USA > Oklahoma > A standard history of Oklahoma; an authentic narrative of its development from the date of the first European exploration down to the present time, including accounts of the Indian tribes, both civilized and wild, of the cattle range, of the land openings and the achievements of the most recent period, Vol. II > Part 19
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The press of the newly settled country had its nucleus in one paper in Oklahoma City (The Times) and one in Guthrie (The State Capital), the initial numbers of which were printed outside the limits of the territory, before it was possible to bring in and set up printing plants. The first paper actually printed in Okla- homa after the opening was the "Guthrie Get-up," a three-column folio, which was printed on a job press, with Will T. Little as editor and publisher. The galaxy of Oklahoma's first newspaper men was a notable one, including a number who were counted as veterans and others not less talented who were younger in years. The newspaper business, like other lines, both professional and commercial, was overcrowded at first and there were a number of consolidations and suspensions in consequence.
Most of the pioneers of 1889 were people of very moderate means and, indeed, not a few of them were in straitened circum- stances. Under such conditions, it was not strange that the improvements made on many of the claims that first year were of a very modest and inexpensive character. Some of the settlers absented themselves from their homesteads during part of the fol- lowing fall and winter in order to find work in some of the neigh- boring states. Some sold relinquishments to their claims and left the country, little, if any, better off than they were when they made the race. Others, who were no better off in the beginning, held on in spite of poverty and discouragement and ultimately achieved a competence.
Game was very plentiful the first year, especially deer, wild turkeys, prairie chickens and quail, and, as there was no law against shipping the same at that time, many of the new settlers eked out a living by hunting. Prairie chickens were hauled to railroad stations by the wagon load and other feathered game in propor- tionate numbers.
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CHAPTER LXV
AGITATION FOR TERRITORIAL GOVERNMENT-THE ORGANIC ACT
When the novelty of the first few weeks of pioneering had worn off, the people began to realize that many of the discomforts and inconveniences which they were experiencing were likely to con- tinue until the establishment of a territorial or state government. This realization resulted in an agitation for some concerted action for the organization of a territorial government without awaiting Congressional sanction for such a course. In the latter part of May, a call was issued for a convention to meet at Guthrie, on the 17th of July, for the purpose of planning the organization of a territorial government. Sentiment was largely divided along local lines, Guthrie and the contiguous section strongly supporting the movement, while Oklahoma City, Kingfisher and several other leading towns, in the main, were strongly opposed to it. In order to counteract the effect of such a movement, another convention was called to meet at the Town of Frisco,1 in Canadian County. Resolutions of protest against the proposed organization of the territory, without the authority conferred by an act of Congress, were adopted by the convention at Frisco. The Guthrie convention met at the appointed time and, after three days of wrangling, adjourned to meet again on the 20th of August, ninety-six delegates having been present.
When the territorial convention reconvened, four weeks after the first meeting, there were a hundred delegates present. A majority of the delegates were known to favor the proposed organi- zation of a territorial government, but a large minority insisted that the convention should frame a memorial to Congress, setting forth the needs of the territory, and then adjourn. One committee
1 The Town of Frisco was situated in the valley of the Northi Canadian River, about two miles northwest of the present Town of Yukon. It was abandoned after the building of the railroad led to the establishment of Yukon, to which most of its buildings and inhabitants afterward moved.
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was appointed to frame an organic act, another was chosen to draw up a memorial to Congress, and a third committee was selected to divide the territory into counties. The work of these committees was approved by vote of the convention, though there was a deter- mined fight made against the adoption of the proposed organic act. In the end, the delegates who opposed the scheme succeeded in influencing the committee in charge of defining the limits of voting precincts, apportioning the delegates and calling the election, not to take any action. Consequently, when the convention adjourned, its only important work was the memorial addressed to Congress, which was adopted and signed by the delegates.2 This memorial, which was a dignified statement of the needs and conditions of the territory, had the effect of "pouring oil on the troubled waters," as it were, and laying the spirit of local jealousy and rivalry, for the time being at least. The memorial to Congress was as follows:
"To the Senate and the House of Representatives 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 Ter- ritory, respectfully show that :
"The land so opened comprised less than two million 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 land being not less than 30,000. The population since that time has increased and now numbers not less than 50,000 people. Every quarter section of land fit for agricultural purposes, has been settled upon and the towns have been steadily growing. Since April 22d, 1889, the settlers have constructed nearly enough houses
2 It is a significant fact that, though this memorial was signed by 100 men who were then numbered among the leading citizens of the new territory, not to exceed fifteen of them could be recognized as leading citizens of Oklahoma ten years later. A few had died during the course of the decade but the majority of the rest had proven to be transient sojourners who stayed for a time and then drifted on, no one knows where, thus illustrating forcibly the lack of permanency on the part of many of the first settlers, and espe- cially of the class that might be denominated as political adven- turers.
