Oklahoma So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling *580-759-0049*.

BP

Boulden, Patrick

Mon, Apr 18, 2022 3:50 PM

Short Answer: Yes

Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org mailto:patrickboulden@tulsacouncil.org

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, April 18, 2022 10:36 AM
To: oama@lists.imla.org
Subject: [Oama] Hooper decision

Hooper v City of Tulsa
Decided 4/13/22
Northern District of Oklahoma

So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply.

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

Short Answer: Yes Patrick Boulden | Council Administrator Office of the Tulsa City Council 175 East Second Street, Suite 475 Tulsa, OK 74103-3208 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org> From: Phillip Morton <mortonlawoffice@gmail.com> Sent: Monday, April 18, 2022 10:36 AM To: oama@lists.imla.org Subject: [Oama] Hooper decision Hooper v City of Tulsa Decided 4/13/22 Northern District of Oklahoma So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com<mailto:MortonLawOffice@gmail.com>

MH

Martin, Hayes

Mon, Apr 18, 2022 4:00 PM

A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act.

I imagine it is going to get taken up to the 10th, so we can keep you all posted.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department
175 E. 2nd St, Suite 685 Tulsa, OK 74103
T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org
www.cityoftulsa.org http://www.cityoftulsa.org/
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties.

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, April 18, 2022 10:36 AM
To: oama@lists.imla.org
Subject: [Oama] Hooper decision

Hooper v City of Tulsa
Decided 4/13/22
Northern District of Oklahoma

So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply.

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act. I imagine it is going to get taken up to the 10th, so we can keep you all posted. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org<mailto:hmartin@cityoftulsa.org> www.cityoftulsa.org<http://www.cityoftulsa.org/> NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Phillip Morton <mortonlawoffice@gmail.com> Sent: Monday, April 18, 2022 10:36 AM To: oama@lists.imla.org Subject: [Oama] Hooper decision Hooper v City of Tulsa Decided 4/13/22 Northern District of Oklahoma So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com<mailto:MortonLawOffice@gmail.com> CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

BA

Beth Anne Childs

Mon, Apr 18, 2022 4:14 PM

Hayes:

Thank you so much for your guidance. I am curious about what documents you used to support that the City of Tulsa was incorporated in Federal Court. I would expect that this will be important to those of us who represent municipalities within Indian Country that were incorporated prior to statehood.

Thank you!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

From: Martin, Hayes via Oama oama@lists.imla.org
Sent: Monday, April 18, 2022 11:00 AM
To: Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Hooper decision

A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act.

I imagine it is going to get taken up to the 10th, so we can keep you all posted.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department

175 E. 2nd St, Suite 685 Tulsa, OK 74103

T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org
www.cityoftulsa.org http://www.cityoftulsa.org/

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties.

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, April 18, 2022 10:36 AM
To: oama@lists.imla.org
Subject: [Oama] Hooper decision

Hooper v City of Tulsa
Decided 4/13/22
Northern District of Oklahoma

So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply.

Phillip N. Morton, J.D.

P.O. Box 1886

Ada, OK 74820

Phone: 580-759-0049

Fax: 580-759-2177

Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

Hayes: Thank you so much for your guidance. I am curious about what documents you used to support that the City of Tulsa was incorporated in Federal Court. I would expect that this will be important to those of us who represent municipalities within Indian Country that were incorporated prior to statehood. Thank you! Beth Anne Beth Anne Childs The Childs Law Firm, PLLC 1015 South Detroit Avenue Tulsa, Oklahoma. 74120 (918) 521-3092 ________________________________ From: Martin, Hayes via Oama <oama@lists.imla.org> Sent: Monday, April 18, 2022 11:00 AM To: Phillip Morton <mortonlawoffice@gmail.com>; oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Re: Hooper decision A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act. I imagine it is going to get taken up to the 10th, so we can keep you all posted. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org<mailto:hmartin@cityoftulsa.org> www.cityoftulsa.org<http://www.cityoftulsa.org/> NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Phillip Morton <mortonlawoffice@gmail.com> Sent: Monday, April 18, 2022 10:36 AM To: oama@lists.imla.org Subject: [Oama] Hooper decision Hooper v City of Tulsa Decided 4/13/22 Northern District of Oklahoma So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com<mailto:MortonLawOffice@gmail.com> CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

MH

Martin, Hayes

Mon, Apr 18, 2022 4:25 PM

We have Tulsa's Petition to Incorporate from 1898 as well as the U.S. Court for the Northern District of Indian Territory's Minute Order granting the Petition from 1898. Additionally, we tracked down several cases where there was a holding that the City of Tulsa was properly incorporated prior to statehood. You might check with your City Clerks or the Federal Court clerks, as well as local librarians, to track down your incorporation evidence.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department
175 E. 2nd St, Suite 685 Tulsa, OK 74103
T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org
www.cityoftulsa.org http://www.cityoftulsa.org/
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties.

