Edmond Enterprise and Oklahoma County News. (Edmond, Okla.), Vol. 2, No. 15, Ed. 1 Thursday, July 5, 1906 Page: 3 of 8
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LAND GRANT CASE
RAILROAD COMPANY IS SECURING
WITNESSES IN EFFORT TO
RECOVER LAND.
WENNER BEAT THEM TO IT
MATTER WILL COME UP IN OCTOBER
Indians and Employes of Government
Have Been Subpoenaed—This is the
Case Where Governor Hoch Allowed
State's Name.
MUSKOGEE: The case or the
Missouri, Kansas & Texas Kailroail
company against the United States ii
which tha railroad seeks to recover
every alternate section of land for
twenty miles on each side of the rfeht
of way from the Kansas line to Texas,
amounting to approximately four mil-
lion acres of the choice agricultural
land in the Indian Territory, will be
heard In the supreme court of the
United States, sitting at Washington
on the first Monday in October, 'l'hfj
following named persons being In-
dians by blood in the Indian Terri-
tory, have been subpoenaed:
P. Porter, principal chief of the
Creek nation; Wm. Fisher, Joseph
/isher, C. L. Bonham, Michael Fitz-
patrick, Jennie C. Fitzpatrick, Geo. P.
Roth, Samuel Johnson, Elmer John
son, Jno. F. Ingram, DaVid Whitlow,
Alex Posey, W. N. Moore, Tenny Cor-
nells, John Jefferson, Henry C. Keed,
Sam Grayson, Geo. Malvern, A. J. Bt/-
rvhill, Wattie Yahola, Geo. Marsha.*,
Hobert Bruno, Sarah A. Ashhlll, and
Geo. W. Grayson, Papoleon B. Moor ,
Connie Murphy, David A. Lee, Geo.
Garty, James Childers, W. B. Rogers,
the following men, being in the gov-
ernment service have been sub-
poenaed K. A. Hitchcock, Francis E.
l^eupp, Tams Bixby, J. G. Wright ano
Dana Kelsey. This is the celebrated
case which is now campaign material
for the Kansas election in November
owing to the fact that Governor Hoch
permitted the use of the name of the
state as a party to the suit at the re-
quest of the railroads.
STILL HOLDING BACK.
Some Allottees Wiil Not Make Filing
Or Give Correct Names.
MUSKOGEE: "There is not on an
average one filing per week on Chero-
kee alottments now, and the wornv
of allotting all Cherokees, except the
new borns, is practically completed,"
said W. S. D. Moore, in charge of the
Cherokee land division.
There are about four hundred Chero-
kees who have not been allotted and
there are about one hundred that may
never be. Of the first mentioned the
large per cent are minors, Cherokees
and freedmen. The latter are Night
Hawks and cannot be found to make
a filing, or cannot be identified on rolls
of the commission. The difficulty in
getting these Night Hawks filed is
that they refuse to give their names
even when run down by a squad of
horsemen working on allotting for the
government. The Night Hawk will
duck into the brush when he sees
a government man and if he Is cor-
ralled ne sulks and refuses to talk to
the interpreter. Then when his
neighbors are questioned they call him
by some name other than his own on
the rolls and he cannot be identified.
These Indians have improvements of
some sort, most of them, and event-
ually they may be filed on this land,
but it will be through no assistance
of their own. This utter disregard
for the opportunity to get a farm free
is something that a white man can-
not understand.
Oklahoma School Land Board File*
on Vacant Land
GUTHRIE: By prompt action on
the part of the school land board or
Oklahoma, the greater portion of a
million acres of vacant land has been
saved to the new sfate. Secretary
Fred L. Wenner, of the territorial
school laud board, lias returned trom
Woodward county and Assistant Sec-
retary Cunningham is in from Law-
ton.