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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 Congress at the time the bill for the opening of this land was passed, there was no provision for territorial 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 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 present, however, there is no provision in this Territory by which the property of a decedent may be taken charge of, his debts paid, and the fund remaining distributed to the persons properly entitled thereto; nor is there any rule of descents determining to whom the property should be distributed.
"There is no provision for the solemnizing of marriage, nor for the care or adoption of orphan children, nor the protection of wards, nor the administration of their estates.
"There is no provision for the making or authentication of wills nor the probating thereof.
"There is no provision for the care of the unfortunate 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 maintenance of public roads or bridges; nor for the establishment or maintenance of public schools; nor for the apprehending of animals running 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 conveyance of lands, or mortgages
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of lands or goods, nor for the recording of conveyances or mort- gages.
"There is no provision for trusts or powers, nor for the enforce- ment thereof; nor punishment for breach of trusts.
"There is no provision for corporations for purposes of trade or business, nor for municipal corporations.
"There is no provision for labor, material or mechanics' liens.
"There is no provision for taxation for any purpose.
"There is no provision for the protection of the public health, nor for the prevention or suppression of contagious diseases.
"In criminal matters the laws at present in force in the Ter- ritory relate only to crimes against the United States and the primitive forms of violence, such as murder and stock stealing.
"There is no provision of law as to child stealing, 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 meet- ings, seduction, public indecency, profanity, gambling, lotteries, drunkenness, bribery, destroying legal process, official negligence or malfeasance, creating or maintaining a public nuisance, selling unwholesome, diseased, or adulterated provisions or drink, intro- ducing diseased or infected stock into the Territory, swindling, false weights or measures, obtaining money or property under false pretenses, making or using counterfeit labels; nor for many other offices.
"By the exceptional and intelligent employment of United States troops and United States marshals, and by the force of an exceptionally cool and intelligent and honest public opinion, there has been a degree of public order so far preserved in this country that is extremely creditable to the authorities and to the people. But it cannot be hoped that such unusual conditions shall perma- nently continue, and those provisions for the preservation of good order and the protection of person and property and the regula- tion of conduct which obtain in other established communities 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
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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 no 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 furtherance of the good and the repression of the evils constantly occurring in the 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 millions of acres opened, it is well known that the Government is now negotiating for and expects soon to open in the Indian Territory lands surrounding Oklahoma, amount- ing 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 opened a population in the Ter- ritory 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 settlement without further negotiations 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 adjourns, 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
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nucleus and an aid to put in operation the government needed in the lands that will be opened.
"It would facilitate their orderly 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 a full and sufficient territorial government.
" (Signed) F. L. GREENE, "President of Convention, "M. A. DUFF, "Secretary of Convention, "AND NINETY-EIGHT OTHERS."
THE ORGANIC ACT 3
When the Fifty-first Congress convened at Washington, in December, 1889, the memorial of the Oklahoma convention was presented, and three different bills for the creation of a territorial government for Oklahoma were introduced-Senate Bill No. 895, by Senator Orville H. Platt, of Connecticut, and House Bills Nos. 6 and 7, respectively by Representatives William M. Springer, of Illinois, and Charles S. Baker, of New York. After extended debate and with the addition of several amendments, the Senate passed Senator Platt's Oklahoma bill, February 13, 1890.+ Just one month later (March 13th) the House debated the bill at length, amended it still further and then passed it.5 The Senate voted to nonconcur in the House amendments and a conference was arranged. The Senate finally voted to agree to the conference report, April 21st. An error in the enrollment of the bill caused a request for its return by the President. The bill received the approval of President Harrison, May 2, 1890-over a year after the authorized settlement of the territory.
