f F&7 697 042 :opy 1 wmmm ijflAHl &w [iiformation for Congress 3Hfr-£ mwmim mj a™* Don't Legalize Town Acts, nor give them .' Miy force: Copies of Ordinances, Judge merits and Records. Oklahoma City Daily Times Print. I889. Information from SHaLoma. On March 1st, 1889, there was ap- 1889, herein before fixed will ever be proved an act of congress, which permitted to en*ter any of said lands says (middle of page 759) "Any per- or acquire any right thereto, and that son who may enter upon any part of the officers of the United States will said lands in said agreement men- be required to strictly enforce the tioned prior to the time the same are provisions of the act of congress to opened to settlement by act of con- the above effect." gress, shall not be permitted to oc- In accordance with the above pro- cupy or make entry of such lands or visions, troops were stationed at va- lay any claim thereto." rious points on the borders of and This refers to the Oklahoma lands, within the Oklahoma lands to enforce Again, on March 2d, 1889, there these provisions. \* as approved another act containing Honest and law abiding men obeyed, the following words, (page 1005.) but at once a set of lawless men or- "Until said lands are opened to set- agnized to defeat the operation of tlement by proclamation of the Pres- this law and to defraud the former idetit. No person shall be permitted class out of, and hold from them all to enter upon and occupy the same, the best lauds, and town lots within and no person violating this provis- the territory. ion shall ever be permitted to enter These organized "schemers to any of said lands or acquire any grab," embraced all the most valuable right thereto." portions of the Oklahoma lands, and x On March 22d, the President is- was more or less successful; but as sued his proclamation, in which he we reside in Oklahoma City, we will uses the following language: confine ourselves to that place, and "Warning is hereby again expressly surrounding lands. First of given, that no person entering upon Oklahoma city, and occupying said lands before said One means of controlling, and ap- hour of twelve o'clock noon, of the propriating townsites, and the val- tweritj second u>\ of April. A. P. uable lands near thereto, was the for- n April 19tl lormed ;it Topeka, Kant >i pora- tiini named "The Seminole I' 1 wnsite .1. ('. Willson and I., li. Crand- all. Topeka, and J, A. Hudson, Sid- i:.x M. ('. and W. L h, old boomer, all afterwai lioma Cily, its ol jeets \\ ere in 1' - towns and sell the lots, construct ! railways, electiic and gas lights, water works, cunals ami ditch- ml operate them. (I'm- co] their articles ol nssociaiion, see Kx. I ftcr -> i "in ) 'I'n »ct into tin- ( )k lahoma lands in advance of time, W. L. Couch procured a contract to build itch at ( Iklahoma station, I'm- the II. I! itnd got in with liiin bv "tie means or another, near five hundred iimii" those were two Ex- members of i ( >n the track.-, at that station n Co. had a number "I houses, horses, wagons ami on ii to move them: This on t lie . •. ening bel »re i he ipeniug. To r enable i hem to succeed, persons to joints outside of i he < MJalio- ma lands, v. here crov and urged them as i h< a valued and prized their future homes, the lands until after noon, A i ril L'l'd. and thru themselves lahoma station. Prior to April 22d, J B, W lected :: and i n l en tii in. s I he same, his son took the city, while < 'u tell I ltd all In lying immediately town. 'I eor- plats and had the business portion sun mi the ground, all before noon April L'lM. At i ii these Seminole men and boomers, rushed upon these Iota and occupied them by driving a stake into each one. Many of them in t liis way staked large numbers of lots and the better to conceal their lurge hold- ings, placed their own names on one or two stakes, and upon the others put names of persons who were known to t in in and who were not in the terri- tory, and who were unknown to oth- ers. .Manv of them put tents upon them ami . teams and men could move tliein these shanty houses weie crowded onto these I its. In tliis way nearly all the Valuable lots weir tained by these hands of law violator-. ( >ne ex member of cot Uakcd lot, v. hich he ui terwards Bold for $500.00 and then went to and set up a ti nt mi his 1. I, being there two minutes after twelve, but before ' to the land office, another filed mi the land and finally took it. Some took, We think not less than 20 lots ami others in proportion. \Y hen the si t tiers ft om t he out sid rived, mnie but inferior, or budlj lo- cated lots Wife left. These Seminoles and '"Sooner*, synonim for law violators) vvoll knew e.ieli OtllCr, While the iawl'lll II Were all strangi rs to each ol her and also to the other class. 