USA > Oklahoma > Oklahoma County > Oklahoma City > The story of Oklahoma City, Oklahoma : "the biggest little city in the world" > Part 7
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"It is insisted by the townsite claimants that Oklahoma station was a prospective townsite: that persons at Purcell and elsewhere had decided to locate a town on the said half section as soon after noon of said day as it could be reached:
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that persons settled upon the southeast quarter at once after said hour; that the survey of the town was begun at that time: that by law such townsite settlers were entitled to enter 320 acres of land: that a settlement upon any portion of it segre- gated the whole 320 acres; that the settlement upon the south- east quarter segregated the northeast quarter also, and that homestead claimants were bound to take notice of these facts. "It is settled by an unbroken line of decisions that settlers for homestead and townsite purposes are governed by the same rules of law, acquire their rights in the same way-by actual selection and settlement-and that such rights date from the first initial act. Speaking on this subject, in the case of Kingfisher vs. Wood, et al., the honorable assistant commis- sioner says, ' A body of people coming together with a common purpose of locating a town upon public land, have no greater rights under the law than a homestead settler, they are upon the same footing, and, as in this case, their rights must be de- termined according to the priority of their initial acts."
"Gault's first initial aet as a homestead claimant was his actual settlement upon the northeast quarter at one o'clock and ten minutes p. m. of said day and the real question is: Was the land at that time subject to homestead entry ? All lands in Oklahoma were subject to homestead entry unless they had been selected or settled upon and occupied for pur- poses of trade and business. At that time, had this quarter section been selected ?
"It is true that the proposed settlers at Purcell had de- cided to locate the town on this halt section, but they were not settlers nor occupants of the land or any portion of the same and were prohibited from making such settlement prior to noon. The land department has always distinguished be- tween a settlement and an intention to settle. The declara- tions of the settlers while at Purcell show an intention to settle, but such an intention did not segregate the land from homestead entry. In Keith vs. Townsite of Grand Junction. 3 L. D., 431, Secretary Teller uses this language: 'I had no intention to, nor did I, rule that a townsite could not be- selected by a few persons ; but I found as a fact that the per- sons who made this selection were not settlers on the land. and that they did not go upon it for the purpose of then be- Vol. I-8
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coming settlers; and I ruled, as a matter of law, that such persons were not competent to make a legal selection.' In Kingfisher vs. Wood, et al., the honorable assistant commis- sioner says: . Undoubtedly the first act in locating a town under the publie land laws, is the selection of its site, and without defining just what acts constitute a selection it is sufficient to say that there can be no legal selection for such purpose without a personal inspection and examination of the land by some of the people locating thereon or their agent. The theory that the people assembled at Buffalo Springs, I. T., April 22. 1889, legally selected the north half of the section in question as the townsite of Kingfisher, cannot for a mo- ment be entertained. At that time, these people had never seen the land, and by the act of Congress and the President's proclamation, above referred to, they were prohibited from examining the same, either in person or through agent.'
"The evidence shows that at noon there were about one hundred and fifty persons in the vicinity of Oklahoma station, and that between that hour and one o'clock they settled upon said southeast quarter, but the preponderance of evidence is against such settlement having been made. The evidence does not show that any of such persons selected any particular half section for the townsite. Besides, they were in the terri- tory at noon and made selection of lots immediately after that hour. Having at once made selections and being in the territory at a time when they could not have come from the line after noon, the fair presumption is that they were there illegally for the purpose of taking lands. It is true that Charles Chamberlain, the civil engineer, had a plat of the town which covered half of said quarter section, and was there for the purpose of laying the same off into lots, blocks. streets and alleys, but he had done but little surveying before Gault's settlement, and that which he did do was upon the southeast quarter, except the runing of one line of a street to the center of said northeast quarter. While we found that such line had been run at that time, the evidence is very con- flicting upon that question. Such line did not of itself show for what purpose it was run or that it was the line of a street. Chamberlain himself was non-resident, had come into the territory illegally, and could not make the selection for him-
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self or any one else, had he attempted to do so. It does not appear that the person who procured his services was at that time or ever since has been a settler upon the land or a person competent to make a selection or settlement. It does not ap- pear that Chamberlain represented or was acting for the settlers present, nor does it affirmatively appear that there was a single settler upon said half section who had come from the line after noon of said day. The burden of proof is upon the townsite claimants to show a legal and valid selection and settlement of the land to segregate it from homestead entry.
