Democratic Sentinel, Volume 13, Number 13, Rensselaer, Jasper County, 19 April 1889 — TOWN SITES IN OKLAHOMA. [ARTICLE]

TOWN SITES IN OKLAHOMA.

No Measures Can Be Taken for Establishing Them Before April 22. The following letter has been issued by Commissioner of the General Land Office Stockslager, which fully explains itself: Department of the Interior, ) General Land Office, V Washington, April 5. J To the Hon. G. G. Vest, United States Senate: Sir—l have the honor to return herewith the letter which you recently left in this office, addressed to you by H. S. Wicks, dated at Kansas City, Mo„ the Ist in st., about town sites in Oklahoma, Indian Territory. In reference to the specific questions presented by Mr. Wicks’ letter I have to state: 1. That the Oklahoma lands are all surveyed, and any claims for town-site purposes therein under said sections 2387 and 2288 must be for the tracts actually settled upon and occupied by the inhabitants according to the proper legal subdivisions established by such surveys. Hence, no plats or survey of the town sites will be required for the purpose of entry at the district land office, and the land so occupied must, be identified as the tract applied for, by the proper proof, specified on page five’of said circular of July 9,1886, which must be submitted to the department land offices. 2. No measures can be taken on the land for establishing a town site prior to 12 o’clock noon of the 22d inst., when, for the first time, the land becomes open for settlement under the proclamation. 3. It will be seen by reference to sections 2387 and 2388 as given in circular of July 9,1886, that they require for effecting a town site entry that the town shall be incorporated, in which the entry must be made by the corporate authorities for whom the Mayor may act, or, if the town is not incorporated, for tne J udge of the County Court for the county in which such town is situated, to make entry. As it appears that there are neither laws for incorporation of towns nor county organizations now existing in Oklahoma, it does not appear to be feasible for entries to be effected under said sections while this condition continues, and applications should therefore be made to the district officers under said sections; but in the absence of the officers properly qualified to make entry in trust for the inhabitants, according to the provisions thereof, the register arid receiver are directed in circular of April 1, 1889, to report the same, and await further instructions before allowing entry of the land. The legal prerequisites to the establishment of towns, or their incorporation as such, are dependent upon local laws, and after entry is allowed under said sections 2387 and 2388 in trust for the inhabitants, the execution of such trust, as to the disposal of such lots in said town, and the proceeds of the sales thereof, is to be conducted under such regulations as may be prescribed by the legislative authority of the State or .Territory—see said section 2387. As an example of such legislation reference may be made to the compiled laws of Kansas —Dassler, 1881< pages 972 and 973. Where there appears to be no means by which town-site entries may be effected, and the method of proceeding thereafter determined as to the right of the inhabitants in Oklahoma, until legislative provision is made for the proper town and county organizations, and for the execution of the trust as contemplated in said sections 2387 and 2388, any lands actually selected as the site of city or town, or any lands actually settled and occupied for purposes of trade and business and not for agriculture, by bona fide inhabitants, are in a state of reservation ' from disposal under the homestead laws, under sections 2258 and 2389, United States Revised Statutes, which will operate to preserve the claims of the inhabitants of towns from the interposing adverse rights of settlers, until such time as they be enabled to secure the legal title to the lots under future legislation. Respectfully, 8. M. Stockslager, Commissioner.