[Col. J. H. Windsor and Senator or Dr. Roberts appear to be main owners.]
[Also mentioned: A. D. Windsor, possibly the son of Col. J. H. Windsor.]
In the matter of Roberts [Senator or Dr.] it is really confusing. I have seen the following mentioned: N. B. Roberts [which I believe should have said “W. B. Roberts,” H. W. Roberts, and D. W. Roberts.
The Traveler of October 3, 1883, stated that W. B. Roberts and E. T. Roberts and Colonel J. H. Windsor of Titusville, Pennsylvania, were the owners of Willow Springs stock ranch.]
CATTLE AND OIL INTERESTS.
Windsor & Roberts become members of the Cherokee Strip Stockmen’s Association in October 1882. “Major J. Gore” is with them. Article refers to them as the “Pennsylvania Oil Company.”
Caldwell Commercial, Thursday, October 26, 1882.
THE STOCKMEN IN COUNCIL.
Special Meeting of the Cherokee Strip Stockmen’s Association.
In accordance with the call issued by the President, the Cherokee Strip Stockmen’s Association met in Caldwell at 10 a.m., on Tuesday, the 24th, inst.
President Ben S. Miller called the association to order. The regular secretary being absent, W. B. Hutchison was appointed to act as secretary pro tem.
Ed. M. Hewins stated the meeting was called for the purpose of taking such action as would prevent the stealing of stock from members of the association, and where stock was stolen to bring the thieves to prompt punishment. Mr. Hewins closed his remarks by offering the following resolution.
Resolved, That A. M. Colson, chairman of the Inspection Committee, be and is hereby empowered to offer a reward of $1,000 for the arrest and conviction of any person or persons stealing stock from members of this association.
The resolution was adopted by a unanimous vote.
Mr. Hewins also moved that the Inspection Committee be empowered to employ detectives, whenever it may deem necessary to aid in the detection and capture of parties engaged in stealing stock from members of this association. Carried.
On motion the following was adopted.
Resolved, That any member or members of this association who fails or refuses to pay his or their proportion of an assessment made by the duly authorized Inspection Committee of this association, of which A. M. Colson is chairman, be debarred from all the rights and privileges of this association.
Col. J. H. Windsor and Major J. Gore were elected members of the Cherokee Strip Association upon paying the requisite admission fee.
On motion of Mr. Colson, the proceedings of the meeting were ordered to be published in the Caldwell and Anthony papers, and in the Kansas City Indicator and Price Current.
There being no further business, the meeting adjourned.
BEN S. MILLER, President
W. B. HUTCHISON, Secretary, pro tem.
Caldwell Commercial, Thursday, October 26, 1882.
Col. J. H. Windsor and Major J. Gore of the Pennsylvania Oil Cattle Company, were in attendance at the meeting of the Cherokee Strip Stock Association on Tuesday. The company have their ranch south of Arkansas City, and sufficient pasture room for 10,000 head of cattle. The company’s brand will be P on left shoulder, O on the side, and Co on left hip. Senator Roberts, of Pennsylvania, is a member of the P. O. Company, and takes a great interest in it. It is perhaps unnecessary to add that the company, with commendable forethought, made arrangements to have a copy of the COMMERCIAL every week.
Caldwell Commercial, Thursday, November 23, 1882.
Fencing on the Strip: Chief Bushyhead’s Message.
We see by the Cherokee Advocate, that Chief Bushyhead has called attention in his message to the fencing of ranges in the Territory. He makes no objection to fencing, but in plain and pointed language enters a protest against a few individual Cherokees parceling out the Strip to their personal advantage. In this, the COMMERCIAL heartily concurs with the chief. The Strip is the common property of the Cherokee Nation, and while there ought not to be any objection to the Nation making such use of the land as will inure to the benefit of the Cherokee people as a body, nothing like monopoly upon the part of the shrewder members of the Nation should be tolerated. This thing of John Jones, Dick Dunbar, Big Hand, and Little Finger coming to the Strip, laying out patches of ten to twenty-five miles square, and then selling the right to occupy them, putting the money in their own pockets, is an outrage upon the poorer members of the Nation. If a railroad company should attempt anything half as vicious, not only the Cherokee Nation but the Interior Department at Washington would be in arms against it.