"It is true that a reasonable number of persons may settle upon the public domain for the purpose of trade or business and that they may embrace in the townsite entry three hun- dred and twenty aeres, even though their actual settlement is all upon one quarter, but to hold the other quarter seetion as against a homestead claimant such settlers must make a selec- tion of such quarter before the initiation of the homestead right. 'To select is to choose, to set apart, to designate.' C. P. L. L., page 1297. No townsite settler had at the time of Gault's settlement, selected, set apart or designated the north- east quarter as a part of the townsite. It may be true that Gault was bound to know that the town was entitled to enter three hundred and twenty aeres, but he was not bound to know that such settlers were going to claim this tract of land. How was he to know but that the quarter section east, west or south might be selected ? He was bound only to initiate his home- stead right to prevent the lands from being taken as a town- site and townsite elaimants were bound to initiate their claim to segregate the lands from homestead entry. The fact that Gault settled near a proposed townsite cannot be accepted as evidence of bad faith. The following language, used by the commissioner in Plumer vs. Jackson (10 C. L. O. 71), is quoted with approval by Secretary Teller: 'The statutes van- not be construed to mean that persons going to the frontiers or along the lines of projected railways, and anticipating cen- ters of population, shall not enjoy the benefits of their enter- prise and foresight, though they believe their claims would be of great value on account of their proximity to cities or ยท villages, or that villages or cities would even be built upon
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such claims, and thereby enable them ultimately to realize large prices for such land.' 3 L. D. page 434.
"The evidence shows that just after the arrival of the first train a large number of persons settled upon the northeast quarter of said section four for purposes of trade and busi- ness and have continuously so occupied the same until the pres- ent time, and that at this time there are twelve hundred people occupying said tract and have improvements of the value of $94,413. It also appears that George E. Thornton was a deputy United States marshal and goverment freighter, and had been stationed and living on said land since and prior to the passage of the act of Congress of March 2, 1889, had made improvements on said land and claimed the same as a home- stead immediately after noon, April 22, 1889, and is now making such claim.
"Section thirteen of the act of March 2, 1889, provides: 'Until said lands are open for settlement, by the proclama- tion of the president, no person shall be permitted to enter upon and occupy the same, and no person violating this provision shall be permitted to enter any of said lands or ac- quire any right thereto.' It is insisted by counsel for Thorn- ton that he is not disqualified from taking a homestead by said act, because he was in the territory lawfully and lived here prior to and at the time of its passage.
"In the general land office decision in the case of Blanch- ard vs. White and Cook the honorable assistant commissioner. in discussing this statute, says: 'The clause of the statute under consideration has reference to only one class of per- sons, viz. "All persons who, from and after the approval of the act aforesaid and prior to 12 o'clock noon of April 22. 1889, should enter upon and occupy any portion of the terri- tory with the intent to make selection, settle upon or enter any of the lands therein. All others are not within the pro- hibitory clause." '
"George E. Thornton was lawfully within the territory and began his residence upon the quarter section claimed by him prior to the purchase of said lands by the goverment from the Indians, and prior to the passage of the act of March 2, 1889. It is admitted by the counsel for the fownsite claim- ants that he claimed the tract in controversy as a homestead.
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for the first time, after 12 o'clock noon of April 22, 1889, and that in pursuance of said claim he followed up the initial acts of his claim by establishing a residence, cultivating, etc., and has so continued to do to the present time, and that said claim was made prior to the time that any portion of the same was claimed by any person or persons as a townsite by any settlement or entry thereon. In the case of the City of Kingfisher vs. John H. Wood and William D. Fossett it appeared from the evidence that Wood was within the terri- tory included in the president's proclamation, dated March 23, 1889, prior to 12 o'clock noon of April 22, 1889: that he was at the time of the passage of the act within the limits of said territory by proper authority. It was held by the local office that in accordance with the views expressed by the honorable ex-commissioner, Mr. Stockslager, in a letter to Senator Ingalls, under date of April 12. 1889, that Mr. Wood was on April 22, 1889, a legally qualified entryman. In con- sidering this case the honorable assistant commissioner says: 'I agree with your first conclusion that the fact that John H. Wood has for a number of years prior to April 22, 1889, been a resident within the Oklahoma country did not operate to preclude him from making a homestead entry in Oklahoma on said date.' The same construction of the law is again made by the honorable assistant commissioner in considering the appeal of John C. Chapin from the rejection by the King- fisher office of his application to make a homestead entry.
