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 21
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"Mr. Currin moved to reconsider the vote by which the motion to lay the motion to adopt the resolution on the table was lost. The Chair ruled the motion out of order. Mr. Currin appealed from the decision of the Chair. The roll being called, there were seven in favor and sixteen against sustaining the Chair. The roll being called, those voting in the affirmative were: Barker, Campbell, Clark, Lewis, Robertson, Smith, Wimberly. Those voting in the negative were: Adair, Currin, Farnsworth, Jones, Mathews, Neal, Pack, Peery, Post, Stovall, Talbot, Terrill, Tritt, Trosper, Wag- goner, Mr. Speaker. So the Chair was not sustained.
"The roll being called on the motion to reconsider there were ayes, twelve; nays, twelve. Those voting in the affirmative were: Currin, Farnsworth, Jones, Mathews, Neal, Pack, Peery, Post, Stovall, Talbot, Trosper, Waggoner. Those voting in the negative were: Adair, Barker, Campbell, Clark, Lewis, Merten, Robertson, Smith, Terrill, Tritt, Wimberly, Mr. Speaker. So the motion failed. "Mr. Waggoner moved the following amendment :
"3d. That it shall take a two-thirds vote of all the members of the House to adopt this resolution.
"Which was ruled out of order. Mr. Jones appealed from the decision of the Chair. The roll being called on the question, shall the decision of the Chair be sustained ? there were: ayes, eleven; nays, twelve. Those voting in the affirmative were: Adair, Barker, Vol. II-15
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Campbell, Clark, Lewis, Robertson, Smith, Terrill, Tritt, Mr. Speaker. Those voting in the negative were: Currin, Farnsworth, Jones, Mathews, Neal, Pack, Peery, Post, Stovall, Talbot, Trosper, Waggoner. So the Chair was not sustained.
"The roll being called on the adoption of the amendment, there were ayes, eleven; nays, twelve. Those voting in the affirmative were: Currin, Farnsworth, Jones, Mathews, Neal, Pack, Peery, Stovall, Talbot, Trosper, Waggoner. Those voting in the negative were: Adair, Barker, Campbell, Clark, Lewis, Merten, Post, Rob- ertson, Smith, Terrill, Tritt, Wimberly, Mr. Speaker. So the amendment failed.
"Mr. Currin moved to reconsider the vote by which the amend- ment failed. The roll being called there were twelve ayes and twelve nays. Those voting in the affirmative were: Currin, Farns- worth, Jones, Mathews, Neal, Pack, Peery, Post, Stovall, Talbot, Trosper, Waggoner. Those voting in the negative were: Adair, Barker, Campbell, Clark, Lewis, Merten, Robertson, Smith, Terrill, Tritt, Wimberly, Mr. Speaker. So the motion failed.
"Mr. Campbell moved the previous question. The roll being called, there were eleven ayes and thirteen nays. Those voting in the affirmative were: Adair, Barker, Campbell, Clark, Lewis, Merten, Robertson, Smith, Terrill, Tritt, Wimberly. Those voting in the negative were: Currin, Farnsworth, Jones, Mathews, Neal, Pack, Peery, Post, Stovall, Talbot, Trosper, Waggoner. So the motion failed and the previous question was not ordered.
"Mr. Post moved to adjourn. The roll being called, there were fifteen ayes and nine nays. Those voting in the affirmative were: Adair, Currin, Farnsworth, Jones, Mathews, Neal, Pack, Peery, Post, Stovall, Talbot, Tritt, Trosper, Waggoner, Wimberly. Those voting in the negative were: Barker, Campbell, Clark, Lewis, Mer- ten, Robertson, Smith, Terrill, Mr. Speaker. So the House ad- journed.
" (Signed) E. L. GAY, "Chief Clerk."
