The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-04-26
THE NEW TERRITORY.
MIR. Springer's Advice to Settlers
in Oklahoma
How . Local Government May Be In
Observation-Disclosures of the United
States Court-Matters Worthy Of
Careful Consideration.

Springer, author of the Oklahom1 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 ed. He says:
Frequent inquiry has been made as to the
kIud OF government that has been or can be es-
tabiished in Oklahoma or IN that part Of the
Indian Territory in which settlements are per-
:nitted upon the public domain on and after the
I'D 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
6y the Constitution nor prohibited by it to the
States are reserved to the States respectively,
or to the people"
Citizen OF the United States residing upon
the public domain ought it seems TO me, to
possess all the powers OF government which
eave 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. 1t is absolutely neces-
sary for the security Of the people. and for the
promotion OF their welfare. that town. city and
will include city. county and probate courts,
ane city and county governments for the laying
out, opening Of streets and highways, the build
ing of bridges, the admin stratiou 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
rytng out the functions of those governments
hare 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-
nsh a de facto government for their own safety
and protection In California a provisional
state government was established and put in
force by the people prior 10 their admission into
the Union No laws OF Congress need be vio-
lated-in facr, they should be sustained to the
utmost eXtent-and no laws should be passed
u such provisional government except where
the scts - Congress fail to give necessary Sc
curity TO perssa> s5.,s property, aud 10 provide
the means necessary Tor municipal, county and
territorial government
II is a matter Of serious regret that the Okla
homs bill, which provided q government for
that region, failed to become 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 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 pr serving
their rights OF person and property. for as Judge
Cooley held, in the case OF the people vs.. Hurl-
burt "a Michigan, page A. local government
* matter of absolute right
The fr-t desideratum which must be met i
that OF town and city governments. There are
many places il tie territory at which within
a 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
tons? There Is no legislature now IN ex-
istence which can authorize municipal moor
porations: nor have any statutes been passed
by tie United States providing for such or
CARNATIONS. Hence there can be no such
thing at present as an Incorporated city or
town How shall the people. therefore, pro-
coed in the first instance 20 secure local govern
mert in such cities and townss There is no
precedent. except such as may have been pur-
sued by mary OF the pioneers Of he West. es-
peciaIly 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 10 organize Of them
selves and by themselves to secure local gov
eminent and protection TO person and property
y suggestion as 10 mode OF Temporary or
gauizstion may not out OF place at this time
Unless efficient measures are taken the law less
element who will congTegate in the new CEN
tiers of population viii pursue their unlawful
propenstties al hbitum. 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 a mass meeting OF the inhabitants
Of the town or city, fixing the time and place:
and when such mass meeting is assembled
a 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 a mayor city clerk city marshal, a
police magistrate and as many policemen as
might be deemed necessary TO act as a 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 al the functions OF a provisional CT |
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 governmeato of |
cities or towns IN this way a provisional city |
or town government could be established at 4
once, and an quite sure that its authority |
would be respected by all Of Tie inhabitants !
thereof
As 10 the county and territorial governments. |
| would suggest The following method OF pro-
cedure: The Oklahoma bill having passed the |
House Of Representatives by a large majority, |
tut having failed TO pass the Senate at the last
session, GId not become the law OF the land 4
But il order 10 establish a provisional terri
to-ial government over the lands which NAV be |
open to settlement in the Indian Territory |
the people there might assume that the
Oklahoma bill had passed, as Congress
viii probably pass this biIl at the next session
and would probably ratify all acts Of a pro-
visional govern nent which might be passed 4
upon the theory Of that bill Section Of that
bin adopted, title % chapter l. of the Revised
Statutes. relating 10 the government Of all the
Territories. But these provisions Of the Re
Tised Statutes require the President of the
Gated states &c appoint I Governor. Secre-
tary. Suprrnc Court a. Attorney and |
Marshal fur the Territory, and proceeds
10 describe their duties. The only de-
feet therefore, is in the fact that the
President can Lot 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 |
called by the mayors OF the respective cities
and towns to be composed OF delegates from
each locality and 10 meet at place indicated
This invitation should include the inhabitants |
residing on the public land strip, or No-Man's-
Land. When this delegated convention should
assemble, it might adopt the basis of the
government title q chapter / of the Revised
Statutes, to which 1 have referred, and |
proceed to elect the provisional officers which
that chapter requires These provisional on
GERS would then have the authority 10 put the |
territorial government IL force the same as IL
the Oklahoma bill had passed. With these
initial steps taken the subsequent proceedings