CHAPTER XXI (cont.)

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J. L. BROWN'S NARRATIVE

   I have been requested to furnish for historical preservation what I may know and may have seen touching the four following matters of general interest to the people of Oklahoma:
   First.    History and incidents attending the first opening of public lands for settlement in what is now Oklahoma.
   Second.    To explain and preserve the facts and transactions which cause so many jogs and crooks in the streets of Oklahoma City.
   Third.     To explain the cuases and detail the facts which led to what was known as the Seminole and Kickapoo wars in Okahoma City.
   Fourth.    To give detailed account of the struggle in the first legislative assembly for the purpose of removing the capitol of the territory from the city of Guthrie.

I

   No reader of history can understand these matters without having presented a statement of the laws and conditions existing on and after April 22, 1889.
   For many years before April 22, 1889, and up to May, 1890, what is now Oklahoma was then the Indian Territory. By treaty made just after the close of the Civil war with the five civilized tribes, who formerly held the whole of the Indian Terri-[tory]

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[Terri]tory, the Indian tribes ceded back to the United States all that portion of what is now the state of Oklahoma, lying in what afterwards became the territory of Oklahoma, but such ceded lands were to be used by the United States for the purpose of settling other friendly Indian tribes thereon and were not to be opened to white settlement.
   Under this agreement the United States settled on these ceded lands various Indian tribes, and gave to each of said tribes a particular and well defined reservation, such as the Kickapoo, Sac and Fox, Cheyennes and Arpahoes and others.
   These reservations given to other Indians moved into the Indian Territory under this treaty did not quite occupy all the lands embraced in that part of the Indian Territory so ceded back to the United States and which afterwards became Oklahoma Territory, but left a piece of land, then known as unassigned lands, which embraced that part of Cleveland, Oklahoma and Logan counties lying west of the Indian meridian, and that part of Canadian and Kingfisher counties lying east of a line very near where the Rock Island Railroad is now located, and also embraced that part of Payne county lying south of the Cherokee Outlet.
   This fact led to the organization of what was known as the boomers, led at first by Captain Payne and after his death by Captain W. L. Couch. These men got the title of captain by the boomers electing them as captains. These boomers conceived the idea that they had the right to settle upon and homestead these unassigned lands, but the government of the United States held that, under the treaty before named, no person could be permitted to settle upon those lands except Indian tribes, carried and settled there by the United States.
   Acting on this belief the boomers, under the lead of their captains, repeatedly invaded, settled upon and laid out towns on these unassigned lands, and were as often removed by force by the United States military authorities. After being thus ejected repeatedly the boomers camped around in the southern edge of Kansas. All this kept up such an agitation that these unassigned lands were prominently called to the attention to the public and led to a fight in Congress to open the same for settlement.
   The result of all this was that the United States, by treaty with the Seminole and Creek Indians, to whom these unassigned lands originally belonged as a part of their old reservation, purchased from the tribes and obtained title to all their lands lying west of what afterwards became the eastern line of the territory of Oklahoma.
   This, together with the treaty made with the Cherokees, removed from all the lands that afterwards became old Oklahoma, all claim of the five civilized tribes thereto, but still left a large portion of Oklahoma land encumbered by treaties with other Indians, who had been brought in and settled on these land by the United States, and these lands so settled by these imported Indians could not be opened to white settlement until the claims of these Indian settlers had been extinguished, but these unassigned lands then became the public domain of the United States, unencumbered by any Indian treaty whatsoever, and were by Congress opened to white settlement in 1889.
   The trouble caused by the boomers rushing upon these lands before they were opened to settlement led to the provision in the acts of Congress opening these unassigned lands to settlement of a clause declaring that if any person should "enter

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upon and occupy" any of these lands prior to the date of the opening thereof, that such person should forever be disqualified to take title thereto. This was known and "the Sooner clause," and was the one which afterwards made so much trouble in Oklahoma.
   The foregoing explained why such a small portion of Oklahoma was opened for settlement in April, 1889, and as the claims of one Indian tribe after another was extinguished to the lands upon which they had been settled by the United States, and were not all extinguished at the same date, the remaining lands were opened to settlement in patches or small tracts as fast as the rights of these imported Indians could be extinguished, and this led to many "openings," as they were called, of public lands to settlement in Oklahoma.
   President Harrison proclaimed the opening of the unassigned lands to settlement on April 22, 1889, and placed in that proclamation the statutory provision against any person "entering upon or occupying said lands" before the date of opening at noon on April 22, 1889.
   This led to people gathering in large numbers around the edges of these unassigned lands waiting for the opening at noon on April 22.
   James B. Weaver, ex-congressman of Iowa, was in Oklahoma after the issuance of the proclamation and prior to April 22, 1889. He was a member of the Congress that passed the bill opening these lands to settlement, and worked very hard for the passage thereof.
   There was great and serious dispute as to the meaning of the words "Enter upon and occupy" contained in both the bill and the proclamation opening these lands. One construction was that in order for a settler to be disqualified under that act he must do two acts before noon of April 22, 1889—first, enter upon these unassigned lands, and, second, settle upon some selected quarter section of land or town lot, and that the bare entering upon the land would not disqualify, and the persons holding to this view contended that so long as they did not settle nor go upon the quarter section of land or lot intended to be taken that there would be no disqualification, while others contended that any entry into these unassigned lands, and especially being within the borders of them at or before noon of April 22, worked a disqualification of the person so entering. Congressman Weaver and Captain Couch adhered to the first view, and all these old boomers followed them blindly, as did many, many other persons, and as a result nearly every one of the old boomers, along with thousands others, were in these unassigned lands before noon of April 22, and near by the lands or lots that they intended to take, and with which they had become familiar in boomer days, while thousands of others, adhering to the latter view, remained around the borders and outside of the land until noon April 22, and then rushed into the country pell-mell, seeking claims or lots wherever they could be found. On the borders in waiting were many persons well mounted who knew the country thoroughly, knowing every quarter section and just how to run to get to it, while others were indifferently mounted, and many not mounted at all, and who knew nothing about the country nor the best paths to be followed in order to get to good lands; knew nothing about where the school lands were located, and were at a tremendous disadvantage as against the parties thus well mounted and knowing the country. These strangers knew in advance that they stood no chance whatever of getting prop-[erty]

