The El Reno Democrat. (El Reno, Okla. Terr.), Vol. 16, No. 31, Ed. 1 Thursday, August 17, 1905 Page: 1 of 8
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I ■ ' •
Thf„ F' Reno Demochmil
VOLUME XVI
EL RENO OKLAHOMA TERRITORv THURSDAY AUGUST 17,1905.
NUMBCRiSt* It
TOWNSITE
FRAUDS
tWO CONTESTS FILEO AGAINST
THE TOWNSITE OF CEMENT
EL RENO MEN A3E IT
TWO OF THEM G038'_E UP 600
LOTS EACH
The Commissioner of the General Land
Office Suspends the Town-
Site Entry.
Two highly sensational land cases
were filed with the El Reno land offi-
ce this week. These contests involve
the original townsite of Cement and
turn the lime light on a number of
would be prominent El Renoites. If
the affidavits of the contestants and
the (record filed in support of their
claims are true. El Reno will soon
take its place by the side of Oregon
and Montana, and the record of Sen-
ator Mitchell and Binger Herman will
pale in importance., like a tallow dip
before a Rock Island headlight
The following is the contest affida-
vit and a part of the record in the
case of B. F. Key
AFFIDAVIT
Bafor* thei Commissioner of the
General land nffice. Washington D C.
Boley F. Key
vs
The Townsite ^f Cement Oklahoma.
Involving the E. % of N. E. Qr &
the S. W. U of the N E. % of Sec. 3.
Twp. 5 N.. 9 W. El Reno Oklahoma
Laind District.
Personally appeared before me. the
undersigned authority. Boley F. Key,
who being duly sworn upon his oath
says:
That he is acquainted with the lands
embraced in the townsite application
of Cement Oklahoma. Affiant further
states that there are no occupants of
any description upon the N. E. Qr. of
the N. E. Qr. of Sec. 3. Twp. 5. R. 9
and that there are only nine occupants
with shanties and dugouts on the S.
% of the N. E. Vi of Sec. 3. Twp. 5 N.
R. 9 W and that all the rest of the
said 120 acres embraced in the above
is vacant, unimproved and unoccupied
land. Affiant further states that there
never has been any occupants on said
land since the same was entered as
a townsite by the Probate Judge, and
that said N. E. V4 of the N. E. Vt of
Sec. 3. Twp r> R. 9. has be>n conveyed
as an entirety and is so held at this
time, and that nearly all of the other
lands above described in the S. % of
said quarter section were conveyed
by blocks to parties who never had
any townsite settlement on said land
and ueveir made any townsite im-
provements thereon.
Affiant further states that the town-
site of Cement was fraudulently en-
tered by certain parties for the pur-
pose of speculation and not for the
purpose of complying with the laws
governing such townsites. that the
Probate Judge after entering said land
in trust for the use and benefit of the
occupants thereof, fraudulently and
without any authority of law convey-
ed nearly all of the said townsite to
three parties who were not residents
of said town and never have been,
and who were not settlers under t,he
law and authorized to receive deeds
from the Probate Judge as the trustee
for the occupants of said townsite;
that affiant filed herewith copies of
three deeds marked exhibit. A. B. and
C. that said deeds were wrongfully
issued to said parties and were never
issued pursuant to law and that said
persons to whom said lots and blocks
were conveyed were not occupants
of the land conveyed to them by the
Probate Judge acting as trustee for
the use and benefit of the occupants
of the town of Cement.
states that said land was entered by
Probate Judge Crura, fraudulently and
in collusion with other parties In
order that they might acquire a title
to land in which they have no right un-
der the townsite laws of the United
States and that all the conveyances
made by said trustee as set out in
exhibits "A" "B" and "C" were
fraudulent and without authority of
law.
Wherefore affiant prays that he
may be allowed t i enter the above
described land for which he has ap-
plied as a homestead aud that town-
site entry may be cancelled and asks
that a hearing may be ordered and that
he may be allowed to show that said
lands were never properly entered as
a townsite under the laws of the U.
S. and were never conveyAl to the oc
cupants of the townsite of Cement as
required by law. and that h^ may
be allowed the preference right of
entry of the lands elmbraced in said
townsite, the Commissioner of the
general land office having heretofore
suspended said townsite application
and directed that a showing be made
why said townsite entry should not
be cancelled.