From: Beth Anne Childs bethanne@thechildsfirm.com
Sent: Monday, April 18, 2022 11:15 AM
To: Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org; Martin, Hayes hmartin@cityoftulsa.org
Subject: Re: [Oama] Re: Hooper decision

Hayes:

Thank you so much for your guidance. I am curious about what documents you used to support that the City of Tulsa was incorporated in Federal Court. I would expect that this will be important to those of us who represent municipalities within Indian Country that were incorporated prior to statehood.

Thank you!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

From: Martin, Hayes via Oama <oama@lists.imla.org mailto:oama@lists.imla.org>
Sent: Monday, April 18, 2022 11:00 AM
To: Phillip Morton <mortonlawoffice@gmail.com mailto:mortonlawoffice@gmail.com>; oama@lists.imla.org mailto:oama@lists.imla.org <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] Re: Hooper decision

A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act.

I imagine it is going to get taken up to the 10th, so we can keep you all posted.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department

175 E. 2nd St, Suite 685 Tulsa, OK 74103

T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org
www.cityoftulsa.org https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityoftulsa.org%2F&data=04%7C01%7Chmartin%40cityoftulsa.org%7Cc7f82e6ccb4e40661b2408da215697d6%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637858953043563111%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=42S6sDihvAWvcYSYvbghlGJhGyEll68jKM7zAcgtHms%3D&reserved=0

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties.

From: Phillip Morton <mortonlawoffice@gmail.com mailto:mortonlawoffice@gmail.com>
Sent: Monday, April 18, 2022 10:36 AM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Hooper decision

Hooper v City of Tulsa
Decided 4/13/22
Northern District of Oklahoma

So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply.

Phillip N. Morton, J.D.

P.O. Box 1886

Ada, OK 74820

Phone: 580-759-0049

Fax: 580-759-2177

Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

We have Tulsa's Petition to Incorporate from 1898 as well as the U.S. Court for the Northern District of Indian Territory's Minute Order granting the Petition from 1898. Additionally, we tracked down several cases where there was a holding that the City of Tulsa was properly incorporated prior to statehood. You might check with your City Clerks or the Federal Court clerks, as well as local librarians, to track down your incorporation evidence. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org<mailto:hmartin@cityoftulsa.org> www.cityoftulsa.org<http://www.cityoftulsa.org/> NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Beth Anne Childs <bethanne@thechildsfirm.com> Sent: Monday, April 18, 2022 11:15 AM To: Phillip Morton <mortonlawoffice@gmail.com>; oama@lists.imla.org; Martin, Hayes <hmartin@cityoftulsa.org> Subject: Re: [Oama] Re: Hooper decision Hayes: Thank you so much for your guidance. I am curious about what documents you used to support that the City of Tulsa was incorporated in Federal Court. I would expect that this will be important to those of us who represent municipalities within Indian Country that were incorporated prior to statehood. Thank you! Beth Anne Beth Anne Childs The Childs Law Firm, PLLC 1015 South Detroit Avenue Tulsa, Oklahoma. 74120 (918) 521-3092 ________________________________ From: Martin, Hayes via Oama <oama@lists.imla.org<mailto:oama@lists.imla.org>> Sent: Monday, April 18, 2022 11:00 AM To: Phillip Morton <mortonlawoffice@gmail.com<mailto:mortonlawoffice@gmail.com>>; oama@lists.imla.org<mailto:oama@lists.imla.org> <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Re: Hooper decision A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act. I imagine it is going to get taken up to the 10th, so we can keep you all posted. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org<mailto:hmartin@cityoftulsa.org> www.cityoftulsa.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityoftulsa.org%2F&data=04%7C01%7Chmartin%40cityoftulsa.org%7Cc7f82e6ccb4e40661b2408da215697d6%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637858953043563111%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=42S6sDihvAWvcYSYvbghlGJhGyEll68jKM7zAcgtHms%3D&reserved=0> NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Phillip Morton <mortonlawoffice@gmail.com<mailto:mortonlawoffice@gmail.com>> Sent: Monday, April 18, 2022 10:36 AM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Hooper decision Hooper v City of Tulsa Decided 4/13/22 Northern District of Oklahoma So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com<mailto:MortonLawOffice@gmail.com> CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