1 rider cumstances these •'Sinner-," called a mass meetiii the citizens to adopt a city provisional gO\ i rnnieiit, en the false repr< Si nta- that. when ,.. d they COUld enter t he hinds Oil w hie!) I he town w.i> located mid al once. the lots to t he \ arious | arti 3 These men being organized, and the elected mayor, Sidney Clark, ex-M. law abiding men, not organized and C, and others were elected council- arid wholly unacquainted with each men, a police judge, city attorney, etc. other, and not yet knowing these were elected. sooners, nor their plans, met in this Serious disputes arose over the sur- mass meeting and adopted resolutions, veys of the town. A band of citizens viva voce vote, as shown by exhibit 2 surveyed two tiers of blocks and as- hereafter set out. This meeting signed one man to each lot, but could was attended by about one third of not go farther without resorting to the people, then on the city grounds: open violence and general warfare and visitors and settlers all voting alike, therefore stopped. This was compro- These resolutions simply provided mised and the south two tiers of when and where an election should be blocks were known as the "citizens held, and vliat officers should be survey" and the north eight tiers as chosen. Some months afterward, the "Seminole survey." This state- when published, those resolutions ment is necessary to an understand- adopted were found to contain these ing'uf the resolution hereafter spoken words: of. "Fifth, said permanent mayor and To further protect themselves in council shall constitute the legislative their illegal holdings, and to terrorize power of said city government, and and break down all opposition, and to shall have power to provide by ordi- enable them to speculate on the lot nance, such rules and regulations as settlers, the first act of this council they may deem best for the public was to provide for the issuance of cer- welfare of said city." tificates of titles to lots by this same Afterwards there were asser- Seminole Town Co. and these were tions that the clauses abeve quoted $10 each, and punishing any attempt were nut in the resolutions when to tresspass upon a lot held under passed, and that they had been in- such certificates, by $100 fine and nn- serted afterwards, and it was as prisorment, and further providing a stoutly^denied. bat certain it was. Our like punishment for any one attempt- people did not then understand that ing to claim or exercise any control any such powers as were afterwards over a lot without being the holder of exercised were ever granted. a certificate. On May 1st, an election was held fSee Ex. 3, exact copy of the reso- preparatory to that election. Some lutions and ordinances.) citizens attempted to hold a mass con- After this had been worked awhile, vencion to select candidates for offi- tkey abandoned these Seminole certifi- ers, when the sooners came in and cates, and enacted an ordinance to howled the matter down, and drove the effect that the city should issue all away except a few, who made nom- certificates to lot holders, guarantee- inations. An election was held and ing title with like effect as before the sooners voted all their wives and stated. people in the country for miles uroupd. (For copy of ordinances effecting At that election W. L. Couch was lets, see Ex. >"o. 4. For copy of Su.'li :mii"tl forces were not n< Under these ordinances, any per- sary by reason of the hiwl n cxparte affidavit mado be- our people; but were necessary to .. ii not author- tiuiidatc and awe law abiding men. in- to administer an oath, and with- to submission t > the wrongs bi (mt notice i" any party, and on pay practiced on our people. 1.50 per lot, to the recorder, We will cite two could get ;i certificate, and it was then of many others. idcnce that he owned the One James M. Carrcn on the after lot, and under it he could imprison, noon of April 22, 188f), Bettled upon tine ami oust any other claimant, and lot 7, block 11. and placed his borne with a vengeance it was done, until there, it then being an out lot. Soon law abiding people were driven almost it became valuable, when one \V. \], to revolution, by the lav. of Golding, father-in-law to Sidney of this so-called ciiy government. Clark, ex-M. C, anr 1 city councilman, tilt, and large numbers Btuck a Blake on the lot, paid oat of | re illegally arrested and 1 1.50 for a certificate, and then an imprisoned until the proceeding was