A history of the state of Oklahoma, Volume I, Part 41

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

USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 41

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

" As reported by a Topeka correspondent in the Chicago Tribune, April, 1889.

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propose to its inhabitants the fol- lowing plan of provisional government, namely : That on the 22d of May, 1889, a mass and delegate convention of said in- habitants be held at Guthrie to carry out the following program."

Continuing through six or seven sections, the address proposed that the territory be divided into four counties-Weaver county, Guthrie as county seat; Couch county, Oklahoma City as county seat; Springer county, Cooper as county seat; and Perkins county, of which the seat of justice was to be at Sells. The convention were to ap- point a county judge and three commis- sioners for each of the counties, and also choose a "provisional executive council,". consisting of one member from each county; and provided also: "That the executive council shall have jurisdiction of all matters affecting the whole territory and shall provide for the election of a delegate to represent Oklahoma in the house of representatives of the 51st Con- gress. That said de facto government . shall continue until superseded or rejected by the action of Congress."

In less than two months after the open- ing of Oklahoma, agitation had begun for the establishment of territorial government. The citizens of Guthrie were the first to

"""The First Eight Months of Oklahoma City," p. 27.

" The call for this convention was signed by the acting mayors-M. M. Duncan, of Lisbon; G. Du- Bois, of Frisco; J. T. Godfrey, of Reno City; W. L. Couch, of Oklahoma City; T. J. Fagan, of South Oklahoma; F. R. Waggoner, of Norman; C. S. Rogers, of El Reno; L. L. Stone, of Noble; Virgil M. Hobbs, of Kingfisher, and W. A. Beatty, of Alfred.

' Delegates to "Advisory Convention" of July 15, 1889:

Oklahoma City-Walter Shepard, T. H. Weiss, Ledru Guthrie, L. L. Bell, D. A. Harvey, W. W. Witten, P. H. Wilhelm, L. H. North, W. A. Mon- roe, J. E. Love, B. H. Hull, A. Jacobs, W. L.

take steps in this direction. A call was issued from that city early in June, 1889, for a territorial convention to meet in that city on July 17 to establish a provisional territorial government. This announcement was made by a "Territorial Executive Com- mittee." It was claimed" that this move- ment was being promoted by Guthrie for the selfish purpose of booming that town and the making of Guthrie the capital. At any rate the procedure caused displeasure among the surrounding towns, and in Kingfisher, Norman and Oklahoma City . the newspapers and mass meetings pro- tested against holding any such convention under the auspices of Guthrie.

The result was that an opposition con- vention was called to meet in Frisco, now an abandoned town-site, about 15 miles west of Oklahoma City on the north side of the North Canadian river, two days be- fore the date assigned for the Guthrie con- vention.º The convention, which assembled in the afternoon of the appointed day in an unfinished building, was the first represent- ative gathering of the people of Oklahoma and took the name of "Advisory Conven- tion." It comprised an interesting group of men, almost a charter membership of the Oklahoma body politic."

One delegate was Alice McAnulty, the

Couch, Sidney Clarke, C. W. Price, A. J. Beale, H. B. Mitchell, J. T. Hickey, H. B. Calef, S. Arm- strong, J. A. Blackburn, W. B. Barger, A. C. Scott, H. W. Sawyer, R. W. McAdam, W. L. Kille- brew, W. H. Ebey, C. P. Walker, L. Countryman, G. W. Adams, W. H. Harper, J. L. Grider, J. L. Brown, J. B. Otto, O. H. Violet, Sidney Denham, M. R. Glasgow, W. F. Higgie.

South Oklahoma-H. A. Bolinger, E. W. Swee- ney, W. T. Bodine, E. Holden, Mr. McNish, J. S. Lennox, D. B. Madden, Albert Smith, Mr. Sigler, A. T. Ross, J. N. Harvey, J. P. McKinnis, R. G. Young, G. G. McGregor, S. N. Lodan, D. J. Spencer, Walter Dolson, I. N. Huntsman, R. Q.

கூச்ச Blakeney, J. M. Gaston, C. B. Bradford, W. J. Wallace, B. T. Waller, J. Bohanan, D. C. McKen-

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first of Oklahoma women to assert herself in politics, and she was one of the speakers of the afternoon.

The resolutions that were adopted at this convention are interesting not only as the first formal message of Oklahoma to the world at large, but particularly as a proof of that remarkable capacity of a new American community for self-government and sound and reasonable recommendations concerning its political welfare. The re-

non, J. A. Swope, Dr. Taylor, W. H. Honneus, R. C. Hillburn, T. J. Fagan, A. G. Brown, J. H. Beatty.

