USA > Kansas > Labette County > History of Labette County, Kansas, and representative citizens > Part 45
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Finally, in 1871, the Settlers' Association having employed Judge Lawrence, it was hoped to get a final decision in their favor. On an appeal taken from the decision of the Hum- boldt land office the question of the rights of
the settlers and of the railroads was fully ar- gued, first before Hon. William Drummond, Commissioner of the General Land Office, and then, on an appeal from his decision, before Hon. Columbus Delano, Secretary of the In- terior, who called to his aid the Assistant Attor- ney General, Hon. W. H. Smith. The settlers' cause was argued by Hon. Wm. Lawrence, and the railroads' claims were presented by B. R. Curtis.
On January 26, 1872, Secretary Delano an- nounced his decision, fully sustaining the rail- road companies' claims, and in support of his conclusion said : "If I were in doubt about it, yet in view of the former decision of my predecessor, Secretary Browning, in favor of the validity of the grants, and the refusal of Secretary Cox to reverse that decision, and the action of the companies under it, I should hesi- tate long before I would disturb rights acquired under that decision." He also gave the lengthy opinion of Assistant Attorney General Smith concurring in the opinion he had reached. Fol- lowing this decision, on February 19, 1872, President Grant issued a patent to the M. K. & T. Ry. Co. for so much of its land as it had then selected.
THE ATTITUDE OF THE PRESS.
The positions assumed by the local press toward the settlers' cause varied at different times during the struggle. Of course differ- ent papers assumed different positions, and the same papers sometimes changed sides-at one time advising resistance to the railroad com- panies' claim, and again counseling compliance. I can only give two or three extracts to show these varied sentiments, but anyone who has any desire to see the many changes that took place can be gratified by consulting the files of
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the various papers of the two counties. On January 27, 1870, the Osage Mission Journal says: "We think it would be folly for the set- tlers to spend their time and money in trying to beat the railroads out of their lands at this late day." In its issue of February 7, 1872, the Chetopa Advance, after announcing the de- cision of the Secretary of the Interior in favor of the railroad companies, says: "While we could wish that the decision might have been different, we cannot say that we are disappoint- ed in the result. Without claiming to com- prehend the case fully in all its legal bearings, we have always held and expressed the opin- ion that the railroad title to the lands would be confirmed." And again, on February 21, 1872, in a leading editorial headed "Better Compromise," the same paper says: "In the contest between the railroad and the settlers on the Osage Ceded Lands, our readers will remember that we have never encouraged them in their efforts to contest the title with the railroads. We appeal to the settlers and to the railroads to let us have peace. The former cannot afford to spend any more money in futile litigation. Whatever they so spend will be taxed back upon them when the title is finally confirmed, with interest to boot." In announcing the decision of the Secretary of the Interior the Parsons Sun in its issue of February 3, 1872, says : "We are well aware that the above news will fall like a thunder-clap on many of the settlers whose expectations have been recently raised to the utmost by the fa- vorable reports and opinions from Judge Law- rence; but we have endeavored to prepare them, from time to time, to expect the worst, and we now hope that the majority will bow to the decision of the Secretary of the Interior
and immediately make the most favorable terms possible with the railroad companies."
Most of the papers in both counties, even those most entirely devoted to the settlers' cause, were somewhat wavering at times in their support. In justification of their course, the papers which counseled surrender to the rail- road companies and compromise with them, pointed out the delay and expense attending litigation even in the event of final success, and the damage that would necessarily result, not only to the contestants, but to all the settlers alike, in retarding immigration, preventing improvement, and embittering the feeling by a contest in the courts. So far as the metro- politan press had discussed the matter at all, it had been, as the settlers believed, from the standpoint of the railroad companies' position. To counteract such influence, and to give the public an understanding of their position, the Grand Council appointed a committee, of which T. P. Leech was one of the members ( the other names I have not been able to get ), to prepare an address to the public setting forth the set- tlers' cause, together with their determination to obtain a decision in the highest court of the country upon its merits, with a willingness on their part to abide by such judgment. They caused this address to be published in1 leading papers in Eastern cities, and thereby brought their cause into more prominence than it had hitherto attained.
