A history of the state of Oklahoma, Volume I, Part 34

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645

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tempore to act as mayor in his (the mayor's) absence.

Councilman Sidney Clarke was appointed as such temporary mayor. Motion prevailed un- animously to adjourn, pending the preparation of the organic act, until 4 o'clock p. m.

JOHN A. BLACKBURN, City Recorder.

'Sen. Ex. Doc. No. 72, 51st Cong., 1st Sess.

'Senate Ex. Doc. No. 72, 51st. Cong., 1st Ses- sion.

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Major Sanger in his report explains why the use of the military authority became necessary, in the character of the popula- tion that thronged over the site of Okla- homa City during the first day or so. "The crowd," he says, "was composed of people from all parts of the country, and em- braced, among many honest settlers seek- ing homes, a class of dangerous lot-jump- ers, land speculators, gamblers and sharp- ers, having no interest in the city or coun- try beyond swindling the confiding and unwary, and pursuing their ordinary voca- tions as law-breakers. Of the truth of this there is ample evidence." The troops had entire charge of the city from April 22 to May 6, the United States marshals and the provisional civil authorities being un- able to manage the great concourse of peo- ple without military aid.

It has been said that the de facto gov- ernment of Oklahoma City, established soon after the opening, could not have ex- isted without the support of the military. But this admission does not confirm the as- sertion, made by some in the early days of the city, that the troops were used to establish a quasi-martial law over the com- munity, or that the influence of the civil authorities with the local commanding offi- cers was unduly exercised to override the popular will. So far as the federal govern- ment interfered in local affairs, through its

" July 15, 1889, the following dispatch was sent to the commander of the troops at Oklahoma City: "The commanding general directs that, in any matter of violence directed against the city government of Oklahoma, with a view to its overthrow, you will use the troops in the main- tenance of peace.

"This order applies to any disorders growing out of the efforts of the civil authorities of Okla- homa to suppress measures tending to the de- struction of the city government.

"In other matters the general course thereto- fore pursued is approved and will be vigorously persisted in. This especially applies to the sup-

military arm, it was compelled to recognize the civil government established by regular and peaceable means. Furthermore, it ap- pears that every time the troops were used to maintain order in the city, the local offi- cers received instructions from their de- partment commanders, and therefore could not be accused of discriminating in favor of one or the other faction.10

Concerning the division of public senti- ment in Oklahoma City during its first months, Major Sanger, who looked at con- ditions from the standpoint of the army, reported, in November, 1889, as follows:

"I have sought the views of many prom- inent citizens and am not without some in- formation as to public sentiment on this point. Those who come within any of the classes referred to by me in these reports as gamblers, liquor dealers (or as they are called here, 'boot-leggers'), lot-jump- ers and thieves, whose operations have been checked by the troops, do now, and will hereafter, unhesitatingly denounce them [the action of the troops and the estab- lished government]. They want no gov- ernment, civil or military, which they can- not control, and are now to be found in the opposition. The body of reputable citi- zens is divided into two parties which do not follow the lines of the two great par- ties of the country, but along the lines of local interests. They are distinguished by

pression of liquor traffic, and the prevention of its introduction into the territory in any form, however disguised."

July 23, this dispatch was sent to Captain For- bush, then in temporary command of the camp at Oklahoma City: "Recognition of the only civil government now in Oklahoma is approved and military force must be used if necessary in suppressing violence against it. Care should be taken, however, not to use the military force as merely a city police. Its presence in the terri- tory is to suppress violence, from whatever source it arises.

