USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 47
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agreement, do hereby declare and make known that all of said lands hereinbefore described, acquired from the Kickapoo In- dians by the agreement aforesaid, will, at and after the hour of twelve o'clock, noon (central standard time), Thursday, the twenty-third day of the month of May, A. D., eighteen hundred and ninety-five, and not before, be open to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in the said agreement, the statutes above specified, and the laws of the United States applicable thereto, saving and ex- cepting such tracts as have been allotted, reserved or selected under the laws herein referred to, and such tracts as may be prop- erly selected by the territory of Oklahoma under and in accordance with the provisions of the act of March second, eighteen hun- dred and ninety-five, hereinbefore quoted, prior to the time herein fixed for the open- ing of said lands to settlement."
Prior to 1896 the land lying between the north and south forks of the Red river ad- joining Texas on the west was an organ- ized county, settled by farmers and stock- men, having a county seat town, and on a parity in material development with the ad- jacent counties in North Texas. The peo- ple paid taxes for the support of the Texas state government, and it is related that on the very day when the decision of the fed- eral supreme court announced that this county henceforth belonged to Oklahoma, a Texas judge was holding court at Man- gum and trying cases under Texas laws. The grounds of the contention between the United States and Texas were a question of boundaries, and reference has been made
" The annexation of Greer county to Oklahoma was a disturbing factor in the "free homes" movement then being agitated before Congress.
to the subject in Chapter III, in discussing the boundaries of Oklahoma. The inclusion of this territory was not in the nature of an opening, and did not precipitate a rush of settlers to take up the unoccupied lands. The citizens of Greer county merely changed from one allegiance to another, and instead of living under a state gov- ernment and voting in national elections, were content to endure the condition of ter- ritorial existence until Oklahoma statehood again restored their former privileges of citizenship.7
What is known as the Greer county case was a suit in equity by the United States against the state of Texas to determine the boundary between the territory of the Uni- ted States and Texas and to have it judicial- ly determined whether the tract of land known as Greer county was within the ter- ritory of the United States or within the state of Texas.
The case was argued before the United States supreme court at the October term of 1895, and the decision, giving Greer county to Oklahoma, was announced March 16, 1896. The syllabus of the opinion is here quoted :
1. In fixing the boundary between the territory of the United States and Texas, the treaty of 1819 between the United States and Spain controls; and the entire instrument must be examined to ascer- tain the real intention of the contracting parties, and the Melish map referred to therein is to be given the same effect as if it had been expressly made a part of the treaty.
2. The Melish map of 1818, referred to in the treaty of 1819 between the United States and Spain as showing the 100th meridian, with other lines named in describing the boundary fixed by the treaty, was taken as a general basis for fixing the boundary, but was not intended to control the location of that meridian as against its true posi- tion astronomically located and differing from that
This phase of the Greer county matter will be found discussed in the sketch of Dennis Flynn, elsewhere in this work.
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on the map, but the treaty itself provided for fix- ing the boundary line with more precision by sur- veying and marking it.
3. The convention or contract between the United States and Texas, as embraced in their re- spective enactments of 1850, together with the sub- sequent acts of the two governments, adopts the true or actual 100th meridian, and not its false position on the Melish map, as the true boundary of Texas.
4. The Red river, or Rio Roxo, which by the treaty of 1819 between the United States and Spain was to be followed westward to the 100th meridian of longitude, must be taken to be the south, or Prairie Dog Town fork, which most nearly answers to the description of the Red river as shown on the early maps, including that of Melish referred to in the treaty, instead of the north fork, the course of which would make the line run north and northwestwardly.
5. The inclusion of Greer county, Texas, among the counties named in the act of Congress of 1879 as constituting the northern judicial district in Texas, merely placed the territory claimed to constitute that county, but which the United States had claimed as part of the Indian Territory, in that district for judicial purposes such as were competent to the United States courts, and was not intended to express the purpose of the United States to surrender its jurisdiction, and does not admit the right of Texas to that territory.