SETTLERS' PROTECTIVE ASSOCIA- TION.
Most of the settlers who attended the great meeting at Ladore on July 4. 1870, remained over until the 5th, when another meeting was held, to more practically discuss the rights and
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prospects of the settlers. Major H. C. Whit- ney and John Speer, who had been the prin- cipal orators of the day previous, made speeches. Major Whitney more particularly discussed the legal aspect of the matter, and advised united action on the part of the set- tlers. At the conclusion of the address the fol- lowing was unanimously adopted by the set- tlers :
"Il'hercas, By a treaty with the Osages, proclaimed in January, 1867, it was provided that the lands since known as the Osage Ceded Lands should be sold for cash, which treaty the Commissioner of the General Land Office authoritatively decided did not vest any title to lands therein in land monopolies ; and where- as, a joint resolution of April 10, 1869, pro- vided for the sale of all said lands to actual settlers at $1.25 per acre; and whereas, said treaty and decision of the Commissioner of the General Land Office and joint resolutions have been set at naught by a mere arbitrary ruling of a late secretary, made upon an er parte appli- cation of the land monopolies, and based upon a mistaken precedent ; and whereas, our right to our homes and our all is menaced by said monopolies ; now, therefore, be it
"Resolved, That we will contest for our titles under the joint resolution aforesaid to the extreme limit of the law; and to secure this end we will organize thoroughly and with discipline so as to bring the entire material and moral force of the whole array of settlers to bear throughout the whole contest.
"Resolved, That the settlers are hereby solemnly warned not to squander their means in the attempted purchase of an illegal and void monopoly title to their homes, which title must sooner or later be overthrown; but they each and all are earnestly entreated to join the set- tlers' organization and obtain a title direct from
the General Government, which shall be cheap, staunch, and unmistakable.
"Resolved, That we hereby appoint the fol- lowing temporary executive committee, viz. : Col. W. H. Carpenter, George T. Walton, Wm. S. Irwin, Lewis A. Reese, Van Henderletter, Peter Collins, M. H. Sheldon, A. S. Spaulding, and J. M. Richardson ; and they are hereby requested to form and promulgate to the set- tlers for their consideration, a plan of per- manent executive committee; to adopt such measures as may be essential to promote the interests of the settlers ; and that said executive committee is requested to prepare an address to the settlers, and to publish the same imme- diately.
"Resolved, That the settlers are hereby re- quested immediately to assemble in neighbor- hood meetings, each neighborhood to select a good and true man competent to serve as a member of the permanent executive committee. The executive committee are requested to select from said list nine members, in such man- ner as that all localities on the Ceded Lands shall be represented, and said selections shall be the permanent executive committee for one year from the date of organization.
"Resolved, That from this time henceforth we mean business, and upon our efforts to save our homes we invoke the just consideration of all true men and the gracious favor of Al- mighty God."
The committee appointed by the foregoing resolutions at once took steps to perfect the or- ganization, and W. S. Irwin was elected its president. On October 15, 1870, a charter for the purpose of incorporating the "Settlers' Pro- tective Association of the Osage Ceded Lands" was prepared, and signed by William Irwin, David C. Hutchinson, George W. McMillen, J. M. Richardson, and others, which was filed
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in the office of the Secretary of State October 1, 1870. The charter states the object of the corporation as follows : "The purpose for which this corporation is formed is the pro- motion of immigration to said lands, and the legal investigation and proper adjustment of the title thereto." In the fall of 1870 subor- dinate councils were organized in nearly every part of the two counties.
The first regular meeting of the Grand Council after its formal organization was held at the town of Labette, on December 17, 1870. At this meeting the following officers were elected for the ensuing year : President, J. J. Woods; secretary, Samuel R. Luke ; executive committee, D. C. Hutchinson, G. W. McMillen. J. J. Woods, A. J. Campbell, J. B. Swart, J. C. Bundy, J. M. Gaston, M. H. Sheldon, James Martin. D. C. Hutchinson and G. W. McMil- len were appointed financial agents, and direct- ed to canvass both counties for funds. Early in January, 1871, the executive committee published a long and carefully prepared ad- dress to the settlers, setting forth the necessity for. their standing together and contributing of their means to a common fund in order to reach an end by all alike desired; it set forth that Major Whitney had been employed as at- torney to conduct a contested case through the court, and that the case of J. M. Richardson against the railroad company had been insti- tuted for the purpose of contesting the question of title.
