The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-04-08
WILL RECOMMEND
4 DRAWING
Commissioner Herman Says
the Department May
Draw for Land

commissioner Of the general land oniee'
Blngfr Herman. ~ preparing an eiapo-
rate report on the various plans sug-
posted for the opening Of the kiowa'
C0mancho and Apache and Wichita res-
ervetions IN oklahoma Territory 10 is
now fofcgone conclusion that these
reservations viii be- thrown open 90 sct-
tieront about August G There VIII be
about 1900 homcsteads or 1900 quarter
sections.
Moth reservations viii he opened stimuli
faneouslv IL is already apparent that
there viii be at least 5000 npplicarts FOR
hornre. or nearly four times the num-
bar of quarter sections available.
In his report the commissioners viii rec
ommend against run for the land.
he win advocate "a SYSTEM Of drawing
As this VIII DE the first time IN the
history of the country that the gov
eminent has ever embarked In the lot
terry business ln the distribution OF pub
llc domain among settlers there are no
precedeuts 10 60 hy. The procedure
from commencement TO the end VIII be
original. This fact adds To the COM
phcatlons which confront the commits
sioner ln the preparation of his report
There are ane legal questions involved
which are requiring mach thought and
time for decision. The commissioner
Is proceeding slowly for he realizes that
81 the department bases rs action upon
a false legal position the whole work
may be rendered a nudity by the courts.
The nrs legal proposition involved
relates 20 the authority OF the govern
ment 20 adopt a system Of drawing and
its ability 20 deliver clear title to
the succossful applicants. The ques-
tioA Is much mooted one as number
Of the most prominent land attorneys
that in the event the lands were allot-
ted by a system OF drawing and that
some OF the rejected applicants should
get on the quarter sectior allotted 20
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 settlement The attorneys
Of the land office. however, do not con-
cur In this view Of the question as they
contend that the law authorizing the
opening Of the country gave the secretary
OF the interior and the president discre-
tionary authority as 10 the manner IN
which the opening was 20 be made They
hold that that also carried with 1t althor-
sly 20 ailot the lands this being implied,
although not expressed, But the COM
missioner VIII not base the case solely
upon this feature OF the iaN fearing
that by some technicality the courts
viii suggest therefore. an alternative
which win obylate this difficulty lie
win suggest that the drawing occur be-
fore the presidents proclamation is is
sued aud that the papers OF the sue
cessful APPLICANTS shall be filled Ia aud
filed az the land office before the appl-
cants actually take possession OF the
land The presidents order directing
thc opening of fhe country viii include
a provision ort ou 3 those who have
made ths SISSY omission TO the
terrfory This being understood in
advance Il is not probable uiut the un-
fsuccessfui applicants would attempt 60
defy ths authority OF tho government ana
enter the public domain ana attempt 70
acquire homesteads. Tho commissioner
IS fortOng himself on this point behind
every leeai barrier that he can nud and
thc report IS 10 be one of the most
exhaustive presentations Of the question
that could possibly he made.
rhe legal phase of the proposition dis
,aed of hy The commissioner he win
\ en take up tho moral side Ie viii
point 10 the fact that systems Of draw
ings have been ia vogue for many Year,
Ia fact he win start back az the time
when Christ was on the earth and show
that his apostles drew by lot He Will
also cite The drawing for seats Ga the
national house of representatives by IT'S
memhers. Then will come presentation
Of the methods OF selecting jurors IN an
states throughout the Union. lie viii
refer 90 the fact that the American jury
IS The foundation and bulwark of our
form OF government ana Institutions. that
in every case they are selected by lot
through system OF drawing and that
question Of lmproprlcty or inegulhy AZ
no one has ever found fault with Christ s
apostles for resortiug 80 The drawing sys-
tenn. and ns the selection Of jurors by lot
is universally recognized and upheld as
one Of the hest methods ever adopted the
commission win point out that there
should ne no question raised against the
distribution Of The public domain by this
same method which originated win the
followers OF Christ ana has received pubs
iic saction and APPROVAL ever since lt
VIII be network OF biblical and moral
precedcnt calculated 10 allay amy oppos.
itlon of the church or the hypocrtlcal
mufallaiH
Then wlll follow am elaborate present
atioG of the method 20 be adopted ion
the drawing Every quarier section
on the reservation VIII be numbered, q
complete map made showing the sections
Each quarter section win cover "a spoo,
Of shout threequaners OF an Inch. This
map will ne hung Ia the Office of the reg
lister Nhcu the irawine occurs. Tho ap
plieauons received VIII be opened, th,
paperr esrefully removed, examined o.
pa u see that they are correct an9 rc
piece lp another envelope mhlch be seal
"a. ln ihe weat no applicant does no
enclose hH Almg fee or hs application
is imfrfeei in ary way DIS application
WIZ ~ fcturHcd ana viii not be furthe
ronstefcd when au theo application,
h3sa Ai plaQel m blank envelopes thei
Nii he ri n . large cylinder which WI
ncmlf 0f a thorourh mixing ms IL re