"Thornton was as lawfully and as properly within the territory at the time of the passage of the act of March 2, 1889, as either Wood or Chapin, and in view of the foregoing decisions Thornton has lawfully acquired a prior right to all other claimants to the quarter section claimed by him.
"We therefore conclude that Frank M. Gault initiated a homestead right to the northeast quarter of said section thirty- three (33) and that George E. Thornton initiated a home- stead right to the northeast quarter of said section four before the same had been settled upon or occupied for the pur- poses of business and trade. That Edward DeTar. Samuel Crocker and Meshaek Couch are disqualified from making homestead entry; that the southeast quarter of said section
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thirty-three is occupied by people for the purposes of trade and business and there are no valid adverse claims thereto.
"We recommend that each of said homestead entries be canceled ; that the occupants of the southeast quarter of said section thirty-three be allowed to enter the same as a townsite under the act of May 14, 1890, and that a hearing be ordered to determine the rights of the several homestead claimants to said other several traets of land.
"JOHN I. DILLE, Register, "C. M. BARNES, Receiver." 1 "Register Dille :
"I concur in the above conclusions as to the qualifications of George E. Thornton to make homestead entry because it seems to have been so decided by the honorable assistant com- missioner of the general land office. It is by no means cer- tain, however, that the above language used by him should govern us in this case."
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1891-THE SECOND OPENING
Main Street ran through a quiet six months, after which assurances that another big land opening was approaching revived business and also was an incentive to building. Speak- ing comparatively, only a little land was put in cultivation during the previous year in the territory tributary to the city and business depended to a great degree upon expendi- tures of outside money, some of which visitors, who were always coming in a steady stream, spent for the necessities and for pleasure. Establishment of a land office here con- tributed considerably to the uptrend of business.
The reservations of the Sac and Fox and Pottawotamie Indians, which adjoined the Territory on the East, were thrown open to settlement, under proclamation of President Harrison, in September. These comprised over eight hun- dred and sixty-five thousand acres and nmch of the land was fertile and lay within what was known as the rain belt. The opening attracted tens of thousands of persons from all parts of the United States, and many thousands of them detrained or headquartered in Oklahoma City, the land office here hay- ing been authorized to receive applications for entry for a part of the new territory. During a period of two or three days before the opening day officials found it difficult to main- tain order. Soldiers, county officials and policemen joined in the task. The real test of their ability came the last day be- fore the opening and until noon of the opening day. Appli- cants were required to take turns at entering the land office and impatience and petty quarrels led to much disorder in the line. Gun plays were frequent and fist fights common. As a last resort the enforcement authorities went along the line, removing arms from those that bore them. By noon of the opening day the town was nearly deserted, for local men as well as visitors hankered for the excitement and the profit of another great race for homesteads and town lots. The
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largest assemblage of land seekers on the western side of the reservations was at Choctaw City which was near the western line. It was at Choctaw City that the pistol was fired at noon as a signal that the last barrier against the entry was removed.
This opening was one of the early potent influences to growth of the city. It not only brought here thousands of substantial men looking for investment in else than home- steads and who foresaw the eventual creation of homesteads out of all the Indian reservations of the Southwest, but men of an industrial turn whose thought was of railroads and fac- tories and the establishment of a metropolis. On the other hand it brought thousands of speculators and gamblers. Among the former were men who made a business of dealing in what was known as "soldiers' declaratories." The act authorizing the opening of the Indian reservations provided that soldiers who had fought for the Union might employ agents to file with the land office their declarations of inten- tion to file on homesteads and these declarations had a right of way. Agents holding soldiers' declarations, some of them with pockets full, caused more indignation among other ap- plicants for entry than any other character of men, and it was due largely to their activities that serious trouble was near at hand in Oklahoma City many times before the hour of the opening.