The proper way for the Cherokee council to do, is to pass a law giving the stockmen the privilege of fencing in a reasonably sized range for a consideration that will be equitable to both parties, the money to be placed in the treasury for the benefit of the whole Nation. The council should also provide that the ranges shall be of uniform size, taking into consideration a fair supply of water, etc., but no man or organization should be allowed such a range as would give him or them advantages over individuals of smaller means. Treat all alike, and if one takes a range for 10,000 head of stock, make him pay for that number. If he takes a range for 5,000 head, make him pay for that number, and so on.
And to the extent of range to be allowed, we have no suggestions to make. We can only say that the best policy would seem to be, both for the interest of the Cherokees and the cattlemen, to make the ranges as small as possible without destroying the profits of the business.
Another thing, the council should unite upon a system of fencing that would leave a free roadway from all ranges to shipping points on the Kansas line. Without some such arrangement, trouble will arise among the cattlemen, and their last state will be worse than their first.
As to the stockmen, we have no advice to give them. They probably know their own business better than any newspaper scribbler can tell them, but at the same time we can’t refrain from suggesting to them the propriety of having, through representatives chosen from among their own number, a free, full, and frank conference with the Cherokee council while it is in session, and among other things make arrangements for holding grounds adjacent to the shipping points on the Kansas line.
Caldwell Commercial, Thursday, November 23, 1882.
The stockmen on the Strip should make some kind of an arrangement with the Cherokees whereby a fair sized strip of country can be held open for the exclusive use of cattle shippers. In order to do this they should at once set down upon those fellows who are selling ranges for their own advantage. Our advice would be, give not a dime to any man, full blood, half white, or brevet Cherokee, for the privilege of occupying a range. Pay honestly and faithfully every dollar due the Cherokee nation for the privilege of holding stock on the strip, but not one cent for a shark to put in his pocket. In other words:
“Millions for de fence,
Not one cent for tribute.”
Note. Evidently the paper at Arkansas City under Standley was asleep at the switch and did not know what was happening to them. About the time they noted that Capt. C. M. Scott had left on a train for the east for Washington, D. C., Windsor & Roberts had already had their “advance man” called “Superintendent,” referred to as “Major Gore” fencing in the Windsor & Roberts property south of Arkansas City. What I am really puzzled about is the item that tells about Scott’s journey to Washington, D. C. It mentions two others going there. Whether they were advising Scott or whether they had other interests are never made clear. MAW
Arkansas City Traveler, December 6, 1882.
Major Gore, one of the most genial of the B. I. T. men, left for the East last week. He will visit Texas to buy stock before returning to this section.
Arkansas City Traveler, December 6, 1882.
Messrs. N. T. Snyder, C. H. Searing, and Capt. C. M. Scott left on Monday’s train for the East. Before returning all three of the gentlemen will visit Washington, D. C.
Caldwell Commercial, Thursday, December 7, 1882.
The following is a part of the bill passed by the Cherokee council in convention assembled at Tahlequah, in regard to wire fencing on the Cherokee Strip west of 96 degrees, and has been sent to Chief Bushyhead for his signature. We would have published the bill in full if space could have been spread, but the part copied is what interests our citizens most.
“Be it further enacted. That all fencing, of whatever character, done or that may be hereafter done on the herein before mentioned lands for purpose of pasturage by citizens of the Cherokee Nation, or persons claiming to be citizens of the same or in the names and on account of such persons by citizens of the United States, under whatever pretense, are hereby declared to be illegal and unauthorized, and the owners and claimants of such fences, whether of wire and posts or other material, are required to remove the same within six months from the date hereof, or the same shall become the public property of the Cherokee Nation and be sold subject to removal by the Sheriff of Cooweescoowee District or his lawful Deputy, after he shall have publicly advertised the same in the Cherokee Advocate and one other newspaper, published in the town of Caldwell, Kansas, for the space of thirty days immediately preceding said sale. Provided, That wherein it may be made to appear, that posts or other wood and material used in the construction of said wire or other fences, have been obtained from the lands aforesaid of the Cherokee Nation—the same shall be taken possession of in the name and on the behalf of said Nation and sold in the manner above provided, in the first instances, and shall not be subjected to sale or removal by owners or claimants. Provided further, That this act shall not be so construed as to prevent licensed stockmen from constructing such lots at their usual headquarters, not exceeding twenty acres in extent, as may be necessary for the better management of their stock.”
Caldwell Commercial, Thursday, December 14, 1882.
