The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1889-04-11
DEPARTMENT OF THE INTERIOR.
GENERAL LAND OFFICE,


DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE :
WASHINGTON, April s. !
To the Hon. G. G. Vest, United States Senate:
SIR have the honor to return herewith the
letter which you recently left in this office ad-
dressed to you by H. S. Wicks dated at Kansas
City, No. the 1st inst, about town sites in
Oklahoma, Indian Territory In reference
to the specific questions presented by Mr..
Wicks' letter l have to state: l. That the
Oklahoma lands are all surveyed and anv
claims for town-site purposes therein under said
sectlons 1881 and % must be for the tracts ac-
tually settled upon and occupied by the inhabit-
ants 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 g. 1886, which
must be submitted to the department land Of
fees. q. No measures can be taken on
the land for establishing town site
prior to II o'clock noon of the 22i inst
when, for the first time the land becomes
open for settlement under the proclamation
B. 1t will be seen by reference to sections 1887
and 1888 given i'll circular of July g. 1886 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 to make entry. As it appears
that there are neither laws for incor-
pOration of towns nor county organi-
cations now existing in Oklahoma, il does
not appear to be feasible for entries to be eff
fected 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 quail
fed to make entry in trust for the inhabitants
according to the provisions thereof the register
and receiver are directed i'll circular of April l..
1889, to report the same, and await further in
structiOns before allowing entry of the land.
The legal prerequisites to the establishment
of towns, their incorporation as such
are dependent upon local laws, and after
entry is allowed under said sections 1887 and
1888 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 sTerritory-see said section 1887. As an
example of such legislation reference may be
made to the compiled laws of Kansas-Dassler,i
1881 pages 972 and 973 Where there appears to
be no means by which tOWn-site entries NAV be
effected and the method of proceeding there
after determined as to the righJ of the inhabit-
ants in oklahoma, until legislative provision is
made for the proper town and county organiza-
tions and for the execution of the trust us con-
templated in said sections 1887 and 1888, any
lands actually selected the site of CITY or town
or any lands actually settled and occupied for
purposes OF trade and business and not for agri-
culture, by bona fide inhabitants are in a state
of reservation from disposal under the home
stead laws, under sections 1858 and $3.50 United
States Revised Statutes, which will operate to
preserve the claims of the inhabitants of towns
from the 1nterposing adverse rights of settlers,
until such time as they be enabled to secure the
legal title to the lots under future legislation
s. M. STocKsLAGER, Commissioner.