Both have been making the rounds
of the various land offices of Okla-
homa during the past week, and have
filed upon about 1.00(1.0(10 acres of pub-
lic lands, which, according to the pro-
visions of the statehood BUI, W<-1
set aside for the use of the colleges
and universities of the new state. 11
the board had delayed action until a
later date, most of this land would
have been taken up by immigrants
from other states who have alreadj
begun to flock into Oklahoma with a
view of taking up all tho publle land
that had not Deen previously hied up-
on. The school land department thus,
has the distinction of having carrl<#i
out the first official busln(us of the
new state.
"I am inclined to think at this time
that the school land board will not
lease any of this land until the state
has been fully organized,'' said Sec-
retary Wenner, "so that the question
of its leasing or disposition can he
taken up at once by the first legisla*
ture and disposed of separately from
the other school lands of tho terri-
tory."
ipsTO
,.,.,.-^5^^1-9
••
WORK BEGINS.
NO LEGISLATURE
BILL BEFORE CONGRESS TO DO
AWAY • WITH BI ANNUAL
SESSION.
GOVERNOR TO CONTRACT ALL EXPENSES
YOUNG POSTOFFICE ROBBERS. *
Two Small Boys Secured $5,000 in
Checks From Tulsa Postoffice.
TULSA: The police department
gave out information of a theft ot 1
postoffice matter from the Tulsa post-
office by two small boys, neither ovei
ten years of age. The value of the
property taken from the postoffice
boxes aggregates 15,000 in checks and
drafts, all of which was recovered
by accident.
The boys, who have not yet beei.
Identified, took a large quantity o: '
mail from the various lock boxes, and
among the articles was the package ,
containing checks and drafts con- I
signed to a local bank.
The boys opened the package, se- '
lected a large draft and presented it I
to the City National bank for pay- 1
ment. The cashier suspected theft, ;
held the boys and recovered all of tht
stolen property. Many letters scat-
tered on the streets after being opened i
by the boys and discarded, were re-
covered. The boys were allowed to
go and now the police are unable to j
identify them. On account of no
method of punishment, the laws of
the territory being deficient, there is
not likely to be any prosecution unless
the government takes the matter up.
The government has inspected the
local postoffice fixtures and has con
demned them and ordered new ones
installed, the present equipment be-
ing so Inferior patrons cannot lock
their boxes.
AVERSE TO THE TRUSTS.
Movement to Secure Drastic Restric-
tions in Oklahoma Constitution.
OKLAHOMA CITY: It is probable
there will be a hard fight to have
•strong anti-trust laws inserted in the
constitution for Oklahoma when t*""l
convention meets. A movement has
teen started here to have men ot
rational reputation come to Oklahoma
and stump the state in an effort to se-
cure men for the constitutional Con-
vention pledges to put laws in the
constitution absolutely prohibiting the
formation of a trust of any character.
The hardest fight ever known will
l-e made to make the constitution ot
Oklahoma a model in regard to antl-
trust laws.
SECURED THE REMNANTS.
Several Land Lots Added to Oklahoma
School Holdings.
ALVA: J. C. Grner, of the terri-
torial school land office, has just fin-
ished filing on all the vacant land
in this county under the provisions ot
the statehood bill, donating 1,500,000
acres to Oklahoma territory.
The number of acres of land filed
on in this county for the territory
is about 40,000 acres, leaving not a
foot of vacant land in the county.
The financial results of Mr. Orntr's
work are hardly commensurate with
the expense of the filing as every foot
of tillable or grazing land in Woods
county was filed on by settlers years
ago. All that was left in the 40,CJU
acres was a few fractions of pure sand
along the Cimarron river, and the
salt reserve. The entire acreage filed
on would not bring flOO in the n|ir-
ket.
NO GOVERNMENT BUILDINGS.
Muskogee Making Effort to Secure a
Public Building.
WASHINGTON: Robert. L. Owen
is making an effort to have the senate
insert a provision in the public build-
ings bill, which has passed the
house, for a public building at Mus-
kogee, to cost $225,000. Senator Stone
of Missouri, has charge of the amend-
ment in committee and Senators Clay,
Culbertson-^nd McCumber have prom-
ised to support it. He has not yet
secured a majority of the committee.