(Signed) BOLEY F. KEY.
Sworn to this 7 th day of August
1905.
ALOISE HOPKINS. Notary Public.
Also sworn to at the samel time and
place by William H. Bohart.
described real property together with
all the improvements thereon
Signed and delivered this 5 th day
of May. 1902.
CHARLES L. CRUM,
Trustee for the occupants of the
townsite of Cement
A true copy.
W I LACY. Register of Deeds
TRUSTEE DEED. EXHIBIT -a"
CHARLES L. CRUM. TRUSTEE
TO
C. O BLAKE
I*.i Uencrai tjtnll tidiitftti He Hkadaat* a
fca*j ''*ine ill! W<1 .■ftinKtiiii. nl the h«pt->>*
in Mfui4hu>nitiK the ihattai'OKt toefoa' v
fflle Mm rynliay raiuiuiitii >d
the 15th day of April. Charles L Crura. liters was a good rha<ra*<oc the tnnHJn
Probate Judge for Caddo county made ling of a good town'aaamtfcr 'g)yv«)m
cash entry No. 14 for townsite pur-1 deposits. They secured
poses in trust for the occupants of the! raent of the SW V4 SK St 4Q'i mK
said town, said entry embracing the SW ** S 3. said trtwnshtp.*11011 juid^'e dot 'iotlier*. llmMAlove
said tract of land range and on Saturday twIy-udyMarMit 1 Ht^litmiHinan bu.Itnoii wuntwui initlinfc
Affiant further alleges that the said j 1902. went went to th land unit jsnim imn'tuM ««> ifurifNT.i'Let Itbe
entry by the said Probate Judge wu thereafter staked the :*n>iwu* iid mrt «*' ion prnotmti >e I
not made for the use and benefit of! ected smooth wire fen<*wi«ttetan aatli'tich
the actual occupants of the said town! block as evidence cat odruiuuic*.' Re |t ■ \ cjeah ahlr* 1 often''hul a la;dlrtf:r*j
if Cement, but was made for the linquishnieiws of oth«i"taiii!aa-tr of noOantfeati • ir
use and benefit of C. O Blake E E. | cured and the townsite rtouslated.'08 _>f
Hlake F K Ricke\ I. (1 Hamilton 'he land above described: iw iarlti«i«d|i 1
and Jr. and that ihe, « 14
-aid entry by means of false and fraud- From certified copies of liofr iM tifaiu i^ .IT
j ulent representation* and for the pur- mitted with the specinl ageatts report^ ^ --r T* f)
s that lots th said nufcvo > ft St ' L> lit.
8LAKE ANO 3LAKE
Get the Pick of 1217 Choice Lots at
Cement
pose of speculating in the said land | it appears
I that the said parties procured the ! Cement have been trantifrarfx*inilatwlfcr&
Whereas 011 the 15th day of April. | signature* of 58 persons in which it | numbers In single dee.tb Mi one limiting ST
1902. the undersigned entered the W'as stated that the said persons were vidua!
Mr. Key. the contestant in support
of his affidavit, that the original town-
site of Cement was conceived in fraud
and carried out for private gain and
speculation, files the following deeds
to the original lots into which the
townsite was subdivided. The deed
of Charles Crum to E. E Blake which
is made exhibit "A" conveys
612 lots, which fact is relied upon as
conclusive evidence of collusion, fraud
and speculation. The next deed in
this strange transaction conveys 605
lots to C. O. Blake another alledged
party to the transaction.
TRUSTEE DEED EXHIBIT "A"
CHARLES L. CRUM. TRUSTEE
TO
E. E. BLAKE
Whereas on the 15th day of April
1902 the undersigned entered the fol-
lowing described land towit:
The Northeast quarter and the south
half of the Northeast quarter, and the
Northeast quarter of the Southeast
quarter of Sec. 3 in Town 5 in R. 9
West of the I. M. and other lands as
a townsite known as the townsite of
Cement, situated in Caddo county. O.
T„ in trust for the use and benefit
of the occupants thereof, and has
found that at the time of the entry
of said lands E. E Blake was the
legal occupant and entitled to the
occupancy of
Lots numbered 1 to 24 inclusive in
block 38.
Lots 1 to 24 in block 39.
Lots 1 to 24 in block 40
Lots 1 to 24 in block 41.