In its main provisions, the organic act for the Territory of Oklahoma conformed very closely to the various acts of Congress under the terms of which all other territories of the United States had been organized. In brief, it defined the limits of the Territory
3 For text of Organization Act see Appendix.
+ Congressional Record, Fifty-first Congress, first session, pages 1271-79.
5 Ibid., pages 2213-20.
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of Oklahoma as including all of that part of the former Indian Territory except the tribal reservations, proper, of the five civilized tribes and the reservations included in the Quapaw Agency ; also the Public Land Strip (commonly called No-Mans-Land) and also to include Greer County (which was in dispute between the United States and the State of Texas) only in case the title thereto should be adjudged to be vested in the United States.
The form of government prescribed for the new territory was republican in that it was to consist of three departments, namely (1) executive, (2) legislative and (3) judicial. The chief executive of the territory was to be a governor, appointed by the President of the United States for the term of four years. The Legislative Assembly was to consist of two houses, designated respectively as the Council, consisting of thirteen members, and the House of Representatives, consisting of twenty-six members.
The judicial department was to be vested in a Supreme Court, district and probate courts and justices of the peace; the Supreme Court was to consist of a chief justice and two associate justices, each of the three justices to be assigned to duty as a district judge as well as serving as a member of the Appellate Court.
There were to be seven counties, to be designated by number, the names of the several counties to be chosen by vote of the people. The county seats of the several counties designated by the Organic Act were respectively : One, Guthrie; Two, Oklahoma City ; Three, Norman; Four, El Reno; Five, Kingfisher; Six, Stillwater ; Seven, Beaver. The governor of the territory was authorized to apportion the members of the two houses of the Legislative Assembly among the several counties, to issue a call for an election and to appoint a date and place for the convening of the same. The governor was also empowered to appoint such county and township officers as might be necessary.
A large part of the general statutes of the State of Nebraska were adopted for the use of the Territory of Oklahoma until such time as the same might be modified or amended by the Territorial Legislative Assembly. Guthrie was designated as the seat of the territorial government until such time as the Legislative Assembly and the governor of the territory might see fit to establish it elsewhere.
Sections numbered sixteen and thirty-six of each township were reserved for the endowment of the public schools of Oklahoma. The lands of the Public Land Strip (No-Man's-Land) were declared to be open to homestead entry and that tract was consti- Vol. IT-14
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tuted a land district and the President of the United States was empowered to locate a land office therefor and also one other addi- tional land office in the territory.
Provision was made for the reservation of public roads on all section lines. The attorney-general of the United States was authorized and directed to file a suit in equity before the United States Supreme Court against the State of Texas, setting forth the claim of the United States to the ownership of the Greer County lands.
Appropriations were made for the purposes of carrying the objects of the act into force and effect, such as salaries and expenses of the territorial officers, the Legislative Assembly and courts; and the sum of $50,000 was appropriated for the temporary support of the public schools.
The last fifteen sections of the Organic Act related to the United States Court in the Indian Territory. It was provided that the court should be divided into three divisions, the first division to include the reservations attached to the Quapaw Agency, the Cherokee Nation and the Creek Nation, the court to be held at Muskogee; the second division to include the Choctaw Nation, the court to be held at South McAlester,6 and the third division to include the Chickasaw and Seminole nations, the court to be held at Ardmore. The appointment of not to exceed three United States commissioners in each judicial division was also authorized. The functions of these commissioners were not unlike those of justices of the peace, their jurisdiction being similar; they were to be ex-officio notaries public and to have authority to perform the marriage ceremony.
With the passage and approval of the Organic Act, the history of the eastern and western parts of the State of Oklahoma becomes more or less separate and distinct, though always with much in com- mon, and thus continues throughout the following period, which ended with the passage and approval of the Enabling Act, in 1906.
