Oklahoma State Register. (Guthrie, Okla.), Vol. 19, No. 49, Ed. 1 Thursday, March 16, 1911 Page: 1 of 8
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1
Oklahoma State Register.
NINETEENTH YEAR
No.49
GUTHRIE, OKLA., THURSDAY, MARCH. 1(5. 1911
further and other pleadings as the 6. page nine, line 9, by striking out
C_1 „1 T „ „ 1 T CL\ ! parties may offer The proceedings "within the State of Oklahoma." and
OChOOl Land LCSSCCS Vjiven Vw/pportunity to and trial shall be th,. same as provid- insert "each Congressional district in
„ —, , y J T J , ed by the code of civil procedure in the State ot' Oklahoma." Adopted.
Uwn 1 heir Leased Lands* jjM state in ordinary civn actions Mr Ktng moved t0a,, w gec_
, . ""'" may appeal from the judgment of the rlght 't0 . 'for |aod ^ in r^°„ at
Among the important legislation land office shall have and are hereby j district court to the Supreme Court
completed thi9 last day of the ses- given power, on their own motion, and of this Stat • in the same manner
any annual payment." Adopted.
sion was that authorizing sale of all
remaining school land, amounting
to about 1,400,000 acres, including
the common school grants. The house
added a provision requiring a major-
ity vote of the people, but tills was
eliminated in the confer nee commit-
tee for the motion, it was stated, such
amendment would not be of legal ef-
fect. Both houses accepted the r port
without opposition. Among the pro-
visions, purchasers are given right to
either pay cash for the land, or he
ma y have forty years' time. lessees
have a preference to purchase all
the land they hold, and the commis-
sioners may conduct sales in two or
more counties at this same time.
The following bill, with the amend-
ments attached, was passed:
SENATE BILL NO. 122.
(As Amended by Committee.)
By Barefoot, Anderson and Gould-
fng.
A bill entitled an act providing for
and authorizing the sale of certain
lands, to-wit: Sections 13, 16 and
36, Granted to the state of Oklaho-
ma by an act of Congress of the
United States, approved June 16th,
1906, and Sees. 13 and 33, in Greer
County, Oklahoma Territory as it
existed on the 15th day of Novem-
ber. 1907, and providing far the ap-
praisement of said lands and im-
provements before the sale thereof
and the method and procedure in
th.? appraisement of same.
Be it enacted by the people of the
State of Oklahoma:
Section 1. The commissioners of
the Land Office shal1 sell, dispose of
and convey as provided by law for the
sal ■ of school and public lands, ex-
cept when the same conflicts with the
provisions of tins act, the folowiiig
desc.ibed lands, to-wit:
All lands owned by this State and
embraced and contained in Sections
13, 16 and" 36, granted to the State
of Oklahoma for school and education-
al purpos-s, under and by virtue of
the terms
the laws of this state provide for ap-
peals in civil actions from the district
court to the Supreme Court.
Sec. 4. Any persons having a leas
on any of the lands herein authorized
to be sold shall have and is hereby
given the preference right to pur-
chase all of the same at the hig est
bid at the time of sale or in the event
no bid is r reived therefor at the ap-
praised value.
Sec. 5. The lands herein author 'el
to be sold shall be offered f r ■('•>
within siv months from t dat> c f
the approval of t t? apprais ment '
same, or in case an appeal is ti', ken
from the order of the Commissioners
The
ommttt
r E B
Ppoint .
.us and
insert
retjurit
for good cause to set aside any ap-
praisement on any tract of land or im-
prov ments or either, and cause the
same to be reappraised; Provided, that
the Commissioners of the Land Office
shall not have authority to change
tlie appraisement as mail by the ap-
praisers by making a general order,
either by raising or lowering said ap-
praise nif.nt.
