Los Angeles daily herald., 1889-04-18
no. FOR OKLAHOMA!
Rush of Intending Settlers
Intensified
CROSSING THE CHEROKEE STRIP.
Massing of its Future Population.
Definition of the Terms Of Its
Settlement
Associated Press Dispatches to the HERALD

ObUbl6uIculS
Associated Press Dispatches to the HERALD
WELLINGTON, Kan, April 17.-Five
hundred boomer wagons passed through
here for Oklahoma this morning.
KANSAS Cry, Kan, April 1.-THE an
nouncement of Captain Hayes, who is
commanding the cavalry detached to
guard the border here, that the settlers
will be allowed to cross the line of Cher
okee Strip Immediately after midnight
on Thursday, has created great stir
among the projectors here, and 1t IS
thought that a large majority OF them
will take advantage of the opportunity,
and midnight tomorrow will witness
grand rush into the Strip. The campers
realize that all cannot cross the border
at the same place, and there will be a
scattering along the border for miles.
A terrible wind and rain storm passed
over here last night, which played havoc
with the boomers tents. The women
and children were drenched and badly
frightened.
CALDWELL, Kans., April 1.-THE Ok
lahoma excitement is at its height here
to-day. It is almost impossible to get
along the streets as the crowd is 30 dense.
Five hundred wagons, it was estimated
were placed on arrival to-day, while it is
reported that those who will come to-
morrow will double the amount
Captain Woodson, of the Fifth
Cavalry, says he will search
every outfit, to make sure that there is
no LIQUOR of any description taken into
Oklahoma. A bank was organized here
to-day by prominent capitalists, which
will open for business on the 22d, at
Lisbon.
WASHINGTON, April 1.-THE prospec.
tive opening of Oklahoma has already re-
suited in applicants for charters for a
national bank TO be established there.
These applications have raised the per-
picking question with which the At
torney- General and the Comptroller
of the Currency is now wrestling.
The law provides that applications for
authority to open National banks should
be on file for year before the charters
are granted. The Territory Of Oklahoma,
however, has not been open to settlement
until now, and consequently there has
hitherto been no occasion for applications
for the establishment of banks. With
the opening of these lands there will be
an immediate need of banks, but if the
law be construed literally, no National
banks can be established in Oklahoma
for year to come.
WASHINGTON, April I7.-Commissione
Stockslager has made public letter con-
cerning the homesteads in Oklahoma,
addressed 10 d. D. Halstead, Purcell, 1.
T. 1t runs thus: Gin reference TO the
memorandum of five questions, received
from you, under date of the 18th inst, l
have to state that it is not usual to an
swer hypothetical questions; but. in
view of the anomalous conditions affect
ing the public lands in Oklahoma,
I will state as follows First
A person desiring to become an
actual settler under the homestead laws
may initiate his claim by entry at the
district land office, after properly select
ing and examining the land described !;
in which case he is allowed six months
from the date of entry within which to
establish his actual residence on the
land, or, If he 30 elect, he may initiate
his claim by actual settlement on the
land, which may consist of some acts or
acts connecting himself with the par
ticular tract claimed; said act
or acts to be equivalent to an
announcement that such is his intention,
and from which the public generally may
have notice of his claim. Thereafter he
is allowed three months within which to
make his claim of record by entry at the
District Land Office. Which of the two
methods is to be chosen is q matter for
the party's election according to circum-
stances, and his own judgment of which
is most desirable.
Second and third. OF two bona fde
settlers or claimants, the one whose set
tlement or entry is prior in time will have
the superior right. When the inception
of the claim is simultaneous. that is, at
the same time precisely, the legal right
is equal, and the question cannot be de-
cided according to equities, if any. II
there be none then it has been the prac-
tice to put the land up between the
claimants and to award the right of entry
to the one bidding the highest for the
privilege.
The act of March 4, 1889, enacts that
until such lands are opened. for settle
ment by proclamation of the President,
no person shall be permitted to enter
upon and occupy the same, and any per.
son violating this provision shall never
be permitted to enter on any of said
lands or acquire any right thereto
The Presidents proclamation Of
March 29d, 1889, calls attention
expressly to this provision and directs
that it be strictly enforced. l am mo-
prepared, in advance of case arising
to give an opinion as to what particular
act or acts will be considered violation
of the law in this respect"
CHICAGO. April IA Times, For
Smith, Ark, special says: -Four mer
were killed on the border OF Oklahoms
to- day. Word was received here THU
evening of conflict between parties
of boomers, cattlemen, and thu
Chickasaw police at the tort
on the Chisholm cattle trail
ferty miles west of Oklahoma City, oil
the Canadian river. The cattlemen wer,
taking several hundred animals iron
Frank Colbert's ranch in the ChickasaV
Nation to Kansas, put the mounted po
lice guarding the northern border G
Oklahoma refused to permit then
to use the celebrated Chisholm
trail, leading through the new terri
tory. A fight resulted, in whicl
the cattlemen were reinforced by part
of boomers from Cooke and Fannin
counties, Texas. One of the guards
two cattlemen and one boomer, name
Geias. were killed in the melee, Som