Lots 1 to 24 in block 44.
Lots 1 to 14 and 19 to 24 in block
45.
Lots 1 to 24 in block 47.
Lots 1 to 24 in block 49
Lots 1 to 8 in block 51.
Lots 1 to 24 in block 53.
Lots 1 to 24 in block 55.
Lots 1 to 24 in block 57.
Lots 1 to 24 in block 59.
Lots 1 to 28 in block 61.
Lots 1 to 24 in block 63
Lots 1 to 24 in block 65.
Lots 1 to 32 in block 67.
Lots 1 to 23 in block 69
Lots 1 to 24 in block 71
Lots 1 to 32 in block 73
Lots 1 to 24 in block 75.
Lots 1 to 24 in block 77.
Lots 1 to 24 in block 79.
Lots 1 to 16 in block 81
Lots 1 to 14 in block 83
folowing described lands towit:
Northeast quarter etc., known as
the townsite of Cement situated in
Caddo county O. T. In trust for the
use and benefit of the occupants
thereof and has found that at the time
of the entry of said lands C. O. Blake
was the legal occupant and entitled
to the occupancy of
Lots 3. 4. 9, 10 in block 28.
Lots 5 to 9 in block 29.
Lots I to 10 in block 30.
Lots 1 to 12 in block 31.
Lots 1 to 12 in in block 32.
Lots I to 12 in block 33.
Lots 1 to 12 in block 34
Lots 1 to 4 in block 35.
Lots 1 to 8 in block 36.
Lots 1 to 24 in block 37.
I>ots 8 to 12 in block 42.
Lots 1 to 9. 15. 16. 17. 18. 21. 22. In
block 43.
Lots 1 to 24 in block 46.
Lots 1 to 24 in block 48.
Lots 1 to 24 in block 50.
Lots 1 to 8 in block 52.
Lots 1 to 24 .in block 54.
Lots 1 to 24 in block 56.
Lots 1 to 24 in block 58
Lots 1 to 32 in block 60.
Ixjts 1 to 28 In block 62.
Lots 1 to 24 in block 64
Lots 1 to 32 in block 66.
Lots 1 to 24 in block 68
Lots 1 to 24 in block 70
Lots 1 to 24 in block 72.
Lots 1 to 32 in block 74.
Lots 1 to 24 in block 76.
Lots 1 to 12 and lots 14 to 24 in
block 78.
Lots 1 to 32 in block 80.
Lots 1 to 14 in block 82
Lots 1 to 14 in block 84.
Lots 1 to 14 in block 86 of said lands
according to the said survey and plat
thereof recorded.
Wheireas the said occupant has
paid the assessment, taxed occasioned
by the execution of this trust, now
therefore know all men by . these
presents, that the undersigned in
consideration of said assessments do
hereby grant, bargain sell and convey
unto the said C. O. Blake the above
described real property together with
all the improvements thereon.
Signed and delivered this 5th day
of May. 1902.
CHARLES L. CRUM.
Trustee for the occupants of the
townsite of Cement.
A true copy.
W. I. LACY. Register of Deeds.
lecupants of the town of Cement, and
that on February 24. 1902 said peti
thxu was filed with the said Probate
Judge. Affiant states that on the 24
day of February. 1902 there were no
actual occupants on said townsite,
that there was not a single building
upon the said tract of land at that
date, and that there was no improve-
ments upon the said land at that date
other than fences consisting of one
wire stretched around a majority of
the blocks in said townsite, that part-
ies to whom the lots in said townsite
were awarded by the said Probate
Judge were not occupants of the
said townsite. but were outside
parties, who purchased the said lots
for speculative purposes.
Affiant further states that said part-
From the evidence-utHaihuil ilr la.ni
the special agent cmici*Mai<MthvUfee
statement that the townaito of-<lrthi
was conceived by th*1 Origtaaturaiorad
has been carried out. itns'fcnhw
originators are concecnurt;iaS, tasu
latlon I11 support at tMstlnai«i™ t*Wil
testimony of C. O. BlaHWaJiadahM B.
Rickey given before" rafereft iMtrrtlaenk
Berlin vs Arnold, fcoptr >pf wftinNiicSi
submitted with the agetUtsirr^xiUpoirt
The agent further iconciidhlsidthatt
a combination was tuii*oitriaHiial>ai<ati
the inception of the :Mh«*r>'itir <tpei
a townsite; that the cimrtominina'ibas
continued from time M>-tUn<*.ai«l atl 5
It still exists with JbhtfokadiM H. i
Kennedy as the repr*iqwttafiit«aiv« t ] £3 St
Cement.
