Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-04-25
THE NEW TERRITORY.
Mr.. Springer's Advice to Settlers
in Oklahoma.
How a Local Government May De In
Observation-Disclosures of the United
States COurt-Matters Worthy of
Careful Consideration.

Springer, author OF the Oklahcma bill,
which failed in the Senate. has sent to the
Kansas City Times an important letter
bearing on the government, or want OF
government, in the lands to be opened UP
on the 22d. He says:
Frequent inquiry has been made as to the
aInd Of government that has been or can be es.
tablished in Oklahoma, or In that part of the
Indian Territory in which settlements are per-
nitted upon the public domain on and after the
I'D of April inst
The tenth article Of the amendments to the
Constitution of the United States provides that
1.-The powers not delegated to the United States
by the Constitution nor prohibited by it to the
States are reserved TO the States respectively,
or to the people"
Citizen Of the United States residing upon
the public domain ought, it seems to me, to
possess all the powers of government which
baye not been delegated by the Constitution to
the United States, and which have not been
prohibited by any act OF Congress passed in
pursuance thereof A provisional GOVERN ent
established in harmony with existing laws and
conforming to all acts of Congress can be es-
tablished for the government Of the people who
may reside in that part Of the Indian Territory
opened 70 settlement under the Land laws
Of the United States. 1t is absolutely neces
sary for the security Of the people, and for the
promotion Of their welfare that town, city and
county government shall be established. These
will include city, county and probate courts,
and city and county governments for the laying
out, opening Of streets and highways, the build
ing of bridges, the administration of estates,
and such other powers as are exercised by the
towns, cities and counties in the respective
States.
During the late rebellion the governments
established by the seeded States, which were
in defiance of the Constitution and laws of Con-
49,
ernments by the Supreme Court OF the United
States, and certain acts done by them in car
rying out the functions of those governments
hare been regarded as binding. If such gov
ernments, hostile to the United States. could be
established de facto governments, which would
be recognized by the supreme judicial authority
of the United States, how much more reason is
there for conceding the right OF the people
who may occupy the lands open TO settle
ment in the Indian Territory the right to estab-
ish de facto government for their own safety
and protection. In California provisional
state government was established and put in
force by the people prior TO their admission into
the Union. No laws OF Congress need be vio-
lated-in fact, they should be sustained to the
utmost extent-and no laws should be passed
81 such provisional government except where
the scrs - Congress fail TO give necessary
curity to pers2r> eIS property, and TO provide
the means necessary Tor municipal county and
territorial government.
II is a matter OF serious regret that the Okla
homa bill, which provided a government for
that region, failed to become a law at the recent
session Of Congress. That bill having failed,
the people who may go upon the Oklahoma
lands, and such other lands as may hereafter be
opened to settlement in the Indian Territory
are left in a peculiar condition, and they must
supply for themselves in their own way that
which Congress has failed to furnish for them,
for the purpose of protecting and PIT serving
their rights of person and property. for as Judge
Cooley held. in the case of the people VS.. Hurl-
burt GA Michigan, page A. local government
is matter OF absolute right
The first desideratum which must be met is
that of town and city governments. There are
many places in the territory at which within
brief period several hundred, and perhaps
several thousand, persons will assemble. How
shall these people be governed in those matters |
which relate purely to municipal corpora |
tons! There is no legislature now In ex-
lstence which can authorize municipal moor
porations; nor have any statutes been passed |
by tie United States providing for such or
CARNATIONS Hence there can be no such |
thing at present as an incorporated city or |
town. How shall the people, therefore, pro-
coed in the first instance to secure local govern
ment in such cities and towns? There is no
except such as may have been pur-
sued by many of the pioneers OF The West, es-
pecially those who found themselves in early
times in mining camps where large population
had suddenly assembled, and where it became |
necessary for the people to organize of them
selves and by themselves to secure local GOV
and protection TO person and property |
A suggestion as TO a mode OF temporary or
ganiZation may not e out OF place at this time |
Unless efficient measures are taken the lawless
element who will congregate in the new CEN
tiers OF population will pursue their unlawful
ad libitum, thus rendering every
thing insecure. A provisional city government |
might be formed in the following manner: A
few prominent citizens might publish a
call for mass meeting OF the inhabitants
OF the town or city, fixing the time and place; |
and when such mass meeting is assembled |
a committee should be appointed consisting of
prominent and influential inhabitants who
would be required to report to a subsequent
meeting on the same or succeeding day. the
name of a mayor, city clerk. city marshal a
police magistrate and as many policemen as
might be deemed necessary to act rs a provi-
sional city or town government until an election |
could be called. These officers names could be
TO a mass meeting of the citizens and,
having been agaeed to, they could at once as
'ume all the functions of a provisional civ
government. And as Kansas is the nearest
state, and its laws will be the most familiar
hese provisional cities could adopt for them
elves the laws OF Kansas for the government of
titles or towns. In this way a provisional city
II town government could be established AT |
,nre, and am quite sure that its authority {
you'd be respected by all of the inhabitants |
hereof. Il
As 10 the county and territorial governments | ,
would suggest the following method Of pro- .
'edure: The Oklahoma bill having passed the
House of Representatives by q large majority.
tut having failed to pass the Senate at the last
session, dId not become the law Of the land S
SUIT in order TO establish a provisional terri (
orlal government over the lands which NAV be L
pen to settlement in the Indian Territory y
he people there might assume that the
Oklahoma bill had passed, as Congress
Till probably pass this bill at the next session
nd would probably ratify all acts of a pro- I
isional government which might be passed a
pom the theory OF that bill Section . OF that {
i'll adopted, title % chapter !. of the Revised t
statutes, relating TO the government of all the
territories. But these provisions of the Re-
ised Statutes require the President of the
United states to sppoint Governor Secre- :
airy, Supreme TorrL al Attorney and a
darshal for the Territory, and proceeds
D describe their duties. The only de-
ct, therefore, is in the fact that the
resident can Lot appoint the officers indi-
sted. But the people may Professionally ap- r
ONT such officers, and for the purpose of do Z,
as this there might be delegated convention p
allied by the mayors OF the respective cities :
nd towns to be composed Of delegates from =
sch locality and to meet at a place indicated. =
his invitation should include the inhabitants d
ssiding on the public land strip. or No-Man's- a
and. When this delegated convention should il
ssemble, 1t might adopt as the basis Of the D
overnment title %, chapter / Of the Revised II
tatutes, to which I have referred, and Fl
roceed to elect the provisional officers which :.
lat chapter requires These provisional on !,
ers would then have the authority to put the a