Said commissioners shall, before
the appraisement of any tract of land
and improvements, or either, be-
com s official, approve the same by
proper rccord entered in their min-
utes. Before the Commissioners of
the Land Office act upon any appraise-
ment of land or improvements or eitiii-
er, they shall cause a written notice
giving the value of the land and the
value of the improvements as return-
ed by the appraisers to be served on
the lessee, and notify such lessee, that
at a certain time, which shall not
ba less than fifteen days from ser-
vice of said notice, the appraisement
of the land upon which he holds a
lease, together with his Improvements
will be presented them for approval.
Said notioet to be served on the les-
see by mailing same to him at his
post office address. On or before the
day fixed in said notice the lessee
lall have the right to file his peti-
tion in writing, prot sting against
the appraisement of the land and im-
provements or either as returned by
the appraisers, said petition shall
be verified as true by the 1 saee under
oath or affirmation and upon the filing
of such petition by any lessee the
Commissioners of the Land Office
shall at a time to be fixed by them
and upon notic to the parties inter- j
este 1. pro< eed to 'hear and determine i
sue1'; protest and hear and consider j
any competent evidence offered and -
produc d either for or against said Q.* office, approving the ai
petition. Said Commissioners of the, praiaement. as provided in this act, j MjnFIai Wells
land office or any member of said com- ]amjs an(j improv mefits shall be j
mission, upon any hearing on any | oftered for sa|e and soni within six
FOUND GUTHRIE MINFIUI. WAT-
ERS STTERIOR TO MINERAL
WELLS. TEXAS AND
OTHERS.
v u-
Guthrie's Capital Case May be. ,v- inced for
Argument Before the Supreme ^ rt of
the United States Next Monday.
■.Hi rd Asks
Capital
Prompt lks|hsol
Matter !>y Court.
C s. Petty, city
er an.I Joi n Go-
Hut, Springs, Ai
i t Guthrie's tu
1 last Siturda
niittee f un.l that by analysis Guth-
WasMngton, D. C. March 13.—John
il. Burford, counsel for Guthrie toda\
irn.a ly implied to the supreme court
i \ tit l'u ted States to advance for
art>,'.ni nt and submission the Guthrie
Oklahoma city F.tat capital case now
pen. ng in tee court on a writ of er-
nr. The court probably will an-
ii lim e its dcision next* Monday. To
fa 1 to advance this case says Judge
Burford means that the case will not
be disposed of prior to 1913, the date
when the congressional limitation as to
I
AN EVERY DAY SCENE
GUTHRIE MINER VL WELLS.
rie waters are superior to these of the location of the state capital will
petition or protest shall ha\e and are I mtmths from the date of the
hereby given the power to adm.n:ster ju<jgment; Provided, uowever, for good j Gutliri
oaths to witness s and talce affidavits j
Texas, and that
I the virtues of the waters and h
final | conditions warrant the pr
both
leral
Jktion that
greater health
of oftVi—
ind provision of an act of to petitions and other instruments Qfflee ma,. ext U(| ti e t m
Congress of the United States, ap- filed with them in any protest against jug the ,and for gale for a 1)eriod
Upon a hearing
j cause, the ( ommissioners of tiie Land amj pleasure resort than either and
expire an:l the confusion and uncer-
tainty now attending a'l public acts
In til state during a further period of
two years will continue to exist,
The cai-' should be advanced, con-
tinues conns 1 for the further reas-
i be of use in
I waters. The
Guthr.- '3
commute
ter such orders relative thereto as
may be justified from the facts and
the law. The action and
the Commissioners of the Land Offic
r lative to and affecting the appraise- Office shall advertise such sale
ment of improvements shall be final j publication in one newspaper ot g n- j
unless the lessee within thirty days' eral circulation within the State of a complete report > .he lamber ot
from the making of the order no- Oklahoma, and also in one county pa- i ommerce next Monday night.
