The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-04-26
m..lTARY Lawn
GENERAL Merritt Responsible For lrder IN
Oklahoma - StOckslagcr Explahs the
Law-POstal Facilities

0Soefal Merritt Responsible For trder h
Oklahoma = Stockslagcr Explshs the
Lsw-Postal Facilities.
WASHINGTON, April 1S-AnticbatinG
trouble and possibly fatal colisionit has
been determined to place Oklahomander
military law, aud Secretary Proct& has
ordered General Merritt to take thdfsld
and assume command of the mikary
forces. proceeding at once to King&her
station. Secretary Proctor will not bis.
close the instructions given General Aer.
ritt, but from what can be gathered Aey
undoubtedly give him authority to Use
unlimited discretion in preserving order
oy the armed forces of his commanl.
This practically constitutes General Met
rift Military Governor of Oklahoma.
General Merritt, who is already on thu
ground, had some doubt as to Just what
his course OF action should be in case Of
disturbance among the colonists with
which the United States Marshal at
Muskogee, who would ordinarily be
charged with the preservation of order,
and his deputies should be unable to cope,
and yesterday he telegraphed to the War
Department asking for special instruc.
TONS Secretary Proctor and General
Schofield had a lengthy conference over
the matter, but finally concluded to con.
suit the President and Secretary Noble Of
the Interior Department before issuing
any orders.
Accordingly long conference on the
subject took place at the White House
Yesterday afternoon at which Presi.
dent Harrison, Secretaries Proctor
and Noble and Attorney General Miller
were present The conference lasted UNI
til nearly six O'Clock, when Secretary
Proctor went over to the War Department
where General Schofleld was awaiting
him, and an order was Immediately for.
warded by telegraph to General Merritt.
Secretary Proctor declined to give the
order to the press, but it Is understood
that it gives General Merritt extraordinary
discretionary powers and authorizes him
to use his own Judgment as to when and
how to use the troops under his command.
This order is issued in accordance with
$50 of the army regulations,
which, after quoting the section
of the Revised Statutes authoriz-
ing the use of troops, reads as fol-
lows: Officers of the army will
not permit the use of troops under
their command to aid the civil authorities
as posse comitatus or in execution of the
laws except as authorized in the fore.
going enactments. If time will admit the
application for the use of troops must be
forwarded with a statement of the mate
rial facts for the consideration and action
of the President, but in cases of sudden
and unexpected invasion. Instruction or
riot endangering the public property Of
the United States or in case Of at.
tempted or threatened robbery or inter-
ruption of the United States mails or
other equal emergency officers of the army
may, if they think the emergency exists,
take such action before the receipt of in
from the seat Of government as
the circumstances and the law under
which they are acting may justify, and
will then promptly report their actions
and the reasons therefor to the Adjutant-
General for the information Of the Presi.
dent"
General Merritt has large force of men
under his command. and will station them
the Territory wherever in his
judgment they may be needed.
QUESTIONS ANSWERED.
Commissioner Stockslager has made pub
lie a letter concerning homestead entries
in Oklahoma, addressed to d. ID. Halstead,
Purcell, l. T. 1t runs thus:
In reference to n memorandum of five ques-
tons received from you under date of April IS.
have to state that it is not usual to answer
hypothetical questions. but in view of the
conditions affecting the public lands
N Oklahoma I will state as follows, viz:
First-A person desiring to become an actual
settler under the Honest cad laws may initiate
his claim by entry at the district land-office
after properly selecting and examining the
land desired. in which case he is allowed six
months from date Of entry within which to
establish his actual residence on the land, or,
IL he so elect, he may initiate his claim
BY actual settlement on the land. which may
consist OF some act or acts connecting him
self with the particular tract claimed, said
act or acts to be equivalent to an announce
nent Of such his intention and from which the
public generally may have notice of his claim.
Thereafter be is allowed three months within
which to make his claim of record by entry
It the district land-office. Which of these two
Methods should be chosen is q matter for the
,arty's election according to the circum-
stances and his own judgment of which is most
desirable.
Second and Third-Of two bona fide settlers
IT claimants the one whose settlement or entry
s prior in time will have the superior right
When the inception Of the claim is simultane-
,us-that is, at the same time precisely-the
egal right is equal and the question can be
iecGed according 10 the equities and the land
awarded to the party having the superior :.
EQUITIES, IL any, then it has been the practice to
,ut the land up between the claimants and to
ward the right Of entry to the one bidding the
highest for the privilege.
Fourth-The act Of March 9, 1889, enacts that
Until said lands are opened for settlement by
Of the President no person shall
,e permitted to enter upon and occupy the
anne, and no person violating this provision
hall ever be permitted to enter any of said
ands or acquire any right thereto The Presi-
ent's proclamation OF March q, 1882 calls at
ention expressly to this provision and directs
hat it be strictly enforced. (See circular Of
april 1. 1850, copy enclosed).
Fifth am not prepared in advance Of q
ase arising to give an opinion as to what par
ocular act or acts will be considered violation
I the law in this respect.
POSTAL FACILITIES.
The Post-office Department officials are
making active preparations for the imme-
late erection of two post-offices in Okla
Ioma-one at Kingfisher and the other at
iuthrie. Several post-office inspectors
re now on the ground examining pro-
osed mail routes into the country and
etween all important points. For
he present all mails will enter
he country from the north over
he Atchison, Topeka & Santa Fe
nd from the south they will be carried by
ocular Government contractors. 1t is
xpected that the mail facilities will equal
he needs of the settlers. Mail for the
and-office towns and other principal
oints will probably go forward on the
cry day or at least on the day following
be one on which the Presidents procla-
nation goes into effect.
An Obstreperous Music Teacher.
CINCINNATI April 1S-An exciting scene
'as enacted last evening in the Wesleyan