The Red Cloud chief., 1889-04-26
THE NEW TERRITORY.
Mr.. Sprineer's Advice to Settlers
in Oklahoma.
How q Local Government MAY Ee In
Observation-Disclosures of the United
s;at'> Court Matters Worthy Of
Careful Consideration.

sNNN-
barng on thu government. OF want Of
government in the lands to be opened up
on the e2d. He SAYS:
Frequent inquiry has been made as 20 the
siud 81 government That has been or Can be es-
,"ha-hec IN Oklahoma or IN inat part o: the
indiar Territory IN which settlements are per-
!Li''"a u-on The public domain On and after the
I'D Of April inst
Tie zenith arlcie o. the amendments TO The
Constitution ~ Tho United States provides that
The powers not delegated 10 the United States
~ Ia" Constitution nor prohisitec by !: 10 The
states are reserved to the States respectively,
or 10 the people"
Citizen q: The United States residing upon
The public domain ought. IL seems 10 me, 10
possess all the powers OF government which
h@vc not been delegated by the Constitution 10
the United States. and which have not been
prohibited by any act o: Congress passed ia
pursuance thereof A provisional government,
established Ia harmony with c~Xistin; laws and
conforming to all acts O: Congress can be es-
tabiisned for the government OF the people who
NAY reside Ia that part OF the Indian Territory
opened 10 settlement under Ia. Land laws
Of the United States. II Is absolutely neces-
sary for the security OF the people. and for the
promotion Of their welfare, that town, city and
county government shall be established. These
VIII include city. county and probate courts.
and city and county governments for the laying
out. opening OF streets and highways, the build
irg 90 bridges, the administration OF estates.
anc such other powers a. ARE exercised toy tine
towns. cities and counties il the respective
States.
During the late rebellion the goyerf m.nts
csrab. ished rs the seeded States, which were
H. defiance Of The Constitution and laws OF Con
gree. have been recognized a. de fac,o gov
"rumcnis toy the Supreme Court Of the United
States, ana certain acts done by Them ia car
ryiug out tae functions OF those governments
ha:. been regarded a. binding. II such GOV
"rfm'nts. hostile 10 the United States. could be
established de fAcio governments. which w"uld
p" recognized ~ The supreme judicial authority
OF ~. United States, how much more reason. l.
there Tor cuuccding the right OF the peopl"
who may occupy IA" laud- open "a settle
menl IN the Indian Territory the right 20 .siah
lish "a ne iacio government for their own safety
and protection. In California "a provisional
stat" government was established and pat ia
force ny the Ie"ple prior TO thcir admission into
the Union. No laws of Congress need Zoe yio-
!atcd-in fact. they should To- sustained To- IN"
utmost 'Etent-and no laws should be passed
- such provisional government except where
III. - -: congress IA! 10 Civ" necessary 81
curl'y 'o pea > - a. property. aHd 20 proyid"
the means necessary Tor municipal, county and
territorial government
Il J. "a matter of serious regret that the Okla
h"u.a hin, which provided a government for
that region. failed to t-cuun. a law al the recent
session of Congress. Tha, bill having failed.
IA" people Who may 40 upon she Oklahoma
lands. and such other lands a. may hereafter hc
opened Z" settlement ~ IN" 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,
Cor IN" purpose OF protecting and pr, serving
their rights of person and properly. for as .Juigr
'ool"s held IA the case of the pcop'e " Hurl-
burt "a Michigan. page A. local government
- matter al lti>niut" r.phr"
The fir-r d">idcritum which must he met i
hat Of town lnt city governments. There arr
many riac's IL n" I'rrliory AT which within
a hrI-; lcrI"d several hundred. and perhaps
s.v"ra! 'hou-and, persons VIII assemble How
shall! thr>" pr"pi" hc governed Iu those matters
which relate purely Ia municipal corpora
uuue, Their" - no legislator" NOW IA cX
'st"ac" which can authnriz" municipal moor
pora,ious. nor have amy statutes been passed
~ rs iUIt-d States providing FOR such or
raniZailDns- Hence, ih"r- can b" no such
tulnc Al present a. an Incorporated city al
town Ilow shall The people. therefore. pro
coed III The first instance to secure local govern
m"nr IN such cities and towns Their u no
precedent. except such - may have been pur
sued by many Of the pioneers OF he Nest. cs
p"Ciaily those who found themselves in early
times in mining camps where a large population
had suddenly assembled. and whrrr n became
necessary for the people to orgarlz" Of tL"ni
SELVES and hv themselves 10 secure IocaN.o"
eminent ana protection Ia person and proper;r.