ed Carren for beiug on a lot to which • habeas corpus" from U. S. he, Golding, held a certificate, a trial The proceedings of that so- was had in this police court to a jury. called court were simply Bcandulous. Carren admitted being on the lot and We can give hut few of the many said he was rightly there The jury found for Carren and the court rcn- ndants accused criminally in dered in hi- favoi and he returned to lot case*, \\ re compelled, i i advace, his lot. Four days thereafter he to pay all costs in cash including $12 again arrested and Ordered to show jury fee. $5 city attorney fee, mar- cause why he should not ff of shul ! Win n it was found that lot. that juries would do justice, they were While thiti last trial vt liad, ed to the accused, he was refused armed city marshals held the room, all witnesses and summarily condemn- while said councilman, an i the mayor imprisoned, and improvements and the city attorney stood bj i off of lots, houses torn down, force and supp< rt to the poli •• women and children driven crjing Allevidence, « I ind a jury into the to satisfy these lot denied to him, he was promptly con- ud to compell our people vioted and his home thrown off the field u|p their money to these ex- los, and it was given Goulding, record ex. No. — To peace and order in lion. Jouh T. Vo.ss of Girard, Kn- and around these eviction! ttorney in the mattci iH men called city Carren, aud he is hereby rel ed with revolvers. N'ol Again: One llielc) \v .is arrested lor h it noiit | ing ;i lot w ithoiit a cerl ifii I m in who II the 5_ docket a head of him that his case and the city council the third one, any could not be reached for near three two of whom could decide, and t!ie de- week, cision was absolute and final. l!';.ny For about six weeks U. S. Judge sooner chose a fellow sooner, th< font- Sliaekleford was absent from the ter- cil always chose another sooner. So ritory at Evansville, Ind., and Wash- that he won every time. If a Isi ington, D. C. This Rieley however holder refused to so arbitrate, then sent an application for habeas corpus the decision went against him by de- after him. One morning Reiley-'s fault, and he was thrown off in either case was called clear out of its order, case, all other cases a head of it passed by, finances. he was rearrested and forced to trial In addition to collecting off of our without jury aud without witnesses, people $4.50 per lot, they assessed oe- and in thirty minutes was in jail, and cupatiou taxes, on nearly every occu- iii a few hours his effects were thrown pation carried on. An itemized state- off of the lot; he was held in jail un- ment of the amount collected we have til next morning when an order never yet been able to obtain from Judge Shackleford was though often called for in our press, produced by the mayor commanding At last by military investigation his release, and it was done. It was the following results were obtained, then developed that this order from the accuracy of which we had no Judge Shackleford had been received means of verifying: by the mayor the morning before, and Eee eived for 726 city lot certificates.... $3,397.00 , /, ., . . f t,. , , " "142at$2 28400 hence such hot haste to try llieley out For license (occupation tax) 709.00 of his order and get him off of the lot Fines-police court ,.1,163.00 before he could learn of that judicial Total received $7,423.35 order. Paid out for salaries and not account- 1 _ • c c *io/iA ed for by the treasurer $5,360.01 In many cases, a jury fee of $12.00 Balance left for all other purposes 73S was collected aud then only $6.00 paid The amount collected for sales of to the jury, and the remainder went, lot certificates issued by the Seminole we know not where. | Co., we do not know; but we know of In case after case evidence was of- certificate numbers as bight as 871 fered to show that the holders of these which would indicate a collection of certificates came into the Oklahoma $7,S10 at $10 each, the price thereof- lands in violation of the two acts of This has never been accounted for congress before set out, but it was but is claimed as the funds of the always ruled out as immaterial. company, though collected under au- As a further means of securing thority of the city. They left the city themselves in their illegal holdings of in debt for blank certificates, books, lots, they enacted the ordinance set lumber, labor, etc., near $2,000 and out — (Ex. No. G.) This ordinance no means to pay these honest debts, provided that all disputes as to who MONOPOLY, should have certificates for lots should To carry out their corporate