SA

Sisemore, Alexander

Mon, Apr 18, 2022 4:38 PM

The City of Broken Arrow secured a copy of its Petition filed in the Western District of Indian Territory (Muskogee) by reaching out via e-mail to the National Archives and Records Administration in Fort Worth at ftworth.archives@nara.gov mailto:ftworth.archives@nara.gov. It took about 3 weeks to get the documents.

We tried calling but got an automated message they were still working primarily remotely. This was back in June 2021, so you may be able to get someone on the phone to speak directly to. The archivist who ultimately provided the documents was Barbara Rust the number on her signature block is 817-551-2051.

Very Best,

Alexander J. Sisemore | Senior Civil Litigation Attorney
220 South First Street
Broken Arrow, OK 74012
Office: 918-259-8422 ext. 5424
Fax: 918-259-8210
Email: asisemore@brokenarrowok.gov mailto:asisemore@brokenarrowok.gov
facebookhttp://www.facebook.com/cityofba | twitterhttp://www.twitter.com/cityofba | youtubehttp://www.youtube.com/cityofbrokenarrow

[cid:image001.jpg@01D4A9B7.9E54BD90]

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you receive this message in error, you are nereby notified that the City of Broken Arrow does not consent to any reading, dissemination, distribution, or copying of this message. If you have received this communication in error, please notify the sender immediately and destroy the transmitted information immediately.

From: Martin, Hayes via Oama oama@lists.imla.org
Sent: Monday, April 18, 2022 11:25 AM
To: Beth Anne Childs bethanne@thechildsfirm.com; Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: Hooper decision

CAUTION! This email originated from outside of the City of Broken Arrow network. Do not click links or open attachments unless you recognize the sender and know the content is safe.

We have Tulsa's Petition to Incorporate from 1898 as well as the U.S. Court for the Northern District of Indian Territory's Minute Order granting the Petition from 1898. Additionally, we tracked down several cases where there was a holding that the City of Tulsa was properly incorporated prior to statehood. You might check with your City Clerks or the Federal Court clerks, as well as local librarians, to track down your incorporation evidence.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department
175 E. 2nd St, Suite 685 Tulsa, OK 74103
T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org
www.cityoftulsa.org https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityoftulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C637858959594510938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40Dimwe4%3D&reserved=0
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties.

From: Beth Anne Childs <bethanne@thechildsfirm.com mailto:bethanne@thechildsfirm.com>
Sent: Monday, April 18, 2022 11:15 AM
To: Phillip Morton <mortonlawoffice@gmail.com mailto:mortonlawoffice@gmail.com>; oama@lists.imla.org mailto:oama@lists.imla.org; Martin, Hayes <hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org>
Subject: Re: [Oama] Re: Hooper decision

Hayes:

Thank you so much for your guidance. I am curious about what documents you used to support that the City of Tulsa was incorporated in Federal Court. I would expect that this will be important to those of us who represent municipalities within Indian Country that were incorporated prior to statehood.

Thank you!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

From: Martin, Hayes via Oama <oama@lists.imla.org mailto:oama@lists.imla.org>
Sent: Monday, April 18, 2022 11:00 AM
To: Phillip Morton <mortonlawoffice@gmail.com mailto:mortonlawoffice@gmail.com>; oama@lists.imla.org mailto:oama@lists.imla.org <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] Re: Hooper decision

A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act.

I imagine it is going to get taken up to the 10th, so we can keep you all posted.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department

175 E. 2nd St, Suite 685 Tulsa, OK 74103

T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org
www.cityoftulsa.org https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityoftulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C637858959594510938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40Dimwe4%3D&reserved=0

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties.

From: Phillip Morton <mortonlawoffice@gmail.com mailto:mortonlawoffice@gmail.com>
Sent: Monday, April 18, 2022 10:36 AM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Hooper decision

Hooper v City of Tulsa
Decided 4/13/22
Northern District of Oklahoma

So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply.