6. The designation for a short time of a post- office as in Greer county, Texas, on petition of per- sons describing themselves as residents of such county, before the authorities of the postoffice department discovered that it was located in the territory which was in dispute between the United States and Texas,-does not strengthen the claim of Texas to such territory.
. Following the decision of the supreme court in the Greer county case, President Cleveland issued a proclamation (date March 16, 1896) declaring: "WHEREAS, The Choctaw Nation claims that the title to these lands passed to said nation by virtue of treaties with the United States, and that the title of said nation to said lands has not been extinguished, but that said Choctaw Nation has a right and interest therein; and
"WHEREAS, It is claimed that divers persons settled upon said lands prior to the thirtieth day of December, eighteen hundred and eighty-seven, acting in good faith, upon the belief that the same belonged and were subject to the jurisdiction of the State of Texas, and that Congress will be asked to extend te all such settlers suitable relief ; "Now, therefore, I, Grover Cleveland, president of the United States, by virtue of the authority
7. The location of the line established by the treaty is to be determined by the course of rivers, and degrees of latitude and longitude, rather than by routes, trails or roads, the extent and character of which cannot be certainly known at this day, and over which, at the date of the treaty and prior thereto, travel by traders and trappers could have been only occasional and limited.
8. The territory east of the 100th meridian of longitude, west and south of the north fork of Red river, and north of a line following westward, as prescribed by the treaty of 1819, between the United States and Spain, along the south bank both of Red river and of the Prairie Dog Town fork or south fork of Red river until such line meets the 100th meridian of longitude, which ter- ritory is sometimes called Greer county,-consti- tutes no part of Texas, but is subject to the ex- clusive jurisdiction of the United States.'
In August, 1901, the immense domain of the Wichita, Kiowa, Comanche and Apache Indians, comprising the greater part of what is now known as Southwestern Ok- lahoma, was given to the occupation and in- dustry of white men. Here, again, were repeated many of the scenes that marked the settlement of Oklahoma in 1889, though there was no "rush." The homesteads were rapidly taken, and at the county seats of the three principal counties formed from the reservations, three cities came into ex- istence almost in a day, Lawton at once taking rank as the metropolis of the new
in me vested, not admitting in any wise the valid- ity of such claim on behalf of the Choctaw Nation, but for the purpose of preserving the status of said lands intact until such time as said claim of the Choctaw Nation thereto may be duly deter- mined, and that the settlers hereinbefore referred to shall not be disturbed until Congress shall have fully considered their claims for relief, do hereby withdraw said lands from disposition under the public land laws of the United States, and declare the same to be in a state of reservation, until such time as this order of withdrawal may be revoked; and I do further warn and admonish all persons against entering upon said lands with a view of occupying the same, or settling thereon under the public land laws, during the existence of this order."
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country, with Hobart and Anadarko not far behind.
The Wichita and affiliated bands had agreed to cession and allotment of their lands at Anadarko June 4, 1891, the treaty being confirmed by act of Congress, March 2, 1895. The limits of their reserve were "Commencing at a point in the middle of the main channel of the Washita river where the ninety-eighth meridian of west longitude crosses the same, thence up the middle of the main channel of said river to the line of 98° 40' West longitude, thence on said line of 98° 40' due north to the middle of the channel of the main Canadian river, thence down the middle of the said main Canadian river to where it crosses the nine- ty-eighth meridian, thence due south to the place of beginning."
The agreement for cession and allotment of the Kiowa, Comanche and Apache re- serve was effected at Ft. Sill, October 21, 1892, and was ratified by Congress June 6, 1900. (Boundaries given elsewhere.) Out of the reserve individual allotments and school lands, etc., and 480,000 acres of grazing lands were set apart for common use of the three tribes.
