A history of the state of Oklahoma, Volume I, Part 37

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

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By and by Congress passed an act (May 14, 1890) appointing a commission to en- ter, plat and deed the lots in these town- sites, but when that commission arrived on the ground they found so many buildings up, that they deemed it unwise to disturb these crooked surveys, and hence they re- main with us to this day.

The Seminoles made another mistake, and made their plat too long east and west, so that it reached beyond the half section line, which is in the middle of Walker street, and got Walker street too far west and over on to what afterwards proved to be the "Higgen's Homestead." The Citi- zens' survey and the Texas survey got Walker street in the right place, and in as much as the Citizens' survey stopped at

Grand avenue, it left Walker street clear outside of the city, from Grand avenue north to Fourth street. From there north, one-half of Walker street was given to the claim-holders lying along its west side, hence the north part of Walker street is very narrow from Third up to Tenth street.

As to the land west of Walker street, the Rock Island Railroad, formerly called the Choctaw, and the Frisco Railroad, were all located and owned their land before that part of the city lying west of the old city limits was platted at all, and these com- panies would permit no cross streets, save and except at the points where they are now located, and this is also true of the north and south streets east of the Santa Fe, and there are only such streets there as the railroad company would permit, and this was afterwards assented to by the city council.

One Frank Dale owned forty acres of the land lying north of the Gault addition, and in as much as the Santa Fe Railroad does not run due north, but bears a little to the east, Broadway, at the point named, was so far from the Santa Fe, that it made a very long block between Broadway, ex- tended north, and the Santa Fe, and there- upon Dale divided Broadway, and bent it round to the west, and put another north and south street between it and the Santa Fe. The north line of Dale's land was at Thirteenth street, and the parties owning the land north of Dale's, expecting Broad- way to come straight north, laid Broadway through their land, just where it would have been, if Dale had not bent it to the west, and hence that jog on Thirteenth and Broadway.

The foregoing accounts for all the ma- terial jogs and crooks in the streets of Okla- homa City.

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III.

In response to a request for an explana- tion of the causes, and for a detail of the facts which led to what was known as the Seminole and Kickapoo wars in Oklahoma City, I will refer, without repeating, to much that has been said about the location and platting of Oklahoma City, and refer to the law of Kansas, which permitted peo- ple in that state to procure government townsites, lay them out and sell the lots at a profit. The Seminole Townsite and Im- provement Company had, before the open- ing of these unassigned lands for settle- ment, taken out a charter as a corporation, in Kansas, for the purpose of laying out and selling townsites, and had come to Oklahoma City, and were on the Santa Fe Railroad right-of-way, and at noon rushed in and seized that part of Oklahoma City, bounded on the east by the Santa Fe Rail- road track, on the south by Reno avenue, and on the west by the line in the middle of Walker street, and on the north by what is now Tenth street, but were prevented by Gault's homestead entry, from holding farther north than Seventh street.

In about an hour and a half or two hours, thousands of people rushed in from the outside, and heavily loaded trains brought settlers, and they all rushed on to these townsite lands, which was then just a patch of prairie grass, and as they did not know the Seminoles by personal acquaintance, they ran all over the ground and for a quarter of a mile outside of it, settled upon and staked everything in sight, and in every conceivable shape.

For the first two or three days, the way of taking a lot was to drive a stake in it with the name of the claimant written there- on, and this was called "staking lots," and the persons who did it were called "stak-

ers." This, to a great extent, thwarted the plans of the Seminoles.

As before stated, the Colony Crowd had held an election on the afternoon of April 22d, and elected a full set of city officers, one Mr. Murray being elected mayor, but it was the misfortune of the Colony Crowd that Mr. Murray was a very meek, reason- able and just man, and in no sense a boomer.