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[prop]erty as against their well informed competitors.
   To these uninformed persons on the borders, the law said, in effect: "Be obedient unto my mandates and you shall, for such obedience, not have an acre."
   These uninformed men at once sought to even matters up, by slipping into the country, and getting in such a position that they might possibly get something in the scramble, and thousands of them did it. The 22d of April fell on Monday. On Sunday morning before the country opened, thousands of people were in the camps on the borders. By Monday morning, fully one-half of them were gone, and were evidently within the prohibited lands. At that time, there were few roads in the country, and no bridges, and through the country were running many steams which could be crossed only at certain points, and this being true, the stranger could make no headway whatever, as against the person who knew every pathway and every ford, and every piece of bottom land, and it was impossible to keep these uninformed persons, who knew and thoroughly appreciated their disadvantage, to do otherwise than seek to even the matter up by getting within the country beforehand.
   I saw thousands of these uninformed persons, who remained without, until the grand rush was made at noon, and I do not think I have ever met or heard of one who obtained valuable lands and lots. As certainly as a piece of land was of excellent quality, or a lot of great prospective value, just so certainly the first settlers thereon was what was afterwards known as a "sooner." Immediately after the opening thousands of these persons who had been within the lands before noon, boldly declared it but asserted that they had not settled upon any tract or lot before noon.
   In the course of time, the land department decided that any person who had been within these unassigned lands prior to noon was disqualified, and at once silence fell on the lips of those who had before so loudly boasted of the fact that they had entered before noon, but had not occupied, and at once unlimited perjury took the place of such boastings, and unlimited numbers of witnesses swore in rows, that they had not been within the unassigned lands before noon, and swore in bands for each other, and even sent innocent men to the penitentiary, on conviction for perjury charged against them, and one of the most valuable quarter sections of land, now an addition in the heart of Oklahoma City, was save to sooners by thus sending two innocent men to the penitentiary. By this means, contests against that quarter section were defeated. Circumstances pointed strongly to the fact that United States officers, sent to Oklahoma to prosecute and break down this criminality, became remiss in their duties in consideration of great values being passed to such officers, and as a monument tending to support such charge, there today lies in one of the most valuable portions of Oklahoma City, and completely surrounded by beautiful homes, forty acres of unplatted lands, and many were the valuable lots, the titles to which afterwards turned up in the names of the wives of such officers.
   The results were, as they almost always are in such cases, that conflict of interests led these men who were thus falsely swearing in land contests, into difficulty with each other, and led to quarreling, and

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finally to confessions, and the results were that large numbers of them found their way to the penitentiary, and many others escaped by relinquishing all claims to the lands and lots in Oklahoma.
   Many of those who were thus sooners, saw the storm coming, and relinquished their lands or lots in such a way that they were taken and proved up, by brothers, sisters, fathers and mothers, or friends, and in many cases, after being so proved up, this relative or friend conveyed the property to the sooner, while in scores of other cases the party who thus proved up forgot the sooner, or quarreled with him and kept all he got, and left the sooner in mourning and rage.
   The sooner, while thus in rage, in turn gave away some other sooner, and would swear that if he could get nothing, no other sooner should have anything. In this way the land titles to Oklahoma were settled.
   The real conflict arose and was born when the boomers began to go into Oklahoma in advance of time, under the construction of the words "enter upon and occupy," as promulgated by Gen. James B. Weaver, of Iowa, and by the slipping in of persons not boomers, under all kinds of pretexts, such as working for the railroads, and as deputy United States marshals, teamsters, and by any other device or excuse, that would permit the party to remain within these unassigned lands, and also the slipping into said lands by so many other persons, and then the coming in afterwards of those who left the borders on time, and finding everything of value grabbed in advance of their coming.
   Nothing but conflict could come from such a condition of affairs, and the wonder is, that the results were not more troublesome and serious than they really were.
   It is due to these boomers to say that many of them were thoroughly honest and truthful men, and always and under all circumstances told and swore to the truth, and they were, of course, very dangerous men on the witness stand, to the dishonest ones who sought to save their lands or lots by false swearing, in contest trials.
   Another very fruitful source of trouble arose from the fact that these strangers knew nothing about where the section lines were, and knew nothing of what were or were not school lands. As a result, it often turned out that several settlers were on the same quarter of land, and the question arose as to who first settled, and then they quarreled and commenced testifying against each other, sometimes truthfully, and many times untruthfully. Many times they adjusted their own difficulties, by all kinds of trades, purchases and adjustments.
   The townsites had all been surveyed by sooners or town companies, but the streets were shown only by some frail mark, and when these people came in from the borders, directly after noon, they rushed in thousands all over the lands lying around the railroad stations, and were in inextricable confusion, and settled almost any number on the same lot, and on what afterwards became streets, and this too afterwards led to an enormous amount of litigation in the adjustment of these claims.
   Many of the persons who came in legally from the borders, on April 22, were angered at the fact that these sooners had rushed in beforehand and seized the valuable property, and they defied and rushed upon the property taken by the sooner, and by litigation in the land department afterward obtained some of the most valuable property in Oklahoma.
   In this way Captain Couch, and his father and their heirs, lost two of the most valuable quarters now covered by Okla-[homa]

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[Okla]homa City, and fourteen other claims, lying immediately around the city, were lost to the sooner in the same way, and the value of these sixteen claims, today, would exceed the million dollar mark, and if the improvements now upon these lands were counted, the value would be several millions. The result of all this was a vast amount of litigation in the land departments, and the courts, and I think I can safely say, that there was more litigation than was every known in the United States in the same length of time and over the same amount of land, in Oklahoma, over lands opened in the manner they were at first opened in Oklahoma.
   On account of this serious trouble, the government abandoned that method of opening and resorted to a distribution of the land by lot. The Cherokee Strip was the last piece of land opened in this racing manner, and the same trouble was experienced there that had been previously experienced in old Oklahoma.
   This in brief shows the general manner in which Oklahoma was opened to settlement, and the incidents that followed the same, so far as acquiring title to the lands are concerned.

II

   The following is the explanation of the causes which led to so many jogs and crooks in the streets of Oklahoma City, and in order to have this better understood, it will be necessary to briefly state some of the laws, relating to townsites of that time.
   The act of Congress, opening these unassigned lands to settlement provided that the secretary of the interior might, after the proclamation, and not before, permit entry of lands for townsites, under section 2387 and 2388 of the Revised Statutes of the United States, but that no such entry should embrace more than three hundred and twenty acres of land, equal to a half section.
   The laws of the United States, opening Oklahoma, provided that the lots and townsites, in Oklahoma, should be for the use and benefit of the occupants thereof. Very soon a dispute arose over the meaning of the law. One party contended that an occupant was an actual dweller in Oklahoma, living upon or using the lots; the other party contended that anybody could be an occupant who put improvements upon the lots, or leased them out to others, while the incorporated townsite companies claimed that the incorporated companies could occupy the whole townsite, and sell it off in lots, as had been done in Kansas.
    Prior to the opening, a body of men, of whom Sidney Clarke, ex-member of Congress, and Captain Couch, were two, formed a corporation in the state of Kansas, and there took out articles of incorporation, for the purpose of entering and selling townsites in Kansas and elsewhere, and the name of the corporation was, "The Seminole Townsite and Improvement Company," and these parties, with their adherents, afterward became known as the "Seminoles."
   Another company was formed at Colony, Kansas, and was afterward known as the "Colony Crowd." This latter crowd did not take out articles of incorporation, but were advised by council in Washington to enter the territory in the afternoon of the April 22d, and rush to the lands they desired, and at once hold an election, and elect town officers, and then have those officers enter the townsite. It seemed that neither the Seminoles nor the Colony Crowd had any