Phillip N. Morton, J.D.

P.O. Box 1886

Ada, OK 74820

Phone: 580-759-0049

Fax: 580-759-2177

Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

The City of Broken Arrow secured a copy of its Petition filed in the Western District of Indian Territory (Muskogee) by reaching out via e-mail to the National Archives and Records Administration in Fort Worth at ftworth.archives@nara.gov<mailto:ftworth.archives@nara.gov>. It took about 3 weeks to get the documents. We tried calling but got an automated message they were still working primarily remotely. This was back in June 2021, so you may be able to get someone on the phone to speak directly to. The archivist who ultimately provided the documents was Barbara Rust the number on her signature block is 817-551-2051. Very Best, Alexander J. Sisemore | Senior Civil Litigation Attorney 220 South First Street Broken Arrow, OK 74012 Office: 918-259-8422 ext. 5424 Fax: 918-259-8210 Email: asisemore@brokenarrowok.gov<mailto:asisemore@brokenarrowok.gov> facebook<http://www.facebook.com/cityofba> | twitter<http://www.twitter.com/cityofba> | youtube<http://www.youtube.com/cityofbrokenarrow> [cid:image001.jpg@01D4A9B7.9E54BD90] This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you receive this message in error, you are nereby notified that the City of Broken Arrow does not consent to any reading, dissemination, distribution, or copying of this message. If you have received this communication in error, please notify the sender immediately and destroy the transmitted information immediately. From: Martin, Hayes via Oama <oama@lists.imla.org> Sent: Monday, April 18, 2022 11:25 AM To: Beth Anne Childs <bethanne@thechildsfirm.com>; Phillip Morton <mortonlawoffice@gmail.com>; oama@lists.imla.org Subject: [Oama] Re: Hooper decision CAUTION! This email originated from outside of the City of Broken Arrow network. Do not click links or open attachments unless you recognize the sender and know the content is safe. We have Tulsa's Petition to Incorporate from 1898 as well as the U.S. Court for the Northern District of Indian Territory's Minute Order granting the Petition from 1898. Additionally, we tracked down several cases where there was a holding that the City of Tulsa was properly incorporated prior to statehood. You might check with your City Clerks or the Federal Court clerks, as well as local librarians, to track down your incorporation evidence. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org<mailto:hmartin@cityoftulsa.org> www.cityoftulsa.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityoftulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C637858959594510938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40Dimwe4%3D&reserved=0> NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Beth Anne Childs <bethanne@thechildsfirm.com<mailto:bethanne@thechildsfirm.com>> Sent: Monday, April 18, 2022 11:15 AM To: Phillip Morton <mortonlawoffice@gmail.com<mailto:mortonlawoffice@gmail.com>>; oama@lists.imla.org<mailto:oama@lists.imla.org>; Martin, Hayes <hmartin@cityoftulsa.org<mailto:hmartin@cityoftulsa.org>> Subject: Re: [Oama] Re: Hooper decision Hayes: Thank you so much for your guidance. I am curious about what documents you used to support that the City of Tulsa was incorporated in Federal Court. I would expect that this will be important to those of us who represent municipalities within Indian Country that were incorporated prior to statehood. Thank you! Beth Anne Beth Anne Childs The Childs Law Firm, PLLC 1015 South Detroit Avenue Tulsa, Oklahoma. 74120 (918) 521-3092 ________________________________ From: Martin, Hayes via Oama <oama@lists.imla.org<mailto:oama@lists.imla.org>> Sent: Monday, April 18, 2022 11:00 AM To: Phillip Morton <mortonlawoffice@gmail.com<mailto:mortonlawoffice@gmail.com>>; oama@lists.imla.org<mailto:oama@lists.imla.org> <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Re: Hooper decision A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act. I imagine it is going to get taken up to the 10th, so we can keep you all posted. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org<mailto:hmartin@cityoftulsa.org> www.cityoftulsa.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityoftulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C637858959594510938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40Dimwe4%3D&reserved=0> NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Phillip Morton <mortonlawoffice@gmail.com<mailto:mortonlawoffice@gmail.com>> Sent: Monday, April 18, 2022 10:36 AM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Hooper decision Hooper v City of Tulsa Decided 4/13/22 Northern District of Oklahoma So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com<mailto:MortonLawOffice@gmail.com> CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