Lisbon-J. V. Admire, John O. Miles, James Burns, J. W. McLoud, John Garvey, J. E. Tincher, J. G. McCoy, S. D. Houston, E. L. Wallace, John P. Jones, R. C. Palmer, Henry Amey, Chester Howe, C. M. Cade, William Callahan.

Kingfisher-Mayor Hobbs, T. L. Hughes, F. M. Blair, William Lemoyne, George H. Laing, W. W. Noffsinger, G. W. Cox, Dr. R. Green, Walter Ellis, T. E. Williford.

Lexington-Amos Green (temporary chairman), P. R. Smith, A. M. Patterson.

Redwing-G. W. Fletcher.

Reno City-T. L. Easley, Thomas Russell, E. F. Mitchell, C. M. Staples, William Morris, C. F. Quimby, Jack Stillwell, H. V. Clements, Angus McLain, Judge Hall, P. L. Smith, W. M. Cowan, George Mishler, J. C. Lambden, C. J. DuBois, C. H. Keller.

Moore-John W. Cowan, N. A. Hughes, J. G. W. Pierson.

Rock Island City-William Grimes.

Kingfisher City-E. C. Cole, Dr. Rand, Mr. Mc- Mechan.

Alfred-W. A. Beatty, Dr. D. McConnehey, W. T. Lewis.

Frisco-J. T. Godfrey, M. L. Brown, J. C. Coff- man (in whose building the convention met), J. M. Cannon, J. C. Sollitt, John Kuykendall, George Winter.

Edmond-C. V. Eggleston, J. J. Hunt, S. W. Johnson, C. B. Powell, James Martin.

Union City-J. D. Harston, W. F. Ledbetter, W. H. Goodell, O. E. Pettee, T. J. Sanford.

Orlando-J. M. Walker, J. H. Dyer, T. W. Boise.

Matthewson-C. A. Gaskell, J. W. Bennett.

Township 7, Range 4-W. Matthews, D. T. Huntley.

T. 12, R. 3-Samuel Crocker, Richard A. Field. T. 17, R. 6-J. A. Stalford, Milton Blair.

port of the resolutions committee, while expressing confidence that the next Con- gress would provide for the needs of Okla- homa by establishment of territorial or- ganization, opposed the formation of a pro- visional government such as proposed to be undertaken at the Guthrie meeting, and declared the intention of the people repre- sented by the delegates to refuse recognition to such provisional government.8

Notwithstanding the opposition of the

T. 12, R. 5-H. A. Haskins, John R. Wilson.

T. 18, R. 6-A. A. Brigham, T. Owens.

T. 13, R. 6-W. H. Baker.

T. 18, R. 1-Kit Karson.

T. 16, R. 6-W. Grimes, M. Posey.

T. 13, R. 7-E. J. Simpson, J. R. Stevens.

T. 13, R. 6-Peter Shields, Benj. Keith.

T. 15, R. 6-W. T. Hayard, S. P. Blankenship.

T. 14, R. 6 J. R. Booth, Alice McAnulty.

T. 19, R. 8-J. H. Croff, Samuel Grotha.

T. 15, R. 7-J. R. Stephens, Jack Marshal.

T. 14, R. 7-W. H. Divin, A. E. Long.

T. 10, R. 5-A. M. Harsha.

T. 18, R. 7-E. C. Cook, P. C. Clark.

T. 12, R. 6-W. S. Rice, J. S. McAnary.

T. 19, R. 2-W. T. Reed, P. H. MeDermid, J.

V. Burgess.

T. 16, R. 5-Todd Williams, John Young.

. T. 11, R. 6-C. T. Toarch.

T. 17, R. 5-D. B. Garret, Charles McDowell.

T. 12, R. 2-A. M. DeBolt.

T. 13, R. 6-W. Crum, C. M. Burke.

T. 13, R. 4-J. H. Couch.

T. 13, R. 5-A. I. Mathias, M. W. Johnson.

T. 13, R. 1-N. T. Nix, J. A. Stafford. T. 11, R. 2-H. Geard, W. A. Arnold.

T. 11, R. 4-John Jones, G. A. Lehman.

T. 12, R. 7-Charles E. Lyle, Thomas Janson.

T. 11, R. 5-Joseph E. Bolezel, A. Caha.

T. 10, R. 6-Daniel R. Rigdon.

T. 12, R. 4-M. C. McAfee, M. M. Webster. El Reno-W. G. McDonald, John A. Foreman,

H. L. Bickford, A. Long.

T. 10, R. 7-G. W. Dixon.

T. 17, R. 7-W. H. Hedges, D. W. Jones.

T. 17, R. 5-John G. Crump.

T. 16, R. 5-S. E. Saunders, J. P. Fletcher.

T. 19, R. 3-C. E. Beck.

T. 14, R. 4-P. M. Gilbert.

(This list of delegates is taken from "The First Eight Months of Oklahoma City.")