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knowledge whatever of each other's existence, until they met on the townsite of Oklahoma City.
   Prior to noon on April 22, 1889, the Seminole incorporators were on the grounds, on the track and about the depot of the Santa Fe Railway, at what was then "Oklahoma Station," and had with them the plat of their townsite, as they intended to lay it upon the ground, and as the evidence in many cases abundantly showed, had laid off the land in streets and squares prior to noon, and as some claimed, did the surveying in the night-time, so as to have everything in such a condition, that they could promptly seize the townsite instantly at 12 o'clock, on April 22d.
   The land they intended to take, cornered at where Reno avenue now crosses the Santa Fe Railroad, and ran west on the section line, in the middle of what is now Reno avenue, one-half mile, to what is now Walker street, and ran north on Walker street, that being a half section line, to a point very near what is now the corner of Tenth and Walker streets, and ran east from that point to the Santa Fe track, and then down that track to the place of beginning. In going from this starting point on the section line, where Reno avenue now lies, the Santa Fe road ran almost due north, bearing a little to the east. Either intentionally, or by mistake in their hurry, the Seminoles failed to run their east and west streets due east and west, but ran them at right angles to the Santa Fe track, which caused all of their streets running west from the Santa Fe, to bear a little north of a line running due west.
   The Seminoles' survey located Main street where it now is, and located a street south of Main street, which they named "Clarke street," and two other streets south of that, the names of which I have now forgotten, and located Broadway, and Robinson, and Harvey and Hudson streets, where they now lie, from Grand avenue north. And also located First to Seventh streets as they now lie. The Seminoles also caused all the lots lying along Broadway to front on Broadway, except the lots at the corner of Main and Broadway, and the lots of those four corners were so laid that they fronted on Main and ran back one hundred and forth feet, along Broadway, to an alley, so that from the alley south of Main street to the north of Main street there were no lots fronting on Broadway.
   Promptly at noon, the Seminoles rushed on to this townsite, with a lot of other sooners, and seized all the lots, and claimed to take the whole townsite, by occupancy. They were mostly settled, however, along Main street and on Broadway north and south of Main street for a distance.
   The Colony Crowd also had their plat prepared to cover this same land, but that crowd remained on the South Canadian river until noon of April 22d, when they rushed pell-mell to the same townsite, and at once erected a large tent at a point near where the city jail now stands. This Colony Crowd were unquestionably legal and qualified settlers, as they had not entered the unassigned lands prior to the hour of noon.
   This crowd began to settle at once according to their plats, which did not at all fit the Seminole plat or survey. In addition to these, there came as much as ten thousand other people, from the borders and on the trains and every other way. These men were all strangers to each other, and while the Seminoles and the Colony Crowd knew each other, yet they were both unknown to this rushing crowd, and this rushing crowd ran all over the townsite, grabbing whatever they could find, and

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paying no attention to the surveys of either one of the other crowds.
   Under these circumstances, the Colony Crowd opened a voting booth, and invited everybody to come to the election, and every fellow who wanted to, voted, not knowing or understanding what it all meant, and as a result Rev. Mr. Murray, of Baldwin, Kansas, was elected mayor, and a full set of city officers was chosen from the Colony Crowd, the Seminoles taking no part whatever in the election.
   It must be said to the credit of the Colony Crowd that the Rev. Mr. Murray and all the aldermen chosen on the afternoon of the 22d, were conscientious and honest men, and were trying to do, and as experience afterward showed, did do everything they could, justly and honestly towards the settlers. Their plats of the city were freely shown, and large numbers of persons, not Colony men, settled on the lots as shown by the Colony plat.
   The Colony plat also had a Broadway street, running north and south, and made all lots front on Broadway, thus putting their Broadway lots at the corner of Main street directly across the Seminole lots at the same point.
   On Tuesday morning the 23rd, all was confusion. The Seminoles had carloads of houses, on the cars at the Santa Fe depot, the houses being made of boards, and all exactly alike, and so cut that any board would fit into any house at the point at which it was intended to go. These afterwards came to be known as "Seminole Shanties." During the forenoon of the 23rd, the Seminoles were actively engaged in getting these shanties on to the best lots in the town. It was then found by the location of the shanties, that their Broadway street was not in the same place occupied by the Colony Broadway street, and it was also discovered that the streets of the Seminoles did not run straight east and west through the city, while the Colony streets did so run. Under the circumstances, a large public meeting was called in front of the Colony tents, to which everybody was invited, and everybody who desired permitted to participate. That meeting chose a committee to properly survey the city, the surveyors to be accompanied by one person from each state which could furnish a representative, and that committee was to adjust the settlements on lots, so far as it could be peaceably done.
   The surveyors began their survey that day, and were accompanied by the committee so chosen. The surveyors started at the government corner of the Reno line near the Santa Fe track, and ran directly west in what is now Reno avenue, and established that street and named it Reno avenue.
   They located their north and south streets at the points where the streets now run north from Reno avenue, divided off the lots and adjusted them among the settlers, without trouble, and came up and laid out California avenue, and likewise laid out what is now Grand avenue—these three streets running straight east and west. This was afterwards known as the "Citizens' Survey." Their streets running north from Reno avenue did not quite meet the streets as fixed by the Seminole survey, and Clarke street, so called by the Seminoles , was fifty feet (50) farther north than the Grand avenue, as fixed by the Citizens' Survey. The Citizens' survey destroyed Clarke street and established Grand avenue where it now lies, and gave that street that name.
   This of course took fifty feet off of the north part of the lots lying on the south side of Clarke street, and left the north half of what had been Clarke street to be