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the names of two rival townsite companies organized before the opening of Oklahoma to locate townsites and to secure town lots. They are the survivors of five such com- panies on hand at the opening, and are known as Seminoles and Kickapoos; the latter in opposition to the civil and mili- tary government. As distinguished from the Kickapoos, I believe that every promi- nent business man in Oklahoma is either neutral or on the Seminole side. They have confidence in the military and desire to retain it here, with its sphere of duties undiminished. These men are not enam- ored of the city government, but they wish no change until after Congress has acted and the titles to their lands are perfected. So evident is the purpose and so complete is the distrust of each of these parties to- wards the other, that I do not believe a change possible without serious disturb- ance. That an election, even if peaceably conducted, would remove existing diffi- culties, I can hardly believe. . . . No principle of our political system worth men- tioning, except the right to life and prop- erty, is involved at all in the troubles here, and no danger to the rights of American citizens, or the sacredness of the ballot from the use of troops, need be appre- hended. Meanwhile, the latter as a buffer between the contending mercenary fac- tions seems only likely to suffer. . . . " -

During the so-called "Seminole and Kickapoo war" (see part three of J. L. Brown's narrative) an attempt was made to limit the powers of the provisional govern- ment by submitting to the people a city charter, which, it was designed, should con- stitute a fundamental law and allow a more representative government.

When the attempt was made on July 16 to hold an election for this charter, serious trouble being apprehended, the local force

of troops was reinforced by a troop of cav- alry from Guthrie, making four companies of infantry and two troops of cavalry. A platoon of infantry was sent to town and the troops in camp were kept under arms the entire day. The infantry in town were stationed a block away from the voting places, and were not used at all, the elec- tion being prevented by the city officials. The official report of Captain Stiles says : "A number of attempts were made to cre- ate a riot by one G. W. Adams, an opposi- tion leader, but all without avail, owing to the presence of the troops. The disturb- ance continued during nearly the entire day, and the troops were not withdrawn until after sunset."

A little later, another charter election was proposed, this time by the party in control of the city government, to satisfy the grow- ing discontent on the part of many of the citizens. The charter was drawn by a com- mittee of three from the city council, three members of the board of trade, and three from the citizens' or business men's com- mittee. The mayor proclaimed the elec- tion for August 29. The result is described in the following telegram from Captain Forbush to the Department of the Mis- souri: "Vote on charter election held today in Oklahoma City was very light. For charter, 190 votes were cast; against char- ter, 516. The election was one of the most orderly I ever saw. No troops were in town, though they were held in readi- ness at camp for use if necessary to quell disturbance whenever the mayor should call for them."

September 20, the "committee of fifteen" issued a call for a charter election to be held on the following day. Speeches had been made on the streets for several days in favor of submitting a charter, and the mayor and council had been requested on

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the 19th to call an election, which the lat- ter refused to do,11 on the ground that "it would be in violation of the city ordinances in regard to such elections." This refusal caused a new outburst against the city gov- ernment, and it is said that threats were made to use force if needed to effect an election. Alarmed, Mayor Couch asked the intervention of troops to prevent the ballot- ing. Colonel Snyder sent Captain Stiles and 25 men to the city, where they assisted the mayor to suppress the election. On one side it was claimed the troops prevented riot and bloodshed, while the charter advo- cates asserted that the only breach of peace was committed by the troops in clearing the streets. Major Sanger says in his re- port of November 7: "The peaceable in- tentions now claimed are hardly compati- ble with the tone of the speeches made beforehand, the attitude of the crowd when ordered to disperse, or the resistance then offered. It has been stated to me by sev- eral reputable citizens that it was the inten- tion to kill both the mayor and Captain Stiles on this occasion, and that threats to that effect were known to have been made. Be this as it may and leaving the troops out of question, no one familiar with the facts and the character of the men concerned can doubt that a bloody riot would have fol-

" Mayor's Office, Oklahoma City, Ind. T., September 19, 1889. To the People of Oklahoma City:

Whereas [reciting the action of the people in organizing a government and adopting a charter on April 27, and by general election on May 1 constituting a regular city government];

Whereas, It has come to my knowledge that cer- tain persons calling themselves "the committee of fifteen," under the direction and control of one G. W. Adams and one J. L. Brown, are en- gaged in a lawless and seditious movement to overthrow the authority of the government afore- said, thereby threatening the peace and stability of this community, depreciating values, destroy- ing business, and rendering the rights of persons and property insecure; and,

lowed had the election been persisted in. The city officials and their supporters were as determined as their opponents and would have resisted with arms any attempt to oust them from their positions."

