The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-13

( dence Of having withstood their share
Of exposure and hardships in the days
gone by. Some had running horses
/ trained for the occasion: others had o.
nary farm horses, already wen exhaust
ed by the trip across the country and
from distant states. Some had money
with which to buy good horses for the
race, and others being destitute, or
nearly So made the run on foot The
man who most needed a home frequently
had the Ieas tchance. Whether it be
called horse race or a test of physical
strength or endurance, the participants
cid not have equal chances. When night
came nearly every desirable tract had
two, and in some instances ten rival
claimants upon il, each asserting that he
was the first to settle. These conflicting
claims resulted in long. vexatious and
expensive contests, some Of which are
still pending in the land department.
Some we're so hotly waged that the court
in Oklahoma were deluged with prosecu-
tons for perjury and with suits to pre-
vent one claimant from forcibly dispos-
sessing another before the determination
Of the contest. Instances arose, owing
70 the topography Of the land or the pres
ence Of timber. where several claimants
reached and claimed the same tract at
almost the same instant. each honestly
believing that he was the prior claim
ant.
Last Saturday a contest Of this sort
was decided by thu secretary Of the in
terror, where three claimants, with their
respective families, had been living upon
the same tract and prosecuting land
ornfrr+ for afCl,F e5tro- 10
ceased to live on and cultivate the land
his claim would have been lost, 50 all
three complied with the law. The one
who wins by the secretary's decision has
dearly paid fer the land. and the others
have given eight years Of their lives 10
fruitless litigation.
Horse Race Plan Condemned.
Two commissioners Of the general land
Office, Of opposing politics, and two secre-
taries Of the interior, of like difference
in party associations, recommended that
when further lands should be opened
congress should enact laws to prevent
the unseemly rush which occurred at
these openings and to avoid the almost
endless litigation Congress, at the pres
ent session, took the view that the for
mer Objectionable methods ought not be
repeated at the Kiowa and Wichita
openings. The horse racing plan was
generally condemned Different plans
were suggested by congressman, but the
one generally favored, and especially ad-
vocated by Representative Lacy, Of Iowa
chairman OIL the public lands committee,
and by Representative Stephens, Of Tex
as. is the method by which seats in the
house Of representatives are allotted to
the members at the beginning Of each
congress.
The names OF the members are written
upon separate slips Of paper, which are
so folded that the names cannot be seen.
The slips are placed In box and mixed
and tnen drawn out, one at a time, the
members Masking a choice Of seats IN
the order in which their names are
drawn. Every representative has an
equal chance Of obtaining the first
choice. When congress took up the Kio-
wa and Wichita opening there was not,
however, sufficient time TO permit any
particular plan of drawing TO be agreed
upon. So it was determined to amend
the bin IN sucn a way that the president.
in his proclamation. could prescribe the
manner Of the opening, thus giving
ample time for the interior department
ito perfect some appropriate plan. The
debates upon the bin clearly shows that
congress desired to DO away v4lh the old
plan and substitute some sort OF draw
ing which would place but one claimant
upon each tract and thus avoid the con
tests OF the past
Lottery Plan Favored.
The interior department. is now strug-
Cling with the question Many plans
have been proposed by people over the /
country cognizant Of the faults of the
old system and interested in public land
questions. is significant that nearly all /
of these propose q drawing OF a casting /
Of lots. A minister Of the gospel is /
among those who advocates q drawing.
He prefers f 20 a horse race. especially /
where the race as no better umpire /
than the discarded idea that might /
makes right" Il has interested the OFF, 1
Gals 70 note how the minister anticipates /
and avoids a criticism which might be /
made in some quarters 10 the effect that /
a drawing would he a sort OF lottery 1
and Objectionable TO those who do not /
believe in anything which savors of /
chance. After pointing out that by this 4
plan the unsuccessful applicant pays I
nothing and the successful applicant only /
gets on opportunity 70 earn the land by i
fully complying with the law in the mat /
ter of payment, residence. cultivation /
and Improvement, the minister summons /
the Bible 10 HIS support ana shows that /
9 d. srrra as Co.