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lots. All the lots from Reno avenue up to Clarke street were almost all peaceably adjusted, and there was never thereafter much litigation, except over those at the corner of Grand avenue and Broadway. [See decision on McMaster case on previous page.]
   When this point was reached, it became very evident that if this Citizens' Survey and adjustment went on, that Main street too would be moved about fifty feet south of the Seminole location, and made to run due east and west, and that Broadway where it crossed Main, would be moved west about half of its width, as would all the other north and south streets.
   This of course brought the Citizens' survey and crowd immediately in conflict with the Seminoles, and it became clearly apparent that the conflict was going to result in violence, unless some adjustments could be made. The Seminoles were freely declaring war and their intention to fight for the lots they held, and their streets as located, and things looked very threatening.
   To avoid this threatened trouble it was finally proposed, and the proposition accepted, that each of the "Crowds" should appoint a committee of adjustment, which was done.
   This committee finally agreed that the Citizens' survey and adjustment should stand and be adopted, including the lots on the north side of Grand avenue, and that it should there stop, and that the Seminole survey should remain along Main street and north, including all lots of the south side of Main street. This of course left the Seminoles' streets where they had been located by the Seminoles, and left the Citizens' streets where located by them, and in as much as the north and south streets did not squarely meet, the jogs were placed on Grand avenue, and this accounts for the jogs in the north and south streets at that point. In as much as Grand avenue had been moved about fifty feet, the distance between Main and Grand avenue was greater than the length of two lots and an alley; and in as much as Main street did not run straight west, but bore a little to the north as it went west, while Grand avenue did run straight east and west, it left a space of ground, between the two streets, not covered by lots fronting on either Main or Broadway. At Broadway this strip was fifty feet wide, and widened as it went west, by reason of the fact that Main street and Grand avenue were not parallel. Consequently this strip of ground was wider at the west side of the town plat than it was on the east side. To overcome this difficulty, and in order to place an alley at the back end of the lots fronting on Grand avenue, and also at the back end of the lots fronting on Main street, two alleys were put in between these two streets, and the space between the two alleys was laid off into lots fronting on the north and south streets, being two narrow lots at the east end, and three wide lots at the west side of the town.
   In as much as all the lots in the city were one hundred and forty feet deep, and the distance between the streets running north and south was four hundred feet, it left pieces of vacant ground in each of these squares, between the back ends of these lots fronting on the north and south streets, and between these two alleys. This vacant ground was afterwards retained by the city, and is now used for city purposes, the old jail now occupying one of them.
   The fact that the Seminole streets, before named, do not run straight east and west, and in as much as the streets in the additions, since laid out on the east and west

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side of Oklahoma City, do run straight east and west, there appears a bend in each of these streets, as they extend east or west through these additions, the bend being at the east and west lines of the old city plat.
   The north eighty acres of the three hundred and twenty acres taken for Oklahoma City, was lost to the city, by being homesteaded by one Frank Gault.
   As only three hundred and twenty acres could be taken for one townsite, and as there were so many people here, a crowd composed largely of people from Texas, organized what was known as the South Oklahoma townsite. This crowd laid off and platted a quarter section, immediately south of Reno avenue, and surveyed their streets east and west, and hence there are no bends in those streets when extended through additions, but their north and south streets did not meet the north and south streets made by the Citizens' survey, and hence those jogs in the north and south streets made on Reno avenue.
   By and by Congress passed an act (May 14, 1890) appointing a commission to enter, plat and deed the lots in these townsites, but when that commission arrived on the ground they found so many buildings up, that they deemed it unwise to disturb these crooked surveys, and hence they remain with us today.
   The Seminoles made another mistake, and made their plat too long east and west, so that it reached beyond the half section line, which is in the middle of Walker street, and got Walker street too far west and over on to what afterwards proved to be the "Higgens Homestead." The Citizens' survey and the Texas survey got Walker street in the right place, and in as much as the Citizens' survey stopped at Grand avenue, it left Walker street clear outside of the city, from Grand avenue north to Fourth street. From there north, one-half of Walker street was given to the claim-holders lying along its west side, hence the north part of Walker street is very narrow from Third up to Tenth street.
   As to the land west of Walker street, the Rock Island Railroad, formerly called the Choctaw, and the Frisco Railroad, were all located and owned their land before that part of the city lying west of the old city limits was platted at all, and these companies would permit no cross streets, save and except at the points where they are now located, and this is also true of the north and south streets east of the Santa Fe, and there are only such streets there as the railroad would permit, and this was afterwards assented to by the city council.
   One Frank Dale owned forty acres of the land lying north of the Gault addition, and in as much as the Santa Fe Railroad does not run due north, but bears a little to the east, Broadway, at the point named, was so far from the Santa Fe, that it made a very long block between Broadway, extended north, and the Santa Fe, and thereupon Dale divided Broadway, and bent it round the west, and put another north and south street between it and the Santa Fe. The north line of Dale's land was at Thirteenth street, and the parties owning the land north of Dale's, expecting Broadway to come straight north, laid Broadway through their land, just where it would have been, if Dale had not bent it to the west, and hence that jog on Thirteenth and Broadway.
   The foregoing accounts for all the material jogs and crooks in the streets of Oklahoma City.

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III

   In response to a request for an explanation of the causes, and for a detail of the facts which led to what was known as the Seminole and Kickapoo wars in Oklahoma City, I will refer, without repeating, to much that has been said about the location and platting of Oklahoma City, and refer to the law of Kansas, which permitted people in that state to procure government townsites, lay them out and sell the lots at a profit. The Seminole Townsite and Improvement Company had, before the opening of these unassigned lands for settlement, taken out a charter as a corporation, in Kansas, for the purpose of laying out and selling townsites, and had come to Oklahoma City, and were on the Santa Fe Railroad right-of-way, and at noon rushed in and seized that part of Oklahoma City, bounded on the east by the Santa Fe Railroad track, on the south by Reno avenue, and on the west by the line in the middle of Walker street, and on the north by what is now Tenth street, but were prevented by Gault's homestead entry, from holding farther north than Seventh street.
   In about an hour and a half or two hours, thousands of people rushed in from the outside, and heavily loaded trains brought settlers, and they all rushed on to these townsite lands, which was then just a patch of prairie grass, and as they did not know the Seminoles by personal acquaintance, they ran all over the ground and for a quarter of a mile outside of it, settled upon and staked everything in sight, and in every conceivable shape.
   For the first two or three days, the way of taking a lot was to drive a stake in it with the name of the claimant written thereon, and this was called "staking lots," and the persons who did it were called "stakers." This, to a great extent thwarted the plans of the Seminoles.
   As before stated, the Colony Crowd had held an election on the afternoon of April 22d, and elected a full set of city officers, one Mr. Murray being elected mayor, but it was the misfortune of the Colony Crowd that Mr. Murray was a very meek, reasonable and just man, and in no sense a boomer.
    Under the leadership of this Colony Crowd, what was known as the Citizens' survey was made, the streets located, claims to lots adjusted from Reno avenue up to the lots on the north side of Grand avenue, and there their work was stopped, as hereinbefore stated. As a means of carrying out their original design, men, then unknown settlers, but who afterwards proved to be Seminoles, called a Citizens' meeting to appoint a committee to nominate city officers, and to act until an election could be had. At this meeting, persons who afterwards proved to be Seminoles, nominated one officer after another, and as the Seminole thoroughly knew each other, and were unknown to the other settlers, their slate went through without a single objection. The day for election was set for about three or four days later. Before those three or four days expired, stories began to leak out about the Seminoles, and another Citizens' meeting was called to nominate a ticket opposed to the Seminoles. The Seminoles crowded it, yelled and hooted, and kept up such a confusion that nothing could be done, and hence a Citizens' committee was appointed to nominate a ticket for city officers, opposed to the Seminoles, which was done. The Seminoles nominated Hon. A. C. Scott, who has so long been president of our Agricultural College, for city or police