On the morning of the 16th of October-three days after the veto of the bill for the location of the capital of the territory at Oklahoma City, by Governor Steele-Representative J. C. Post, of Kingfisher, moved a suspension of the rules to enable him to intro- duce a bill. After much parliamentary sparring, including motions to table, to reconsider lost motions, to adjourn, etc., the previous question was ordered and Mr. Post introduced House Bill No. 49,
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entitled "An act to locate and establish the seat of government of the Territory of Oklahoma and providing for the erection of capitol buildings and for temporary Territorial offices." Mr. Post then moved that the bill be read a second and a third time and placed upon its passage. Motions to lay the bill on the table, to divide the question, to substitute, to adjourn, to reject the bill, etc., followed each other in rapid succession, with roll calls on each, and thus matters stood at the end of the forenoon session.
When the House reassembled in the afternoon, the struggle was resumed, with obstructive motions, points of order and movements to adjourn still continued. It was finally brought to a vote, just before the end of the afternoon session, the vote standing twelve for the passage and eleven against, with three members absent or not voting, thus failing of passage for lack of a constitutional majority. On the next day, however, the bill was again called up and, after protracted maneuvering on the part of the opposition, was passed by a vote of fourteen for, to one against, ten members present and not voting and one member absent. The purpose of House Bill No. 49, was to locate the capital of the territory at the Town of Kingfisher. Incidentally, it should be stated that the Guthrie-Kingfisher legislative combination had gone to pieces and the partisans of Guthrie found it necessary to effect a new align- ment in order to hold the capital. But, though the new capital location measure was seemingly in the interest of Kingfisher, the fight was not between Kingfisher and Guthrie but between Guthrie and Oklahoma City-the hand was the hand of Esau (Kingfisher) but the voice was the voice of Jacob (Oklahoma City), and not until twenty years later was the rivalry, thus engendered, to be finally settled by vote of the people.
In the Council, House Bill No. 49 not only encountered the usual amount of parliamentary obstructive tactics but was also amended in a number of its details. The measure was finally brought to a vote and was passed by a vote of nine to four, October 24th. In order to make it safe from interference, a motion was made by one of the majority (James L. Brown, of Oklahoma City) to reconsider, the mover immediately entering another motion to lay the motion to reconsider on the table. When one of the opposi- tion members (John Foster, of Logan County) gave notice that on the next day he would move a reconsideration of the vote by which the motion to reconsider the bill had been tabled, Mr. Brown, of Oklahoma City, immediately moved a reconsideration of the motion to table the motion to reconsider the bill, which was promptly de-
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feated by the majority, including the mover of the motion. When the amended bill was returned to the House it again had to run the gauntlet of obstructive parliamentary tactics but the House voted, fifteen to ten, to concur in the Council amendments, November 10th.
Although the measure thus passed for the purpose of locating the capital of the territory at Kingfisher had been framed with a view to meeting the objections set forth by Governor Steele in his disapproval of the previous capital location bill, he vetoed it also, the following being a copy of his message :
"Guthrie, November 18, 1890.
"To the Speaker, House of Representatives, Territorial Legislature: "I think a fair construction of Section 15 of the Organic Act which recites as follows :
"Section 15-That the Legislative Assembly of the Territory of Oklahoma shall hold its first session at Guthrie, in said Terri- tory, at such time as the Governor thereof shall appoint and direct ; and at said' first session, or as soon thereafter as they shall deem expedient, the Governor and the Legislative Assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible, which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly,
"Justifies the conclusion that the Governor may consult with the Legislative Assembly relative to a measure looking to the establishment of a seat of government of the Territory and with this in view and the hope of opening the way to necessary legisla- tion, I return herewith House Bill No. 49 with the following suggestions and recommendations :
"First-That the date of its passage by the House, as certified to by its chief clerk, be corrected, for, while no cause for trouble or litigation may arise, it does not seem proper for the executive to be called upon to approve a bill which is certified to have passed three or four days after it has been presented to him.
"Second-Why not leave it optional with the Commissioners as to which of the two tracts of land proposed to be donated in Section 1, the capitol building shall be erected upon; if not, it would seem better to leave it to the Commissioners as to whether or not it is for the best interests of the Territory to survey, plat and sell the one hundred and sixty acres one mile from the Village of the City of Kingfisher or accept it at all, so much depending on the location.