power, be settled by arbitration, each of the to build street railroads, electric and contestants to choose one arbitrator gas lights, water works, etc., the citj limi- I '. that I «iy this, our people first tin n ' rhis they >ple then ie council tii call an eleel ion ■ This I iting of our | lien lie M. ami ppointcd tn draft such a charter and call an election for its adoption. On 1 1 ouch, . dio\ e our people 1 off the ballot bo trong One was acts, i pow- miitti il it to a vol ' it. Tin the for tin- --il oharti when an election v. y the Tlii had in < City. Many other wrongs doin I n defense for nil this, t i, till :. "anarchist I jinn] - Three- four! lis ol our i ivith us, an i rid. I n S ptember we w ere lionore idi linker of N. Y >in.. Allei kins and Peti all Drought to . the kindness of Col. Mansur nieuil res, kept in oarriagi s, at di that mi i nuld t ' iiii. until h tie of our coiniH tn their j half hour only. < hie of t lief ted that i council tn rssign w is got ten b< o a petit townsite and then attached it to n pe- tition untruth. These tueu will rrow ask 1 i z e 1 1 1 1 • i i a har tn thai we give ' ■ hat t Ins in'\ it In' i ION. Tie , ind held in out a v.i'll at I ' Vint ion of t hi abiding element of our tn\\ i aider and • This Memorial and Recommendations to Con- gress by Townsite Convention. Oklahoma City, I. T. Nov. 19th, 1889. At a convention of delegates from the vari ins Townsites in the Oklahoma country, buhl in Oklahoma City on the 19th day of November, 1889, the following Memorial and suggestions to Congress were adopted. John T. TayLou, Albert Rennie, Chairman of Convention. Secretary of Convention. To the Senate and House of Representatives of the United States in Congress as- sembled. We your Memorialists, as residents of the Cities and Towns of the Oklahoma country in the Indian Territory, in Convention assembled, respectfully represent to your Hon- orable Bodies: First: — The opening of the Oklahoma country to settlement was attended by an un- precedented rush of seUlers for land, one of the results of whieh being - , that nearly all lands now occupied for townsite purposes, were sought to be settled by some one or more homestead claimants, who now are seeking to assert their claims thereto, thus placing in controversy and dispute nearly all of our Townsite titles, and without legis- lative aid, these Townsites will in all probability be involved in litigation for years to come, greatly to the detriment and injury of the occupants thereof, as also to the inter- ests of the surrounding country. Second, — That all Townsites now occupied in the Oklahoma country, were under the act of Congress of March 2d. 1889, Champ. 412, laws 1889, settled in pursuance of sections 23S7 and 2388 of the revised Statutes of the United States, which provide in substance, that entries thereunder be made in trust by the corporate authorities of the towns or by the county Judge of the county m which the Townsite may be located. The absence however of both Corporate authorities and county Judges, thus far, in the Oklahoma country, has precluded the making of eutries under those sections, while ihe absence of Territorial Government and Legislation renders the administration of such trusts impossible and practically defeats the acquisition of title under the provis- ions of the aforesaid sections. Il thus results* that the acquisition of titles on til- pari of settlers upon our several 8 - under those sections musl in the ordinary oourse await the formation itorial Government, the election of a legislature and its action, providing suitable legislation to cany into effect the provisldns of those sections snd Hie creation <>f tha trustees therein provided for unless your Honorable Bodies shall grant to our pen Bome legislation providing other means of entering these Townsites and deeding the tota therein to the persons entil led thereto under existing law*, so a* to avoid this great delay that musl enane undi : 'nir present clroomstan Ttniin: — We would also call attention to t lie fact thai in several of our Cities more Hum 320 acres in one body la now actually occupied for municipal purposes, while un- der the restrictions ef the act of Much "id' aforesaid only 3'20 acres can now be entered Townsitc, thereby necessitating seperate town organiaations at these points. Being present and well acquainted with all the foregoing circumstances the following remedies are respectfully submitted to your Honorable bodies for consideration, us lie - in<; the best adapted to afford the necessary relief. Fiic-i : — That all contests now pending as to the