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judge, while the Citizens nominated one O. H. Violet for the same office. The election was held on the day appointed, and all voted who so desired, and voted as many times as they wished. Women voted and boasted of it as the first time they they were permitted to exercise the rights of freedom, and people all about the country, whoever happened to come in, also voted.
   The Seminoles, fortunately for them, had both of the election boards, there being two polling places. What the real tally of the votes was nobody knows; sufficient to say, however, that they proclaimed a handsome victory for the Seminole ticket, except A. C. Scott, and he was overwhelmingly defeated, and the Citizens; nominee, O. H. Violet, elected by a large majority.
   The city council so elected was duly organized, and their very first act was to proved for the Seminole Company to sell certificates to lots, which was followed afterwards by ordinances, as they called them, to remove settlers from lots who were not holding these certificates.
   These certificates were started at the price of twenty-five dollars per lot. This of course brought on a storm, and a change was made, providing that certificates should be sold, and some were sold as low as two dollars per lot, and others and most of them for four dollars per lot, but the twenty-five dollar Seminole certificate was always to be valid under this ordinance.
   This change further provided that these certificates should be issued by the city, and one Blackburn, as recorder, was to issue them and collect the fees. It was held out that the money obtained from these certificates was to be used to grade the streets and otherwise improve the city. This recorder fixed himself up an office, with wooden bars in front, much the same as a bank, and for some two or three weeks did a rushing business, as everybody was anxious to help the town along.
   The city council soon provided by their so-called ordinances, for the trial of rights of settlers to lots, in the police court, and the result showed that they had made no mistake in their purposes in defeating A. C. Scott, and electing O. H. Violet police judge. Ledru Guthrie was elected city attorney. Next step, the Seminoles erected a jail, just where the city jail now stands. It was constructed by spiking two-by-four timbers, flatwise on top of each other, until a little higher than a man's head, and then putting a roof on it, and placing therein little barred windows.
   They enacted an ordinance, making the lot certificates conclusive evidence that the holder of the certificates was the rightful owner and occupant of the lot described in that certificate.
   The next thing, they required that an applicant for a certificate should file an affidavit that he was the original staker and the rightful owner of the lot on which he asked a certificate. These Seminoles thoroughly understood the whole thing was a farce, and that the recorder had no power to administer an oath, and than any person could swear to as many affidavits as he pleased, and would not be guilty of perjury, and the result of all this was, that scores of persons took out certificates on lots, already occupied and settled upon by other persons, not knowing what was going on, and as a further result every Seminole and ever sooner was armed with these certificates, for as many lots as he cared to buy.
   The reader will bear in mind that at that time there was no law in the Indian Territory, except the laws of the United States, and they had no application whatever to city and town governments, and there was

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no means of collecting debts, and no courts in the country, except one United States court, at Muskogee, nearly two hundred miles away and then over three hundred miles by rail.
   Under these conditions, this so-called police court was the only court in the whole country, and from it there was no appeal, because there was no other court to appeal to, so there was only one of two things to do, and that was for the settler "To grin and bear" the actions and decision of this police court, or seek redress by some other means.
   In addition to all this, the so-called city government levied all kinds of occupation taxes, and largely collected them and issued licenses to gamblers, bawdy houses, and any and every thing that came along that would turn a dollar into the city treasury. These licenses to gamblers, fakirs, and bawdy houses were given as receipts for fines, which were levied only at intervals of about once a week. This city council also granted franchises to Seminoles and their friends for street railroads, electric light lines, water works and telephone lines to run for twenty years, and with absolute power to control these grants, as might best suit the companies to whom they were granted. These franchises were granted so as to have something to sell, but no one could be found who would invest money in such enterprises, and the so-called grants of franchises were laughed at by all men of means, and were never built upon.
   Soon the people began to observe that the money thus taken was not going to any public purpose. This of course caused further dissatisfaction. Soon prosecutions were commenced in the police court, against persons who were on lots without certificates, and people were arrested by scores for this so-called offense.
   It was well known that the city organization was wholly and entirely illegal, and that these certificates were wholly without law. This arresting of so many persons, who knew that they were rightfully on the lots occupied by them, simply fanned things to a fever heat, and indignation meetings were held, and fiery and earnest speeches made.
   The Seminoles dubbed these fellows "Kickers." At one of the public meetings, a wag yelled out, "The Seminoles call us 'kickers'; they are Seminole Indians, and by God, I'm a Kickapoo." This raised a roar of laughter, and at once the name Kickapoo was adopted, and an organization was effected, known as the Kickapoos, and Dr. Beale, of Cylnthinana, Kentucky, was elected its chief and a band of advisory "sachems" was also chosen, and public meetings began to be held very frequently upon the streets. All of these meeting were constantly attended by soldiers in arms, under the command of Captain Stiles, and when the Kickapoo council met, it nearly always found two or three soldiers standing guard around. The result of all this was, that the police court was so full of cases on these lot certificates, that it was absolutely impossible to try them all.
   Soon people began to be convicted in the police court in large numbers, and were sent to jail until the jail (before spoken of) was crowded so full that there was not room for another man. In hot days this jail was almost suffocating. That old jail is still standing, back of the city jail and is now used as a cook house.
    When these trials were first begun, the court would grant to the defense the right of trial by jury, providing the defendant would put up twelve dollars as jury fees, but the juries got to acquitting the fellows who were charged with being on lots with-[out]

