The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-20
May CHANGE SITE
Oklahoma Capitol Knows Not
Where to Lay It's Head.
H0wes of Kansas Declared to Be
Owners Of Land.
COURT COSTS HIGH
Over $4,000 Has Been Spent in
Fight Over Claim.
Kansas Preachers ClaimJumped
by Man and Woman.
HIGH

Oklahoma City, Oct. 2O.-More than
ordinary interest attaches to the de-
clsIon in the federal court at St Paul
involving the Oklahoma capitol site
BY the decision, the heirs of Henry
Howe, former minister of the gospel
who, 1t IS alleged, made a false claim
to the land in 1889, will recover the
property pending an appeal which
probably will be taken to the supreme
court. Howe was the father of Ed W.
Howe, of the Atchison Globe, and per-
maps the worlds best newspaper par
agrapher.
The United States circuit court held
that Milton f. Parker and others were
r1ghtful owners. Oklahoma City real
estate men purchased part of the
property from Parker and donated it
as site for free capitol. The land
Will revert to the Howe heirs and the
location of the new states seat of gov
eminent consequently will be affected.
as the Howe heirs may not desire to
break up the tract
Court Costs Are $4,000
A giant struggle Of pioneers whose
greed for land at the opening of Ok
lahoma on April %. 1899. made the
then territory a passing stage of pic
turesque outlawry is recited in the
history of the case Also a legal bat
tie that has extended over a period of
y years, involving court fees eSti-
mated at $4,000 and a list of rever-
sails and remanding of court opinions
riValing the lightning changes of the
chameleon. The court in its opinion
tanning their fight and freely con-
dennis the perfidiouS and base
breach of trust methods employed by
the score or more of intOrmers and al
legged claimants, who have spent the
major portion of their lives in an at
tempt to get a clear title to the land
comprising a tract of $50 acres.
Relative to the two principal claim
~ -.1s-
case to the secretary of the interior,
the court says: The vice of so gross a
breach of trust cannot be extracted
nor can SO perfidious a course be rem
dered fair, just or right by the absence
of objection by local land officers or
the silence of helpless victims The
case is styled Arthur Bruce Howe ct
al vs.. Milton Z. Parker and other
claimants.
Manhattan Preacher on Time.
Promptly at noon on April %, 1889,
Henry Howe, a preacher of the gospel
at Manhattan, Kan, with his daugh-
ter, Sarah, left the Kansas line. On
the next day the two staked 160 acres
Oklahoma City. On the same day,
two soOners, a Miss Robb and Mr..
Woodruff, contested the claim of
Howe on the grounds that they were
there before he arrived. Affidavits in
support Of such charges were filed
with the dand comm issiOner.
At this juncture Milton E. Parker
and other claimants to the property
appeared. Preacher Howe decided to
fight the case filed by Robb and
Woodruff and employed a lawyer.
John Burton of Oklahoma City, as
counsel. Burton is alleged to have in
terested Milton E. Parker, who is
said to have been an attorney. Under
provision Of congress any person who
gave information to the government.
tending to show that false claim had
been made to any land. such informer
was entitled to first claim to the prop
erfv