right to enter Townsites have pre. SnCe in the Land Department. That U commission he appointed te enter these Townsites and that they lie empowered to make such entries at once and deed as after subject to the rights of the Homestead contestants and if such contest* lie de- cided in favor of the contestants that the value of the traol as farm laud Imi ascertained and assessed to the various lots as per value and the BUiU so collected be paid to the successful contestant in lieu of his right to the land, or thai their right* lie adjusted as occupying claimants. ..n: — That such rules he provided for the Government of the commissioner or Trustee a- should he provided under like circumstances by a Torritorial Legislation, and that a Court he established in the Oklahoma country, with power to bear and de- termine all contests as to Town lots, with such other Jurisdiction as your Honorable Bodies may deem pi Titian: — That a period of limitation of 30 days from notice and application for deed he made within which contest must he brought. Fourth. — That the provisions limiting Townsitc entries to 320 acres he repealed. Youi Honorable Memorialists therefore pray that your II tnorablo Bodies enaol such As are applicable to their situation. •Ions t. Taylor, Al II i . Chairman id Convention. ■ lan of Convention. 9 These recommendations meet our crimes, shall have immunity from all fit cordial approval. We would on- arrest or prosecution. This we regard !v add thereto the request that no lot as very important, as without d to any man unless he first, such stringent measures, no honest under oath, make full and satisfacto- electoral results can he obtained. (Jer- ry proof of his qualifications to enter tu inly no honest man need ever fear the same as now provided to enter the above regulations. lands in Oklahoma. There will be an effort to induce That as the law now stands no one congress to make these certificates ev- ean contest the right of a sooner to a idence of possession, if not contested lot, unless he has a right to the lot, sufficient to entitle the holder to a and lie cannot get a right unless the deed. To do this would be to vitalize contestant has been in possession of one of the most flagrant frauds perpe- the lot, and the sooner will not per- trated upon our people. See bv the mit possession to be taken, and hence ordinances, that any man by an ex- they cannot lie contested. parte sham affidavit and payment of II Kansas, Gil. Sherry vs. #4.50 could get one .of these to any Sampson; 21 Pacif. S18, Singer vs. man's lot, and they were conclusive Tillman. evidence that he owned the lot, and To cover this let us suggest that a with it he drove the other fellow out. contestant be allowed to contest and (see ordinances.) Then too these pa- have the right, if successful, to enter pers are held, many of them by men the lot as is now allowed in contests who never lived in the territory and touching the public lands much as by men who are law violators and provided by act of congress May 14, were invented for their protection. 0, Sec 2. Otherwise these men, The rule should be that the applicant so appropriately named 'daw breakers" must prove his right to a lot before the secretary of the interior, will get:ing a deed as is required to prove at last get all they sought, up on a claim to the public lands. In As to voting, we have an element no two towns were these certificates here, lose and drifting and very open issued on the same conditions or to to corruption, and so great is the in- the same effect. In some towns they teresis of the "sooner"' that they provide that if the lot is not improved will readily resort to corruption, as in a given tune they are void in oth- they have si often done in our city ers that the holder shall have two lots elections before. To prevent this, by only, etc. In many, lots wholly va- all means give. us the Australian gys- cant are held by these certificates and tern of voting, with the provision that to make them proof that a lie is truth the oil': ring or giving of any bribe to certainly is not rational, an elector should make both the giver If these be now vitalized it will Inl- and receiver guilty of a felony, and ter and give life 10 unlimited frauds imprisoned at hard labor for not less by issuing and selling certificates in than live years, with the further pro- future in new towns. These will al- vision that the one first informing on ways be pointed to as proof of titles the other, or fully disclosing the and cause them, in future to sell moie 10 readily and at a higher price, and en- bridges and ice manufactories; the aide designing men t<> pocket more purchase and Bale . 