tifies the said Commissioners that he ; Per of general circulation n ithin the
appeals from such order to tin dis- j county in which any of such lands are OkLAHOM \ EDITOR
trict court of the county in which the, s.tuate. Such notice shal state th j FOIND
land is situate; Provided, that any I time and place of sale and the quant-j
citizen of the State may appeal from 'ty of land to be sold in each count>
' and that full particulars of sale can
the
proved June 16th, 1906, and com-
monly known as the "enabling act,"
and a'l lands embraced and contain-
ed in Sections Thirteen and Thirty-j 0f the Land Office shall mak and pn" 1Jralsement alld the date of s>
three, in original Gr.er Countty, in
the Territory of Oklahoma, as it ex-
isted on this loth day of November,
1907; subject to such limitations, ex-
ceptions, conditions, rules, regula-
tions and instructions as provided in
said act of the congress or the Unit-
ed States, approved June 16th, 1906.
and commonly known ae the enab-
ling act,"; provided in the event of
any of the lands hereinbefore describ-
ed are valuable for mineral, which
term shall also include oi1 and gas,
the saiiKJ shall not be sold as herein
provided, but shall be conserved as
provided for by the terms of said en-
abling act, and the laws of this state
and provided, futher, that in the event
any of the lands hereinaft r describ-
ed are more valuable for townsite pur-
poses than for agricultura1 purposes
same shall be reserved from sale and
shall not be sold or disposed of under
the terms and provisions of this act,
and, provided, further, that the com-
missionrs of the land office shall re-
serve from final appraisement and
sale all lands in the counties of Beav-
er, Texas and Cimarron unti1 after
the artesian t'St wells have been drill-
ed, as provided by House Bill No. ,
approved February 21st, 1911, and
thereafter the lands in said counties
herein or heretofore authorized to be
sold, shall b.' appraised and sold at
the discretion of the Commissioners
of the land office.
Sec. 2. Before any of said lands
and the improvements of the lessees
thereof shal' be off red for sale and
Bold the Commissioners ot the Land
Office shall cause to be appraised in
160-acre tracts or less by three dis-
interested appraisers to be selected by
said commissioners. Said appraisers
before entering upon their duties shall
take and subscribe the oath required
by State officers. Said appraisers
shall make a true appraisement of
said lands at the actual cash value
thereof, exclusive of all improve-
ments, and shall separately appraise
all improvements at their fair and
reasonable value.
Sec. 3. The Commissioners of the
T!i
be of greater commercis
any appraisement. Upon a hearing > six months more> but i„ no event Icommlttee has-secured
on any petit\ n ,protesting against j ghaU ^ be a longer time than one j of the commercial value to the two
any appraisement the (ommissioners j.ear |( tween the approval of the ap-' cities from its waters alone, the char-
j acter and cost of bath houses, the
Sec. 6. Before seliing th lands and j yearly attendance of visitors and much
orders of | Improvement herein authorized to b | other matter of ii.formation that will
sold the Commissioners of the Land
In
will present
orders fixing appraised value of
lands in the manner as herein pro-
vided for app als by lessees on ap-
peals from appraisements fixed on
improvements.
Within thirty days after the making
of such order from which the lessee
appeals the lessea shall execute and
file with the Commissioners of the
Land Office, and to be approved by
said Commissioners, a bond payable
to the State of Oklahoma, and two
good and sufficient sureties, in an
amount to b3 fixed by said Commis-
sioners, which amount sihall not be
less than $50.00 nor more than $150.00
conditioned that said appeal is not
taken for delay, but is made in good
faith and that if he fails to properly
prosecute his appeal to final judg-
ment, or in the event any judgment is
rendered against him on said appeal
that he will pay the same and all costs
or so much of the cost as may be
taxed against him by the court. Up-
on thie filing and approval of said
bond and within sixty days the said
Commissioners shall cause a trans-
cript of all proceedings in the protest
together with the files and appeal
bond to be transmitted to the clerk
of the district court of tihe prop r
county, and upon receipt thereof the
clerk of said court shall docket the
same as an original action and the
lessee shall file his verified writt n ex-
ceptions to said appraisement appeal-
ed from within thirty days after the
receipt of notice thereof and the
same shall stand for trial de novo.
