The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1915-07-08
WANTS SHARE
Of LAND UNDER
MORRILL, ACT
APPROXIMATELY 10000 ACRES
clAlmE AMOUNTING IN
VALUE TO 100000 FAVOR.
ABLE DECISION EXPECTED

Oklahoma City, July S.-Judge E.
G. Spilman, former assistant attorney
general and at present state librar
ian, returned Wednesday from Wash.
ington where he has been for the
past three NOR his prosecuting the
claim of the state before the depart
ment OF the interior for approximate
ly 100000 acres OF land which il is
contended, should have been given to
Oklahoma under the terms of the
Morrill, land grant act when Okla
homa was admitted to the union.
All of the facts regarding the claim
are now before the department and
a decision probably will be rendered
some time during the latter part of
the present summer or early fall, it
was stated. Th4 law and precedents
governing such cases, Judge Spilman
declared, are in favor of the states
contention, and he said he expected
a decision favorable to the state.
Success of Tire state in the mat.
ter, it is said. will amount to ap-
proXimately 81 100000 to $2,OOO,OOO.
There is no land in Oklahoma which
can be given to the state now by the
federal government, it is said, bst
the state will be given script good
for unappropriated government lands
in other sections of the country.
State Wants Its Share
Under the terms of the Morrill,
land grant each state upon admission
to the union was to be given 10000
acres of land for agricultural and
mechanical college purposes for each |
representative in congress. Oklaho- |
ma had five congressman and two
United States senators upon its ad. |
mission to statehood, and this would
make Oklahomas share of the land
210, 1000 acres.
The Morrill, act was passed in 1862 |
and as originally passed it applied
only to states which were then in the
union and made no reference to those
which would cone in later. In 1864,
however, the act was amended by
congress so as to apply to all states
then in the union and all which
would be admitted later.
Enabling Act Silent.
When Oklahoma was admitted to
the union the enabling act specif.
cally excluded Oklahoma from the
benefits of the socalled Swamp land
grant act" but was silent as to the
provisions of tie Morrill, act, there
being no reference to it whatever
in the enabling act.
The omission from the enabling act
)f any reference to the Morrill, grant
was first discovered by Col. C. II.
Hyde OF Alva who was then secre-
ary of the state school land lessees'
lnion. He called it to the attention
If former Attorney General Charles
Vest and at that time Judge Spilman,
Who was then assistant attorney gen.
'ral, was assigned to the case and
he matter was presented to the Of
cials at Washington but nothing was
lone.
During the session of the last leg
stature Mr.. HYDE secured the pass .
ge of a resolution authorizing Pres
dent Frank NJ. Gault of the state c
oard of agriculture to prosecute the
lain, and ii was at his instance that
udge Spilman went to Washington
D present the matter personally to
he officials of the department of the
lterior.
In presenting the matter to the
lterior department Judge Spilman :.
ad the assistance of Senator Robert :,
:. owen and Congressman ]. V. Nc
lintic of the seventh district, both
whom have taken an active part =
l the presentation of the states side.
Act Presumed Self Operative.
Ii has been said it has been the
lle of congress in dealing with other :,
-ates to eliminate any reference
hatever in enabling acts of the ~,