\ suggestion a. TO a mod. of temporary or
SANITATION r3ay not g out az place ai tins time
Unless efficient measures are taken The lawa-es
element who Will cougrcgaic IN IN" new CEN
tiers of population vii. pursue their unlawful
rrop.usifirs al lihiiun, thus rendering every
,hing insecure. a provisional city government
NIGH, be formed IN The following manner: A
lew prominent citizens might publish "a
call for "A mass meeting OF the inhabitants
az the town or CITY. fixing the time and place;
and when such mas meeting l. assembled
"a committee should lie appointed consisting OF
proninent and Influential inhabitants, WHO
would ie required Ia report "a "a subsequent
meeting on the same or succeeding day. the
name OF a mayor. city clerk. city marshal. a
police magistrate and n many policemen as
might he deemed necessary ~ act n a lro,i-
.ional city or town government until an election
c ulc I've called These officers names could he
submitted 10 IA mass meeting of the cit srn> and,
having been acaecd 10. they could al once a.
.umc all the functions OF a provisional q \
government And n Kansas u the nearest
state. and it, laws will H. she most familiar
these provisional cities could aiop, for them
selves the laws a. Kansas for the government 81
cities or towns. In this WAY d PROVISIONAL city
~ town government could Toe established "a,
once. and ! ana quite sure tina; rs authority
would ~ respected 10y al al The inhabitants
Thereof:
\, IL thr county and territorial governments.
wound surrc>; the following m"rhos ~ uro-
c-,lu-e: The Oklahoma bill havlnr passed the
HOUSE - Representatives. hy a Iarlc majority.
gut having failed IL pass the Senate n the !ast
session. old not become IRE law az The land
Gsut IN order to establish a provisional terri
toriai government over IN" lands which NAV Ice
open 10 settlement In the Indian Territory,
- ,-a-a. 1900 81 81
Oklahoma bail had PASSED. a. Congress
NIL probably pass :his bIl az the next session.
and would probably raify AL acts Of a pro |
yision8l govern rlcGt which might BE- passed
upon the theory OF that hill, Section : a; thar
hill adopted. title 3, chapter l. Of the Revised
Statutes. relating IL the government q; all the
Territories. But these provisions Of the r.
Used Statutes require the t'rrslien; q: the
Gated states &c s.aoinr 5 Governor. n Secre-
tary. a supreme .unI "a. Attorney and -
Marshal fr the Territory. and praceeds
10 describe their duties The only de-
feet. therefore. j. N the fact that the
President can lot appoint the officers ind |
Gated. But The people may professionally ap- |
point such Officers. and for the purpose of do |
ms fhis there might Toe a delegated convention
called by the mayors az the respective cities 1
and towns TO he composed % delegates from /
each locality ana TO meet al u place Indicated
THIS invitation should include the inhabitants |
residing on the public land strip. or No Mans
Land. When his delegated convention should 1
assemble. i; might adopt as the basis q! the
government title q. chapter o; The Revised
statutes. 10 which l have referred, and
proceed 10 elect the provisional officers which |
tina, chapter requires Thcs, provisional On
Gers We Ia then have the authority 10 nut .he /
territorial government Ill force, the same a. Il
the oklahoIna bIl had passed. VIII these
Nnltiai steps taken ;he Subsequent proceedings
III CLEARLY dc:ued IL the section, -. The r.
IN - nH..h 1 -. 49,. IT, L