Under the leadership of this Colony Crowd, what was known as the Citizens' survey was made, the streets located, claims to lots adjusted from Reno avenue up to the lots on the north side of Grand avenue, and there their work was stopped, as here- inbefore stated. As a means of carrying out their original design, men, then un- known to the settlers, but who afterwards proved to be Seminoles, called a Citizens' meeting to appoint a committee to nomi- nate city officers, and to act until an elec- tion could be had. At this meeting, per- sons who afterwards proved to be Sem- inoles, nominated one officer after another, and as the Seminoles thoroughly knew each other, and were unknown to the other set- tlers, their slate went through without a single objection. The day for election was set for about three or four days later. Be- fore those three or four days expired, stories began to leak out about the Sem- inoles, and another Citizens' meeting was called to nominate a ticket opposed to the Seminoles. The Seminoles crowded it, yelled and hooted, and kept up such a con- fusion that nothing could be done, and hence a Citizens' committee was appointed to nominate a ticket for city officers, op- posed to the Seminoles, which was done. The Seminoles nominated Hon. A. C. Scott, who has so long been president of our Agricultural College, for city or police

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judge, while the Citizens nominated one O. a rushing business, as everybody was anx- H. Violet for the same office. The election ious to help the town along. was held on the day appointed, and all voted who so desired, and voted as many times as they wished. Women voted and boasted of it as the first time that they were permitted to exercise the rights of freedom, and people all about the country, whoever happened to come in, also voted.

The Seminoles, fortunately for them, had both of the election boards, there being two polling places. What the real tally of the votes was nobody knows; sufficient to say, however, that they proclaimed a handsome victory for the Seminole ticket, except A. C. Scott, and he was overwhelmingly de- feated, and the Citizens' nominee, O. H. Violet, elected by a large majority.

The city council so elected was duly or- ganized, and their very first act was to pro- vide for the Seminole Company to sell certificates to lots, which was followed aft- erwards by ordinances, as they called them, to remove settlers from lots who were not holding those certificates.

These certificates were started at the price of twenty-five dollars per lot. This of course brought on a storm, and a change was made, providing that certificates should be sold, and some were sold as low as two dollars per lot, and others and most of them for four dollars per lot, but the twenty- five dollar Seminole certificate was always to be valid under their ordinance.

This change further provided that these certificates should be issued by the city, and one Blackburn, as recorder, was to issue them and collect the fees. It was held out that the money obtained from these certificates was to be used to grade the streets and otherwise improve the city. This recorder fixed himself up an office, with wooden bars in front, much the same as a bank, and for some two or three weeks did

The city council soon provided by their so-called ordinances, for the trial of rights of settlers to lots, in the police court, and the result showed that they had made no mistake in their purposes in defeating A. C. Scott, and electing O. H. Violet police judge. Ledru Guthrie was elected city at- torney. Next step, the Seminoles erected a jail, just where the city jail now stands. It was constructed by spiking two-by-four timbers, flatwise on top of each other, until a little higher than a man's head, and then putting a roof on it, and placing therein little barred windows.

They enacted an ordinance, making the lot certificates conclusive evidence that the holder of the certificates was the rightful owner and occupant of the lot described in that certificate.

The next thing, they required that an applicant for a certificate should file an affidavit that he was the original staker and the rightful owner of the lot on which he asked a certificate. These Seminoles thoroughly understood that the whole thing was a farce, and that the recorder had no power to administer an oath, and that any person could swear to as many affidavits as he pleased, and would not be guilty of perjury, and the result of all this was, that scores of persons took out certificates on lots, already occupied and settled upon by other persons, not knowing what was going on, and as a further result every Seminole and ever sooner was armed with these cer- tificates, for as many lots as he cared to buy.

The reader will bear in mind that at that time there was no law in the Indian Ter- ritory, except the laws of the United States, and they had no application whatever to city and town governments, and there was

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no means of collecting debts, and no courts in the country, except one United States court, at Muskogee, nearly two hundred miles away and then over three hundred miles by rail.