Captain Stiles reported: "The troops ar- rived in the city at 7:30 a. m., and at 8:30 those in opposition attempted to hold an election. The proclamation of the mayor and the order of the camp commander had previously been posted in prominent places, and the leaders of the opposition move- ment warned that no election could be held. Notwithstanding this, an attempt was made to vote. A few ballots were cast when the mayor and city marshal attempted to stop the voting. This being unsuccessful and a serious disturbance being imminent, the troops were called upon and the crowd promptly dispersed. The attempt was re- peated several times and incendiary speeches made. On each occasion the crowd-some two or three hundred-was driven back by the troops and the election prevented. Some two or three persons were slightly injured by bayonet thrusts and by being struck by the butts of the muskets, but none seriously. In about an hour the crowds had been all dispersed and order restored."

At Guthrie the organization of a provi-

Whereas, The persons calling themselves "the committee of fifteen" . have, without au- thority, assumed to call a pretended election to be held in this city on Saturday, September 21, 1889, for the purpose of carrying out their sedi- tious plans and purposes. Now, therefore,

I, W. L. Couch, mayor of Oklahoma City, Ind. T., by virtue of the obligations resting upon me to protect the city from disorder . .

do hereby request and warn all law-abiding citizens to refrain from participating in the lawless pro- ceedings aforesaid and to abstain from giving said proceedings countenance and support. I fur- ther declare it to be my unalterable purpose to suppress said lawlessness by all power at my com- mand, and I call upon all law-abiding citizens to aid me in so doing.

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. sional city government was subjected to criticism and opposition very much as in Oklahoma City, and from similar causes. The character of the council and its early proceedings were described in a report of Inspector Pickler, May 18, 1889: "The council was very irregularly chosen to be- gin with, and as the people understood, for the purpose merely of putting the machin- ery of the city in motion. The mayor was selected by a committee of seven chosen by a mass meeting, and a commit- tee of one from each state and territory first chosen to recommend what action the peo- ple should take to govern themselves, by common consent afterward became the council; something in excess of thirty, I think, at the time chosen, but now num -; bering about fifteen.

"Grave responsibilities were forced upon them, and generally, I think, they have as- sumed and settled them in a creditable manner. They have preserved order, sur- veyed the town, cleared the streets practi- cally. They have, however, assumed other powers and undertaken to act in various matters that is very . . emphatically condemned. They appointed a

board of five arbitrators on settling the right of possession to lots, some being members of the council, at $10 per day each, compelling every contestant to de- posit each $10 before his case could be heard . . . Have granted or pretended to grant a franchise for ten years to a company to supply the city with water ." and many ordinances, taxes, etc., that were considered arbitrary and oppres- sive and irregular.

Involved with the dissensions of the citi- zens of Oklahoma City in establishing a city government were the difficulties aris- ing from town lot contests. Of all the features of Oklahoma history, the subject

of townsite difficulties and homestead con- tests is the most ungrateful. For that rea- son perhaps, many who have sketched the development of Oklahoma have avoided the subject altogether, and kept the attention of the reader fixed upon the more interest- ing facts that portray the rapid growth of the territory in material and civic affairs. The homestead and townsite controversies were not an incident of progress, but the reverse; they cost the inhabitants of the country an aggregate of wealth that would have gone far to improve the contested lands permanently; they interfered with development just at the time when all ef- forts should have been directed to the cul- tivation of the fertile soil and the upbuild- ing of its towns and business resources; and they marred the narrative of what otherwise might have been the peaceful occupation and prosperous advancement of the most remarkable community in Amer- ica.