This office is of tjfe hpinlpnnifnonfci
Hafc.iMdVttdid
OnteteDtitor
SoMbrU
XX
Antiiifc Bgajpui
fR&Hfylfofnrj
I ?....Business*....I a
ies purchased the relinquishment of the evidence before it. tit;if !tht- Hiwtntvfc;
the homestead entryman for the Pur'| s|te of Cement was entrmeU-itet 6ne«t«jiey ^
pose of speculation, that they procur |a|ive purposes, lliat. lb'wtas mbH in6'tB E
ed the control of all of the valuable (n (n|s| f()r Ih(l |)eniSttt).,# tw- -nocio.
lots on the said townsite by means pants ,|u.reof. and in- itv *tol«tb>atioti[ XF
of fraudulent representations before | )aw
the said Probate Judge and have sold Townsite entries ar ill" traistri^
a number of them at great profit to j for ,|,e ,Jge and botuNM: tiWIimh ray ^ Ph(}tl6 n43<4.).
themselves, that the said lots are still j oupyjng n,e land and itdr 1nuitimnt«i y- gjjl
being speculated In by the said part- business and residenae'| miunuqw at 3
ies and their agents in furtherance (lm(l ()f ])roof aMd otitnyu'and inOt rd
of the fraudulent aud speculative P,ir" ^ for those whose occufwnmntey for Sp" tif-
poses for which the townsite entry j u|ation in town lotsi 1' Thi lOforrt'- 'ft* J |
was originally made. j prohate Judge has beeit-toduonirt rtd B
Wherefore this affiant in president I entry of public lamdajiftir fwwtup^u m aa . « 1 «
of the Hot I of trustees for the Mid purpose*, when %t tinirt of- prti-if. P ' jjflOflCy '! 10 ' tLOafT P
Incorporated town of Cement and I11 j an(j entry there wasvvao aocliuttanfc IB
behalf of the actual occupants and j flde occupat|on .it is the ttbtfylulfr tUstfl IS# ....QM.jrt II
residents upon the said townsite wk | 0mc<v to cancel such mnya'aiulaftHoB'.i.H H _ IBM
that a hearing be ordered in the said
case and that said occupants be given
an opportunity to prove the above al-
legations and that the said cash entry
No. 14 be cancelled of record
(Signed! R. N. DUOGER.
probate judge to make WiwnealiwitfTatf
time of such cancnllatiitat:thr 'lagnlaixd
occupied for the legitrajsttBiafSrwhsttns
purposes. The formernnrisaid*t Can-
celed because there is noiijUMlltiaUftml"
son to take under the trust;-nml:tBhlTith.'fH
Subscribed and sworn to before me I jore no one fo Whom the \TielJe lHeiki,
this 7th day of Atigust 1905. : lawfullv c< nvev tt>e lalslotj
THOMAS R REID ! Sal(1' entry is
by suspended. You willwil*rwr^ier-p
sonal notice thereof upouptta' -(la-r'Mf
Also
Re(fi?1 r
appeared at the same time
and place John Hays and W. R. Swim-
ey. who being duly sworn say that
they have read the foregoing affidavit
and know the contest thereof and that
the statements therein made are true.;
JOHN HAYS.
W. R SWIMEY.
i Subscribed and sworn to this 7th |
day of August 1905.
THOMAS R REID. Rush to WashinGto^' 1
! As soon as E. E. I Ha It ti ieartrat-'liiti >.*!
1 the contest papers hzul i
The Entry Suspended ! transmitted to the UiuiiJotssirtttorinat
Before either of the above contests ________
were filed the General Land Office at
mm
g BESESFEITMtfS
H LIBBRKL'^MINrS TB i#
ijl lo dclaf-i toioney
in interest, allowing thcfflithKt>,rLT>'« « the'dayj^l^Wakmk« « M
within which to applyiiftM" fcrtiaattnjcng ~ •
Thereafter you will prtxiiwit i«riam''jml'>JBI ipjHKdlWlllOfl. ■
ance to the circular o! AilgHstTtS:
Very Res| eetjutt# illy V Ife iSJ
w a fticHiAanatD^. ■ m Thihbiteit.e8tSttmte ■
C'oiiUi iBS oafin i ^ ^ m
e Jriist CoC * «
■ 0
J EL HENCEPQ).D
1BBIIIBBKB!