89 First. That the name of this cor- , t i\ i • w i i mm II. C. Linn, \\ . A. L. I hompaon, poration shall be the Seminole Town ,. , , w \ , cj m i Frank L. Webster, Sidney (lark, and Improvement Company. , . .,, Second. That the purposes for State of Kansas, / which this corporation is formed are Shawnee county. \ to the purchase, location and laying Personally appeared before me, a out of tovrnaitos and the sale and eon- notary public in and for said county, reyance of the same in lots and SUD- Kansas. divisions or otherwise. To construct The above named H. C. I. inn, \V. and opi I i railways, electric A. L. Thompson, Frank L. Websier, and gas light works, water works. Sidney Clark and Ceo. L. Chase who water power, irrigating canals, toll are personally known to me to be the 11 same who executed the foregoing in- elected and qualified, strument of writing and duly acknowl- Third: It shall be 'he duty of the edged the execution of the same. temporary mayor to call an election Jn testimony whereof 1 have here- for the first day of May, 7889, for unto subscribed my name and affixed mayor, for recorder, for police judge, my notarial seal, this 19th day of for city attorney and treasurer, and April, A. D. '89. six "ouncilmen, which call shall be by [seal] E. I. Cartlige, proclamation signed by said temporal Notary Public. ry mayor, and attested by said tempo- (My commission expires March 27, '92) rary recorder, and shall be posted in State of Kansas, three public places in said city at least Office of Secretary of State. two days before the day of said elec- I. Wm. [liggins, secretary of state tion, and shall proclaim the manner, of Kansas, do hereby certify that the the time and the places of holding the foregoing is a true and correct copy same. He shall be ex-officio chief of of the original instrument of writing police, and shall have power to ap- filed in my office April 79, A. D. '89. point such additional persons to act In testimony whereof I have here- as police as he may deem necessary unto subscribed my name, and affixed to preserve good order; he shall have my seal. the power to designate and appoint Pohe at Topeka, Kansas, this IS three judges for each voting place who day of May, A. D. '89. shall have charge of the ballot Wm. Higgins, Doxes and the counting of said ballots. Secretary of State. Fourth: The temporary recorder exhibit 2. — city charter. shall make a complete record of this At a mass meeting of the citizens article in a book for that purpose, to- of Oklahoma City, held on April 27, gether with the proclamation of the '89, the following articles of confeder- mayor, and shall perform such other ation were unanimously adopted: duty as may be imposed upon him by We, the people of Oklahoma City, the mayor or council before his sue- in the Indian Territory, for the more cessor is elected and qualified, adequate protection of property and Fifth: Said permanent mayor and for the better preservation of order, councilmen shall constitute the legis- and to f )n» a more perfect union, do lative power of said city government, ordain these resolutions to be in force and shall have power to provide by and effect. ordinance such rules and regulations First: That there be elected one as they may deem best for the public temporary mayor who shall hold his welfare of said city, office for the term of five days, or until Sixth: The temporary mayor, re- the successor is duly elected and qual- corder and police, appointed under :g j said temporary mayor shall each re- , m , , , ,, i i , i ceive the sum of one dollar for their Second: That there shall be elected ~_„:„ no one temporary recorder who shall be EXHIBIT 3. elected for five days, or until a perma- (See page 3.) ncnt provisional successor is duly Whereas, In the unsettled condi- y natun It) of :i II ion _'. . ip whicli 1 that the bi Ki ail bj with an .1 thai l let ami thai fully paid. : ill p t o t h c lot ind thi uudi ' \V. L ( ■ by the mayor tliis 4th day of .May A. ed by the mayor of said city. Attest: Jno. A. Blackburn. W. L. Couch, City Recorder. Atti Mayor. EXHIBIT 4, ORDINANCE NO. 8. Jno. A. Blackburn, Recorder. (See page 3.) ordinance NO. 3. An ordinance entitled an ordinance _Au oidinance entitled an ordinance regulating the issuing of Certificates providing protection to holders of cer- of titles to lots. tifieates from the city. Be it ordained by the mayor and coun- Be it ordained by the mayor and oilmen of the city of Oklahoma City. eouncilmen of the city of Oklahoma Section 1. Any person who de- City, sires