We urge upon Hon. Thomas Ryan the propriety of pushing through his bill for attaching the northwestern portion of the Indian Territory to the District of Kansas for judicial purposes, and for the establishment of a U. S. Court at some eligible point near the southern border of Kansas. The western portion of the Territory is now practically under no other law than that of force, for the reason that where a criminal is arrested and sent to Fort Smith, persons having knowledge of his guilt cannot be induced to give information for fear of being dragged to Fort Smith as witnesses at a great inconvenience and loss of time and money. The practical effect of this state of affairs is to make the Territory a harboring place for the worst class of outlaws in the country, whom the law-abiding and orderly people cannot rid themselves of except by taking the law into their own hands.
Caldwell Commercial, Thursday, December 14, 1882.
Chief Bushyhead has vetoed the bill annulling the contracts made between cattlemen on the Cherokee Strip and citizens of the Cherokee Nation, and also the bill to lease the Strip to a combination of members of the Nation. His veto messages have not been received, but it is safe to say that in both vetoes, the chief was eminently correct.
Caldwell Commercial, Thursday, December 14, 1882.
While on our wanderings down in the Territory, we heard a conversation among cowboys accidently brought together at one of the stage ranches on the road between here and Reno. They were discussing the cattle business, as only cowmen can, and commented upon fencing, cowmen’s work, etc., at the same time freely criticizing some of the cattle bosses. In speaking of the extra work entailed by reason of fencing, one of them stated that S. Tuttle was one of the whitest men on the range. He had built a comfortable house for his hands, and while he exacted faithful services on their part, at the same time he did not require impossibilities. The line riders had each only ten miles of fence to look after, instead of twenty-five, as on some ranches, and in so far as he could, Mr. Tuttle made the hard and laborious life of a cowboy as smooth as circumstances would permit. The moral to this will show itself next spring when, we believe, S. Tuttle will find very few of his cattle outside of his range at the general round up.
Caldwell Commercial, Thursday, December 14, 1882.
An Indian Territory special says the Indian authorities and Indian Agent Tuft are trying to remove 2,000 Indians from the Creek and Seminole countries, who have moved in, settled, and occasionally intermarried. Secretary Teller has the matter under advisement. If removed, they may make trouble.
Arkansas City Traveler, December 20, 1882.
Capt. Haight informs us that he was called into the Territory a short time ago to settle a boundary line between two large pastures. One of them, just south of Arkansas City, contains 190,000 acres, and is being fenced with barbed wire. This is being done by Col. Windsor, of Titusville, Pennsylvania, under the cover of the names of two Cherokee Indians. The other is being fenced by Mills and Stevens. Telegram.
Arkansas City Traveler, December 20, 1882.
ARKANSAS CITY, Dec. 18th, 1882.
Pursuant to notice published, calling a stockmen’s meeting at the Central Avenue, on Monday last, about thirty stockmen responded, and the meeting was called to order at 1 o’clock p.m. Mr. Hodges was called to the chair, and O. O. Clendenning was appointed Secretary. The Chairman then read an article from a Cherokee paper, stating what the Cherokee Council had done to prevent Eastern Companies from fencing, and thus depriving the stockmen of the several ranges for which they had paid and held license to in the Indian Territory.
Mr. J. E. Snow, Attorney of Winfield, then read a series of resolutions prepared by himself and W. P. Hackney, the acting attorneys for the stockmen. The resolutions are too lengthy to be inserted here, but the sum and substance was that the stockmen there assembled pledged themselves to abide by and aid each other to the utmost extremity in resisting the action of the fencing monopolies which are attempting to illegally force them from their ranges.
The resolutions were adopted and signed; and the following gentlemen, Messrs. F. M. Stewart, D. Warren, and W. H. Dunn, were appointed a committee to act in the premises and decide as to the action necessary to be taken to enforce the resolutions as adopted.
A motion was put and carried that the minutes of the meeting be published after which the meeting adjourned subject to a call of the committee.
Caldwell Commercial, Thursday, December 21, 1882.
From Caldwell, Kansas.
EDITOR INDIAN CHIEFTAIN: As you have an outspoken people’s paper, I send you a few lines upon matters west of 96 degrees.
The spirit of invading Oklahoma is on the boom, and they threaten to march about the middle of February in strength, and hold by force. If a rope and tree could be furnished the leaders, the cause would end.