6 When the Choctaw Coal & Railway Company built its line to a junction with that of the Missouri, Kansas & Texas, it crossed the latter about two miles south of the original Town of McAlester. The new Town of South McAlester then grew up at the intersection and, in the course of time, expanded until the two towns were united under the name of McAlester.
EIGHTH PERIOD
1890-1907
DEVELOPMENT OF THE TWO TERRITORIES
CHAPTER LXVI
ORGANIZATION OF THE TERRITORIAL GOVERNMENT
Immediately after the approval of the Organic Act, President Harrison selected and appointed the first territorial officers. George W. Steele, of Indiana, was appointed governor of the territory. Judge Robert Martin, of El Reno, Oklahoma, was named as secre- tary of the territory. Horace Speed, of Guthrie, was chosen as United States district attorney and Warren S. Lurty, of Virginia, as United States marshal.1 The members of the Territorial Su- preme Court were: Edward B. Green, of Illinois, chief justice ; Abraham J. Seay, of Missouri, and John G. Clark, of Wisconsin. It will be noted that five of the seven appointees thus chosen were selected from outside the territory. This was a disappointment to the people of Oklahoma in general as well as to many of the aspir- ing politicians of the new territory. The party platform upon which President Harrison had been nominated had contained a strong declaration in favor of the selection of territorial officials of the several territories from the citizenship thereof. Four of them left the territory at the expiration of their official service and never again resided in Oklahoma.
Governor Steele 2 arrived in the territory May 23, 1890, where
1 Marshal Lurty resigned his office within a few weeks and was succeeded by William Grimes, of Kingfisher, whose appointment was made in August, 1890.
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2 George Washington Steele was born in Fayette County, Indi- ana, December 13, 1839. Most of his early life was spent at Marion, Indiana, where he attended the public schools. He attended the Ohio Wesleyan University, at Delaware, Ohio, and, at the age of twenty, began the study of law in his father's office. He was admit- ted to the bar just at the beginning of the Civil war. He entered the volunteer military service as a private, in April, 1861, and served continuously until the end of the war, being mustered out of the army with the rank of lieutenant colonel. In 1866, he received a commission in the regular army, in the service of which he remained for ten years. Returning to civil life, he engaged successively in farming, pork packing and banking. He repre- sented his district in Congress from 1881 to 1889. In 1895, he re-en- tered Congress, where he served three more terms. In recent years he has been governor of the National Soldiers' Home, in Indiana.
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Gov. WM. C. RENFROW
Gov. WM. M. JENKINS
TERRITORIAL GOVERNORS Gov. GEORGE W. STEELE Gov. A. J. SEAY Gov. FRANK FRANTZ
Gov. CASSIUS M. BARNES
Gov. THOMPSON B. FERGUSON
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he met with an ovation and, on the following day, a public recep- tion was tendered to him and to the other newly appointed terri- torial officers who had arrived. There was much to be done by the new governor. The counties had to be organized and county officers selected and appointed. It was also necessary to apportion the members of the two houses of the Territorial Legislative Assembly among the several counties and make the necessary arrangements for holding an election for the choice of the same.
The Federal census, taken in June, 1890, showed the population of Oklahoma (exclusive of the Indian reservations) to be 60,417, of which number, 3,300 were negroes, most of the latter being located in Kingfisher County. During the spring and summer of 1890 there was a determined effort made to colonize the new terri- tory with negroes, the effort being inspired partly by partisan political zeal and partly by speculation in the interest of the pro- moters of the townsite of a proposed negro town (Langston) in Logan County.
July 8, 1890, Governor Steele issued a proclamation calling for the election of members of the Territorial Legislative Assembly to be held four weeks from that date (August 5th), and the Assembly was to be convened and organized two weeks later (August 19th). Three political parties placed legislative candidates in the field, namely, republican, democratic and alliance. In the election, the farmers' alliance party secured four members of the House and one member of the Council; the democratic party elected eight mem- bers of the House and five members of the Council, and the re- publican party elected fourteen members of the House and six members of the Council. There was also one member of the Council who was classed as an independent.
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