The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-10-18
HORACE SPEED
SENDS OUT AN
ABLE LETTER
Relative to LeSSees and the
Statehood Bill.
DEFINES FLYNNS POSITION
Says Little Giant Has Been
the Friend of the LeSSeeS.

| Guthrie. o. T, Oct. T.-The following
! letter written by United States Attorney
Speed Of this city TO Colonel Tom Sew
ard OF Perry appears in the Daily News
| of Perry:
fhe men who are concerned in the
statehood matter as Iessees Of the school
and public fund-lands have been so per-
tsistently misinformed and the wording OF
| the statehood bill has been SO persistent
ly misquoted. that it has been deemed
| best to have ten thousand copies OF the
official bill printed; IS II passed the
house and is now pending before the SEN
ate, and the secretary of the territory
has carefully compared the original bill
with the printed. and certifies to the
! correctness of the printed bill, and as
sure you that il is correct. This blll as
it passed the house, and is now pending
before the senate, is not like the Dill
originally introduced in congress, on De-
cerber 2, 1901, and numbered II. r. 152.
The bill II. R. 152 was drafted accord
ing to the forms heretofore used in
statehood bills with reference to sections
sixteen and thirty-six, but in no former
bill was there any sections thirteen and
thirty-three Mr.. Flynn. however, added
the words which you VIII find in the dill
as now published, and certified by Secre-
tary Grimes. and which are for the spe-
cial benefit of the lessees of those lands.
ITO show the usual form, quote from
the twenty fifth United States statutes
at large, SIS. which Is the act providing
for the admission Of North and South
Dakota, Montana and Washington, on
February %, 1889 Section IL Of that act
provides that all lands hereby granted
for educational purposes shall be dis
n0S6d of Orlx- al r1uhliP sale and q
price not less than s10 per acre, the pro-
cceds to constitute a permanent school
fund. the interest of which only shall be
expended in the support of said schools
The act of the admission of Wyoming.
on July TO- 1850, is found in the twenty
sixth statutes at large, page 222 and the
f1rCn section of that act provides as fol-
lows:
Section 5. That all lands herein
granted for educational purposes shall be
disposed of only at public sale, the pro-
ceeds to constitute a permanent school
fund, the interest of which only shall be
expended In the support of said schools
The general plan was pursued in ad-
nittiag the states before these named
wherever the states contained school
lands, and the substance of those pro-
visions to be Incorporated in those bills,
because the custom was recognized by
congress as right, and would not be de-
parted from. In his anxiety, however, 70
do everything possible for this territory,
Mr. Flynn obtained the insertion OF some
additional caluses in the provision as to
the sales of cur lands. and they are as
follows:
- First: There is no minimum price
fixed at which the land can be sold.
Second The whole matter is put in
| charge of the state.
Third: A preference right is given to
| every man on every quarter section six
teen and thirty-six and thirteen and
thirty-three.
Our statehood bill as passed by tho
| house Of representatives, and now pend
| ing in the senate, under an agreement
that IL shall be voted on in December, is
numbered 12.54S. and as to these matters
provides as follows:
" Section .. That said sections sixteen
and thirty-six, and lands taken in lieu
thereof herein granted for the support
of the common schools, shall be disposed
of only at publ, sale preference right
! TO purchase being given to the lessee at
the time of such sale.
" Section 10 That said sections thir-
teen and thirty-three aforesaid. when
sold, shall be disposed of at public sale
/ are the legislature of said state may
prescribe, preference right to purchase
| being given to the lessee at the time of
such sale
You will also notice that by section
| eight, the manner iH which the sale shall
| be made of sections thirteen and thirty
three is left to the legislature of the
| state.
| A short statement therefore of the pub
lie land matters is that this is the most
| favorable bill ever presented to congress
! for the lessees.
Second; The method and the terms
upon which the sale shall be made are
| left wholly and entirely to the state ex-
/ cept that the preference right is express
| ~ given to the lessees as TO sections six
teen and ---rty-six, ard thirteen and
thirty three.
Any man who attempts to misunder-
| stand how land is TO be disposed of. or
who fixes the procedure for the sale. or
that the lessses have not the preference
right. either is not honestly reading the
| bill, or cannot understand printed Ian
| gHage. The lessees have a preference
! right as to every one 0f those sections
| There is no provision in the bin that
there shall be a public auction as to
I either sections sixteen OF thirty-six. or
! thirteen and thirty-three, or that there
| shall be a public sale of sixteen or thir-
ty-six. or thirteen or thirty-three ~
which the land must be sold 70 the high
| est bidder without regard to the rights
| of the lessee. but on the contrary, the
| bill explicitly declares that the lands
shall be disposed Of as the legislature OF
said state may prescribe.
( There has never been a case where
| the school lands OF q state have been
sold, and the rights OF the lessees have
rot been protected by the laws OF fhs
| state. Our contention is that the Iessoes
! rights will be better protected Under
! the laws Of a state formed OF OKLA
hona. and where the Oklahoma vote vii
control than under the laws Of a state
formed Of Oklahoma and the Indian ter
! ritory where the vote OF the Indian ter
ritOry VIII control as to the lands in Ok
| lahoma: al these lands being IN Okla.
hons and not one acre OF them II the
/ Indian territory.
Mr.. Flynn has done many good things
for Oklahoma; he never helped any reo.
PIE more than he has helped the lessees
BY this bill 4"
| OKLAHOMA WOMAN KILLED
Her Husband and Sister Were Wit.