that a certificate for a lot in said SECTION 1. Any person holding cer- city be issued to him, shall make an tifieates under the laws of Oklahoma affidavit properly sworn to and in City to a lot or lots in said city shall person or by agent or attorney file the after the filing of the same with the same with the City Recorder. Said recorder of said city be secure in his affidavit shall describe said lot, and right to the extent that the city guar- shall state that the claimant made antees to said person that said certifi- the first settlement upon said lot, for cate shall be conclusive evidence that actual settlement or for the purpose such holder lias in every way complied of making substantial improvements with the lawjin regard to settlement upon the same, and that at the time and occupancy of said lot, and that all betook possession and made settle- persons not holding one of said certifi- ment upon said lot there was no eates or unier some 'person to whom house, tent, --take, sign or other thing one has been issued who shall claim or upon said lot to indicate that it was undertake to exsreise any rigid or claim claimed by any other person, and that to any lot or lots shall be deemed guilty at that time there was no other person of a misdemeanor under ordinance upon said lot claiming possession of number one. it. Or in case the party asking said 2. This ordinance shall apply certificate claims said lot by purchase ell to the heirs, executors, aduiin- of the right of any other person the istrators and assigns of the holder of affidavit shall describe said lot and set said certificates as to the original forth that at the time he purchased holder. there was no claim or possession of Sec.3. This ordinance shall take ef- said lot adverse to the possession of feet and be in force from and after its the party from whom he purchased. apporval by the mayor, and the post- Sec. 2. Upon such affidavit being ing of ten hand bills in as many pub- filed with him the city recorder lie places in the city. May !). 1889, shall issue to said claimant a certifi- approved W. L. Couch, Mayor. cate that he is entitled to the peace- I hereby certify that on May 6, '89, able possession of said lot and he or this ordinance was duly passed by the his assigns is entitled to a deed from city council of the city of Oklahoma the trustee or other person whom the , and was on said day duly approv- government of the United States may and appoint ; idod: that in :ill ■ I by the mayor and ncilincn ■\ n :i tul Section 1. That whenever any npatn tin implied with ihall he received and recorded tli of ordinance N the city recorder and shall havi ty. entitl linance r< tid effect led by the I lea to lot* ill hold a n rded own certificate in li«u certificate to any lot as in said < »r II. \ then are hereby order Following this i^ whit i~ given be- disp< Pendant, James Me James McCarren is the same Carre n and :ill persona holdihg under party who figured as John l re. him, and deliver the ] ession of Oklahoma City at relation . In Police said property to said John H. Gould- of William Goulding art be- j Dg| plaintiff, (observe this Becond ^ ~~ -! fore ( ). II . ., , , . ... • , ., , .. ,, . , ., ease is Oklahoma LJity a( tin- relation James Mil arren, Pelt. \ lolet, I . Judge °' William Goulding, plaintiff, but In the above entitled and numbered ,l "' possession is ordered to John K. iula.it having been cited Coulding, the man win. prosecuted ippear and show cause if any, why and was beaten in the first oase,) ami the reliel Bought in plaintiffs com- this shall be youi warrant, therefor plaint herein filed should not be :iml ,,f . v,M,r " 1:, "" ,r of securing the granted and (under arrest) having ap< s:l ""' niake (Iu '' return, witness my iredin person and by council, and official seal at Oklahoma City I. T. this ii all the testimony offered by the plain I8»h dayof July, A l» tiff and defendant, (all this was rejec- () - u - Violet. I, jury ami witnesses all denied to RETURN. him. plea of former acquittal over- Tne within writ came to ll:i,1(1 ,,,is ruled) ami arguments of council and 17th llav of July, '80, at 9:30 a. m. tin- law ami the evidence being in '• **■ COUCH. or of plaintiff and against defen- Served the written writ by disposj .hint, it is by reason thereof ordered Bossing James McCarron of Lot 7. adjudged and decreed that plaintiff Blook/H, Oklahoma City, I. T. and have and recover judgement against all others olaiming under him and de- defendant for the possession of the livering possession thereof to John ■ property in plaintiffs petition dc- E. Goulding, as