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"Third-There should be a limit fixed as to the amount the capitol building shall cost, (it is provided in Section 15 the Com- missioners may secure, approve plans, and contract for the erection of), not only for the guidance of the Commissioners, but with a view to insuring the people of the Territory against extravagant expenditure.
"Fourth-While it is not likely that there will be any failure on the part of the citizens of Kingfisher County to comply with the terms imposed by the bill in order for it to become a law, it occurs to me that it would be well to insert as a saving clause, a proviso to Section 7 something like the following:
"Provided, That the terms and conditions of this act are com- plied with, otherwise, such temporary seat of government as the Governor may deem proper.
"After the failure on the part of the Legislative Assembly to act upon my suggestions twice expressed, to authorize the appoint- ment of a Commission to locate the various institutions after fair competition, I do not think it worth while to again suggest it by asking that the scope of the Commission provided for in this bill be extended with a view to knowing if better terms with as good a location, could be secured.
"I hope the suggestions I have made, however, may be acted upon as promptly as is convenient and the bill returned to me for my further consideration and action. I would have it understood that I am desirous only to have amendments made which I deem are of importance and which I think may with propriety be done under the provisions of Section 15 before referred to; and it may not be improper for me to remind your Honorable Bodies that a precedent permitting the Executive to return the bills for correc- tion has been established at the present session of the Assembly if there was no better reason therefor.
"Very respectfully, "GEO. W. STEELE, "Governor of Territory."
The vetoing of the second capital location bill came compara- tively late in the session, and much other business had accumulated, and the fact that it was generally believed that some pretext would be found by the governor for vetoing any measure that proposed to locate the capital at any point other than Guthrie, put an end to further efforts in that line at that time. The people of King- fisher were even more embittered against the governor than were
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the people of Oklahoma City after the vetoing of the first capital location bill.
Before the election of the next Legislative Assembly, through the opening of the Sac and Fox, Iowa, Pottawatomie-Shawnee, and Cheyenne and Arapaho Indian reservations to settlement, eight new counties had been added to the Territory of Oklahoma. In consequence of this, by act of Congress approved in 1892, provision was made for the appointment of a commission to reapportion the legislative representation among the several counties. While this bill was under consideration in Congress, it was amended (no doubt at the instigation of Guthrie influences) by the addition of a provision which prohibited the Legislative Assembly of the terri- tory from locating the capital of the territory. Similar prohibitions were subsequently embodied in Congressional appropriations for the expenses of the Territorial Legislative Assembly, together with the further stipulation that the Assembly was specifically forbidden to make any appropriation for the erection of a capitol building.
LOCATION AND ESTABLISHMENT OF EDUCATIONAL INSTITUTIONS
Although bills were introduced for the location and establish- ment of several educational institutions early in the legislative ses- sion, they were held back and used more or less by both sides in attempts to influence the result in the struggle over the location of the capital. At one time, an, effort was made to placate the leaders of the Oklahoma City combination by a suggestion to the effect that, if Oklahoma City would consent to let the territorial capital remain at Guthrie, an arrangement might be made whereby the university, the Agricultural College and the normal school should be combined in one institution and located at Oklahoma City. This proposition was favorably regarded by some of the ablest leaders of the Oklahoma City combination but others scouted the suggestion of such a concession and the overture thus made was rejected. Before its adjournment the Legislative Assembly passed acts locat- ing and establishing the university at Norman, the Agricultural College at Stillwater, and the normal school at Edmond, though the territory then had less than 70,000 inhabitants. Thus was established the precedent for the multiplicity of state institutions of learning which has long since given the present State of Okla- homa a most unique reputation. Had Oklahoma City accepted the overture from the Guthrie leaders, namely, to drop the capital fight and take the combined educational institutions instead, the
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educational history of the state might have read very differently from what it does.
The feeling between the governor and the majority of the members of the Legislative Assembly was never cordial. The former had some pet projects upon the passage of which he insisted. His scheme of having the public institutions located by a commis- sion, all towns to be free to compete, was not viewed with favor, for very obvious reasons. Being a man of extended military experience himself, he was insistent upon the passage of a bill for the organization and equipment of the militia of the territory, though there was no urgent necessity for it at the time and it was currently reported that he resorted to the promises of patronage in order to secure its passage.