" The resolutions, presented by Sidney Clarke, read as follows :

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citizens of Oklahoma City and neighboring towns, the convention at Guthrie was held on July 17, with 96 delegates in attendance. F. W. Green, the postmaster at Edmond, was president of the convention. After the labors of the convention had been dis- tributed to committees, an adjournment was taken to August 20. When the delegates re-assembled, the opposition to the organi- zation of a provisional government for the territory to last until Congress should act had become so pronounced that the con-

"The people of Oklahoma Territory, assembled in delegate convention for the first time, con- gratulate the people of the United States that the first steps have been taken on this soil to lay the foundation of a great and prosperous common- wealth. In less than three months, thousands of American homes have been established, populous cities have been built, municipal governments or- ganized, and peace and order secured throughout all the lands opened to settlement. At no time in human history has the world witnessed such marvelous and rapid development of civilization, and nowhere in the United States, in the absence of state or territorial authority has there been greater security for life, liberty and property. Conscious of the high obligations resting upon us as the representatives in this convention of more than 50,000 people, thus exemplifying the best elements of American citizenship, and thus engaged in the material development of the most fertile and beautiful portion of the public domain, we declare it to be impolitic and unwise to enter at this time upon the formation of a provisional territorial government for the following reasons: "1. Every indication points to the conclusion that Congress must meet in extra session in Octo- ber or November, and that that body will pro- ceed at once to consider a bill for the organization of the territory of Oklahoma.

"2. The regular session of Congress will com- mence in less than five months, when action on the bill can be had, should it fail to pass the extra session.

"3. The discussion during the past five years in Congress and by the public press of every phase of the Oklahoma question has educated the public mind, demonstrated the necessity of terri- torial organization, and gives a reasonable assur- ance that such action cannot be long delayed.

"4. The future Territory of Oklahoma should comprise all of the Indian Territory west of the ninety-sixth meridian, now occupied by a few thou-

vention's work practically ended with its adjournment. However, an organic act was adopted, the territory was divided into counties, but no election was called to put this machinery into operation. The me- morial is interesting and together with that adopted by the preceding convention at Oklahoma City indicates the state of opin- ion in the Territory and portrays the dis- advantages under which the people of Ok- lahoma labored.º

The conditions described in the Guthrie

sand Indians, with the public land strip on the west, and should supplant with its authority the reign of the cattle syndicates, and all the usages of barbarism and the injustice which has so long been dominant in this section of country, bearing in mind always that a just, humane and honorable course of conduct towards the wards of the govern- ment should be maintained.

"5. No necessity exists for the organization of a provisional territorial government at this time. A vast majority of our people are opposed to the project, but even if it were desirable and prac- ticable there is not sufficient time to put it in operation before Congress will be able to pass an organic act.

"6. It would be impossible for a provisional territorial government, unless established with great unanimity, to compel obedience to its laws, or to establish and enforce a system of taxation from which it could derive support.

"7. Believing therefore, that the attempt to establish a so-called provisional government would be detrimental to the best interests of the people of Oklahoma, we not only declare our hostility to it, but we also give notice that we will refuse to recognize any such government by every honor- able means in our power."

'To the Senate and the House of Representa- tives of the United States in Congress assembled :

We, the people living in that part of the Indian Territory opened to settlement under the act of Congress approved March 2d, 1889, in convention assembled at the city of Guthrie, in said Territory, respectfully show that:

The land so opened comprised less than two mil- lion acres, and was settled on the first day it was opened for settlement to wit, April 22d, 1889; that immediately upon that day there sprang into existence in said land agricultural communities, villages, towns and cities one of those towns containing not less than 8,000 people and another not less than 3,000 and the total population of the

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memorial were so far an actual statement of the pressing needs of Oklahoma that when Congress assembled the following December, the passage of a bill for a ter-

land opened being not less than 30,000 people. The population since that time has increased, and now numbers not less-than 50,000 people. Every quarter section of land fit for agricultural pur- poses has been settled upon and the towns have been steadily growing. Since April 22d, 1889, the settlers have constructed nearly enough houses for residences and buildings for the businesses which belong to towns of their size.

