“To avert the calamity threatening the Indians, Mr. Mott bent all of his energies to securing an amendment of the law, extending the restrictions against the sale of all Indians’ land. In the face of strong opposition he failed to secure an extension as to mixed-bloods, but Congress was prevailed upon to pass a measure extending until 1931 the restrictions against the sale of all lands of full-blood Indians except under the supervision of the Secretary of the Interior. This was part of an act of April 26, 1906, entitled ‘An Act for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes,’ which was framed to adjust conditions for the inauguration of the new State of Oklahoma, then practically assured. “The section of the Act extending restrictions was known as the McCumber amendment. In urging its passage Senator McCumber read to the Senate an argument by Mr. Mott in which he made the statement that within thirty days after the Act of April 21, 1904, became effective, not ten per cent of the land made salable by that act remained in the hands of the allottees, and within sixty days not ten per cent of the allottees who had sold possessed a dollar to show for the heritage so improvidently disposed of. Senator McCumber and Senator Teller expressed doubt of the constitutionality of the amendment, but impressed by the necessities of the situation solved the doubt in favor of the Indians by voting for its enactment. The wisdom of this measure was vindicated and its constitutionality was established by the United States Supreme Court on May 15, 1911, in the Marchie Tiger case, reported in 221 U. S. Supreme Court Reports, page 738. “This suit grew out of the fact that after August 8, 1907, conveyances were taken from full-blood Creek Indians on the theory that the McCumber amendment could not prevent it, in that Congress had not the power and had not intended to extend the restrictions to land so purchased. On the advice of Mr. Mott the Council of the Creek Nation made an appropriation for the purpose of testing this contention and authorized the employment of Mr. W. L. Sturdevant of St. Louis, who was retained by Mr. Mott, with the concurrence of the Interior Department, to aid in establishing in the courts the binding force of the McCumber amendment.