Under these conditions, this so-called police court was the only court in the whole country, and from it there was no appeal, because there was no court to ap- peal to, so there was only one of two things to do, and that was for the settler "To grin and bear" the actions and decision of this police court, or seek redress by some other means.

In addition to all this, the so-called city government levied all kinds of occupation taxes, and largely collected them, and is- sued licenses to gamblers, bawdy houses, and any and every thing that came along that would turn a dollar into the city treas- ury. These licenses to gamblers, fakirs, and bawdy houses were given as receipts for fines, which were levied only at intervals of about once a week. This city council also granted franchises to Seminoles and their friends for street railroads, electric light lines, water works and telephone lines, to run for twenty years, and with absolute power to control these grants, as might best suit the companies to whom they were granted. These franchises were granted so as to have something to sell, but no one could be found who would invest money in such enterprises, and the so-called grants of franchises were laughed at by all men of means, and were never built upon.

Soon the people began to observe that the money thus taken was not going to any public purpose. This of course caused further dissatisfaction. Soon prosecutions were commenced in the police court, against persons who were on lots without certifi- cates, and people were arrested by scores for this so-called offense.

It was well known that the city organi- zation was wholly and entirely illegal, and that these certificates were wholly without law. This arresting of so many persons, who knew that they were rightfully on the lots occupied by them, simply fanned things to a fever heat, and indignation meetings were held, and fiery and earnest speeches made.

The Seminoles dubbed these fellows "Kickers." At one of the public meetings, a wag yelled out, "The Seminoles call us 'kickers'; they are Seminole Indians, and by God, I'm a Kickapoo." This raised a roar of laughter, and at once the name Kickapoo was adopted, and an organization was effected, known as the Kickapoos, and Dr. Beale, of Cynthiana, Kentucky, was elected its chief and a band of advisory "sachems" was also chosen, and public meet- ings began to be held very frequently upon the streets. All of these meetings were con- stantly attended by soldiers in arms, under the command of Captain Stiles, and when the Kickapoo council met, it nearly always found two or three soldiers standing guard around. The result of all this was, that the police court was so full of cases on these lot certificates, that it was absolutely impos- sible to try them all.

Soon people began to be convicted in the police court in large numbers, and were sent to jail until the jail (before spoken of) was crowded so full that there was not room for another man. In hot days this jail was almost suffocating. That old jail is still standing, back of the city jail, and is now used as a cook house.

When these trials were first begun, the court would grant to the defense the right of trial by jury, providing the defendant would put up twelve dollars as jury fees, but the juries got to acquitting the fellows who were charged with being on lots with-

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out certificates, where the testimony showed that they were the first and rightful settlers upon the lots.

This led to the abolition of the right of trial by jury, and all jury trials were there- after denied. I will give a few specific instances which will well illustrate the pro- ceedings in that court.

One McGowan was charged with being on a lot to which another man held the cer- tificate. He demanded a jury trial and paid his twelve dollar jury fee. The proof showed that he had settled on the lot, had his tent thereon and was living there, but another man had got the certificate, and that McGowan was arrested for being on that lot without a certificate. It was further shown, that the holder of the certificate had never been upon the lot in any manner, and the jury promptly acquitted McGowan. The police judge kept the twelve dollars and gave the jurors, who were six in num- ber, one dollar each-what became of the other six dollars we never knew. In a few days this same McGowan was again ar- rested for the same offense, on a motion by the city attorney for a new trial. The court promptly decided that the verdict was wrong, and set the acquittal aside. The at- torney for McGowan, whose utterances were not at that moment those of a Sun- day-school teacher, was by the court in- formed, with a wise look, that, "Thith is a thumary proceeding." I might add that the police judge lisped a good deal, but he always had his nerve with him. The city attorney then held aloft one of these town- site certificates, and demanded that "The law be enforced." The whole former ac- quittal was set aside, and the defendant was, by the judge, declared guilty. The defendant demanded a jury, and offered twelve dollars more, but the jury was promptly denied, and he was ordered tc

jail, and while in jail his tent was torn off, and the lot given to the holder of the cer- tificate, and the defendant in consideration of being liberated, agreed to, and did leave, the town.