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[with]out certificates,where the testimony showed that they were the first and rightful settlers upon the lots.
   This led to the abolition of the right of trial by jury, and all jury trials were thereafter denied. I will give a few specific instances which will well illustrate the proceedings in that court.
   One McGowan was charged with being on a lot to which another man held the certificate. He demanded a jury trial and paid his twelve dollar jury fee. The proof showed that he had settled on the lot, had his tent thereon and was living there, but another man had got the certificate, and that McGowan got arrested for being on that lot without a certificate. It was further shown, that the holder of the certificate had never been upon the lot in any manner, and the jury promptly acquitted McGowan. The police judge kept the twelve dollars and gave the jurors, who were six in number, one dollar each—what became of the other six dollars we never knew. In a few days this same McGowan was again arrested for the same offense, on a motion by the city attorney for a new trial. The court promptly decided that the verdict was wrong, and set the acquittal aside. The attorney for McGowan, whose utterances were not at that moment those of a Sunday-school teacher, was by the court informed, with a wise look, that, "Thith is a thumary proceeding." I might add that the police judge lisped a good deal, but he always had his nerve with him. The city attorney then held aloft one of these townsite certificates, and demanded that "The law be enforced." The whole former acquittal was set aside, and the defendant was, by the judge, declared guilty. The defendant demanded a jury, and offered twelve dollars more, but the jury was promptly denied, and he was order to jail, and while in jail his tent was torn off, and the lot given to the holder of the certificate, and the defendant in consideration of being liberated, agreed to, and did leave the town.
   The Seminoles were there in the courtroom, in the guise of what they called court officers, all well armed, and with bright leather belts on. This was in the afternoon. There were a few of the Kickapoos present in court, and they broke right out and cursed the court and the Seminoles and everything in the court-room.
   Another man was on a lot with a frame building on it, peacefully, and disturbing no one. He was arrested for being on that lot without a certificate. The court was so crowded that his case was continued for about two weeks. He came to the writer to act as his attorney. We applied to the United States district judge at Muskogee, for a writ of habeas corpus, that being the only court available. Captain Couch was then mayor of the city. We made this application the next day after the man was first arrested. In about two or three days, the man came running to me in a great hurry, and said his case was to come on that morning, that he had been arrested again, and had to be ready for trial. We went to the police court, urged delay, and argued for time and all that; the city attorney said that he demanded that that case be advanced on the docket and be tried at once, which was done; the townsite certificate was exhibited, and all other evidence refused and denied, and the fellow promptly convicted by the court, and inside of an hour he was in jail, and everything he had on his lot was taken from him. That same afternoon he was let out of jail, but his lot was then gone. At that time, Mr. Harvey, afterwards a delegate to Congress, was here, and called me to his office, and

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Couch, the Seminole mayor, was there and wanted to know of me, in case he let the fellow out of jail, whether I would advise him to behave himself.
   I observed Mr. Couch hand a letter to Mr. Harvey, and the date on it showed that it had been received at Oklahoma City the evening before. Harvey pulled the letter out, and it was an order from the judge at Muskogee to release that man, and mailed in an envelope directed to the mayor of Oklahoma City, and consequently Couch got it. The next morning the fellow was called into court in the hurried manner I have heretofore described, convicted, imprisoned, and his lot taken from him, after this court order had been received, and after the lot was taken from him, he was turned out of jail in obedience to that order. The sight of this order very clearly explained to me the cause for the great hurry in trying the man, and that it was to get him off the lot at once and then obey the order.
   A woman was convicted for being upon a lot without a certificate, and the police order was issued for her removal and the city marshal called upon James Geary to assist him in the execution of the writ. Geary, as I suppose, thinking he was bound to obey, assisted in the removal. The woman was badly injured in this action and sued Mr. Geary in the court at Muskogee for damages, and got judgment against him for five thousand dollars. Mr. Geary was an enterprising real estate man, and afterward really owned a large interest in Maywood, in the name of his wife, and that judgment explains why the name of Mrs. Geary appears in nearly all the abstracts to property in Maywood addition to Oklahoma City.
   Another man had the lot on the southwest corner of Main and Robinson streets. At the time that was a slough, with water in it, and the man had on it a little restaurant, set up on posts, so as to keep out of the water. The lot was claimed by one Woodruf, and admitted sooner, and not qualified to hold the lot, and at last never did hold it, and also lost a claim on which he had a homestead entry. He obtained on of these city certificates, and had in the police court a judgment for the removal of this restaurant man.
   The marshal, armed with this writ from the police court, carried the man out, and also his wife, who was so sick that she had to be carried out on a bed, and tore the house down and put the holder of the certificate in possession. This man afterwards got a heavy judgment against the city marshal for damages, which could never be collected, and yet stands in the district court of Oklahoma City.
   An old man who occupied the lot where the five-story Lee building now stands was beaten almost to insensibility in order to get him off and to deliver the lot to a Seminole.
   Another man held a lot that was afterwards under the Lee Hotel. He got a chance to sell and sold it for three hundred dollars, and started to leave the town, and got to the depot. It was claimed by the Seminoles that he was holding a lot for one of them, and they followed the fellow to the depot, with some soldiers, and took the money from him by force.
   Another man, who was here, and determined to stick to his rights and to his lot, would not submit, and was carried by the soldiers out of town, and down into the Kickapoo country, about thirty miles away, and there turned loose. He walked back and afterwards won his lots. He had the grit.
   These are given only as a few of the instances, but they show so well the proceedings and conduct of that city government and police court.
   While all these proceedings were going on, there was of course much excitement over the matter. The Kickapoos were holding meetings which were attended by crowds reaching into the thousands, but they always counseled obedience to law, and proceedings in other channels to stop this city government.
   One of the plans determined upon by the Kickapoo council, was to prepare a city charter, which should define and fix and determine the powers of the city government.
   This was prepared, and deprived the city government of all power over lots and of the power to determine the rightful ownership thereof, as that matter belonged alone to the United States, and provided for a superior court, to be elected by the people, to which appeal might be taken from the police court, the object of course being to throttle the police court.
   This charter was published in the papers of the city for about three weeks. When election day came, polls were opened on Broadway street between Main and Grand avenue and also north of Main street, and were at once surrounded by large numbers of voters, filling and blocking the streets.
   All at once, under the command of Captain Stiles, of the United States army, a body of troops came sweeping down the street, on full charge of bayonets, and of course scattered the voters, and knocked some of them down, and caught and imprisoned others, which of course broke up the election.
   There was here at that time a United States commissioner, and warrants were sworn out before him, charging all the persons who acted in opening the polls for this election with treason against the United States, a crime punishable with death. They were arrested, but put under only their own bonds, and the causes were soon after dismissed by the United States attorney at Kansas. At that time the United States court at Wichita, Kansas, had jurisdiction to try felonies committed in the Indian Territory. These arrests were clearly an attempt to terrify and intimidate the Kickapoo officials, but they had exactly the opposite effect, and made matters far worse, and the resistance more determined and active than ever before.
   When we got territorial government, Captain Stiles was sued in the territorial courts for this transaction. In all cases where these suits were brought, the courts gave instructions that the people had the right to assemble, and hold this election, and that military interference was unlawful, and instructed the jurors to bring verdicts against the parties interfering with the election, and they did so.
   After this military charge was over, the clamor became so great that the Seminoles themselves put out a charter, defining the powers of the city council, and giving to the city government all the powers they desired, and ratifying all they had done. That charter was submitted to vote, with both Seminoles and Kickapoos on every election board, and it was overwhelmingly voted down.
   Soon after this, Captain Couch, the mayor, who claimed a piece of land west of town, had to move out and effect a settlement on his land, which rendered the mayor's office vacant. The Kickapoos nominated Dr. Beale, of Kentucky, as their candidate, and the Seminoles nominated Henry Overholser. Dr. Beale was elected,