If it fails in committee, Senator Stone
will offer the amendment on the floor
of the senate. Mr. Owen points out
that Indian Territory is without a
single government building.
Working of Districting Territories fo.
Constitutional Convention to Be
Taken Up Soon—Judges Gill and
Clayton Selected.
GUTHRIE: Charles H. Filson, ter-
ritorial secretary and chairman of the
territorial committee, has returned
from Washington, where he went sev
eral days ago to confer with Secre-
tary Shaw and others regarding the
expenditure of the $100,00* appro-
priated by congress for defraying the
expenses of the constitutional conven-
tion. As secretary of Oklahoma, Mr.
Filson will have charge of the dis-
bursements. He is also a member oi
the board, which will district the ter-
ritory for the election of delegates ti.
the convention, iiiul said that the first
steps toward the districting would be
taken in the near future, when the
districting boards of ine two territoi-
ies will hold a joint session to agree
upon some general plan of work.
In regard to an extra session of the
Oklahoma legislature for the purposu
of making appropriations to carry the
territory over until statehood becomes
effective, Mr. Filson said: "No extra
session will be necessary If the amend-
ment to the general appropriation bill
passes, which provides among othe'V
things that the governor of Oklahoma
be authorized to contract for all nec-
essary expense after January 1 until
statehood takes effect. This, I be
lieve, will pass. It will mean simply
that a deficiency will be created which
the fiist legislature of the new state
must make good. This amendment also
wisely provides for the elimination ot
general elections in Oklahoma this
fall."
Because of the pnssnge of the state-
hood bill, the appropriation by con-
gress for the maintenance of the fed-
eral government in this territory is
not required, and tue amount which is
generally appropriated for this pur-
pose was ordered turned back into the
treasury. This would mean that there
would be no funds for the offices ot
the government and secretary of the
territory, after January 1, and this
caused Mr. Fil3on, as secretary of the
territory, to run a very narrow es-
cape, as it would have eliminated the
$11,000 per annum for the running or
his office. He immediately wired to
\\ ashington and the matter w;a*
straightened out. Otherwise, he would
have had to run the office after Jan-
uary 1 until statehood became effec-
tive without any expense account
whatever. t
In regard to I he designation of two
Indian Territory judges to serve on
the board which will district that ter-
ritory for the election of delegates to
the constitutional convention, Presi-
dent Roosevelt conferred with Senator
Ixmg of Kansas, as well as with Con-
gressman McGuire, Mr. Filson and
other OUlaliomans. It was the eager
desire of Mr. Long that Judge Gill
of Indian Territory, be designated as
a member of the board, and it was
at Ixing's suggestion that tho ex-Kan-
san was named. In naming the other
judge, it was n matter of tho one hold-
ing the oldest commission, and in this
Judge Clayton had Judge Townsend
beaten, by from May to August. Mr.
Filson says that President Roosevelt
had overlooked the matter that the
statehood bill gave him the appoint-
ment of the members of the board in
Indian Territory.
Commission Appointed to District In-
dian Territory Organized.
MUSKOGEE: The commission ap-
pointed to district Indian Territory
held its first session here Saturday and
considerable preliminary work was dis-
posed of. Judge Clayton and Judge
j Gill held a conference with Commis-
sioner Tatns Bixby at his home. Mr.
Bixby will be chosen chairman of the
commission, and Muskogee was de-
cided on as the place for holding the
meetings. The commissioners have no
direct way of judging the time re-
quired to complete the work, but say
that at least six weeks will be con-
sumed and maybe two months. A
meeting will be held July 9, and from |
that time on the commission will meet
once a week, the sessions lasting for
several days.