The city on August 25 entertained a Territorial meeting of the Farmers Alliance, which was then an influential or- ganization and which had an important part in political ae- tivities. A resolution was adopted calling upon the President to order removal of cattlemen from the Cherokee Strip, which at that time was being raided by boomers. The resolutions favored construction of a highway with Government funds from Duluth, Minn., to Galveston across Oklahoma. A. D. Hickok of Moore was elected president and A. J. Ellington of Kingfisher, secretary.
George E. Thornton, the deputy United States marshal with whom Captain Stiles had had a controversy in 1889, was killed on October 30 of this year in the Creek Indian nation while searching for Captain Willie and Micholee, full-blood Creek outlaws. The latter is said to have fired the fatal shot. Thornton, with an officer's commission, had been chas-
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ing the outlaws over the roadless woodlands of the Creek country for some days and rode suddenly upon them in a rendezvous. Thornton had made a commendable record as an officer in Indian Territory, Texas and New Mexico.
The capital fight of the previous year, in which Oklahoma City, Guthrie and Kingfisher were entered and which pro- duced a series of sensational happenings, was in some measure responsible for the resignation this year of Governor Steele. His successor was Judge A. J. Seay of Kingfisher.
A memorial to Congress demanding an act creating a State of Oklahoma and Indian Territory was contained in a reso- lution passed by a Statehood convention held here on De- eember 15. Temporary officers of the convention were Ledru Guthrie, chairman, and T. M. Upshaw, secretary. Permanent officers were the Rev. J. H. Lane of Kingfisher, chairman, and A. F. Ferguson of El Reno, secretary.
A message from Washington this year announced the in- tention of the Goverment of permitting the sale of the mili- tary reservation for townsite purposes. This reservation, still occupied by soldiers, lay cast of the Santa Fe Railroad and after the sale of lots in a subsequent year became known as Maywood Addition.
"In the spring of 1891 the work of constructing the line from Fort Reno to Oklahoma City was begun," says Joseph B. Thoburn in his History of Oklahoma, relative to the Choc- taw Railroad enterprise. "The right of way and leases of the road were mortgaged for approximately $10,000 per mile. When the track had been laid from Reno to Yukon, the bond- holders refused to furnish more funds. Messrs. Edwin D. Chaddick and E. C. Sears, the active promoters of the Choc- taw Coal & Railway Company, asked for appointment of re- ceivers. The court appointed Francis I. Gowan and Edwin D. Chaddick as receivers, the former representing the bond- holders and the latter representing the promoters.
"Finding that the section of the road extending from Fort Reno to Yukon could be operated only at a loss, the receivers applied to the court to compel the line from Oklahoma City to Yukon to pay for the cost of such construction in receiver's certificates. This course was taken in order to preserve the property and was classed by the court and the receivers under
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the guise of necessary repairs, thus giving the certificates so issued priority over the Philadelphia syndicate's mortgage.
"The line as originally surveyed in 1888 intersected that of the Atchison, Topeka & Santa Fe Railway at the site upon which Oklahoma City was afterwards built. The right of way and reservation for depot and side tracks was 200 feet wide and upon April 22, 1889, the limits thereto were plainly marked by tin signs which were conspienously posted. The settlers, however, paid no attention to these signs of the right of way thus claimed. When the road was built in 1891 a com- promise between the conflicting claims of the railway com- pany and those who had settled on the townsite was effected. whereby the alley in the row of blocks between First and See- ond streets was vacated, with forty feet off the lots on either side, at a cost of $16,000, which su was paid in city serip. to be payable when validated by an act of Congress. After- ward, the city raised the rate charged for saloon license and authorized the city treasurer to receive serip in payment of the same, the ultimate redemption costing the city 75 cents on the dollar.