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CHAPTER LXVIII
EARLIER AGITATION FOR STATEHOOD
The territorial government had scarcely completed its organiza- tion before there began to appear in the press of Oklahoma expres- sions in favor of an early movement for the admission of Oklahoma into the Union as a state. The holding of a statehood convention was mooted, even while the first Territorial Legislative Assembly was in session. This scattered and independent agitation finally culminated in the calling of a statehood convention to be held in Oklahoma City, December 15, 1891. This convention was well attended, every county in Oklahoma being represented and a num- ber of delegates being present from various parts of the Indian Territory. As a result of its deliberations, the following memorial to Congress was adopted :
"To the Congress of the United States:
"The people of Oklahoma Territory, without distinction of party, assembled in convention at Oklahoma City, on December 15, 1891, hereby submit to the Congress of the United States the follow- ing statement of facts relating to the condition of the Territory and the section of country occupied by the five civilized tribes, and in behalf of the passage of an enabling act providing for the admission of Oklahoma as a state:
"That area of the old Indian Territory comprises 68,991 square miles or 44,154,240 acres of land;
"That this area is exceeded by only fourteen States of the Union, and that, in fertility of soil and in its capacity for agri- cultural and mineral production, is not excelled by any other section of the United States;
"That the Committee on Territories of the House of Representa- tives of the Fifty-first Congress reported that 'excluding the full- blood Indians there are in the Indian Territory and Oklahoma about 247,200 people, who are either white or of mixed blood, but who in personal appearance and in their habits and customs and in their intelligence do not differ materially from the people who inhabit other parts of the United States;'
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"That since said report was made the Indian title to more than 5,000,000 acres of land in Oklahoma Territory has been. extin- guished, and has been opened and is about to be opened to settle- ment, adding, with the increase of other sections, not less than 50,000 to our population, and increasing the sum total to about 300,000;
"That the opening to settlement of other lands in the near future will only be, in rapidity of settlement, a repetition of settle- ments already made, and that, before the expiration of the present Congress, there will be in Oklahoma and the Indian Territory a population of half a million people ;
"That the population of Oklahoma Territory proper by the Federal census of 1890, before the opening of the new lands, was 61,934, which exceeds the population of either of the states of Illinois, Ohio, Nevada, Oregon, and Wyoming at the time they were admitted as States, and that not a single Territory, with the excep- tion of Washington and South Dakota, has had a population equal to Oklahoma, with the Five Tribes included, when admitted to the rights and privileges of statehood;
"That the rapid settlement and development of Oklahoma has been exceptional. Cities have been born in a day, and vast areas in the public domain have been as speedily occupied by an in- dustrious and thriving population. A single year has witnessed more development in Oklahoma than has taken place in any other territory in a whole decade ;
"That, in the interest of good government, all of the old Indian Territory should be included in the future State of Oklahoma, and that by so doing there will be no conflict with treaty stipulations and no infringement upon the rights or property of the Indian tribes ;
"That, following the uniform precedents established by Con- gress in the admission of States, we favor the protection of the Indians in all their legal and equitable rights under the treaties and agreements. We believe, in the language of President Harrison in his recent message that 'The relation of the five civilized tribes now occupying the Indian Territory to the United States * is not best calculated to promote the highest advancement of these Indians. That there should be within our borders five independent states, having no relations except those growing out of treaties with the Government of the United States, no representation in the nation's legislation, its people not citizens, is a startling anomaly.' And we further agree with the President that 'it seems to be
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inevitable that there shall be before long some organic changes in relation to these people.' We believe these changes should come through statehood, citizenship, equitable laws, home courts, prompt suppression of crime, and equal representation ;
"That, while we are at all times loyal to the Federal Govern- ment, and fully recognize the constitutional power of Congress to enact all laws for the government of the Territories, we seek self- government and home rule as a necessity for our full measure of prosperity, and as a part of the pride and glory of all patriotic citizens ;
"That here as in the other Territories, the divided jurisdiction between Congress and the Territorial Legislature is an impediment to the investment of capital, to the permanency of manufacturing and business enterprises, and inefficient and unsatisfactory in the protection of life and property ;
"That we have more than 1,000 miles of railway now in opera- tion, other lines in progress of construction, and with the confidence that would be assured by the passage of an enabling act by Con- gress providing for the formation of a State government, many more lines would be projected ;
"We therefore declare that, in view of the extent of territory we ask to be included within the geographical limits of the State of Oklahoma, the number of the population, the variety and magnifi- cence of our material resources, the business, educational, religious, and social conditions which exist here, and the aggressive and enterprising character of our people, the time has come for Congress to pass an enabling act as herein indicated, and that at an early day we should be permitted to throw off our Territorial pupilage and assume the dignity and responsibility of a sovereign State.