commanded in said ibed, viz. Lot 7 Block 11, of Ok- writ, at 10:30 o'clock of the 17th day lahoma City, I. T. together with all ofVuly,'89. T. A. Corn the buildings and improvements there- ordinance no. l'<>. on, and it is further ordered and de- An ordinance granting J. D. Cook, ed that the City .Marshal dispos- "• w - Gibbs, W< II. Bbey, James B. defendants and all persons hold- Weaver, C. W. Price, C. P. Walker, in- under him. and restore possession Robert Kim-aid. B. N. W Ison, T. aid premises to plaintiff ami that N > Riohardson, II. Hollander and endant pay the costs of these pro- l''' : '"^ A Weimer to erect, construct lings, this done at Oklahoma City, and operate gas, electric light works, L T. thii 13th day of July, A. D. '89. or other modes of lighting oities to o. ||. Violet. Police Judge, furnish light and power in Oklahoma w Aitu \\ i iii POB8E8B10N. City. I. T. (Title of can Be i< ordained \>y the mayor and In the above entitled ami numbered counoilmen of Oklahoma City, 1. T. nietit having been ren- See. 1. That the Bole and exclu- dered decreeing the possession of hut sive right ami authority be ami the 19 same is hereby granted unto J. D. Cook, D. W. Gibbs, W. H, Ebey, James 13. Weaver, C. W. Price, C. P. Walker, Robert Kincaid, B. N. Wood- son, T. M. Ilichardsen, H. Hollander and Frank Weimer, their successors and assigns, to erect, construct, main- tain and operate gas and electric light works, or other modes cf lighting cit- .ies, to furnish light and power in Ok- lahoma City, I. T., for the use and convenience of said city and the inhabitants thereof, on t e terms and conditions and under the restrictions hereinafter pro- vided, • and the said grantees their successors and assigns or employees, are hereby authorized and empowered for the term and period of twenty- one years from and after the passage of this ordinance, the sole and exclu- sive use of the streets, avenues, lanes and alleys, and public grounds belong- ing to or under the control of said city, as it is now laid out, or as it may hereafter be laid out, extended or en- larged for the purpose of conveying said light or power .in and through the city for the use of the city and its inhabitants for the purposes above stated; and the sole exclusive right of way is hereby given to the said gran- :ee, their successors and assigns, thruugh such streets, avenues, lanes, alleys and public grounds for erecting the necessary poles, wires and other appliances in, through, under and ov- er the said streets, avenues, lanes aud alleys and public grounds for the pur- poses hereinbefore stated: Provided, that such streets, lanes, alleys, ave- nues and public grounds shall not be unnecessarily obstructed and shall be at the expense of said grantees their successors and assigns, within a lea- sonable length of time, placed as near as possible in as good repair and con- dition as before said streets were to obstructed. Sec. 2. That said poles shall be set under the direction of the city coun- cil of said city, and in places and in such manner as not to interfere with the necessary and proper use of said streets, alleys, lanes, avenues and pub- lic grounds of said city. Sec. 3. That the said grantees their successors and assigns, shall in con- sideration of the granting of this franchise furnish to Oklahoma City all necessary lights for the streets, al- leys, lanes, avenues, public grounds and public buildings of said city at a price not to exceed $150 per annum, for each light of two thousand candle power, said lights to be placed in po- sition within a reasonable length of time after being notified by the pro- per city authority in writing, stating the locality of said lights. Sec. 4. That the city council shall pass such ordinances as are necessary to protect and enforce the rights and privileges as herein granted which rights and privileges shall not be abridged or abrogated during the term of said franchise. Sec. 5. That the said grantees, their associates and assigns shall com- mence the construction of said works within ninety days after the city council shall so order and shall pro- vide a sufficient number of lights to light the city under direction of the city council and said works shall be put in operation within ninety days from the commencement of construct- ion. Sec. 6. That this ordinance shall be in full force and effect from and after its passage, approval and publi- cation in the official paper. Ordinances granting to the same parties the exclusive right to erect water works and street rail roads, were adopted. 1- LIBRARY OF CONGRESS ll 1 1 1 III II 016 093 735 P