Lots 1 to 14 in block 85.
Lots 1 to 17 in block 87, of said land
according to the survey and plat there-
of recorded and,
Whereas the said occupant has
That all of the present occupants ; paid the assessment, taxed occasioned
of said townsite are located on other! by the execution of this trust, now
parts of said townsite than that em-1 therefore know
braced in affiant's application ex- presents
cept the nine shacks and dugouts on ; consideration of said assessments do
th south half of the land embraced hereby grant, bargain sell and convey
■ r iffiant's application Affiant further | unto the said E. E Blake the above
all men by these
that the undersigned in
The above contest of Mr Key. and I Washington sent Special Agent L. M
a copy of the original deeds to the Ax|jne 0f the Interior Department out
j to Cement to examine into the charg
• made at the
Blakes was filed this week, by Judge !
W. R. FVrownlee as the attorney for: ps of (raud ,hat
Key. Mr. Key is contesting for thej(lme
lands as a homestead. ; qh recejving the report ot the spec!-
The next day R. M. Dugger. mayor j a( agent, w A. Richards, the com
of the village of Cement filed through missioner of the General Land Of-
fice at Washington, wrote the follow-
! CI rTfflMO®^
L. Babcock his attorney a contest for
the same lands alleging speculation
and fraud.
CONTEST NO. TWO
By the Present Mayor of Cement
Oklahoma.
The next day after Judge Brownlee
filed the contest of Mr. Key. Lucien
Babcock filed a contest for R. M. Dug
ger the president of the board of trus-
tees of the village of Cement:
The following is the affidavit of
R M. Dugger. John Hays and W. R
Swimey.
ing letter relative to the fraudulent
entry of the Cement townsite.
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE.
Washington. D. C Feb. 10. 1905.
Register and Receiver.
El Reno Oklah^m*
Sirs: —
I am in receipt of a report date June
20. 1904, from Special Agent Axline,
from which It appears that some time
previous to March 1. 1902 F. E. Rickey.
C. O Blake. E. E Blake. E. G. Ham-
ilton. F. H. Peterson. W. R. ('anon and
others ascertained that the St. Louis
and San Francisco R R. Company
AFFIDAVIT OF CONTEST
Personally appeared before me Reg-
ister of the Land Office, R. M. Dug-
ger, who being first duly sworn upon
his oath says; that the town of Ce-
ment, O/ T. has been duly incorpora would build a railroad from ( hick-
ted, that he s the duly elected and I asha. i T. to Law ton Okla ; that the
qualified president of the Board of j line of road would pass through large ^
Trustees of .-tal i town, that he is | deposits of gypsum aud sulphate of
well acquainted h the above descri-
bed tract of land. \nd with the pre-
< )N t.O W Cl 'TSS!
We are flfoipK to sell aVeny.-pairt of ount.r*^^;
Men's, VVomun?ai and .Chiidttai'u Loiv., —*m--v
Shoes, and ara. niahitty: prprctf thatuwiUrtt^^
move them qu«jkty„iy.
Men's Stetson i)xf.'Pal' w lrafufl,4 1
Men's or nWMmmtat ^30 "> OxfbnfcrJsall
leathers;)
Men's or nVVftwuiniat' jU.W) H)xf>>nto.J •all H-^-g'
leathers; S2. tb.iS
Women's i2-50(>Kfi>rLte,iall iuathers ftl JWS:
—* '
See our HargaHvTtibtUs far cheapergradejL r-f
| H. R. Canon rj & Co ^
El Reno, O. T-
SlioerH ot th« Pco>h; t;
sent conditions of tile same, that on
lime, and that the Acme Cement Co..
of St. Louis. Mo., would handle the j
cement. Accordingly they decided i
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Reference the current page of this Newspaper.
Hensley, T. F. The El Reno Democrat. (El Reno, Okla. Terr.), Vol. 16, No. 31, Ed. 1 Thursday, August 17, 1905, newspaper, August 17, 1905; (https://gateway.okhistory.org/ark:/67531/metadc111512/m1/1/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.