"J. P. LANE, "President of the Convention. "T. M. UPSHAW, "Secretary of the Convention."
In addition to the foregoing memorial, the following resolution was also adopted :
"Resolved, That an executive committee, to be composed of one member from each county, be appointed by the chair, whose duty it shall be to prepare an enabling act providing for the admission of Oklahoma as a State, to include all of the old Indian Territory within its geographical boundaries, to collect the necessary statistics and information in support of said act, and to present the same,
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together with the proceedings of this convention, to the Congress of the United States.
Resolved, That our delegate in Congress be requested to intro- duce and support said organic act.
The following persons were then appointed as members of the Statehood Executive Committee: Oklahoma County, Sidney Clarke ; Logan County, William P. Hackney ; Cleveland County, Samuel H. Harris; Canadian County, William J. Grant; Kingfisher County, J. P. Cummins ; Payne County, Frank J. Wykoff; Beaver County, George F. Payne; County "A," William M. Allison; County "B," J. H. Woods ; Chickasaw County, H. C. Potterf.
THE FIRST STATEHOOD BILL
Territorial Delegate David A. Harvey presented this memorial to Congress and introduced a bill in the House of Representatives (H. R. 46290), January 25, 1892, authorizing the people of Okla- homa and Indian territories to formulate and adopt a constitution and apply for admission into the Union as a state on an equality with the other states. In line with this, on the 14th of April follow- ing, Delegate Harvey introduced another bill (H. R. 8154) provid- ing for the allotment of all the lands in the several Indian reserva- tions attached to the Quapaw Agency, the organization of the same into the County of Cayuga and the attachment of the same to the Territory of Oklahoma. During the last session of the Fifty-second Congress, on the 22d of the following December, Senator Bishop W. Perkins, of Kansas, introduced a bill to provide for the admis- sion of Oklahoma and the Indian Territory as a single state.
Beginning on February 11, 1892, and continuing at frequent intervals for nearly a month, the house committee on territories held a series of hearings on the question of the proposed state to be composed by a union of the Indian Territory with Oklahoma. The principal arguments for the Harvey statehood bill were made by Sidney Clarke, of Oklahoma City, and by W. P. Hackney and Horace Speed, both of Guthrie, representing the single statehood executive committee. The arguments in opposition were mostly advanced by Elias C. Boudinot 1 (Cherokee), Roley McIntosh and A. P. McKellop (Creek) and Capt. J. S. Standley (Choctaw). As each of these gave in his testimony before the committee, he was
1 E. C. Boudinot here mentioned was a nephew of Col. E. C. Boudinot who was so long a prominent figure in Cherokee affairs. The latter died a year and a half before.
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listened to with keen interest by the advocates of the other side and frequently subjected to most searching cross examination .: Years afterward, it was jocularly remarked of one of the gentlemen who was then advocating joint statehood for the two territories, that he had advanced arguments in support of the proposition then which, after he had subsequently espoused the cause of separate statehood, for Oklahoma without the Indian Territory, he was never able to answer or refute. The representatives of the civilized tribes presented many arguments in opposition to the proposed statehood legislation, protesting against it at that time. The most effective of these was that, under the treaties then in force the reserva- tions of the five civilized tribes could not be included within the bounds of any state except with their consent. As indicating the attitude of the people of Indian blood, the following extract from the speech of Roley McIntosh (as interpreted by Capt. George W. Grayson) may be accepted as typical : 2
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