Other important conditions precedent to the opening are recited in the proclama- tion for opening, dated July 4, 1901 :
"And, whereas, in pursuance of the act of Congress approved March 3, 1901, (31 Stat., 1093), the secretary of the interior has regularly subdivided the lands so as aforesaid respectively ceded to the United States by the Wichita and affiliated bands of Indians and the Comanche, Kiowa, and Apache tribes of Indians into counties, at- taching portions thereof to adjoining coun- ties in the territory of Oklahoma, has reg- ularly designated the place for the coun- ty seat of each new county, has regularly
set aside and reserved at such county seat land for a townsite to be disposed of in the manner provided by the act of Congress last named, and has regularly caused to be surveyed, subdivided, and platted the lands so set aside and reserved for disposition as such townsites :
"And, whereas, by the act of Congress last named, it is provided: 'The lands to be opened to settlement and entry under the acts of Congress ratifying said agreements respectively shall be so opened by procla- mation of the president, and to avoid the contests and conflicting claims which have heretofore resulted from opening similar public lands to settlement and entry, the president's proclamation shall prescribe the manner in which these lands may be set- tled upon, occupied and entered by persons entitled thereto under the acts ratifying said agreements, respectively ; and no per- son shall be permitted to settle upon, oc- cupy or enter any of said lands except as prescribed in such proclamation until af- ter the expiration of sixty days from the time when the same are opened to settle- ment and entry.
"Now, therefore, I, William Mckinley, president of the United States of America, by virtue of the power vested in me by law, do hereby declare and make known that all of the lands so as aforesaid ceded by the Wichita and affiliated lands of In- dians, and the Comanche, Kiowa, and Apache tribes of Indians, respectively, sav- ing and excepting sections sixteen, thirty- six, thirteen and thirty-three in each town- ship, and all lands located or selected by the territory of Oklahoma as indemnity school or educational lands, and saving and except- ing all lands allotted in severalty to individ- ual Indians, and saving and excepting all lands allotted and confirmed to religious so-
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cieties and other organizations, and saving and excepting the lands selected and set aside as grazing lands for the use in com- mon for said Comanche, Kiowa, and Apache tribes of Indians, and saving and excepting the lands set aside and reserved at each of said county seats for disposition as townsites, and saving and excepting the lands now used, occupied, or set apart for military, agency, school, school farm, re- ligious, Indian cemetery, wood reserve, forest reserve, or other public uses, will, on the 6th day of August, 1901, at 9 o'clock a. m., in the manner herein prescribed, and not otherwise, be opened to entry and set- tlement and to disposition under the gen- eral provisions of the homestead and town- site laws of the United States."
The lands of the reservations opened in August, 1901, were divided into three new counties and, in part, attached to existing counties. This was done by order of Sec- retary Hitchcock, June 24, 1901. The counties thus created were Caddo, Com- anche and Kiowa, with the limits which they had during the rest of Oklahoma's ter- ritorial history. A part of the new territory was attached to Roger Mills, Washita and Canadian counties, the boundaries of which were thereby changed and increased.
Endeavoring to profit by its experience in former openings, the government devised a new plan for opening the Kiowa- Comanche country to settlement. The plan as outlined in 'the president's proclamation of July 6 required :
Ist. That all properly qualified appli- cants for homesteads should register, at either the land office at Lawton or at El Reno, during the period from July 10 to 26, 1901. Having registered and obtained a non-transferable certificate to that effect, the applicant was at liberty to examine the
lands of the reservation with a view to selection at time of entry, but was not per- mitted to make any settlement.
2d. A card of identification for each ap- plicant was made out at the time of regis- tration and placed in a plain envelope. At the close of the registration, the committee in charge of the drawings proceeded "to draw out and open the separate envelopes. and give to each enclosed card a number in the order in which the envelope" was drawn.
3d. Notice of the drawings, giving name and number of applicants, was posted each day. At each land office commencing Tues- day, August 6, 1901, the applications num- ' bered I to 125, inclusive, were to be pre- sented and considered, and that number were to be considered each day until lists were exhausted or the lands disposed of.