The Seminoles were there in the court- room, in the guise of what they called court officers, all well armed, and with bright leather belts on. This was in the afternoon. There were a few of the Kickapoos present in court, and they broke right out and cursed the court and the Seminoles and everything in the court-room.

Another man was on a lot with a frame building on it, peacefully, and disturbing no one. He was arrested for being on that lot without a certificate. The court was so crowded that his case was continued for about two weeks. He came to the writer to act as his attorney. We applied to the United States district judge at Muskogee, for a writ of habeas corpus, that being the only court available. Captain Couch was then mayor of the city. We made this ap- plication the next day after the man was first arrested. In about two or three days, the man came running to me in a great hurry, and said his case was to come on that morning, that he had been arrested again, and had to be ready for trial. We went to the police court, urged delay, and argued for time and all that; the city at- torney said that he demanded that that case be advanced on the docket and be tried at once, which was done; the townsite cer- tificate was exhibited, and all other evidence refused and denied, and the fellow prompt- ly convicted by the court, and inside of an

hour he was in jail, and everything he had on his lot was taken from him. That same afternoon he was let out of jail, but his lot was then gone. At that time, Mr. Harvey, afterwards a delegate to Congress, was here, and called me to his office, and

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Couch, the Seminole mayor, was there and At the time that was a slough, with water wanted to know of me, in case he let the fellow out of jail, whether I would advise him to behave himself.

I observed Mr. Couch hand a letter to Mr. Harvey, and the date on it showed that it had been received at Oklahoma City the evening before. Harvey pulled the letter out, and it was an order from the judge at Muskogee to release that man, and mailed in an envelope directed to the mayor of Oklahoma City, and consequently Couch got it. The next morning the fellow was called into court in the hurried manner I have heretofore described, convicted, im- prisoned, and his lot taken from him, after this court order had been received, and after the lot was thus taken from him, he was turned out of jail in obedience to that order. The sight of this order very clearly explained to me the cause for the great hurry in trying the man, and that it was to get him off the lot at once and then obey the order.

A woman was convicted for being upon a lot without a certificate, and the police court order was issued for her removal, and the city marshal called upon James Geary to assist him in the execution of the writ. Geary, as I suppose, thinking he was bound to obey, assisted in the removal. The woman was badly injured in this action, and sued Mr. Geary in the court at Mus- kogee for damages, and got judgment against him for five thousand dollars. Mr. Geary was an enterprising real estate man, and afterward really owned a large interest in Maywood, in the name of his wife, and that judgment explains why the name of Mrs. Geary appears in nearly all the ab- stracts to property in Maywood addition to Oklahoma City.

Another man had the lot on the south- west corner of Main and Robinson streets.

in it, and the man had on it a little res- taurant, set up on posts, so as to keep out of the water. The lot was claimed by one Woodruf, an admitted sooner, and not qual- ified to hold the lot, and at last never did hold it, and also lost a claim on which he had a homestead entry. He obtained one of these city certificates, and had in the police court a judgment for the removal of this restaurant man.

The marshal, armed with this writ from the police court, carried the man out, and also his wife, who was so sick that she had to be carried out on a bed, and tore the house down and put the holder of the cer- tificate in possession. This man afterwards got a heavy judgment against the city mar- shal for damages, which could never be col- lected, and yet stands in the district court of Oklahoma county.

An old man who occupied the lot where the five-story Lee building now stands was beaten almost to insensibility in order to get him off and to deliver the lot to a Sem- inole.

Another man held a lot that was after- wards under the Lee Hotel. He got a chance to sell and sold it for three hundred dollars, and started to leave the town, and got to the depot. It was claimed by the Seminoles that he was holding a lot for one of them, and they followed the fellow to the depot, with some soldiers, and took the money from him by force.