After looking over our delegates’ report to the council and seeing so much bosh from the U. S. Indian department, I feel it my duty to defend Cherokee rights. We have 6,500,000 acres of beautiful, rich land unsold west of 96 degrees, and we ought to control it like men, and quit begging thieving officials who always act in favor of those who pay the most for their influence—it is ours until sold and title conveyed. They claim a right to control by a clause of the treaty of 1866, which says, “the government may locate friendly Indians, etc.,” which clause conveys no title and is abrogated by a provision to remove no more Indians from their homes, etc. Doing, and failing to do, are different things. Then they claim a set price of 50 cents per acre, dated 1878, when the treaty provides for a commission to value all lands sold. Admitting that a price was fixed in 1878 for such land at 50 cents per acre, to hold before sale and regardless of increased value, shows fraud which annuls the whole proceeding. They have bought and paid for the Oklahoma ceded lands, and have room there for more Indians than there is to locate. Such a sale of our land works an evil instead of good, it furnishes fusions instead of homes for other tribes, and gives land sharks an excuse to move and rob them of their homes at our expense. This country was provided by our parents, and we should hold it sacred as a headright for the Cherokee blood, and not ruin our inheritance by blind and corrupt legislation, as has been done with our homestead east of 96 degrees, where parties ignore Cherokee rights to buy foreign votes. If we have 15,000 Cherokees, a division of this land will give 433½ acres per head, and with an individual title placed on the market would bring from $3 to $40 per acre, and at a low average of $5 per acre, would give $2,166.83 per capita, enough to end our cry for bread money that politicians so eagerly take advantage of to make voting stock.
Fencing stock pastures west of 96 degrees, I will state, was a means of self-defense adopted by stockmen, and guaranteed by individual enterprise of Cherokees, upon common right.
Our land unsold begins east at the Arkansas River, and runs west to the Panhandle of Texas, being 178 miles long by 57½ wide, and joins Kansas on the south in length. Under the old mode of herding, no one could afford to hold stock nearer than 10 to 20 miles of the state line; they would ramble or be driven to Kansas pens, and to recover them, owners have to pay a fine, damages to crops, and other expenses, as per herd law. The result was that licensed herds left about one-third of our range vacant, which was covered by men living on the line with sheep and other stock on which they paid no taxes. Most of said range is being reclaimed by men fencing and stocking pastures, thereby saving the range and timber and creating more revenue for the Nation and establishing Cherokee rights by fencing squatters out.
It is true, some of our people abuse the cause by covering stock from tax or taking more range than is needed. Our treasurer has the right to tax all stock west of 96 degrees, and cover all extra range with stock, which will stop the swindle and greed. J. W. JORDAN.
Arkansas City Traveler, December 27, 1882.
C. M. Scott is now at Cadiz, Ohio, having left Washington on Friday last in order to spend the Holidays with his parents.
Caldwell Commercial, Thursday, December 28, 1882.
WASHINGTON, Dec. 22. Captain Scott, of Arkansas City, Kansas, is here to consult with the interior department respecting the conflicting leases of lands in the Indian Territory, made by the Cherokee Nation to various cattle men of Kansas and Missouri for grazing purposes. This is the inauguration of a big fight between the original lessees, who are small cattle owners, and the large companies who are striving to acquire control of these lands to their prejudice.
Arkansas City Traveler, January 3, 1883.
It would please us to hear of a nice little rebellion and uprising of the people along the line of the Territory on both sides. A company in Pennsylvania is fencing in large tracts of land already occupied by settlers, to the exclusion of any who may choose to cross the border. Barb wire fences twenty-five miles long are being stretched all along the line. One of the pastures south of Arkansas City contains 190,000 acres. This is being fenced by Col. Windsor, of Titusville, Pennsylvania, under cover of the names of two Cherokee Indians.
Caldwell Commercial, Thursday, January 4, 1883.
THE CHEROKEE OUTLET.
Important to Stockmen.
The Globe-Democrat of last Sunday publishes the following special from Washington, which may or not be of interest to stockmen on the “outlet,” according as they view it. It is dated Dec. 30, 1882.
Reports have reached the Indian Bureau from Cherokee County, Indian Territory, to the effect that the white men are erecting buildings and fencing off pastures in the “Cherokee Outlet.” Commissioner Price today addressed a letter to Agent Tufts at Muskogee to warn the white herders to remove with their stock from off the reservation, allowing twenty days for the exit. If the herders fail to get out at time, the agent is authorized to call on the military to eject them.
If we understand the above rightly, the attempt will be made to remove the stockmen from the strip, or “outlet,” as it is termed in the dispatch. Should such be the case, the move will be an outrage upon the stockmen, for which no excuse whatever can be offered. For they have paid taxes to the Cherokee Nation and received a permit therefor to hold their stock on the strip. In addition to paying taxes, many of them have also bought and paid for such right as the Cherokees could give to fence their pastures and to erect suitable buildings for the shelter and accommodation of their employees. They, therefore, have an equitable right to remain undisturbed so long as they do not violate the laws of the United States and the regulations of the Cherokee Nation governing the occupancy of the lands.
