The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-09
HERMAN IS
FAVORABLE
TO DRAWING
Commissioner of Land Office
Outlines Scheme of
OPENING PUBLIC LANDS
He Strongly Favors Adoption
of Lottery Plan.

Guthrie, o. T. April S.-The Washing
ton correspondent of the State Capital
sends the following:
1.-THE commissioner of the general land
office, Binger Herman. is preparing an
elaborate report on the various plans
suggested for the opening of the Kiowa,
Comanche. Apache, and Wichita reserva-
tons, in Oklahoma territory 1t is now a
foregone conclusion that these reserva-
tons will be thrown open to settlement
about august G. There will be about
1900 homesteads. or 1400O quarter sec
tons.
Both reservations viii be opened stimuli
taneously. It is already apparent that
there viii be at least $4,000 applicants for
homes, or nearly four times the number
of quarter sections available.
In his report the commissioner will re-
commend against q run for the land.
He viii advocate a system Of drawing
AS this will be the first time in the his
tory Of the country that the government
has ever embarked in the lottery business
in the distribution of public domain
among settlers there is no precedent to
go by. The procedure from commence
ment to the end win be original. This
fact adds to the complications which con
front the commissioner in the preparation
OF his report. There are fine legal ques-
tons involved which are requiring much
time and thought for decision. The com
missioner is proceeding slowly, for he
realizes that if the department bases its
action upon false legal position, the
whole work may be rendered a nullity
by the courts.
1.-The first legal proposition involved
relates TO the authority Of the govern
ment to adopt a system Of drawing, and
its ability to deliver a clear title to the
applicants. The question is a
much mooted one, as a number Of the
most prominent land attorneys hold that
in the event that t ehlands were allotted
by q system of drawing, and that some of
the rejected applicants should get on the
quarter section allotted to some one else
under the drawing system, and carry the
matter into court, that his title would be
sustained upon the ground of priority of
The attorneys Of the land
office, however, do not concur in this
view view of the question, as they con-
ing of the country gave the secretary Of
the interior and the president discretion
airy authority as to the manner in which
the opening was to be made. They hold
that that also carried with it authority to
allot the lands, this being implied though
not expressed. But the commissioner will
not base the case solely upon this feature
Of the law, fearing that by some techni-
eaHty the courts viii suggest, therefore.
IN alternative which viii Obviate this DIFF
iculty. 44e wiz suggest that the drawing
occur before the presidents proclama-
ion is issued. and that the papers of the
applicants be filed in and filed
1t the land Office before the applicant ac-
ualy takes possession of the land. The
Presidents order directing the opening of
he country viii include a provision EMIT
ing only those who have made their
drawing to admission to the territory.
This being understood in advance, it is
lot probable that the unsuccessful ap-
)licants would attempt to defy the au-
hority of the government and enter the
public domain and attempt to acquire
The commissioner is forti-
ying himself on this point behind every |
egal barrier that he can find, and the
-eport is to be one OF the most exhaus- |
i've presentations of this question that
could possibly be made.
THE legal phase OF the proposition dis
POSED Of by the commissioner he will !
hen take up the moral side. He viii !
Joint to the fact that systems of draw !
ngs have been in vogue may years. In |
act, he win start back at the time when |
Christ was on earth and show that his |
-posdes drew by lot. He VIII also cite |
he drawing for seats in the national !
louse of representatives, by its members. !
Then win come presentation of the |
Methods of selecting juries in all states |
throughout the union. He viii refer to I
he fact that the American jury is the /
oundation and bulwark OF our form Of 1
and institutions; that in /
very case they are selected by lot |
Trough a system Of drawing and that /
Without question of impropriety or ile- /
,aIity. AS no one has every found faut /
With Christs apostles for resorung to !
he drawing system. and as the selection +
# juries by lot is universally recognized I
md upheld as one of the best methods 1
.ver adopted, the commission viii point /
ut that there should be no question I
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