Maps prepared by Mr. Bixby were |
gone over and a general review of tho 1
situation made, although tho commis-
sion has not decided just what plan .
will be pursued. The first work before
it is learned as nearly us possible, the
population of the various sections of
Indian Territory. Dawes commission
maps, showing the townships, will tie
used In this. Tho members or the
commission will travel over a great
deal of the territory getting from the
best obtainable sources the popul-
ations of the various sections.
'ftiere will be no lines drawn to
lay out the districts until the com-
mission is satisfied that it. has an ac-
curate estimate. After tho population
is learned, in regard to the various
sections, the work of re-districting will
begin and the commission will remain
in continuous session here. There
will be open and executive sessions.
The commission will listen to the sag-
LYNCHED
JOHN FULLBRIGHT SUFFERED
DEATH AT HANDS Of IN-
FURIATED MOB.
FIEND CONFESSED HIS GUILT BEFORE CIRL
OPENING POSTPONED.
Date of Sale of Big Pasture May Not
Take Place Until September.
LAWTON: Register H. D. Mc-
Knight of the Lawton land office, has
received word from J. T. Massy,
chief clerk of the general land office,
at Washington, stating that in al>
probability the land opening here
would not take place until September,
as Secretary Richards Is now in Wyo
ming and would not be back to look
after It until that time.
WARSHIPS MUST OBEY.
Same Quarantine Regulations Will Be
Required As of Other Ships.
NEW ORLEANS: Warships from
suspected ports which enter the Mis-
sissippi river this summer must sub-
mit to the same quarantine regula-
tion as any other vessels, according
to a decision of the Louisiana state
board of health. It was decided last
night that the two French cruisers
which are expected here from Cuban
ports for the French ceiebratioon ot
the fall of the bastile on July 14, must
be fumigated before leaving Cuba ana
must not pass the Mississippi river
quarantine until six days have elapsed
after the fumigation, or tailing to
this, they must be fumigated upon ar-
rival at the quarantine station and
he at anchor there for six days before
coming to New Orleans.
According to the final report of the
territorial board of equalization, the
total railway property in Oklahoma
for assessment amounts to $12,680,518,
as against $11,926, 315 last year, an
Increase of $744,203. Pullman prop-
erty is assessed at $42,858.
Konawa Wants to be County Seat
KONAWA: A mass meeting was
held at this place a few nights ago in
the interests of this place to be made
a county seat when the new counties
are arranged In this part of the new
state. The citizens are enthusiatlc
and have subscribed quite liberally to-
wards a fund to carry on a campaign.
INHERITED LAND SALES.
Large Amount of Indian Lands Can Be
Sold Under New Rules.
MUSKOGEE: "One-fourth of the
allotted land in Indian Territory is
inherited' land or 'dead claims,' anii
as soon as the rules under which
it can be sold are published one-hair
of this will be placed on the market.
The balance of it will doubtless be on
the market in a very short time," sain
Major John B. O'Neill in charge or
the land sale division.
Under the act permitting the sale
i of inherited lands through the union
] agency at Muskogee, all lands that
j were allotted to deceased citizens or
j those who have since died, are made
salable. This includes all nations and
j all persons whether or not they are
J full-bloods or minors. Such lands
| must be posted by the heirs at the
. Union agency for sale, and if the de-
| ceased owner of an estate was a full-
! blood or minor, the sale will doubi
| less have to go through a process of
j court, depending entirely upon the
| rules that will be promulgated by the
1 department of the interior.
The homesteads of deceased allot-
j tecs can be sold under this law and
I the reason that the greater part ol
the inherited lands will be placed on
the market is because this is about
the only practical way to close up
an estate. Prior to this, land sold
at the agency was limited to the
'.'reek nation.
Yearning of a Lazy Man.
Architect—Have you any ideas you
wish embodied In the plans?
Sufferer—Yes, I wish the windows
so placed that my wife can't possibly
think that it is raining In all ct them
' at nlirht.—N. Y. Sun.
Voung Wnite Girl Accosted by the Ne
gro Who Threw Her Down and
Raped Her—A Race War is Prob-
able.
