Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1889-04-25
SPRINGER's ADVICE.
Tho Author OF the Oklahoma Bill
Gives an Opinion.
A Provisional Government May he Inau
gurated-Precedents Cited as Authority
"A Plan Of Municipal Govern
ment Outlined.

WAsHidoroN April 16-Hon W. N
Springer, author of the Oklahoma bill
which failed in the Senate, has sent to the
Kansas City Times an important letter
bearing on the government. or want OF
government, in the lands to be opened UP
on the 22d. He says:
FREQUENT INQUIRY has been made as to the
kind of government that has been or can be es
tablished in Oklahoma, or in that part of the
Indian Territory in which. settlements are per-
mitted upon the public domain on and after the
ED of April inst.
The tenth article Of the amendments to the
Constitution of the United States provides that
''the powers not delegated to the United States
by the Constitution nor prohibited by IT to the
Etates are reserved to the States respectively,
or TO the people,"
Citizen of the United States residing upon
the public domain ought 1t seems to me, to
possess all the powers OF government which
have not been delegated by the Constitution to
the United States, and which have not been
prohibited by any act OF Congress passed in
pursuance thereof provisional government,
established in harmony with existing laws and
conforming to all acts of Congress can be es-
tablished for the government OF the people who
may reside in that part OF the Indian Territory
opened to settlement Under the Land laws
of the United States. It is absolutely neces-
sapy for the security OF the people, and for the
promotion OF their welfare, that town, city and
will include CITY, county and probate courts,
and city and county governments for the laying
out opening Of streets and highways, the build
ing OF bridges, the administration OF estates,
and such other powers as are exercised by the
towns. cities and counties in the respective
States.
During the late rebellion the governments
established by the seeded States, which were
in defiance of the Constitution and laws OF Con-
gress, have been recognized as de facto gov
ernments by the Supreme Court OF the United
States. and certain acts done by them in car
rying out the functions OF those governments
have been regarded as binding II such gov
ernments. hostile to the United States. could be
established de factO governments which would
be recognized by the supreme judicial authority
of the United States, how much more reason is
there for conceding the right of the people
who may occupy the lands open to settle
ment in the Indian Territory the right to estab-
hsh de facto government for their own safety
and protection. In California q provisional
state government was established and put in
force by the people prior to their admission into
the Union. No laws of Congress need be vio-
lated-in fact they should be sustained to the
utmost extent-and no laws should be passed
by such provisional government except where
the acts of Congress fail to give necessary Sc
curity to persons and property, and to provide
the means necessary for municipal, county and
territorial government.
It is matter of serious regret that the Okla
that region, failed to become a law at the recent
session of Congress. That bill having failed,
the people Who may go upon the Oklahoma
lands. and such other lands as may hereafter be
opened to settlement in the Indian Territory,
are left in a peculiar condition, and they must
supply for themselves in their own way that
which Congress has failed to furnish for them,
for the purpose of protecting and preserving
their rights OF person and property, for as Judge
Cooley held. in the case of the people VS.. Hurl-
burt CA Michigan, page A. local government
is matter OF absolute right"
The first desideratum which must be met is
that OF town and city governments. There are
many places in the territory at which within
q brief period several hundred, and perhaps
several thousand, persons will assemble. How
shall these people be governed in those matters
which relate purely to municipal corpora
tionsf There is no legislature now in ex-
istence which can authorize municipal incor-
porations; nor have any statutes been passed
by the United States providing for such or
CARNATIONS Hence, there can be no such
thing at present an incorporated city or
town How shall the people, therefore, pro-
coed in the first instance to secure local govern
ment in such cities and townsf There is no
precedent, except such as may have been pur-
sued by many Of the pioneers of the West es.
pecially those who found themselves in early
times in mining camps where a large population
had suddenly assembled and where it became
necessary for the people to organize of them
selves and by themselves to secure local gov
eminent and protection to person and property.
A suggestion as to a mode of temporary or
ganization may not J. e out of place at this time.
Unless efficient measures taken the lawless
element who will congregate in the new cen
tiers of population will pursue their unlawful
propensities ad libitum, thus rendering every
thing insecure. A provisional city government
might be formed in the following manner: A
few prominent citizens might publish a
call for mass meeting of the inhabitants
of the town or city, fixing the time and place
and when such mass meeting is assembled
q committee should be appointed consisting Of
prominent and influential inhabitants, who
would be required to report to a subsequent
meeting on the same or succeeding day, the
name of q mayor, city clerk city marshal, 9
police magistrate and as many policemen as
might be deemed necessary to act as q provi
sional city or town government until an election
could be called. These officers names could be
submitted to mass meeting OF the citizens and
having been agaeed to, they could at once as
sumo all the functions OF a provisional CT J
government And as Kansas is the nearest
State, and its laws will be the most familiar
these provisional cities could adopt for them
selves the laws OF Kansas for the government Of
cities or towns. In this way q provisional city
or town government could be established Al
once, and am quite sure that its authority
would be respected by all of the inhabitants
thereof.
AS to the county and territorial governments
would suggest the following method of pro
cedure: The Oklahoma bill having passed the
House of Representatives by large majority
but having failed to pass the Senate at the las
session, did not become the law Of the LAND
But In order to establish provisional terri
torisl government over the lands which may bt
open to settlement in the Indian Territory
the people there might assume that the
Oklahoma bill had passed, as Congress!
will probably pass this bill at the next session
and would probably ratify all acts of pro
yisional government which might be passed
upon the theory of that bill. Section 9 of tina
bill adopted. title 81 chapter I. OF the Revised
Statutes, relating to the government OF all the
Territories. But these provisions of the Re
vised Statutes require the President of thu
United States to appoint a Governor, Secre
tary, q Supreme Court an Attorney and
Marshal fur the Territory, and proceeds
TO describe their duties. The only de
feet. therefore. is in the fact that thu
President can Iot appoint the officers indi
Gated. But the people may Professionally ap
point such officers, and for the purpose of do
ing this there might be delegated convention
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