The towns now located and growing in said land number twenty-seven.

The population of this land is chiefly and to an unusual degree composed of law-abiding people, who have come here to make permanent homes for themselves and build up a desirable community life.

Owing to the press of other business upon Con- gress at the time the bill for the opening of this land was passed, there was no provision for ter- ritorial government made by Congress, or for any other government, nor for any law, save as the country might be governed by the United States courts, including the then recently established court at Muskogee, under the laws enforceable by them, it being doubtless intended by Congress that fuller legislation and more complete laws should be provided at its next meeting.

As now settled, this Territory has all the social and business conditions which would be found in an equal area of territory in one of the old settled States, and has need of as complete protection to its social and commercial conditions. At pres- ent, however, there is no provision in this Terri- tory by which the property of a decedent may be taken charge of, his debts paid, and the fund re- maining distributed to the persons properly en- titled thereto; nor is there any rule of descents determining to whom the property should be dis- tributed.

There is no provision for the solemnization of marriage, nor for the care or adoption of orphan children, nor the protection of wards, nor the ad- ministration of their estates.

There is no provision for the making or authenti- cation of wills nor the probating thereof.

There is no provision for the care of the un- fortunate or afflicted, the destitute, the aged, blind, sick or the insane.

There is no provision for burial grounds, nor is there any place where the dead may be lawfully interred.

There is no provision for the construction or

ritorial government was inevitable. Pres- ident Harrison in his first message (al- ready quoted) showed how creditably the settlers had performed their duties in up-

maintenance of public roads or bridges; nor for the establishment or maintenance of public schools; nor for the apprehending of animals run- ning at large or breaking into the fields of the settlers; nor for assignments by insolvents, or the application of their property to the payment of their debts; nor for the incorporation or regulation of banks or savings banks, or a rate of interest upon money.

There is no provision for conveyances of lands, or mortgages of lands or goods, nor for the re- cording of conveyances or mortgages.

There is no provision for trusts or powers, nor for the enforcement thereof; nor punishment for breach of trusts.

There is no provision for corporations for pur- poses of trade or business, nor for municipal cor- porations.

There is no provision for labor, material or mechanics ' liens.

There is no provision for taxation for any pur- pose.

There is no provision for the protection of the public health, nor for the prevention or suppres- sion of contagious diseases.

In criminal matters the laws at present in force in the Territory relate only to crimes against the United States and the primitive forms of vio- lence, such as murder and stock stealing.

There is no provision of law as to child steal- ing, attempted rape, poisoning, abortion, libel, or blackmail, reckless burning of woods or prairies, burglarious entry of houses, trespass, embezzle- ment, altering or removing land-marks, forcible entry and detainer, forgery, rioting, carrying deadly weapons, disturbing public meetings, seduc- tion, public indecency, profanity, gambling, lot- teries, drunkenness, bribery, destroying legal process, official negligence or malfeasance, creating or maintaining a public nuisance, selling unwhole- some, diseased, or adulterated provisions or drink, introducing diseased or infected stock into the Ter- ritory, swindling, false weights or measures, ob- taining money or property under false pretenses, making or using counterfeit labels; nor for many other offenses.

By the exceptional and intelligent employment of United States troops and United States mar- shals, and by the force of an exceptionally cool and intelligent and honest public opinion, there has been a degree of public order so far pre- served in this country that is extremely creditable

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holding the substantial form and spirit of American civic communities, and urged upon Congress the necessity for legal sanc- tion to the acts of the settlers. The delay

to the authorities and to the people. But it can- not be hoped that such unusual conditions shall permanently continue, and those provisions for the preservation of good order and the protection of person and property and the regulation of conduct which obtain in other established com- munities should be established here.

By the provisions of the act of March 2d, 1889, the only modes by which the title to town-sites could be conveyed to the actual occupants of the town-sites, were under sections 2387 and 2388 of the Revised Statutes, by the corporate authorities of incorporated towns, or by the judge of any county court in case the town is not incorporated. At present there is no law under which towns can be incorporated or have corporate authorities; nor can there be a judge of a county court, and therefore there is no mode by which town-sites can be legally entered, or any title to town lots obtained by the inhabitants of the towns.

This is a serious detriment to the towns of this Territory, and prevents the building up of many substantial improvements and enterprises in our towns, there being a natural indisposition on the part of the settlers to the expending of large sums of money on either residences, business houses, or business plants located upon lots to which they have not title as yet nor any provision of law which under existing conditions can assure them of a title hereafter.