NORMAN: John Fullhhiod, a ne-
gro who said he was from Paris. Tex.,
was lynche«ir at four o'clock Sunday
morning near Wouiach, for a rape com-
mitted on a little daughter of Ira Rob-
inson, a farmer living near that place.
On Friday ni^ht tho father of the
girl and the rest of her folks went to
visit a neighbor and tho girl, whose
name is Mary, was going to spend tho
night at a neighbor's. Silo started
aoro*s a coin field about evening when
she was accented by a negro who first
asM I her if she knew where he could
get a job of chopping cotton. She
told him where lie could and there-
upon he grHbbt d her by the arm and
assaiut.'d Iter. News was soon spread
over nil (his vicinity ami men ami
bloodhounds were soon on his track.
He was caught by John White and a
man by Uie name of McCowan, near
Rradley, and was taken to Womack,
where a crowd of about 300 men ana
boys had collected. He was taken to
! the girl and she identified him as
soon a:! (lie light Hashed into his face.
He afterwards confessed and was
gestions and complaints or the general to «i large oak tree about twenty
public, appearing in de.egattons and ™ven miles west of Womack, when
singly in open session. While their he was hanged. When he was nearl:
singly, in open
suggestions will be considered by tho
board in executive session it will be
the policy of the commission to listen
to the public.
The commissioners will not at thin
time advance any Idea as to how the
districts will be made, as the preiim-
dend his body was taken down and
fire kindled under it. Before (lie rope
was tied about his neck he confessed
and pleaded for mercy. The tire soon
consumed his body and all that was
left was a pile of bones. A hole was
dug and all the ashes and bones were
lnary work is not completed. Thorn gathered up and buried. All that
are to be fifty-live districts and each marks this grave is two sticks and a
must contain as nearly as possible the P e of trampled earth A telephone
message received here from Womack
1 1 ' _ I ,iays the negroes are gathering there
MtcTiur FAvnR 'n lcrge numbers and a race war Is
MEETINGJWITH FAVOR. , exj|ccted Th(, wllll(,H are ,eavlng hcro
heavily armed In large numbers and
Large Number of Indians Want All
Restrictions Removed.
CHICKASHA: Judge Cusey, rep-
resenti-g the Indian agent, Mr. Kel-
sey, has been here for some days
hearing applications for tho removal
of restrictions from tho sale of Indian
lands. Under the leases of the re-
cent Curtis act, only mixed bloods can
have their
all southern Oklahoma is in a fever.
DISTRIBUTION OF FUNDS.
President Has Signed Bill for Dividing
Osage Money.
WASHINGTON: The president has
.jlgncd the act providing lor the distil-
restrictions removed. I b„t|on „f tlic funds and lands ot the
About forty applications were re- q8 e jnman nation In Oklahoma and
ceived here. Judge Cusey Is com- |
pleting a tour of the territory, during
under Its provisions the interior de-
partment will during the near future
j proceed to apportion tho wealth of
tlio richest people per capita on tho
I face of the globe.
I Tho Osages have been endeavoring
for the past two years to secure the
! passage of such an a t by congress.
But for the adjournment of the last
congress when it did they would havn
had their hopes realised and been in
possession of the pro rat i shares in
_ . ... ,, the division now. Captain Era n it
The Old Man Perjurers Himself and | now governor of Oklahoma.
which a total of about one thousand
applications have been heard from and
he will begin another tour as soon
as this one is finished. As most fit
the applicants are a good class of citi-
zens the probabilities are that their
applications will be acted upon favor
ably by the department.
SON ARRESTS FATHER.
Sells Son's Land.
was formerly agent for the Osage na-
MUSKOGEE: What appears to ho tl( nn(1 came t0 washington a yea
one of the most remarkable records w)n(rr w,)h ,)ti| 1)Iovi(n„K
of false representation and perjury in , f*p |h(, dl8tributIon. Th„ bill was a ti-
the courts of tills district developed , .)roved by the department of the in-
here when David Overton made com-
plaint against his father, William E.
