The true northerner., 1889-04-17
OF IHL INIEEION,
GENERAL LAND OFFICE,
W ArIITNl.t.nN A mi 4


Stockslager, which fully explains itself:
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE,
WASHINGTON, April s.
To the Hon. c. G.. Vest, United States Senate
SIR have the honor 10 return herewith the
letter which you recently left in this Office adj
dressed 20 you by II. 5. Wicks, dated at Kansas
City, Mo-, the lst inst, about town sites in
Oklahoma, Indian Territory. In reference
TO the specific questions presented by Mr.
Wicks' letter have To state: /. That the
Oklahoma lands all surveyed and any
claims for town-site purposes therein under said
sections 1887 and % y must be for the tracts ac-
tually settled upon and occupied by the inhabit-
ants according 10 the proper legal subdivisions
established by such SURVEYS. Hence, no p1dts 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 tho
tract applied for, by the proper proof, specified
on page five of said circular OF July p 1856 " hich
must be submitted TO the department land Of
hces. 2 No measures can be taken ON
tine land for establishing town site
prior To - o'clock noon of the 20 inst,
when for the first time the land becomes
open for settlement under the proclamation.
3. IL will be seen by reference 10 sections 23S7
and 1855 as given in circular Of July o 1856, that
they require for effecting town site entry that
the town shall be Incorporated, in which the en-
try must be made by the corporate authorities
for whom the Mayor may act, or, If the town is
not Incorporated, for the Judge OF the County
Court for the county in which such town is
situated 10 make entry. AS il appears
that there are neither laws for incor-
cations now existing in Oklahoma, il doesN
not appear 20 be feasible for entries to be ef-
1dected under said sections while this condition.
continues, and applications, should therefore be
made 10 the district officers under said sections
but in the absence Of the officers properly quail
fed To make entry in trust for the Inhabitants
according TO the provisions thereof, the register
and receiver are directed in circular OF April /,
1882 10 report the same, and await further in
structions before allowing entry of the land
The legal prerequisites 10 the establishment
of towns or their incorporation such,
are dependent upon local laws, and after
entry is allowed under said sections 23S7 and
2}SS in trust for the inhabitants, the execution
of such trust as 20 the disposal of such lots in
said town, and the proceeds of the sales thereof
is 10 be conducted under such regulations as may
be prescribed by the Legislative authority of the
State or .Territory-see said section 1881. As an
example OF such legislation reference may DO
made To the compiled laws of Kansas-Dassler,
1881 pages 972 and 913 Where there appears to
be no means by which town-site entries may be
effected, and the method of proceeding there
after determined as 10 the right of the inhabit-
ants in Oklahoma until Legislative provision is
made for the proper town and county organfza-
tions and for the execution Of the trust as con-
templated in said sections 1887 and 23SS, any
lands actually selected the site of city or town,
any lands actually settled and occupied for
purposes Of trade and business and not for acri-
culture, by bona fide inhabitants are in state
Of reservation from disposal under the home
stead laws, undor sections Obs and 1859, United
States Revised Statutes. which will operate to
preserve the claims OF the inhabitants Of toyns
until such time as they be enabled to secure tho
legal title 70 the lots under future legislation
Respectfully,
S. NJ. STocKsLAGER, Commissioner.