Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-04-19
DEPARTMENT OF THE INTERIOR,

commissioner or the General Land Omco
stockslager, which fully explains itself:
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
dressed to you by II. s. Wicks, dated at Kansas
City, Mo-, the LIST inst, about town sites in
Oklahoma, Indian Territory. In reference
Wicks letter I have to state: /. That the
Oklahoma lands are all surveyed, and any
claims for TOWNSHIP purposes therein under said
tually settled upon and occupied by the inhabit-
ants according to the proper legal subdivisions
established by such surveys: Hence, no p!ats or
purpose of entry ut the district land office, and
the land 80 occupied must be identified rs the
tract applied for, BY the proper proof speo4aed
must be submitted to the department land Of
fees. q. No measures can be taken on
the land for establishing e. to 9s9 ,n Ste
when, for the first time, the land becomes
open for settlement under the proclamation.
8. It will be seen by reference to sections 2S97
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
not inc" incorporated for Tie Judge Of the County
Court for the county in which such town is
situated, to make entry. As it appears
G0aG Ulefo dI0 ne1GQer lAWS ZOE 1ucOE.
cations now existing in Oklahoma, it does
not appear to be feasible for entries to be Of
footed 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 in 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 or their incorporation as such,
are dependent upon local laws, and after
entry il allowed under said sections 1857 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 ,Territory-see said section 1887. As an
example Of such legislation reference may be
made to the compiled laws OF kansas-Dassler,
1881: pages 372 and 973. Where there appears to
be no means by which TOWNSHIP entries may be
after determined as to the right of the inhabit-
ants in Oklahoma, until legislative provision Is
made for the proper town and county Organ1za-
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,
or any lands actually settled and occupied for
purposes of trade and business and not for agri-
culture by bona fide inhabitants, are in o state
of reservation from disposal under the home
stead laws, under sections 2258 and 1889, United
States Revised Statutes, which Will operate to
preserve the claims of the inhabitants OF towns
from the interposing adverse rights OF Settlers.
until such time they be enabled to secure the
legal title to the lots under future legislation.
Respectfully, ,,o.,,,,a,..,u