The association proceeded to spread itself over the two counties, and to do much good work in the shape of enlisting the settlers in the united action for their homes. As the work progressed it became evident that a knowledge of their action on the part of the public inter- fered with the accomplishment of their plans, and so it was decided to form a secret organiza-
tion retaining the main features of the old asso- ciation, but adding to it a secret obligation and some ritualistic work. Of the introduction of this feature into the association, I will let those speak who were connected with it. Hon. T. P. Leech, of Thayer, writes me as follows :
"My individual experience and knowledge of the facts connected with the Osage Ceded Lands contest involved in the history and tran- sactions of the Settlers' Protective Association began in 1871, when William Dick (well known and recognized all over the Ceded Lands as 'Father Dick') organized a subordinate council of the S. P. A. of O. C. L., in the school-house near my place. He informed us that there had been a number of old settlers' meetings held at different places on the Ceded Lands in the past. for the purpose of organiz- ing a legal contest with the railroad companies to test the validity of their claim to these lands, but that the work had been openly and volun- tarily done, and only a portion of the old set- tlers had taken interest in the matter ; and that at a meeting held at Ladore-earlier known as Fort Roach-it had been decided to regularly organize (as a secret organization) the Osage Ceded Land Settlers' Protective Association, and enlist, if possible, all those whose homes were involved in the controversy, and all others who were in sympathy with them. Many sub- ordinate councils had been formed before our neighborhood had been reached, and the work of organization was going on rapidly. And so Father Dick read to us the printed declara- tion of purposes, the constitution and by-laws that were to govern the association; and as it was clearly set forth that the purpose was to secure concerted action in making the strong- est possible legal contest for our rights, I cast my lot with my neighbors (although my indi- vidual home was not in controversy, and
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neither was Father Dick's), and I shall probab- ly never forget the concluding paragraph of the obligation given us by Father Dick in his most impressive manner, and which was re- peated by all the candidates, as follows :
".All of this I most solemnly and sincerely promise and swear that I will keep and per- form, without any equivocation or mental reservation whatever ; binding myself under no less a penalty than that of having a rope looped round my neck and I be swung in the air till life become extinct. So help me God, and keep me steadfast.'"
The following letter will give further in- formation on this same subject :
"PARSONS, KANS., Sept. 1. 1892.
"Hon. Nelson Case, Oswego, Kas .- DEAR SIR: In response to your request for the facts relative to the secret organization of the Set- tlers' Protective Association, I submit the fol- lowing, which is of course but a brief state- ment of what might be indefinitely enlarged :
"The open organization, which had been in existence some time, proved very unsatis- factory in its working, and a few of us became satisfied that our purposes could only be ac- complished through a secret organization. It was feared that some parties, such as the Cath- olics, Dunkards, Quakers, and United Breth- ren, would not go into a secret organization ; but others argued that for the purposes con- templated all these parties could be expected to unite. The first actual steps taken toward forming the secret organization were at my house, about the first of October, 1871. My father. William Dick, and I had been to a meet- ing at the Catalpa school-house, in Neosho county, the proceedings of which convinced us that something must be done to bring matters more completely under the control of those really in earnest in the settlers' interest. We
counseled with T. B. Smith and D. D. Lind- sey, and all met at my house. We were all members of the Masonic order, and agreed to organize a Secret Settlers' Protective Associa- tion. I was to draw the constitution and by- laws, and father was to prepare the oath, and we were to meet at my house the next evening to initiate the work. We four met there as agreed ; the constitution, by-laws and oath were laid on a small table, the four surrounding it with our left hands on the instruments and our right hands raised; father recited the oath, the others repeating it over after him. And then Mr. Lindsey recited the oath to father, and he repeated it after him. During the whole history of the organization the oath remained the same as it was then written and used, and was never by authority put in print. Before parting it was agreed that each person present should select one person whom he could trust, and bring with him the following evening to father's house. The four selected were W. A. Starr, Wm. Findley, J. B. Swart and James McMains. At the time appointed the eight met, and the four new members were initiated in the same manner as the first had been. It was again agreed that each one pres- ent should select one and bring with him the following night at the same place ; these eight were initiated. This meeting lasted until near- ly morning ; the general work was mapped out, its difficulties and dangers discussed, and what was hoped to be accomplished was talked over. Before starting away it was arranged to hold the next meeting at Carpenter's school-house, in District No. 30, and that each party present should select two persons to bring with him at that meeting. The next meeting was to be held a week later, each one present to bring an additional person with him. When we came together, in addition to the forty-eight new
