The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-10-15
DECISION RENDERED
AFFECTS CAPITOL SITE
HEIRS OF HENRY HOWE, A FOR
NER MINISTER OF THE Cos
PEI, MAY RECOVER LANDS.

St Louis. Mo-. Oct IA deCi-
sion involving the .OcatiCn OF the
oklahoma state capitol and property
near Oklahoma City valued a 500
Geo, was handed down today by the
I'nitcd States Circuit Court OF Ap-
peols. BY the decision the heirs OF
Henry Howe former minister OF the
gospel, who. it was alle@ed mat"
a false claim to the LAND in 1882
will recover the property "endln-
an appeal which viii probably b"
taken to the United States supreme
court.
The United States circuit cour,
held that Milton +. Parker AID 9th
crs were ri2htful owners. Oklahoma
City real estate men purchased part
OF the property from Parker and
donated it as Il site for free cap
itol The land will revert to the
Howe heirs and the location of the
new states seat of government con
senrently will be affected as the
Howe heirs may not desire to break
up the tract
A giant struggle of pioneers whose
greed for lana at the opening Of
Oklahoma on bpril %, 1SS9. made
the tneh territory a passing stage
of picturesque outlawry is rerited
in the history OF the case. Also a
legal battle that has extended over
a period of twenty-five wears, invOlv
ing court fees estimated at SiG,O0o
and a list of reversals and remand
ing of court opinions rivaiin% the
lightning changes of The chameleon
Tie court, in its opinion, freely laudS
the Howe heirs for maintaining their
fight, and freely condemns "the per-
fidious and base breach of trust
methods employed by the score or
more of iuformers and alleged claim
ants, who have spent the major pCl-
tion Of their lives in m ATTEMPT &c
get clear title to the ,and, com
prising a tract of 100 acres.
Relative 10 the two principal
claimants to the property who car
ried their case to the secretary OF
the interior, the court says Tine
vice os so gross a breach OF trust
cannot be extracted nor can so per
fidious a course be rendered ;alr,
lust or right by me absence q!
objection by local ,and officers or
the silence Of helpless victims. Tho
case is styled Arthur Bruce Howe
ct al VS.. Milton f. Parker ana other
claimants.
Bv enactment of congress, okla
homa was tc be thrown open TO SCI.
tiers April %, 1889. Before noon o.
that dav no one WAS allowed to -
bevond the Kansas line into the ter
ritorv and all who did were termed
~Sooners Their purpose was to get
into the territory before April %,
select a choice piece o. land ana
promptly at neon on the day men
toned file their CLARA Ivy driving
stakes on the property they wished
to retain.
PromDtlv at noon on April -, 1882"
Henry Howe, n preacher OF the Gos
pei at Manhattan. Kan, with his
daughter, Sarah left the Kansas lire
On the next day the two staked 1ho
acres. on section g, township -
adjacent 10 Oklahoma City. On the
same dav two "Sooners. Miss
Robb and Mr. Woodruff contested
tho claim Of Howe on the grounds
that they were there before he ~.
rived Affidav;ts in support OF such
charges were fled with the land
commissioner.
A. this jrncture Milton E. ParEer
and other claimants TO the pronerty
appeared Preacher Howe decided to
fight the case filed by Robh ana
Woodruff and employed John Burton,
a lawyer of Oklahoma City, as coun'
sci. Burton is alleged to have inter
ested Milton f. Parker, who is said
10 have been an attorney Under :"
provision Of congress any person
who gave information to the govern
ment. tending to show that false
claim had been made 10 any 'Ah3.
such informer was entitled TO flrSt
claim to the property