Many individual cases of disputes be- tween rival claimants for lots and home- steads have already been mentioned. Many such disputes were settled off-hand, by the persons immediately concerned. In some instances threats and intimidation won the victory, and the defeated party abandoned his claim, and sometimes withdrew from the country. Again, a determined and ag- gressive claimant held his own against ev- eryone sent to dispossess him, setting at naught all "certificates" and orders from the provisional authorities. Often, too, the rivals settled their differences by arbitra- tion, and after an interchange of money one would leave his claim and the other re- mained in peaceful possession. But, as the court records show, a great number of these contests were brought before the tribunals of law, and there fattened the purses of hundreds of lawyers and in some instances

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dragged their weary length from one court to a higher until their final settlement is a matter of recent judicial history. Without attempting to follow the various trails of this maze of litigation, it is necessary to describe the origin of the troubles, since they intimately concern the settlement of Oklahoma and the founding of many of its towns. A lengthy chapter might be written on the "sooner cases" alone, and a sum- mary of the litigation that grew out of the opening of Oklahoma would fill a volume.

In a communication, dated April 5, 1889, the commissioner of the general land office held, with reference to the entry of town- sites, that in the absence of provisions for the incorporation of towns, and the ab- sence of county courts within the Oklahoma country by which the entry might be legally certified, that the legislation of Congress in the act for opening Oklahoma was defec- tive and that it was not feasible to effect townsite entries until such supplementary legislation could be had from Congress. In the absence of such legal prerequisites for the entering of townsites, the commissioner held that "any lands actually selected as the site of a city or town, or any lands actually settled and occupied for purposes of trade and commerce and not for agricul- ture, by bona fide inhabitants, are in a state of reservation from disposal under the homestead laws . . . which will operate to preserve the claims of the inhabitants of towns from interposing adverse rights of settlers until such time as they may be enabled to secure the right title to their lots under future legislation."

At Guthrie and Oklahoma City, 320 acres proved entirely inadequate for the people who came during the first few days to occupy the townsites. At Guthrie more than two full sections were occupied and possessed for townsite purposes. This ne-

cessitated separate and distinct town or city organizations, and as a result "East Guthrie," "South Guthrie," "West Guthrie," and "Capitol Hill" came into existence around Guthrie proper.

Under the original act opening Okla- homa to settlement, the homesteader could acquire title to his home, but not so with the townsite occupants. At Guthrie and Oklahoma City buildings were erected dur- ing the first year said to have cost their owners from $15,000 to $30,000, and yet the builders were without title or security to the ground. Such was the confidence of the settlers in ultimate justice and the rule of fair play in American communities. Justly it was said: "This is a wonderful compliment to the people who have settled this new territory in the heart of the Amer- ican continent, and gives additional evi- dence of the capacity and genius of the American people to govern themselves, and in the absence of legalized government to form temporary expedients that settle con- troversies and give security to all."

This unsettled status of townsites in Oklahoma brought together, at Oklahoma City, November 19, 1889, a convention of delegates from various townsites, who drew up a memorial to Congress, signed by John T. Taylor, chairman, and Albert Reunie, secretary, in which the conditions were thus represented :12

"First. The opening of the Oklahoma country to settlement was attended by an unprecedented rush of settlers for land, one of the results of which being that nearly all lands now occupied for townsite purposes were sought to be settled by some one or more homestead claimants, who now are seeking to assert their claims thereto,

" Sen. Mis. Doc. No. 74, 51st Cong., 1st Sess. The memorial was referred, Jan. 30, 1890, to com- mittee on public lands.

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thus placing in controversy and dispute nearly all our townsite titles, and without legislative aid these townsites will in all probability be involved in litigation for years to come .

"Second. That all townsites now occu- pied in the Oklahoma country were, under the act of Congress of March 2, 1889, set- tled in pursuance of sections 2387 and 2388 of the Revised Statutes of the United States, which provide in substance that entries thereunder be made in trust by the corporate authorities of the town, or by the county judge of the county in which the townsite may be located. The absence, however, of both corporate authorities and county judges thus far in the Oklahoma country has precluded the making of en- tries under those sections, while the ab- sence of territorial government and legisla- tion renders the administration of such trusts impossible, and practically defeats the acquisition of title under the provisions of the aforesaid sections. .