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and pandemonium reigned in town that night. All kinds of unearthly noises, and speeches and horn blowings were the order of the night.
   The soldiers were never again in town, and never afterwards in any way attempted to influence the actions of the citizens.
   While all that has been before detailed was going on, Captain Stiles opened a land office in Oklahoma City, and went into the business of taking testimony, and hearing cases and finding the rights of settlers on the public lands, and when he rendered a decision, which was generally promptly done, the execution was sure and effective and consisted of a file of soldiers and a sergeant and, if need be, the settler decided against, moved off or was promptly moved off of the land.
   During all this time the Kickapoo council had been busy sending information and complaints to the authorities at Washington. This led to an investigation, and when this mayor's election took place, the department at Washington was promptly informed of the state of affairs, and Captain Stiles was ordered to close his land office, and give his attention to military duties.
   Just before this mayor's election, two of the so-called councilmen of the city gave up their positions, one moved away and the other resigned, and two others were elected, by the Kickapoos by an overwhelming majority, one of whom was Jack Love, now president of the Corporation Commission of the State of Oklahoma.
   As before stated, this city government had been collecting large sums of money, and for no public purpose. In the investigation afterwards ordered by the government of the United States, from the imperfect data available, it was found that the city had received:
For 726 City Lot certificates................................$3,297.00
143 Lot Certificates at $2.00....................................286.00
Occupation tax............................................................713.35
Fines Police Court....................................................1,163.00
.................................................................................._______
       Total of ...........................................................$5,459.35
which was probably about twenty-five per cent of the real sum that had been collected.
   Soon everybody was informed that no person had a right to collect this money, and when this investigation was started, the city treasurer picked up, bag and baggage, and went off carrying with him $5,390 of this money, and that was the last seen of him or the money either. This treasurer had given heavy bond to the city, to faithfully account for all moneys received. Of course this whole thing was void, and nothing could be done, and nothing ever was done with the fellow about the matter.
   When this state of facts, as hereinbefore set out, became known to the government of the United States, the government sent down a United States marshal, to take entire charge and he did so, and thereupon the Seminole government was closed up, and all interference with lots, or lot ownership and right of possession was stopped, and the collection of all kinds of taxes ended; the police court was closed up, and nobody was tried. Judge Violet was given the name of "Judge Posey," on account of his name.
   This order sending down the United States marshal, with directions to hold things just as he found them, and to permit no changes, was what was known as the "Statu quo order." As soon as this city government stopped its operation, there was the most perfect peace, quiet and order, and in fact better than in the best governed city in the United States.
   In fact it was such a complete success that nearly everybody became converted to

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the theory that if the people were left to themselves without law they would enjoy the best government known.
   I never saw a man arrested during that whole period by the officers of the United States, so perfect and quiet was the condition of affairs.
   The coming of this "statu quo order" terminated what was known as the Seminole and Kickapoo wars.
   I have always felt that but for the pleas for peace and order, so constantly made by the Kickapoos, and their continued efforts to obtain redress by appeal to the department as Washington, that nothing but violence could have resulted from the condition of affairs existing.

IV

   In response to the request for an account of the struggle in the first legislative assembly, to remove the capital of the territory from the city of Guthrie, I will say that, Oklahoma territory was created by act of Congress, on May 2, 1890, and that act provided for a legislature and that there should be two houses, one called the "council" or "upper house," and composed of thirteen members, and of course seven would be a majority of that body. The house of representatives contained twenty-six members, and of course fourteen would be a majority.
   The act creating the territory provided that the capital of the territory should be located at Guthrie, until otherwise provided by the legislature.
   I was elected from Oklahoma county as a member of the council. George Steele, ex-member of Congress from Indiana, was appointed governor, and was a strong and rabid Republican. Nominations for the legislature were made by political parties, but there was very little voting on party lines. Nothing was to come before the legislature which was of a Democratic or Republican character, except the question of which party should have the little offices about the legislature.
   As soon as the legislature met, the fight for the location of the capital commenced brewing. The Republicans had a majority of two in the house of representatives, and a majority of one in the council, and could of course have organized both houses.
   There were two Republicans in the house, and one in the council from Oklahoma county. The minority of the house and council was composed of Populists and Democrats.
   The Populists and Democrats proposed to the two Republicans in the house, and the one Republican in the council, from Oklahoma county, that if they would united with the minority party and give them the legislative offices, they, in turn, would unite with these Republicans from Oklahoma county, and promptly pass a bill locating the capital at Oklahoma City.
   I was the Republican in the council from Oklahoma county, and opposed this deal, because I was satisfied it never could and never would be carried out.
   This kept the houses from organizing for something for over a week. During this time a large popular meeting was called and held in Oklahoma City, and I was sent for to come down, and give an account of my unwillingness to enter the capital deal, for the benefit of my own city, and I came.
   The meeting was an enormously large one, and held in the streets. I told the people of the difficulties in the way, that I was sure Governor Steele would veto the bill if passed, and that it took two-thirds to pass the bill over his veto, which we