Concerning the lottery method used in this opening, Governor Jenkins said: "The inauguration of methods of procedure so entirely new and novel to all former open- ings of land to settlement of course met with more or less disfavor and criticism, but upon the whole the system of registra- tion and drawing proved generally satis- factory, and all agree that there was perfect fairness with no favor or advantage to any in the whole procedure, while most of the hardships of other openings and the subse- quent contests and bloodshed seem to have been done away with.
"The plan of opening has so far proved to be a very great success, and the officers charged with the work deserve great credit for their able management of the work in hand. During the ten days allowed for reg- istration 165,000 people registered for claims in the reservations, 87,000 for the Lawton district and 78,000 for the El Reno district, of whom 13,000 drew numbers en-
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titling them to claims and the others re- turned quietly to their homes or sought locations in the new county seats and other townsites or elsewhere in the territory.
"When the day for the sale of lots in the county seats arrived, great crowds congre- gated at Lawton, Anadarko and Hobart. Although Lawton was a considerable dis- tance from any railway connection at the time, much the largest crowd was there, and the demand for lots was greater than in either of the other towns. The sale of lots progressed quietly and orderly, the prices ranging much higher all through the sale than had been anticipated. The total amount received for sale of lots was as fol- lows:
"Lawton $414,845
"Hobart 188,595
"Anadarko 132,593"
The secretary of interior was instructed by law to use the proceeds of townsite sales in the county seats for the building of a court house at a not greater cost than ten thousand dollars and in the construction of other public improvements such as roads and bridges. The proceeds were so large, as it turned out, that the secretary found it difficult to apply the funds equitably under the limitations of the law.
On December 6, 1906, occurred the last
' The following newspaper story, told two years after the opening, illustrates some of the difficul- ties in the way of laying out a townsite in ad- vance, despite the government's supervision in the matter:
In one of the most interesting townsite fights in the development of the southwest-one in which the federal government was matched against a newly organized railway company, the Wichita Falls & Northwestern-the railway company has in effect emerged victorious and the one-time gov- ernment town, Escheti, one of the six opened to settlement by town lot sales, is now a deserted village-more so, in fact, than Goldsmith 's munici- pality, since not even ruins mark its former exist-
great opening of Oklahoma lands to settle- ment. The lands at this opening, however, did not go to the man first on the ground or to the one who was lucky in drawing a certain number, but to the one who had the most money to offer. The lands embraced in this opening were what is known as the "Big Pasture," with an area of about 450,- 000 acres, in the southern portion of the old Comanche county, two Indian pastures in Comanche county and one in Kiowa county, the three having an area of over 80,000 acres and the old Fort Sill wood reserve, containing about 25,000 acres. No bids were entertained under $5 an acre, and at the close of the bidding but 126 quarter sec- tions remained unsold. The average price per quarter section ranged from $1,200 to $1,800, the highest amount bid for a single quarter section being $7,000. The total amount received from the sale of these lands approximated $5,000,000, which was added to the funds set aside for the benefit of the Indian tribes who formerly owned the lands.
The government laid off five town sites in the Big Pasture and one in the pasture in Kiowa county, these towns being named "Randlett," "Escheti," "Quanah," "Isa- dore," "Ahpehatone" and "Koonkazachey."? The majority of the lots in each of these
ence. By the effecting of a "compromise" the railway people removed a part of their town, Kell, got Escheti abandoned entirely and estab- lished Granfield, probably the most rapidly, built town in the world, since from a bald prairie one day it became a village of 500 inhabitants the next with substantial buildings, both residence and business.
When the first opening of towns in the Big Pas- ture began, hundreds of people who had planned to purchase lots in Escheti camped in the section line awaiting the beginning of the sale. Before the government sale began, however, many of them began plans to stay, some of them even erecting temporary wooden buildings, and when
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townsites were sold to the highest bidders for the benefit of the Indian tribes. One business lot in Randlett sold for $1,120; the highest lot in Escheti sold for $660, and large numbers of business lots sold from $200 to $250 in each of the townsites. The residence lots in Randlett and Escheti sold at an average of from $35 to $40; in other townsites at about $20. The persons pur-
the sale began they refused to move. These were the people who afterward became residents of the town of Kell.
