The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-20

funds can Be aprortiened under the law
OF Oklahoma. as the whole natter IS more
or less within the jurisdiction of the in
terror department and of congress Some
method might be reached through them
WHEREBY the people could get an earlier
benefit from these funds than any a-por-
tionment to be made pursuant TO the laws
OF Oklahoma
Your third question IS as follows: DO
the laws Of this territory or any congres-
soinaI acts or rules of the secretary Of
the interior, forbid this board leasing any
tracts or parts OF tracts of lands reserved
for Oklahoma for townsite purposes.
1T do not know Of any law Of this ter
ritcry. of any act Of congress or any rule
Of the secretary Q. the interior that for
bids the board, OF which you are secre-
tary, Of leasing any tracts or parts OF
tracts Of land sreserved for school and
public building purposes in Oklahoma for
townsite purposes. reiieve, however,
that Z broad view Of the whole subject
Is against the leasing of any of such
lands for townsite purposes. I 20 not
think congress. or the department II the
interior either. contemplated, when tlis
land was donated and set aside tor the
uss OF tire territory and future state OF
Oidakoma. authority was given the boaIo
Of which you are secretary, TO lease the
same that they would be leased IN SIM
liar tracts than the ordinary govern
mental subdivisions Of public lands, nor
do think it was contemplated that they
should be leased in pieces or lots for
tovnsite PURPOSES 1t has occurred 10
me an the time that TO adopt such a
theory. would in practice. necess!tate the
establishment Of another territorial hoaro
for +ownsite purposes and that an aug
nentation Of such boards was never con-
terorlated by either congress CT the IN
terror department.
1T has occurred to me also that 1t was
far better. when a necessity arises Ior
the use of any small portion OF such iaiias
for townsite purposes. TO obtain utie
thereto bv act of congress. II the ter
ritorv. leases any of such lands for town.
site purposes. it is my judgment by such
act foreclosed, so far as regaininS pos
session of such land is concerned, 10 per-
nit town and business buildings 70 be
erected on such lands. is equivalent, IN
my judgment. to parting with tne pos
session thereof for all time, the right OF
the hc ard which you represent 10 place
such lands in such a condition
"Ar Of these last remarks are genera
and represent my views Of the spi'lt Oh
the act of congress donating these LANDS
n the territory and future state OF ok-
laboroa They represent a phase Of the
,,ostion that may he considered by your
sslf and the members of your board as
readi1v and fully as I could consider them.
nresent them fer the consideration OF
the. board. not for the purpose OF cor
trolling the action of the board, but upon
!, an1,are legal proposition submitted 10
me and I desire to close by saying that
x,-hiia there Is no direct or positive enact
mont forbiddirg the leasing Of these
Iards for townsite purposes. it has been
all tie time, and still is, my judgment
that the spirit Of the act OF congress do
Mating these lands and a broad and gem
eral view in connection with the dlsDo-
Sitton of the same pending statehood. for
bids their being leased for townsite pur-
poses
In regard 70 your second question, l
desire to say that it IS one that REQUIRES
more time than ! can give at this writ
.nC 10 determine all tie conditions in
volved therein. I viii give it careful at
tention the first opportunity have and
report to you in writing and through you
To the board. am very busy righ- now
preparing some briefs for the supreme
court. which have to be prepared in the
next three or four days anG cannot give
this subject the examination it requires
until I have finished these briefs. when
] win take it up and report at my earliest
opDortunity Very respectfully,
Il c. STRANG. Attorney General