"In 1894 Francis I. Gowan, receiver, was made chairman of the reorganization committee. One of the first steps of this reorganization committee was to secure the passage of an act of Congress authorizing the reorganization of the com- pany. Under the terms of this act, the incorporators were required to file a certificate with the secretary of the interior, specifying name, capitalization, date of organization and di- rectors. It was given independent corporate powers in per- petuity in addition to those heretofore held by the Choctaw Coal & Railway Company. After the passage and the ap- proval of this act the property of the Choctaw Coal & Rail- way Company was sold at foreclosure sale under final decrees rendered by the United States Court at South MeAlester and the District Court of Oklahoma County, Oklahoma, and was purchased by the Choctaw, Oklahoma & Gulf Railway."
The second election of city officials was held on April S. W. J. Gault was reelected mayor and T. M. Upshaw, clerk. B. H. Miller was elected police judge. Robert JJ. Ray, attorney: Harvey Blair, assessor, and J. P. Boyle, treasurer. Alder- men elected were Charles W. Meacham, Nelson Button, John
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H. Roller, J. W. Gibbs, N. D. Taylor, John Brogan and N. N. Miller, who was chosen president of the council. H. S. Butler and C. D. Millinger were elected justices of the peace. and D. W. Phillips and Samuel Bartel, constables.
Among franchises granted during the year were one to J. F. Thompson and L. W. Fouts to install a gas system and one to H. Wilkerson to install a telephone system.
The appointed county officials served only until the first election held under the new Territorial law. At that election the following officials were chosen: W. R. Taylor, county at- torney; D. A. Stewart, probate judge: Charles F. Colcord, sheriff; W. J. Donovan, treasurer; Will L. Bradford, clerk : J. A. J. Baugus, superintendent of public instruction, and Harry Bacon (elected chairman), L. N. Deweese and John L. Robertson, commissioners. Will H. Clark was the first clerk of the Federal District Court appointed in this district. Dr. W. R. Thompson was the first county physician under the popular goverment.
Dennis T. Flynn was born at Phoenixville. Pa., in 1861. He was educated at Buffalo, N. Y., where he studied law. After his admission to the bar, he settled at Riverside, lowa, where he resided for a short time. In 1882, he again mi- grated, locating at Kiowa, Kan., where, in addition to prac- tieing law, he established and successfully conducted the Kiowa Herald and also acted as postmaster. When Oklahoma was opened to settlement, in 1889, he settled at Guthrie, where he served as the first postmaster. In 1890, he received a strong vote in the Republican Territorial Convention for the nomination for delegate to Congress. In 1892 he was nomi- nated and elected as territorial delegate to Congress. In 1891 he was renominated and reelected. In 1896 he was renomi- nated but was defeated as the result of the union of the opposition forces. Although his own party was hopelessly in the minority, he ran far ahead of his own ticket, largely on the free homes issne. In 1898 and again in 1900, he was renominated and reelected as delegate to Congress. During the last mentioned year, he secured the passage of the free homestead bill. In 1902 Mr. Flynn declined to be a candidate for reelection as delegate to Congress. Since 1903 he has
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been engaged in the practice of law in Oklahoma City .- Tho- burn.
When W. D. Gault became mayor by regular election C. F. Coleord continued in service as chief of police until the autumn of 1891, when he was elected the first sheriff of the newly organized Oklahoma County, an office of which he con- tinued the fearless and efficient incumbent for the ensuing two years. Concerning local conditions and his administra- tion the following interesting statements have been made: "The two years during which Mr. Coleord served as sheriff of Oklahoma county are notable in the records of the county and the territory, for at that time the forces of law and order found themselves confronted with the most formidable of ob- stacles in their endeavors to restrain and drive off the cohorts of vice that beset the new Territory and constituted a con- stant menace to the law-abiding citizens who had come to the new country in such large numbers. It is certain that never since has there been in Oklahoma a condition of affairs de- manding such vigorous and courageous work on the part of official entrusted with the maintenance of law and order, and it is altogether probable that at no previous period had so great a task been imposed. In bringing to an end the reign of outlawry in Oklahoma, one of the criminal officers who de- serves unqualified credit and honor for thorough efficiency and straightforward service, untainted by corruption or . deviation from the strictest ideals of duty, is Charles F. Col- cord, whose record as a publie official may perhaps be for- gotten in the light of his latter-day activities, which have been of great magnitude and importance. After his retirement from the position of sheriff Mr. Coleord held for five years the United States prison contract at Guthrie, the territorial capital."
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