The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-01-10

nothing of the half-dozen or mors long
felt wants that have sprung up in coun-
ties y AMI 3
Saltwater Gazette; Late Hall, an old
Strip boomer, came down from Black Bear
creek, on Monday. bringing the news that
n body OF Cherokee Indians had arrived in
that vicinity the previous day, wLo took
claims and began making improvements
that sicnfied their intention of locating
permanently They tried to employ the
{ boomers to build houses for them, and
think they can hold eighty acres each by
virtue OF the fifth article OF the agreement,
which provides that those Cherokees
now resident upon the Strip. may take
eighty acreS of land, which snail cover
/ their improvements" BY locating upon
this land before the treaty is ratified, they
expect TO hold il. Que OF the Indians told
Hall that seventy-two other families OF
Cherokees were about ready to start for
the new lands, when he left that nation.
The contest case OF C. n Galbraith vs.
Z. " Sugden S1s decided Thursday at
Oklahoma City by the register and re-
ceiJer in fayer of Shgden. The fact OF
Sugden's entry into the territory are
given il the decision "a follows: At Ar
kansas City a F. jackson employed Sag-
den to assist in handling lumber at Okla
homa station, where jackson had ordered
several ears of lumber 20 be shipped to ar
rive Immediately after the opening. He
remained AZ Arkansas City until the after
noon of April u. 1889. They left Arkansas
Cry on II freight train late in the after
noon Of April 2lst. and paid their fare 20
PARCEL. acting upon the advice Of the
Santa Fe agent who informed them the
train from the south would arrive at Ok
iahoma City first. Said train after leav-
ing for the south WAS delayed n number of
times When the hour of II O'Clock noon
on the 22nd argiI ed said train was NJ Ed
mond Defendant never lett said train at any
time or place prior TO noon OF said day and
remained ON the same until il left Edmond
at about fifteen minutes TO l O'Clock on
said 22nd. Said train then continued
southwark until it arrived at point four
miles north of Oklahoma station near
Deep Fork bridge. where stop was made
Mt about 80 p m, the defendant and a
number Of Others here left the train and
departed IN various directions. The de-
PENDANT after travelling about over the
prairie for a short time selected and set
tied upon tract in dispute which is about
miles from the point ut which he left the
train, and he first laid claim to said trac
at about half past two o'clock p. N. At
this time the train had arrived from Pur-
cell, bringing the settlers from the border.
The defendant was Il passenger upon
train that WAS scheduled TO pass through
the territory to Il point beyond the border
prior TO the hour of opening and on &C
count OF unforeseen casualties and de
laws he was unable to reach his
destination, but was found within the
borders at the hour designated for the
opening Ii is shown that no trains passed
them going south after they left Arkansas
City: that he was within the borders at II
O'Clock noon, WAS not of his own choice or
volition. In view Of the fact that the de
PENDANT was not a voluntary trespasser,
we think the safe rule should be applied
to him as 10 that class OF persons legally
in the country by license or permission,
and if he obtained no aGvautaged by
reason of his presence in the country over
those who waited at the border, he should
not be held as coming within the prohibit
tory provisions OF the statute.