Another man, who was here, and determ- ined to stick to his rights and to his lot, would not submit, and was carried by the soldiers out of town, and down into the Kickapoo country, about thirty miles away, and there turned loose. He walked back and afterwards won his lots. He had the grit.

These are given only as a few of the in-

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stances, but they show so well the proceed- ings and conduct of that city government and police court.

While all these proceedings were going on, there was of course much excitement over the matter. The Kickapoos were hold- ing meetings which were attended by crowds reaching into the thousands, but they always counseled obedience to law, and proceedings in other channels to stop this city government.

One of the plans determined upon by the Kickapoo council, was to prepare a city charter, which should define and fix and de- termine the powers of the city government.

This was prepared, and deprived the city government of all power over lots and of the power to determine the rightful owner- ship thereof, as that matter belonged alone to the United States, and provided for a superior court, to be elected by the people, to which appeal might be taken from the police court, the object of course being to throttle the police court.

This charter was published in the papers of the city for about three weeks. When election day came, polls were opened on Broadway street between Main and Grand avenue and also north of Main street, and were at once surrounded by large numbers of voters, filling and blocking the streets.

All at once, under the command of Cap- tain Stiles, of the United States army, a body of troops came sweeping down the street, on full charge of bayonets, and of course scattered the voters, and knocked some of them down, and caught and impris- oned others, which of course broke up the election.

There was here at that time a United States commissioner, and warrants were sworn out before him, charging all the per-

sons who acted in opening the polls for this election with treason against the United States, a crime punishable with death. They were arrested, but put under only their own bonds, and the causes were soon after dis- missed by the United States attorney from Kansas. At that time the United States court at Wichita, Kansas, had jurisdiction to try felonies committed in the Indian Ter- ritory. These arrests were clearly an at- tempt to terrify and intimidate the Kick- apoo officials, but they had exactly the op- posite effect, and made matters far worse, and the resistance more determined and active than ever before.

When we got territorial government, Captain Stiles was sued in the territorial courts for this transaction. In all cases where these suits were brought, the courts gave instructions that the people had the right to assemble, and hold this election, and that military interference was unlaw- ful, and instructed the juries to bring ver- dicts against the parties interfering with the election, and they did so.

After this military charge was over, the clamor became so great that the Seminoles themselves put out a charter, defining the powers of the city council, and giving to the city government all the powers they desired, and ratifying all they had done. That charter was submitted to a vote, with both Seminoles and Kickapoos on every election board, and it was overwhelmingly voted down.

Soon after this, Captain Couch, the mayor, who claimed a piece of land west of town, had to move out and effect a set- tlement on his land, which rendered the mayor's office vacant. The Kickapoos nominated Dr. Beale, of Kentucky, as their candidate, and the Seminoles nominated Henry Overholser. Dr. Beale was elected,

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and pandemonium reigned in town that night. All kinds of unearthly noises, and speeches and horn blowings were the order of the night.

The soldiers were never again in town, and never afterwards in any way attempted to influence the actions of the citizens.

While all that has been before detailed was going on, Captain Stiles opened a land office in Oklahoma City, and went into the business of taking testimony, and hearing cases and finding the rights of settlers on the public lands, and when he rendered a decision, which was generally promptly done, the execution was sure and effective and consisted of a file of soldiers and a sergeant and, if need be, the settler decided against, moved off or was promptly moved off of the land.

· During all this time the Kickapoo coun- cil had been busy sending information and complaints to the authorities at Washington. This led to an investigation, and when this mayor's election took place, the department at Washington was promptly informed of the state of affairs, and Captain Stiles was ordered to close his land office, and give his attention to military duties.

Just before this mayor's election, two of the so-called councilmen of the city gave up their positions, one moved away and the other resigned, and two others were elected, by the Kickapoos by an overwhelm- ing majority, one of whom was Jack Love, now president of the Corporation Com- mission of the State of Oklahoma.

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A history of the state of Oklahoma, Volume I, Part 37

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