The district court or the judge there-
of shall have the power to allow such
be obtained from said Commissioners
of the Land Office upon application;
Provided, also, that the said commis-
sioners shall, in addition to such ad-
vertising, have printed in pamphlet
form for free distribution, a com-
plete list of the said land3 by coun-
ties and townsihips, giving a descrip-
tion In brief of each tract with the
improvements, setting out the separ-
ate appraisements of the same.
The following amendments are ad-
ded to the bill above:
Staler Paper Forced to Advertise
Return of Pilot.
on th;;t if the art of congress is h'nd-
ietailed data ing then the executive, legislative and
to the two judicial departments of the state gov-
ernment are now conducting the
governmental functions and transact-
ing th public business at a place
which is not the seat of government,
while tl.e constitution of the state
exploiting its specifically requires a'l these acts to
be performed at th seat of govern-
ment. If our legislative acts, judg-
ments and decrees of the courts and
acts of the executive officers and de-
partments are void, or even clouded
the results are so appalling and wide-
j spread" as to effect the general public
throughout the entire United States.
( \N'T 1IE
mr
Stigler. Okla. March 13,.—The
tor of the Haskell County leader Is sharp
Great interst attach s to the lttiga-
! tion because of the states rights' fea-
e<li-,ture which is calculated to draw a
division between the northern
lost. The paper admits so its If in
this week's issue. The aforesaid edi-
tor is B. Wilson Edgell who asked for
a leave of absence a week ago. He
said he would return in two days, but
has failed. Th? Leader makes the
announcement that "if he is still liv-
and south rn members of the supreme
court just as did the case in the
supreme court of Oklahoma when
three justices with southern ante-
cedents sustained the state in its
transfer of the capital from Guthrie
to Oklahoma City before 1913, the date
turn hi mto this office unhurt and
unsoiled we will reward you with a
round dozen, good, sound marketable
Mr. Wright moved to add in Section egKS for breakfast the next morning.
9, line 5, after "of' "the offering for. ^n(j we further promiaa you on the
Adopted. j honor of aman,minister, Mason, music
Mr. Maxey moved the adoption of. teacher, writer, author. citizen,
the following new section: "Sec. 7. j Christian and the makeshift editor of
All lands and improvement shall be this paper
ing and any of our readers can re- [ fixed by congress. The two northern
judges held the converse of the prop-
asition to be true.
offen d for sale and sold at public
auction at the court house door of the
county seat of the county in which
said land is situate and shall be sold
under such rules and regulations as
have already been or may hereafter
ha prescribed by the Commissioners
of the Land Office, and the terms and
conditions of the sale and purchase,
except when otherwise provided by
this act, shall be the same as provided
in Article 2 of Chapt r 28, Session
I^aws of the State of Oklahoma for the
year 1909; Provided, however, that
sales may be held in two or more
counties not adjoining at the same
time, and provided, further, all leas-
es shall expire on date of sale except
lessee shall have time to harvest and
remove all growing crops." Adopt d.
Mr. Kerr moved to amend Section
that the goods sholl not
be of the Chicago refrigerator kind,
but right fresh from the nests of our
own big fat domineckitr hens in our
own barnyard." The Leader insists
that Edgell 'got his spondulux every
Saturday night."
SAYS MOTIVE WAS ROBBERY
One of the four negroes arrestesd
here today confessed to Harry Est s,
superintendent of identification to the
murder of W. H. Archie,'a plumber
Thursday morning. The negro mak-
ing the confession admitted he find
the shots which killed Archie. In
his confession he implicated three
others. Their motive was robbery.
Archie resisted and was hot. They
secured $70 and a valuable watch.
The supreme court Is composed of
nine members, fiv ■ of whom are from
the north and four from the south.
If there should be the same division
in this court as that which character-
ized the finding of the supreme court
of Oklahoma. It would then seem
that the capital will go back to Guth-
rie and stay there until 1913, as pro-
vided for b>' the enabling act.