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never could hope to get, but that we could get two good institutions, and possibly three, to-wit, the state university, the agricultural college, and the penitentiary, and that if we would give Guthrie the capital, we could unite their forces in the legislature with ours, and take anything we wanted except the capital. This proposition, to unite with Guthrie, was met with derisive yells, and a unanimous resolution was passed, with a great whoop, demanding the capital or nothing.
   While talking to that meeting on that occasion, such remarks as "Corner lots in Guthrie," and "ropes," and "telegraph poles" were plainly heard.
   I told the meeting that their order would be obeyed, and went back to Guthrie, gave the Democrats and Populists the legislative offices, and I at once prepared Council Bill Number 7, providing for the removal of the capital to Oklahoma City, upon a date named in the bill. This bill was promptly passed through the council by a vote of 7 to 6, and sent to the house, and there it began to meet all kinds of difficulties, most important of which was what was then suspected and afterwards known, that the people of Guthrie had raised money and bribed two of the Populists in that house, and one Democrat.
   For these men in the house to vote against the bill would be too bare-faced and so they amended the bill by fixing the date at which the capital should come to Oklahoma City, just one week later than that named in the bill as it passed the council.
   I was present in the house when this was done, and was of course very angry over the matter. There were rumors that one Populist in the council had also been fixed, and as I walked out of the hall of the lower house, I heard the expression, "By God, that fellow [meaning the fellow in the council who had been fixed] wasn't worth hog meat before the amendment was made, was he? But now, he is worth over a thousand dollars, ain't he?"
   Overhearing this conversation directed my attention at once to that member of the council. The capital bill had now of course to be sent back to the council, for that body to concur in the amendment so made by the house. The plan of those opposing the bill was to have it so amended in the house, and fix the council, by getting just one man, in such a way that the council would then stand seven against the bill and would never concur in the amendment, and then kill the bill.
   The bill was held in the council without action, over the three days allowed by the house to reconsider their vote, whereby they had amended the bill. The point to that by the opponents of the bill was to fix it in such a shape that it could never get back into the lower house, because the time allowed for reconsideration was passed.
   After the time was thus passed, the capital bill was called up in the council, and a motion made to concur in the amendment made by the house. The suspected fellow, sure enough, voted against the concurrence, but another man, who had been fixed, by means known only to certain Oklahoma politicians, which was said to be a thousand dollars, paid by an agent of a railroad company, to the utter amazement of the Guthrie people, voted to concur, which of course gave the bill seven votes to concur and the bill was passed.
   By all law and parliamentary usage this should have sent the bill to the governor for his signature or veto, but the house of

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representatives, in violation of all parliamentary rules, promptly passed a vote to recall and reconsider the bill, and voted so to do.
   Things were now desperate in the house of representatives, and what afterwards became a known fact was that the people of Oklahoma City and vicinity raised five thousand dollars, and sent it by a trusted agent, now a prominent man of Oklahoma City, and not the writer hereof, into the house of representatives, and with it part of the Kingfisher county delegation, in that body, was bought outright, and thus the reconsideration defeated.
   The bill was then sent to the governor, and just as I expected, was vetoed by him. The people of Kingfisher determined now to introduce a bill locating the capital in that city. This bill was introduced into the house of representatives, and had a clear majority, if they could hold the members from Oklahoma county.
   Soon rumor began to have it, that the Oklahoma county delegates in the lower house would not vote for the Kingfisher capital bill, unless this five thousand dollars was returned to the Oklahoma City people.
   The Kingfisher members had squandered or spent the money, and hence could not return it, and so the people of Kingfisher raised it and paid this five thousand dollars to a member of the house of representatives, as was subsequently developed, over an old stove in a hotel in Guthrie, which hotel is now torn down. Not strange to say, this money never got back to the people of Oklahoma, who gave it, but the Kingfisher bill passed, and in turn was vetoed by the governor.
   The act of Congress provided that no law passed by the legislature should become effective until after the legislature adjourned. There was then no efficient bribery law in force, and there was none until our present law against bribery (passed by that legislature) went in to effect with the adjournment of that body.
   The whole thing from beginning to end was a rotten, disgusting mess, of which I think every member of the assembly was thoroughly sick before it was done with. I found that every man that had a corrupt bill, or scheme, or a graft, would demand of the persons in favor of one of these capital bills that he should champion and pass that man's pet measure, and if he went back on that, that the other fellow would go back on the capital bill, and thus this bill was held as a club over the heads of every honest legislator, to try to drive him into the support of such other nefarious measures.
   Quite a number of scenes of violence were enacted in connection with that bill. On one occasion a crowd of Guthrie people got after the Hon. Daniel Peery, and chased him out of the house of representatives, and through the hall where the council sat, where he, by a lucky dodge, landed in a large unused ice-box, and there remained from about two o'clock in the after noon until relieved by his friends, about sun-down, and was then, I do think, the worst frightened man I ever saw. The reason of the chase was that his pursuers thought Mr. Peery had the capital bill, and they seemed determined to get it, apparently with the intent to destroy it. The facts were that Mr. Peery did not have the bill at all, but he heard only their curses and threats, and didn't know what they were chasing him for, but was clearly of the opinion that "prudence was the better part of valor," and hence fled.
   The council sat in the back end of a

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long store room, and across that room was a railing with a gate in it, which cut off about one-third of the rear end of the room, and held it for the use of the council when sitting as a body, the front two-thirds being used as a public lobby.
   At one time when this capital bill was under consideration in the council, the lobby was full of people opposed to the bill, and they undertook to raid the council, when they were met at this gate by a Mr. Nesbit, of Cleveland county, who declared he would shoot the first man who came through that gate, and so determined were his appearance and actions that he held that whole crowd at bay.
   During that time, a member of the council from Guthrie was making all kinds of objections and disturbances to prevent a vote on the bill. He was seized and held down in his chair while the vote was being taken, and it was this act which came so near provoking this rush on the council.
   Justice would demand that history should state the names of the persons who paid out these corruption funds, and the names of the persons who received them, but owing to the prominence of many of the parties, some of whom are still in Oklahoma, prudence demands that their names be omitted; but be it said that in that first legislative assembly there were many as honest and pure men, and men of as good intentions, and patriotic purposes, as ever sat in a legislative hall.
   After the enaction of these scenes, Congress passed acts forbidding the territorial legislature to remove or locate the capital of the territory.
   Another thing I would say, that it is an exceedingly dangerous and unwise thing for any people or community to contribute money, and place it in the hands of agents, to be used in fixing legislators, or other public officers, for the reason that it is almost an absolute certainty that large amounts of it are kept by such agents, and only a small portion, and many times none at all, paid to the public officers; this, besides the dishonesty in the whole business.
   This was abundantly shown in the transaction had during this capital fight, and further shown by the fact that the five thousand dollars returned by Kingfisher never made its way back to the people who had contributed it.
   In conclusion, I will add that subsequent developments confined the giving and taking of bribes to just four men in the council, and to not over five in the house, but the two houses were so close that that number was sufficient to determine any measure in either house, and those parties soon became thoroughly known in their respective houses, and were despised and without influence, either in or out of the house, after their fellow members became morally certain of their corrupt actions, and for them all, I have personally, at all times, shown the deep contempt I feel for them.

_________________

   When the countless difficulties and disputes over homesteads and town lots have been reviewed the inquiry naturally arises, What was the final outcome of all these troubles and how were the contested claims settled, and in what manner was order established among the inhabitants of the territory? In order to secure a detailed answer to these questions, and to throw additional light on the conditions arising from the settlement of Oklahoma, Mr. W. F. Harn was asked to contribute an article on the "sooner" and perjury trials which were brought by the federal government. Mr. Harn was the special attorney of the interior department sent to Oklahoma to investigate and prosecute these cases, and he [page 255] therefore writes from the standpoint of an expert and intimate observer of the events which he describes. His article follows:

Sooner and Perjury Cases
by W. F. Harn.