The Oskaloosa herald., 1905-02-16
SIX.
Claim Associations - Their Laws =
The Majors Case.

made by the fearless pioneer fam
ers, or squatters. They hal no
titles or patents to the soil they oc-
cupied, no legal rights, and henae no
protection by the United States gov
eminent. In many cases they We're
F. there because they had dared to VIC
late an act Of congress prohibiting
settlers from t~respassing on the pub
lie domain. Even for many years
after the lands were open for settle
ment the pioneers were a law unto
themselves. Because OF this condi-
ton there developed \ system OF
popular government peculiar to the
frontier communities Of the vest.
1t was known as the Claim Assocl.
alton, or Land Club. Eacn commun,
ity had its own land association, the
object of which was the protection
of the actual settlers in their rights
against spectators and land graft
ers." Cases of dispute arising be-
tween members of an association
were settled by a Claim Committee
and from their decision there was no
appeal. The laws of these associa-
lions were the %outgrowth of the
strongest sense of jutice and equity
in the community and an intentional
violation of these laws was punish.
ed by the strongest public condem-
nation. Sometimes tar and fea-
theirs and the lash were resorted to
in order to emphasize the chastise-
ment. The number Of acres Of land
allowed to any one settler varied in
the different communities from one
hundred and sixty to four hundred
and eighty acres. Boundaries to
these claims we're designated by sec,
ton and township lines if the gov
eminent survey had been complet-
ed, otherwise, by stakes, blazed
trees, streams hills and rocks.
The settlers continued to improve
these claims until the date set by
the government for the sale of the
land. In the meantime all claims
map of the township. On the day
of sale this map was placed in the
hands of a bidder. chosen by the
association for the entire commun-
ity. As the auctioneer called the
claims of the members Of the associ-
alton ne would bid one dollar and
twenty-five cents per acre which
was the minimum price. AS nc one
dared, to bid against an original
claimant, the land was invariably
bought at that price. If an outsider
was courageous enough to put n a
counter bid he was roughly handled
at once and compelled to withdraw
his bid or risk his life in the hanus
of the members of the claim associ-
ton, who We're all there ready to
deal swift retribution to the intrud-
err on their frontier rights. At home
as well as at the public sale, no one
ventured to raise their voice against
the law of the claim association. 1t
was the best protection the country
afforded and the supreme rule OF
the community for which it was ere,
ated. New corners were practically
compelled to respect its regulations.
Robert Lucas, Iowa's first governor,
subscribed to the constitution of such
an organization in Johnson county,
where he had purchased a claim.
Mahaska copnty had several OF
these pioneer organization and they
were thoroughly effective in always
bringing equity and justice to the
bona fide settler.
A distinguished citizen. who was
one of the pioneers of that period,
said in later years:
"The law never did and never will
protect the people in all their rights
so fully as the early settlers pro-
tected themselv..? by ne; e cl4m o.,
ganizations." .
We are told that these claim laws
had their origin in jefferson county,
Although they were not legally en-
acted, they were in a certain sense
sanctioned by the territorial legis-
lature, in 1889. They were founded
upon the theory that a majority OIL
the people had the right to protec,
theiF property by agreeing to such
regulations as they deemed neces,
SdL6 W dCCOLupllSu JudI OUJSCIs
The officers consisted OF a presi
dent, v~ice-president, a recorder OF
claims, seven judges-whose duty II
was to adjust all boundaries in dis
pute-and two marnalls. One OF
the judges was an officer who was
authorized to administer oaths. Each
Eember of the association was re
quired to make fifty dollars worth
of improvements on his claim with
in six months after filing it, and i'm
provements to the value of thai
amount each six months thereafter
In those frontier days courts were
many miles away, sometimes fifty o.
more miles from the place of dis
pute. With the embarrassing meth.
DDS of travel, causing long delays
the claim associations were almosr
a necessity.
The following we'll worded docu
ment, which forms the basis Of
these settlers clubs, will doubtless
- - t-ko.1n& - AT. ..z.1 H-m.