But, it will be urged, the Cherokee have no right to grant pasture-fencing privileges on the Strip. Why not? It is not worthwhile to quote extracts from their treaties at this time, for they have been published so often as to be familiar to everybody who has taken the least interest in the Territory affairs. It is only sufficient to state that these treaties convey to the Cherokees, in fee simple, the lands in question, and that, until paid for by the United States, the Cherokees have the sole control of the lands, with the undoubted right to secure from them the largest revenue possible. No one who thoroughly understands the full merits of the question will argue differently. Therefore, it seems to us that if complaint has been made against the stockmen, it comes from envious or malicious parties, parties who cannot occupy the country themselves and are not willing to allow others to do so.
The stockmen, in their own interests, should take steps to ascertain the full meaning of the dispatch, and if there is anything in it, adopt a course that will protect their rights.
Since the above was put in type, we have discovered the following in the Washington letter of the Kansas City Times.
“By the Cherokee law each Indian has been allowed to appropriate a given quantity of land suitable for grazing purposes in the Indian Territory. It appears that the rich and powerful corporation known as the ‘Standard Oil Corporation’ have gone into the speculation of cattle raising, and the better to serve a monopoly, have hired Cherokee Indians at nominal rates to take up grazing lands for the benefit of the company. Heretofore, the people of Missouri, Kansas, and Texas have been able to graze their cattle in the Indian Territory by paying so much a head, but the plan of the Standard Oil Company is to drive out all those engaged in raising cattle in a small way. The leases or contracts made with these Indians by the Standard Oil Company have been submitted to Secretary Teller, and to his credit, be it said, he has peremptorily declined to approve them. This evidences the fact that the Secretary appreciates the interests and wants of the western people, and is not to be dragooned into injustice even by so powerful a corporation as the Standard Oil Company.”
This, we think, accounts for the Globe-Democrat’s special.
It is well enough to restrain monopolists, but we venture the assertion that the parties who are objecting to the Standard Oil Company’s leases are stock owners on the Kansas border, who have been in the habit of holding cattle in the Territory without paying one cent of taxes on them to the Cherokees or the state of Kansas. In their way, they were monopolists as well as the Standard Oil Company.
Caldwell Commercial, Thursday, January 11, 1883.
LEASING THE OUTLET.
The Schemes of Monopolists.
Last week the COMMERCIAL published a statement regarding the flurry created by an order, issued by the Secretary of the Interior, for the removal of stockmen from the Cherokee Strip. On Friday last, Mr. Tuttle, of this city, received a telegram stating that the order had been rescinded, and on Saturday the following appeared in the Globe-Democrat.
WASHINGTON, D. C., Jan. 5. B. H. Campbell, representing a syndicate of Chicago capitalists, is negotiating with the Secretary of the Interior for a lease of a tract of land thirty miles square in the Indian Territory belonging to the Cherokee and Cheyenne Indians. They propose using it for grazing cattle, and agree to cut only such timber as is necessary to provide posts for wire fences to enclose the land. They offer $50,000 rental for the land. The Indians are represented as being anxious to enter into the arrangement.
B. H. Campbell has evidently experienced a change of heart since he quit editing a greenback paper in Iowa. Then, his soul was harrowed by the privileges granted monopolists and their encroachments upon the rights of the people. Now, he is only too anxious to be enrolled in the ranks of that hated class.
Letting Mr. Campbell rest for the present, it is well enough to state here, that
1. The Cheyennes do not control any lands in the Indian Territory.
2. Even if they do, neither they nor the Cherokees, jointly or separately, have anything to say about leasing lands in the Territory for grazing purposes.
3. Secretary Teller has no authority to lease lands in the Territory for any purpose whatever.
But even if he has that authority, and chooses to exercise it in favor of a cattle syndicate or an individual who desires to engage in the stock business, then he may also lease a tract or tracts to colonies or individuals for agricultural or mining purposes.
Furthermore, to acknowledge the authority of the Secretary to give a lease to Mr. Campbell’s Chicago syndicate, is practically an assertion that the land in question belongs to the government, and therefore is subject to settlement. Certainly no one assumes that to be the case.