DW

David Weatherford

Mon, Apr 18, 2022 5:31 PM

The tables at 7-9 should help many to show they were in existence at
statehood:

https://www2.census.gov/prod2/decennial/documents/1907pop_OK-IndianTerritory
.pdf

David L. Weatherford

Attorney At Law

1141 East 37th Street

Tulsa, OK 74105

(918) 743-8355

(918) 743-7478 (fax)

From: Sisemore, Alexander ASisemore@brokenarrowok.gov
Sent: Monday, April 18, 2022 11:39 AM
To: oama@lists.imla.org
Subject: [Oama] Re: Hooper decision

The City of Broken Arrow secured a copy of its Petition filed in the Western
District of Indian Territory (Muskogee) by reaching out via e-mail to the
National Archives and Records Administration in Fort Worth at
ftworth.archives@nara.gov mailto:ftworth.archives@nara.gov . It took
about 3 weeks to get the documents.

We tried calling but got an automated message they were still working
primarily remotely. This was back in June 2021, so you may be able to get
someone on the phone to speak directly to. The archivist who ultimately
provided the documents was Barbara Rust the number on her signature block is
817-551-2051.

Very Best,

Alexander J. Sisemore | Senior Civil Litigation Attorney

220 South First Street

Broken Arrow, OK 74012

Office: 918-259-8422 ext. 5424

Fax: 918-259-8210

Email: mailto:asisemore@brokenarrowok.gov asisemore@brokenarrowok.gov

http://www.facebook.com/cityofba facebook |
http://www.twitter.com/cityofba twitter |
http://www.youtube.com/cityofbrokenarrow youtube

This message is intended only for the use of the individual or entity to
which it is addressed and may contain information that is privileged,
confidential, and exempt from disclosure under applicable law. If you
receive this message in error, you are nereby notified that the City of
Broken Arrow does not consent to any reading, dissemination, distribution,
or copying of this message. If you have received this communication in
error, please notify the sender immediately and destroy the transmitted
information immediately.

From: Martin, Hayes via Oama <oama@lists.imla.org
mailto:oama@lists.imla.org >
Sent: Monday, April 18, 2022 11:25 AM
To: Beth Anne Childs <bethanne@thechildsfirm.com
mailto:bethanne@thechildsfirm.com >; Phillip Morton
<mortonlawoffice@gmail.com mailto:mortonlawoffice@gmail.com >;
oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Re: Hooper decision

CAUTION! This email originated from outside of the City of Broken Arrow
network. Do not click links or open attachments unless you recognize the
sender and know the content is safe.

We have Tulsas Petition to Incorporate from 1898 as well as the U.S. Court
for the Northern District of Indian Territorys Minute Order granting the
Petition from 1898. Additionally, we tracked down several cases where there
was a holding that the City of Tulsa was properly incorporated prior to
statehood. You might check with your City Clerks or the Federal Court
clerks, as well as local librarians, to track down your incorporation
evidence.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department

175 E. 2nd St, Suite 685 Tulsa, OK 74103

T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org

<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityof
tulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de
240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C63785895959451
0938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1
haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40
Dimwe4%3D&reserved=0> www.cityoftulsa.org

NOTICE: This email (including any attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may
be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this
communication (including any attachments) is strictly prohibited. Please
reply to the sender that you have received the message in error, then delete
it. Any tax advice contained in this communication is not intended to be
used, and cannot be used, to avoid tax penalties.

From: Beth Anne Childs <bethanne@thechildsfirm.com
mailto:bethanne@thechildsfirm.com >
Sent: Monday, April 18, 2022 11:15 AM
To: Phillip Morton <mortonlawoffice@gmail.com
mailto:mortonlawoffice@gmail.com >; oama@lists.imla.org
mailto:oama@lists.imla.org ; Martin, Hayes <hmartin@cityoftulsa.org
mailto:hmartin@cityoftulsa.org >
Subject: Re: [Oama] Re: Hooper decision

Hayes:

Thank you so much for your guidance. I am curious about what documents you
used to support that the City of Tulsa was incorporated in Federal Court. I
would expect that this will be important to those of us who represent
municipalities within Indian Country that were incorporated prior to
statehood.

Thank you!