Overton, charging that the latter had
sold land that belonged to the for-
mer.
David Overton Is a Creek allottee
and is nineteen years old. Some
months ago William E. Overton went
before the court and made application
to he appointed administrator of the
estate of David Overton, his son,
whom he said was dead, and he had
witnesses with him to prove it. He
was appointed administrator of the
esate and secured a court order to
sell the land. The land was sold and
Overton got the money. The white
man who honght it took possession
when David Overton showed up and
ordered him off the place. Young
Overton then came in and made com->
lor and was reported for passage
by the house committee on Indian
affairs, but was left on the calendar
at adjournment.
This year the nation sent a nil!
prepared, by themselves along the
same lines and approved by a majority
of the nation. It was prepared in
consultation with the Indian bureau,
but a few amendments were recom-
j mended by that bureau after the In-
dian committee had submitted it to the
j officials there.
j The hill is satisfactory now to the
1 Osages, the department and 'he pres-
i ident, who has approved it. The only
i opposition to It at any stage was from
I tlie Big Heart, faction of the nation,
1 but it amounted to little.
I The Kaw Indian* of Kansas worn
the first tribe to ask the government
plaint against his father who is some* , f th<j allotlnent of the|r lands and
times'known as William E. Johnson. I fun(lg Thcy wore induced to take
this step by Representative Curtis of
The telephone system at Cleveland
has ben purchased by the Pioneer
company.
CATTLE RUN AT LARGE.
Kansas, a member of the tribe him-
self. Before that allotment had invar-
iably been forced upon the Indians but
Mr. Curtis showed the people of his
tribe that it was to their advantage
to take allotments and develop their
own lands.
LOVE FOUND A WAY.
Several Thousand Head Now Roaming
in Big Pasture.
LAWTON: Three thousand south-
ern cattle are now being pastured
and herded In the Kiowa Comanche ! withholding of Bride's Trousseau D d
pasture reserve contrary to law. The j Not stop Wecjding.
cattle are trespassing upon the lanu , RUTHRIB: citizens or Enid have
in cultivation under the agricultural j . , , ...
..." , been having a merry time this week,
leases. Many complaints have been | . .. . . „
registered by the lessees with (He aB tho ™BuIt of the arre8t of Roy
Indian agent, Mr. Blackman, at Ana- | t-haney, a recent bride-groom, who is
darko. Instructions were issued to the j charged with assaulting C. Lowen-,
sub-agents in Comanche county to go | stein, a wealthy and prominent ®er-
to the "big pasture at once and as- chant. Chaney's bride was Miss Eliz-
certain the number of cattle, to whom j abeth Mlttestaedt, a member of Low-
they belong and when they were ; ensteln's household, and for some rea
brought there." All cattlemen's leases 80n Lowengte,n objerted t0 the matc(l
have long ago expired What action and 80ught to
the intprlftp f'pnartmpnt will tal/o ti. , . ., . ,, J **
to allow tlio girl h wedding clothes
j to be taken from the house. She re
, ported to Chaney, who bought a new
the interior department will take to
prosecute these violations is not made
public.
Over nine hundred Indians of the trousseau and the wedding occurred
Kiowa, Wichita and Caddo tribes are on sche<Juled time. Having obtained
assembling at Anadarko for the regu-
lar annuity payment by the govern-
ment. Agent Blackman is superin-
tending the payment. H'ach Indian
will receive abnut fortv dollars.
a wife, Chaney then waited upon Low-
enstein and demanded her clothes.
Trouble resulted, followed by the al-
leged assault on I^owensteln by the
bridegroom
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Edmond Enterprise and Oklahoma County News. (Edmond, Okla.), Vol. 2, No. 15, Ed. 1 Thursday, July 5, 1906, newspaper, July 5, 1906; Edmond, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc140309/m1/3/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.