The lots in Escheti were sold and the town was started. Then objection was raised to the rival town, which was a town in reality, but without name, and the government officials served notice upon the people camped in the section line that they must vacate their holdings.
Then the railroad, the Wichita Falls & North- western, which was building from Wichita Falls, Texas, to Frederick, Oklahoma, stepped in and offered the squatters a home on their right of way, which had been condemned much wider than ordinary for the declared purpose of erecting side- tracks and watering tank. The offer was accepted. Five hundred people moved in, stores were opened, a newspaper started and banks, cotton gin and railway depot were shortly in operation. The town of Kell was started, named after the promoter of the railroad. It was erected on the homestead of John Fields, chief engineer for the railroad com- pany.
Two miles away was the government town of Escheti. It had stores, banks and various kinds of business. It had some people, people who had paid their money for town lots. But it had no railway station. It had no cotton gins. And the farmers were doing their business at Kell.
Consequently a wail arose from Escheti for pro- tection of the property sold them in good faith. The people of Kell were ordered out, but they didn't get out. Attempt was made to secure in- junction against people and railroad, but not even the federal district court would grant the injune- tion. Failing in this attempt, when statehood came and the corporation commission put up its shingle, Escheti asked that the railroad company be compelled to erect a depot for them, alleging that the action of the road was unjust discrimina- tion. This order was issued, but later a rehearing was granted the railroad and the order withheld.
In the meantime, however, conditions were changing so that both towns were anxious to give up the fight which was ruining both. John Fields, the owner of the site of Kell, had died and the
chasing the farms in these pastures were required under the law to pay one-fifth cash, to take up their residence on the land within six months, and to remain there five years, paying the balance of the amount bid in five annual installments.
The governor's report of September, 1907, from which the above is taken, said, with reference to the development that had
litigation which seemed necessary for final title to the land urged removal. Escheti, disappointed in her fights through the courts and corporation commission, and losing in business to her railway neighbor, became "sore" on the government be- cause of the neglect of its protege.
Here the railroad company stepped in in the role of peacemaker and, promising to the people of Escheti value for value for their government town lots, induced the two towns to agree to a compromise by the abandonment of both old sites and the formation of a new town, now called Granfield, in honor of the second assistant post- master general.
Government officials, however, took an unfavor- able view of the project, recalled all deeds for property still held in escrow awaiting remaining payments and secured an injunction from the fed- eral government preventing them from removing to the new town.
These injunctions had to be served, however, before they were effective, and citizens of Escheti determined to "beat them to it" by getting moved before the federal deputy arrived. Twenty house- moving equipments, both steam and horse power, were called into service, and working night and day and over Sunday left nothing but bald prairie to greet the arrival of the officer who had come to serve the writs. The entire town had been re- moved and deposited in the streets of Granfield.
The troubles of the new town, though formed through compromise, have not ended, however. The people wanted a postoffice. They applied to the department for the removal from Escheti, but decision was delayed. They became impatient. They had taken the name of a postal official. They determined to take the postoffice itself. During the night a band of masked men vis- ited the one-time site of Escheti, placed wheels under the little building in which the office was located and dragged it by force to the new town. The department was notified, an investigation started and the office ordered back to Escheti to await further instructions. The office was taken back. Granfield is awaiting instructions, but as yet they have not come.
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taken place since the opening: "In the seven months which have transpired since the opening of these lands a wonderful change has taken place. The settlers have taken up their residence on the farms and in the towns, and where seven months ago there was nothing but the waving grasses of the prairie and a few scattered herds of cattle, there are now comfortable homes, farms planted to crops, and growing towns. Many fine homes, costing from $1,500 to $2,000, are already to be found on the farms, and it is estimated that cotton crop of the Big Pasture for the present year will reach 25,000 bales."
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