The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-04-20
MORE ABOUT TaE STRIP OPENING.

CALDWELL. Kan, April Is, 1882.
TO the Editor of the Ea.!e
The great question of how may the
strip be opened TO settlement with the
least possible danger to life and property
and with fairness TO all who have right
to, and intend 10 take or enter land
therein, is being fully discussed through
out this and other sections Of our coun-
try.
The object is 70 devise a plan whereby
as little trouble, and as few contests as
possible, may arse. and vet be fair to
all concerned. There haze been many
methods and plans suggested. and 5ev-
eral that would appear to cover most of
the requirements and overcome many of
the difficulties and dangers which the
Old way Of opening is sure to bring
about. Yet to ali these plans there are
some objections, and indeed it would be
impossible to devise any plan which
will overcome all the objections OF sat
isfy all persons who wish to enter land
III the strip.
The plan or method recently suggested
by +. {. Cromwell of Caldwell publish
ed in Sunday mornings EAGLE), with a
few notifications and amendments,
seems to be the most satisfactory aud
feasible plan yet suggested.
But by considering this matter from
different point of view. all, or nearly all,
these plans and methods are contrary to
the laws governing the opening OF the
strip; especially any drawing or lottery
scheme.
The laws under which the Cherokee
strip will be opened provide for the lands
to tie settled under and according TO the
provisions of the homestead and town
site laws only; and the rights Of settlers
under those laws cannot be set aside by
the secretary of the interior so as to COM
pei him to accept some particular quar-
ter section determined, by a proceeding
Of drawing or chance.
The secretary may make rules and
regulations, within the law, and for the
purpose of carrying out its provisions;
but he certainly cannot set aside the
law and then substitute methods of his
own which wholly ignore the law.
The act providing for the opening of
the strip authorizes the president TO
open the land to settlement in a manner
provided in section Is of the act of con-
sress approved March ,, 1889, entitled
ian act making appropriations, etc.
And that section provides "that the
lands shall be disposed of to actual set
tiers under the homestead and townsitc
laws only
The Cherokee strip act provides "that
the secretary of the interior shall, under
the direction of the president, prescribe
rules and regulations, not inconsistent
with this act, for the occupation and
settlement of said lands
Where, then, is the authority found
for setting aside the homestead laws and
substituting some chance or drawing
scheme?
The section 13) above referred TO, and
also section IS of the Oklahoma organic
act, approved May ,, 1890, provides that
the rights of honorably discharged Union
soldiers and sailors of the late civil war
shall not be abridged except as to the
payment for the land. How, under any
drawing or chance scheme, could sol
der select quarter-section of land and
empower someone 10 make declaratOry
filing for him!
The homestead laws provide that
person may make his Tor herr own selec-
ton of a quarter-section, or less, of pub
lie land open to settlement. and then,
within three months, he shall place his
entry of record at the local land office;
and any plans or methods for opening
the lands which will deny or ignore this
right to settlers is contrary TO the United
States homestead laws. j. w. ID.