Beth Anne

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

From: Martin, Hayes via Oama <oama@lists.imla.org
mailto:oama@lists.imla.org >
Sent: Monday, April 18, 2022 11:00 AM
To: Phillip Morton <mortonlawoffice@gmail.com
mailto:mortonlawoffice@gmail.com >; oama@lists.imla.org
mailto:oama@lists.imla.org <oama@lists.imla.org
mailto:oama@lists.imla.org >
Subject: [Oama] Re: Hooper decision

A Municipality would have to have been incorporated in federal court
pursuant to the Curtis Act of 1898. If so, the Northern District ruled that
the Curtis Act confers jurisdiction to those municipalities over violations
of those ordinances involving Indians. If after statehood, the municipality
would incorporated pursuant to state law and likely not fall under the
Curtis Act.

I imagine it is going to get taken up to the 10th, so we can keep you all
posted.

Hayes T. Martin | Assistant City Attorney
City of Tulsa Legal Department

175 E. 2nd St, Suite 685 Tulsa, OK 74103

T: 918-596-7740
F: 918-596-9700
E: hmartin@cityoftulsa.org mailto:hmartin@cityoftulsa.org

<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityof
tulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de
240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C63785895959451
0938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1
haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40
Dimwe4%3D&reserved=0> www.cityoftulsa.org

NOTICE: This email (including any attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may
be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this
communication (including any attachments) is strictly prohibited. Please
reply to the sender that you have received the message in error, then delete
it. Any tax advice contained in this communication is not intended to be
used, and cannot be used, to avoid tax penalties.

From: Phillip Morton <mortonlawoffice@gmail.com
mailto:mortonlawoffice@gmail.com >
Sent: Monday, April 18, 2022 10:36 AM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Hooper decision

Hooper v City of Tulsa
Decided 4/13/22
Northern District of Oklahoma

So to make sure I understand. If the municipality was incorporated prior to
statehood, then McGirt does not apply and Indians can be prosecuted for
municipal violations even if the municipality lies within "Indian Country".
If the municipality was incorporated after statehood, and the municipality
falls within "Indian Country" then McGirt does apply.

Phillip N. Morton, J.D.

P.O. Box 1886

Ada, OK 74820

Phone: 580-759-0049

Fax: 580-759-2177

Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.

CAUTION: This email originated from outside of the organization. Do not
reply, forward, click links, or open attachments unless you recognize the
sender and know the content is safe. Please report using the Phish Alert
button in the Outlook Desktop Client if this message contains potentially
unsafe content.

