The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-02
SETTLERS
OBJECT TO
TIE PLAN
VIII Contest Lottery Scheme
as Illegal.
H0RNBECK STARTS ROW
He, With Others, Intend to
Set Example.

Guthrie. 0. T., July 1.-The plan Of the
government for the opening Of the Kiowa
Comanche country is to be contested by
hundreds of settlers who expect to take
claims in the new country at the time
Of the opening. It is planned to contest
the legality Of the drawing scheme. The
plan was first proposed by Lewis H
Hornbeck. in his paper. announced that
he with others would take claims in the
new country and contest with the men
who had drawn the same claims at the
drawing. Hornbeck has been a govern
ment surveyor for a number of years
and during the anoting of the Wichita
country assisted in that He publishes
| the Minstrel at 1linco, ]. T., and It was
in this paper that the statement was
made that a party from that part OF the
territory would make a contest.
Dick T. Morgan, Of Perry, one OF the
best known lawyers in the territory has
/ been retained by Hornbeck and his party
as counsel to contest this case. Other
attorneys have been secured TO prepare
the papers for the contest.
prominent attorney Of this city in
talking about the matter said: 1T seems
10 me to be very doubtful whether the
drawing plan is legal 1t is hard to read
this plan between the lines of the act
Of congress. It is my impression that
every lawyer that goes into the new
country VIII ADVISE his clients to fight
to the end. This being the case it would
seem that nearly every piece of land
would be contested"
The best advices show that thousands
are now ready and prepared to enter the
country as soon as the proclamation is
promulgated Claims viii be staked of
by those who are already camped along
the borders, and If a fight is TO be made
along the proposed lines of contest it
win occasion endless suits for the rights
and titles in the land Office and in the
courts The belief Of the land attorney
is that only two legal ways are open for
those who want claim. First, 10 set
. tie upon a quarter before someone else
files. Second, to file before the other fel-
low settles. The courts. not the depart
ments are the interpreters OF the law.
and all questions must be finally passed
upon by the courts.
The statement maze by Hornbeck IN his
paper concernin the contest, is as fol-
lows:
whereas, if the said land to beopened
for settlement belongs to US alike, and is
subject TO settlement under the home
stead laws OF the United States. then
therefore
Here is one man who proposes to
abide by the laws enacted by our fathers
and he intends to enter upon and make
legal settlement Of the homestead he
can reach in advance of the others after
due notice that the land is open to set
tlement.
'.This Is no open secret, and there viii
be thousands of other American citizens
with Us Hon Dick Morgan. Of erry, O.
T.. IS reserved and retained counsel in
the coming battle between frauds and the
men who want homes. The contest is
coming and we must meet it or go down.
Speculation and political games rule
the movement from start to finish, and
without exception.
"The settler is not in it. The man who
wants a home is not in 1t.
Therefore. we rebel.
Individually. we want a home. And by
all the gods we expect to have g home.
We want it for our wife and children.
And they shall have It.
1T is our country and no man has a
better right TO 2 home there than we.
ana the powers that think they are can
not deprive us out of our right
Here q one man who is going in on
the proclamation. The drawing doesn't
count. We are after q home
LEWIS HORNBECE."