"Third. We would also call attention to the fact that in several of our cities more than 320 acres in one body is now actually occupied for municipal purposes, while under the restrictions of the act of March 2, aforesaid, only 320 acres can now be entered as a townsite, thereby necessitating separate town organizations at these points."

The memorial recommended that prece- dence be given to townsite contests in the land department, that commissioners be appointed legally to enter the townsites, and that a court be established in Oklahoma to determine all contests over town lots.

At Oklahoma City, on May 14, 1889, a party of townsiters numbering some two hundred and fifty attempted to jump the claim adjoining the city on the north. Some fifty of the party were armed, and

they were opposed by eight or ten armed men on the claim; a serious conflict was averted by the troops dispersing the crowd.

On May 21 the same party of townsiters, but then numbering some five or six hun- dred, made a raid on the claim adjoining the town on the west, and staked almost the entire claim into town lots. This party was ejected by a guard of a dozen men. The next day at 10 a. m. the claim was again covered by the same townsite party, who were driven off by a company of in- fantry. At 2 p. m., the same day, a third raid was made on this claim, when the in- vaders were removed by a company of in- fantry and a troop of cavalry.

June 5, Colonel Snyder telegraphed from Oklahoma City: "There appears to be a determination to occupy the quarter sec- tion immediately west of and adjoining Oklahoma City proper for townsite pur- poses, town to be called West Oklahoma. The quarter section in question is occupied by five different homestead claimants, who refuse to treat with the townsite parties and claim our protection. The troops have been used to remove townsite parties or jumpers on three previous occasions, but a more determined effort to take possession of the land in question is about to be made." His superior officer directed him to use the troops to preserve the peace and to keep the status peaceably established by actual settlers.

At the same time the newly organized Board of Trade took a hand in this discus- sion. It is evident that the movement was one of the early features of the factional contest that later divided the city. On June 5 the board selected J. L. Brown, C. P. Walker, C. W. Price, B. N. Woodson and G. W. Adams to negotiate with the claim- ants on the southwest quarter of section 33, township 12, range 3, with a view to

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opening it for townsite purposes. This committee on June 7 addressed a communi- cation to Colonel Snyder, claiming to rep- resent, in the views set forth, "the virtually unanimous sentiment of the substantial business portion of the city."13 The inter- ference of the military could not be ob- tained, Colonel Snyder being instructed not to engage in these townsite complications further than to preserve the peace, and to allow the courts and civil authorities to set- tle the difficulties. However, a guard of three mounted men was posted on this claim to prevent further trouble, and main- tained there until September 8.

Of the difficulties involved in the rival claims of homesteader, and of the use of the troops in preventing actual violence arising from these contests, Major Sanger said (November, 1889) :

"Disputes between homestead claimants have occupied very much of the attention and time of the officers, who have been, and still are, appealed to daily for advice and assistance in . settling these contests. There is no authority short of the court at Muskogee which can determine the respec- tive rights in question, and the people are too poor to make appeals which involve

""There is at the present time a movement on foot to lay off and enter as a townsite the tract of 160 acres of land immediately adjoining the townsite of Oklahoma City on the west; this land is occupied at present by five persons, claiming the same as a homestead.

"The parties now most prominent in the effort to effect an entry of this tract for town purposes have on one or two occasions previously endeav- ored to enter upon the tract in large numbers to stake it into town lots, ignoring the claims of contesting homestead occupants, and have only been prevented by the presence of military force under Colonel Wade. They recently at a public meeting appointed a committee to wait upon the contestants to see if they could negotiate for a relinquishment of their rights, but have reported that they were unable to negotiate . . . and

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A history of the state of Oklahoma, Volume I, Part 34

Author: Hill, L. B. (Luther B.) Publication date: 1908 Publisher: Chicago : Lewis Pubishing Company Number of Pages: 645

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645