Judge Burford in his brief declares
that if the decision of the supreme
court of Oklahoma should stand it
would overturn the practice of con-
gress in dealing with every state ad-
mitted in the past century. This de-
cision, he says, not only declares the
capital provision void but in icffect
nullifies the provision of the Okla-
homa enabling act which prohibits
the state from making any appropria-
tion of the state's revenues for the
construction of the permanent capitol
building until after 1913 which pro.
hibits polygamous or plural marriages
that requires the state to prohibit the
sale, manufacture of and traffic in in- States.
toxlcating liquors in that portion of
the state known as Indian territory
for a period of twenty-one years, and
that no taxes shall be levied upon the
property of the United Stat s. that the
public school shall be free from sec-
tarian control and conducted in the
Eng ish languages, that the state
shall never enact any law restricting
or abridging the right of suffrage on
a< count of race, color, pr vious con-
dition of servitude.
"If the decision in this case is the
law." he asserts, "then the provisions
in the enabling act admitting Utah
as a state, which requires perfect
toleration of religious sentienuit, and
secures to every inhabitant of the
state immunity from legislation on
account of his or her mode of reli-
gious worship, that forever prohibits
polygamous or plural marriages, that
requires public schools to be estab-
lished open to all the children of the
state and free from sectarian con-
trol are in excess of the pow^r of
congress to Impose and void."
"The decision abrogates the pro-
vision of the enabling acts of Mon-
tana, North Dakota, South Dakota
and Nevada, requiring perfect tolera-
tion of religious sentinu nt and guar-
anteeing to the inhabitants of said
states immunity from molestation in
person or property on account of
their mode of religious worship.
"The enabling act of New Mexico
the latest expression of the congress
of the United States upon the sub-
ject matter determined by the Okla-
homa supreme court contains the
following terms and _£Qjidition« ami-
couUmte, because the people of said
proposed state, all of which are in ex-
cess of the power of congress to re-
quire, and are ineffectual If the law
laid down by the Oklahoma su-
preme court Is sound.
"First, p rfect toleration of relig-
ious sentiment.
Second, immunity from molesta-
tion on account of mode of religious
worship.
Third, prohibition of polygamy
marriages or cohabitation.
Fourth, prohibition of the sale,
barter or giving of intoxicating liq-
uors to Indians.
'Fifth, prohibition of the introduc-
tion of intoxicating liquors in the
Indian country within the borders
of said state.
"Sixth, disc'aimer of all right and
title in th? lands belonging to the
United States or to Indians or In-
dian tribes.
"Seventh, equality of taxation as
between resident and non-resident of
the state.
"Eighth, the exemption of Indian
lands from taxation.
"Ninth, the assumption by the stata
of the debts of the territory.
"Tenth, establishment of a system
of public schools open to all the chil-
dren of the state, free from sectar-
ian control.
"Eleventh, requiring all public
schools to be conducted in the Eng-
lish language.
"Twelfth, requiring ability to speak
read write the English language aa
qualification for all state officials
and members of the legislature.
"Thirteenth, locating the state cap-
ital at Santa Rosa until December 31,
1925.
'Fourteenth, requiring the state
capital to be located by vote of ths
electors after 1925.
"Fifteenth, acquiescence in rights
and reservations of the United Stat-
es in reclamation projects.
"Sixteenth, prohibiting the intro-
duction of Intoxicating liquor upon
tho lands alloted to Indians for a per-
iod of 25 ytars after disposal of al-
lotment.
"Seventeenth, prohibiting the state
from amending or changing its con-
stitution so as to abrogate any of the
conditions imposed without the con-
sent of congress.
Attorney General West today argu-
ed the Rock Island railroad freight
case Involving rates on wheat before
the supreme court of the United
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Golobie, John. Oklahoma State Register. (Guthrie, Okla.), Vol. 19, No. 49, Ed. 1 Thursday, March 16, 1911, newspaper, March 16, 1911; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc88365/m1/1/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.