Crawford avalanche. (Grayling, Mich.) 1879-19??, 1889-04-18

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Commissioner of the General Land Office
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, April 5.
To the Hon. q. G.. Vest, United States Senate:
SIR have the honor to return herewith the
letter which yeu recently left IN this Office. ad.
dressed to you by II. s. Wicks, dated at Kansas
City, Mo-, the 1st inst about town sites in
Oklahoma, Indian Territory. In reference @
Wicks' letter / have TO state: !. That the
Oklahoma lands are all surveyed, and any
sections 1887 ind 2bSs must be for the tracts ac-
tually settled upon and occupied by the inhabit.
ants according TO the proper legal subdivisions
established by such surveys, Hence, no Plats or
survey OF the town sites will be required for the
purpose OF entry at the district land office, and
the land so occupied must be identified as the
tract applied for, by the proper proof; specified
page five of said circular of July 9, 1886 which
must be submitted to the department land off
fees. q No measures can be taken on
the land for establishing town site
prior to IL O'Clock nooI OF the I'D inst,
when, for the first time, the land becomes
open for settlement under the proclamation.
3. IL will be seen by reference to sections ISoI
and 1888 given in circular of July g. 1886, that
they require for effecting a town site entry that
the town shall be incorporated In which the en-
try must be made by the corporate authorities
for whom the Mayor may act, or, IL the town is
not Incorporated, for the Judge of the County
Court for the county in which such town Is
situated to make entry. As it appears
poration of towns nor county ,organi-
zatiOns now existing In Oklahoma IL does
not appear TO be feasible for entries to be ef-
fected 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
fied to make entry In trust for the Inhabitants,
according to the provisions thereof, the register
and receiver are directed in circular of April i,
1899 to report the same, and await further In
structlons before allowing entry of the land.
The legal prerequisites to the establishment
of towns or their incorporation as such
entry IL allowed under said sections 1887 and
1898 i'm 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 972 and 973 Where there appears to
be no means by which town-site entries may be
effected and the method OF proceeding there
after determined as to the right OF the inhabit-
ants in Oklahoma, until legislative provision is
made for the proper town and county organiza-
tions, and for the execution OF the trust con-
templated in said sections 1887 and 2386, 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 a state
Of reservation from disposal under the home
stead laws, under sections 2258 and 2360, 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,
s. srocKsLAGER, Commissioner.