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members who were to be selected by those who had already been initiated, there were four who came along, having learned that some- thing was to be done, and who were received along with the others, making just one hun- dred present at this meeting. It was now de- termined to form a permanent organization, and elect officers. The following were elected : Chief counselor, William Dick ; vice-counselor, J. B. Swart; secretary, J. H. McGheehen ; treasurer, Jas. McMains. By the first of No- vember the organization had grown so un- wieldy that it was determined to form auxiliary councils. The first one was organized in the southeast corner of Wilson county; another soon after, at what was then called the Mc- Cormick school-house, in District No. 19, in La- bette county ; another one at the Shiloh school- house, in Neosho county ; and others later at other points. Parties came for a distance of 20 miles to be initiated and learn the particulars of the organization. Dr. G. W. McMillen, of Ne- osho county, having been initiated, was, with Father Dick, appointed to organize new councils. About the first of January, 1872, delegates from all the secret councils met at Hughes' hall, in Parsons, and organized a grand council. The following officers were elected: Grand chief counselor, Dr. G. W. McMillen ; grand vice-counselor, J. B. Swart ; grand chief sec- retary, M. H. Sheldon ; grand chief treasurer, William Dick. An executive committee of five was also elected. The work thus organized went on until the cause for which it was formed had completely triumphed.
"Yours truly, L. F. DICK."
At the close of 1872 Hon. M. J. Salter, of Thayer, was elected Grand Chief Counselor, which position he held most if not all the time until the final decision of the Supreme Court, and until the close of the work of the associa-
tion. Mr. Sheldon likewise remained Grand Sec- retary and William Dick Grand Treasurer dur- ing the entire time. Among those who were 011 the executive committee and did good work were T. P. Leech, J. B. Swart and G. W. McMillen. To mention all who were prominently con- nected with it would be to extend this account to a greater length than could be given in this work. The executive committee held monthly meetings, and sometimes met more frequently, and the Grand Council met as often as once a year, and it was sometimes called together on special occasions. Unfaltering interest was maintained until the accomplishment of the purpose for which the association was or- ganized.
CONSTITUTION OF THE ASSOCIA- TION.
The constitution of the association and the rules by which it was governed were some- what of a growth. The following were the main provisions as finally adopted and as they were in use for several years :
" PREAMBLE OF THE S. P. A .- In consequence of an adverse claim to the settlers upon the Osage Ceded Lands, held by the Leavenworth, Lawrence & Galveston Railroad Company, the Missouri, Kansas & Texas Rail- way Company; and as it is generally believed that this claim cannot be established by law, as it is based upon fraud and misinterpretation of the treaty and the act of Congress, and in conflict with the policy of the Govern- ment. This claim being wrong, and injurious to the set- tlers upon these lands, who came here by the invitation of the Government and by the solicitation of the press of the State, setting forth the fact that the lands were opened for settlement by the Government, for the indus- trions citizens of the United States, and upon this repre- sentation and in good faith the people have settled upon these lands, and by toil and privation have made valu- able improvements and homes for the support of their wives and little ones. When these lands became valuable by the improvements placed upon them by the industry and intelligence of the settlers, these companies did set
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up their claim, and have attempted to dispose of by sale, these lands together with the improvements, compelling in some cases the settler to purchase his own labor to prevent so great and sad a calamity as that of having his family driven beggars from the home they had by toil and privation made:
"Now in view of all these wrongs, and many others not herein mentioned, we, the settlers upon the Osage Ceded Lands in Kansas, do organize ourselves into a select organization to be known as the S. B. of the S. P. A., for the purpose of protecting ourselves and to test these claims of these railway companies in the highest courts of our country.