The tables at 7-9 should help many to show they were in existence at statehood: https://www2.census.gov/prod2/decennial/documents/1907pop_OK-IndianTerritory .pdf David L. Weatherford Attorney At Law 1141 East 37th Street Tulsa, OK 74105 (918) 743-8355 (918) 743-7478 (fax) From: Sisemore, Alexander <ASisemore@brokenarrowok.gov> Sent: Monday, April 18, 2022 11:39 AM To: oama@lists.imla.org Subject: [Oama] Re: Hooper decision The City of Broken Arrow secured a copy of its Petition filed in the Western District of Indian Territory (Muskogee) by reaching out via e-mail to the National Archives and Records Administration in Fort Worth at ftworth.archives@nara.gov <mailto:ftworth.archives@nara.gov> . It took about 3 weeks to get the documents. We tried calling but got an automated message they were still working primarily remotely. This was back in June 2021, so you may be able to get someone on the phone to speak directly to. The archivist who ultimately provided the documents was Barbara Rust the number on her signature block is 817-551-2051. Very Best, Alexander J. Sisemore | Senior Civil Litigation Attorney 220 South First Street Broken Arrow, OK 74012 Office: 918-259-8422 ext. 5424 Fax: 918-259-8210 Email: <mailto:asisemore@brokenarrowok.gov> asisemore@brokenarrowok.gov <http://www.facebook.com/cityofba> facebook | <http://www.twitter.com/cityofba> twitter | <http://www.youtube.com/cityofbrokenarrow> youtube This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you receive this message in error, you are nereby notified that the City of Broken Arrow does not consent to any reading, dissemination, distribution, or copying of this message. If you have received this communication in error, please notify the sender immediately and destroy the transmitted information immediately. From: Martin, Hayes via Oama <oama@lists.imla.org <mailto:oama@lists.imla.org> > Sent: Monday, April 18, 2022 11:25 AM To: Beth Anne Childs <bethanne@thechildsfirm.com <mailto:bethanne@thechildsfirm.com> >; Phillip Morton <mortonlawoffice@gmail.com <mailto:mortonlawoffice@gmail.com> >; oama@lists.imla.org <mailto:oama@lists.imla.org> Subject: [Oama] Re: Hooper decision CAUTION! This email originated from outside of the City of Broken Arrow network. Do not click links or open attachments unless you recognize the sender and know the content is safe. We have Tulsas Petition to Incorporate from 1898 as well as the U.S. Court for the Northern District of Indian Territorys Minute Order granting the Petition from 1898. Additionally, we tracked down several cases where there was a holding that the City of Tulsa was properly incorporated prior to statehood. You might check with your City Clerks or the Federal Court clerks, as well as local librarians, to track down your incorporation evidence. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org <mailto:hmartin@cityoftulsa.org> <https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityof tulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de 240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C63785895959451 0938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1 haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40 Dimwe4%3D&reserved=0> www.cityoftulsa.org NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Beth Anne Childs <bethanne@thechildsfirm.com <mailto:bethanne@thechildsfirm.com> > Sent: Monday, April 18, 2022 11:15 AM To: Phillip Morton <mortonlawoffice@gmail.com <mailto:mortonlawoffice@gmail.com> >; oama@lists.imla.org <mailto:oama@lists.imla.org> ; Martin, Hayes <hmartin@cityoftulsa.org <mailto:hmartin@cityoftulsa.org> > Subject: Re: [Oama] Re: Hooper decision Hayes: Thank you so much for your guidance. I am curious about what documents you used to support that the City of Tulsa was incorporated in Federal Court. I would expect that this will be important to those of us who represent municipalities within Indian Country that were incorporated prior to statehood. Thank you! Beth Anne Beth Anne Childs The Childs Law Firm, PLLC 1015 South Detroit Avenue Tulsa, Oklahoma. 74120 (918) 521-3092 _____ From: Martin, Hayes via Oama <oama@lists.imla.org <mailto:oama@lists.imla.org> > Sent: Monday, April 18, 2022 11:00 AM To: Phillip Morton <mortonlawoffice@gmail.com <mailto:mortonlawoffice@gmail.com> >; oama@lists.imla.org <mailto:oama@lists.imla.org> <oama@lists.imla.org <mailto:oama@lists.imla.org> > Subject: [Oama] Re: Hooper decision A Municipality would have to have been incorporated in federal court pursuant to the Curtis Act of 1898. If so, the Northern District ruled that the Curtis Act confers jurisdiction to those municipalities over violations of those ordinances involving Indians. If after statehood, the municipality would incorporated pursuant to state law and likely not fall under the Curtis Act. I imagine it is going to get taken up to the 10th, so we can keep you all posted. Hayes T. Martin | Assistant City Attorney City of Tulsa Legal Department 175 E. 2nd St, Suite 685 Tulsa, OK 74103 T: 918-596-7740 F: 918-596-9700 E: hmartin@cityoftulsa.org <mailto:hmartin@cityoftulsa.org> <https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityof tulsa.org%2F&data=04%7C01%7Casisemore%40brokenarrowok.gov%7Cf2a630a45b6640de 240708da21581d43%7Ccfb7749349594a57b52c45ee2fbff997%7C1%7C1%7C63785895959451 0938%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1 haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bxYyRN%2FfhdfJyf98Ye%2Bp01%2BogAU9yHfbHtg40 Dimwe4%3D&reserved=0> www.cityoftulsa.org NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Phillip Morton <mortonlawoffice@gmail.com <mailto:mortonlawoffice@gmail.com> > Sent: Monday, April 18, 2022 10:36 AM To: oama@lists.imla.org <mailto:oama@lists.imla.org> Subject: [Oama] Hooper decision Hooper v City of Tulsa Decided 4/13/22 Northern District of Oklahoma So to make sure I understand. If the municipality was incorporated prior to statehood, then McGirt does not apply and Indians can be prosecuted for municipal violations even if the municipality lies within "Indian Country". If the municipality was incorporated after statehood, and the municipality falls within "Indian Country" then McGirt does apply. Phillip N. Morton, J.D. P.O. 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