Until such legislation is had we can not have fully effective city organization for the further- ance of the good and the repression of the evils constantly occurring in city and town life.

Until such legislation is had it will be almost impossible to have effective rules or laws as to public roads, or to prevent the fencing up of roads through the country-an evil which has been increasing since the time of our settlement, until now some of the principal roads are fenced and utterly abandoned and whole neighborhoods are debarred from any convenient way to any town or railroad.

While this large growth has taken place and this settlement has been made in the two mil- lions of acres opened, it is well known that the government is now negotiating for and expects soon to open in the Indian Territory lands sur- rounding Oklahoma, amounting to not less than twenty million acres additional. If this large tract is opened and settled with approximately like density and rapidity, there will be as soon as

of Congress in providing an organic act for Oklahoma must always rest as a severe criticism upon the dilatory tactics so often pursued in that body in the face of need

opened a population in the Territory of from three hundred thousand to five hundred thousand new settlers. These, in addition to the people now in the whole Indian Territory, will make a total population in the Territory of from five hundred to seven hundred thousand people.

Part of these lands can now be opened for set- tlement without further negotiation if Congress so desires, and it seems probable that all of the twenty million acres will be open within two years. It is also probable that large bodies of these lands will be opened before this Congress ad- journs, and that they will be settled at once, or within a few days after they are opened. That those lands should be opened without a territorial government being provided for them would be to invite calamity, and the necessity of providing a government for them needs no discussion.

The government given as herein prayed for would be a nucleus and an aid to put in operation the government needed in the lands that will be opened.

It would facilitate their ordinary settlement and influence the best class of immigrants to choose the land.

We therefore most earnestly pray that the Congress will, as its first duty upon its assembling, pass an organic act instituting this Territory, and giving to these American citizens full and suff- cient territorial government.

E. L. GREENE,

President of Convention. M. A. DUFF, Secretary of Convention. R. LOWERY, Assistant Secretary of Convention. A. MCCASKEY, Corresponding Secretary of Convention. O. V. HAYES,

Asst. Corresponding Secretary of Convention.

Frank M. Albright B. F. Brown

John R. Ash J. W. Breeden

S. B. Bevans

G. H. Bennett

Tyler Blake

L. A. Brown

John C. Calhoun

D. W. Dunn

J. R. Clark

W. H. Jackson

R. J. Barker

G. W. Goodrich O. Gallagher

G. W. Clark

Elbridge Comstock

Bayard T. Hainer

S. R. Carson

William J. Ladd

W. T. Cannon

Robert Martin

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HISTORY OF THE STATE OF OKLAHOMA

for immediate action, and had not the Ok- lahomans possessed in such an admirable degree the qualities of self-restraint and in- dependent reliance upon themselves, the result of that delay might have been dis- astrous. At it was, nearly six months in- tervened between the assembling of Con- gress and the passage of the organic act. As a copy of the organic act follows at the end of this chapter, it will not be necessary to describe it in detail. It vested the execu- tive branch of the government in a gover- nor, appointed by the president for a term of four years; the judicial branch in a su- preme court (whose members were also federal appointees) and the several lower courts, the justices of the peace being chosen by the people; while the legislative power was vested with the governor and a council of thirteen and a house of repre- sentatives of twenty-six members, elected by the people for two years. The seven counties into which the territory was di- vided by the act were designated as "First," "Second," etc., until they were named, at the first election, in the order of their num- bers, "Logan," "Oklahoma," "Canadian," "Cleveland," "Kingfisher," "Payne," and

"Beaver," the last comprising the Public Land Strip.

The organic act for the organization of Oklahoma territory was approved by the president on May 2. A few days later he appointed the first governor of the terri- tory. George W. Steele was a native of Indiana, had been a Union soldier and pre- vious to this appointment had served four terms in Congress from Indiana. The ar- rival of the first governor at Guthrie on the afternoon of May 23d was the occa- sion of a celebration that was continued on the following day, when people from all parts of the territory assembled at the cap- ital to welcome their chief executive.

July 8, 1890, the governor issued his proclamation calling for the first election for members of the legislative assembly, to be held on August 5. In the first election par- ty politics was of less importance than local questions, especially the question of the lo- cation of a territorial capital, over which there was much rivalry between the lead- ing cities. Politically, the members of the house were divided into 14 Republicans, 8 Democrats, and 4 of the Alliance party. In the council there were 6 Republicans, 5

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A history of the state of Oklahoma, Volume I, Part 41

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