"We therefore enter into the foregoing agreement, and pledge our honor to stand to and abide by the follow- ing constitution, rules and by-laws of the association:
"ARTICLE I .- Title .- This organization shall be known by the name, style and title of the Secret Brother- hood of the Settlers' Protective Association of the Osage Ceded Lands in Kansas, and the initials S. B. S. P. A. O. C. L. shall represent the name of the organization.
"ARTICLE II .- Objects .- The objects to be accom- plished by this organization are as follows:
"Ist. To strengthen, harmonize and preserve the feelings of the settlers upon the Osage Ceded Lands.
"2d. To make these feelings efficient in litigating and contesting our rights as actual settlers in legal trib- unals of our country.
"3d. For the protection and assistance of all such settlers whose rights are invaded by monopolies and cor- porations.
"4th. To establish and secure the rights of the set- tlers on the Osage Ceded Lands by all legal, moral, social means in control.
"5th. To extend the hand of charity and brotherly love to all the honest and industrious laboring classes, and to assist them by our counsel and honest means in secur- ing honesty in our Government, integrity in our people, and placing the honest labor of our country on a more equal footing, mentally, morally and socially.
"6th. To resist all encroachments of monopoly and pampered aristocracy, when and wherever found, to demand that honest labor shall be respected and pro- tected all over the United States.
"ARTICLE I11 .- Organization .- The several consti- tuted bodies of this association shall consist of-
" Ist. District organizations, to be known as the S. P. A. Council No .- , of County, of the State of Kansas.
"22nd. The general organization be known as the Grand Council of the S. B. S. P. A. of the O. C. L. in K. N. A., page 5."
[ Provision was made by Article IV for settlers and those sympathizing with them to become members of the
association. Article V provided for the election of mem- bers, and Article VI for the impeachment of members.]
"ARTICLE VII. - Officers .- Ist. The officers of each Council shall be a Chief Counselor, a Senior Vice-Coun- selor, a Junior Vice-Counselor, a Secretary, a Treasurer, a Chief Marshal, a Junior Marshal, who shall be elected by the members semi-annually.
"2d. The officers of the Grand Council shall be a Grand Chief Counsellor, Grand Senior and Grand Junior Counselor, Grand Chief, Grand Senior and Grand Junior Marshal, Secretary and Treasurer, who shall be elected by the members of the Grand Council semi-annually.
"3d. The members of the Grand Council shall con- sist of the representatives from each sub-council elected by the members of the subordinate Council to represent them in the Grand Council."
[Article VIII provided for the duties of the respective officers, and Article 1X for the times of meeting.]
"ARTICLE X .-- Secrecy .- 1st. The proceedings of the Council shall be kept a secret.
"2d. Any member who shall divulge any of the secrets shall suffer the penalty of his obligation, or such punishment as the court in his wisdom shall direct."
[Article XI provided for the fees; Article XII for the collection of arrearages; Article XIII for reports; Article XIV for charters to subordinate Councils; Article XV for the election of officers; Article XVI for representation in the Grand Council; Article XVII for by-laws; and Article XVIII for amendments.]
LEGAL MEASURES.
As soon as the settlers decided on contest- ing their rights in court they employed Ma- jor H. C. Whitney, of Humboldt, as their at- torney. Under his advice a suit was brought in the District Court for Labette county, in the name of James M. Richardson against the M. K. & T. Ry. Co., in October, 1870, to ob- tain an adjudication of the rights of the set- tlers who had been refused entry at the land office to their lands. Some were not satisfied with Mr. Whitney's management of the set- tlers' matters, and in February, 1871, he with- drew as their attorney. Messrs. McComas & McKeighan, of Fort Scott, were then employed by the settlers. The suit first begun was dis- missed because of some informality in its com-
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