In the above we do not wish to be understood as objecting to leasing the lands in the Territory, west of 96 degrees, and not absolutely required for the use of the Indians now occupying them, for grazing purposes. On the contrary, the COMMERCIAL has been the first to advocate such a course, believing it would be beneficial to the Indians, a great saving to the country, and put at rest—for a time, at least—all attempts to force the Territory open to settlement. But this must be by the authority of Congress, and under such regulations as will not permit the entire country to be absorbed by two or three combinations like the one represented by Mr. B. H. Campbell. And it is well to remark right here, if the attempts being made to place the control of the grazing lands, in the Territory, into the hands of a few men, or any combination of capitalists, is persisted in, the results will be that in less than one year the land in question will be dotted with claim houses instead of cattle. A little reflection on this point may possibly save some useless and likewise expensive trips to the national capital.
Caldwell Commercial, Thursday, January 11, 1883.
Notice was received from Agent Tufts, on Monday, to publish the order notifying stockmen on the Strip to remove fences and improvements. Yesterday morning a dispatch was received from him countermanding the notice to publish. It would seem, from this, that the order issued by the Indian Bureau had been suspended until the condition of affairs on the Strip are thoroughly investigated. Should this prove to be the case, the stockmen need not fear any further trouble, as such an investigation will undoubtedly convince the Interior Department that no cause exists for interfering with them.
Caldwell Commercial, Thursday, January 11, 1883.
Stockmen’s Meeting at Topeka.
We see by the Commonwealth that a special meeting of stockmen belonging to the Stockmen’s Association of the Cherokee Strip, was held in Topeka on Monday. M. H. Bennett was elected chairman pro tem., and after a free and full discussion of the order issued by the Commissioner of Indian Affairs removing all improvements from the Strip, on motion Hon. E. M. Hewins and Maj. A. Drumm were appointed to wait upon the Secretary of the Interior and request a thorough investigation of the intentions of the stockmen in erecting enclosures and making the improvements complained of. Also, to request a suspension of the execution of the order until the investigation is made.
The meeting adopted the following preamble and resolutions.
WHEREAS, We have an association known as the Cherokee Strip Stockmen’s Association, whose members own over ninety percent of all livestock grazed upon the Cherokee Strip, Indian Territory, and all difficulties heretofore arising between members of this association have been amicably settled by themselves, and
WHEREAS, We, as stockmen of the Indian Territory, claim no right whatever in said Territory, only as guaranteed us by virtue of paying a grazing tax on stock to the Cherokee nation; therefore, be it
Resolved, That we would respectfully request the Secretary of the Interior to make a full and complete investigation of the interest and purposes of the stockmen on the Cherokee Strip in the Indian Territory, as regards their improvements further than to simply protect their stock from trespassing upon the ranges of their fellow stockmen.
Resolved, That we are opposed to any company or individual monopolizing any part on the Territory that infringes upon the rights of any person or persons that have paid the grazing tax upon their cattle and have grazing ground allotted and set apart for the benefit of the cattle upon which said tax has been paid.
Resolved, That we unanimously disapprove of the Standard Oil Company or any other corporation or company of individuals, in fencing up the grounds known as the “quarantine grounds,” said grounds having been set apart by the association, by and with the consent of the Cherokee authorities, for the benefit and use of persons driving cattle from Texas and other points for shipment.
Resolved, That we, as members of this association, will use our utmost endeavors to prevent all trespassing upon the timber lands of the Cherokee Strip by whomsoever it may be. We do also insist upon all persons holding stock upon the Cherokee Strip preserving order and quietly submitting to all the laws and decisions of the governing power of the hour.
Caldwell Commercial, Thursday, January 11, 1883.
The Commonwealth: The Chicago capitalists who are negotiating with the Secretary of the Interior for a lease of 2,400,000 acres of land in the Indian Territory, are under the leadership of B. H. Campbell, late United States marshal for the northern district of Illinois. They offer the magnificent sum of two cents an acre for the richest land in the west. The scheme goes on all fours with Uncle Rufus Hatch’s offer to take the Yellowstone Park off the government’s hands for a hotel site, or that other proposition of the Standard Oil Company to “freeze out” all the small cattle men in the Territory.
Caldwell Commercial, Thursday, January 18, 1883.
The Commonwealth of the 14th informs us that “stockmen in the Indian Territory are much pleased over the news that they are not to be removed until an investigation is held by the Interior Department.”
Caldwell Commercial, Thursday, January 18, 1883.
THE CHEROKEE LAW ON FENCES.
Elsewhere will be found the law relating to pastures and fencing the same, passed by the Cherokee Council at its last session, and approved December 9, 1882.
On the face of it, the law was intended to apply only to that portion of the Cherokee country east of the 96th meridian, yet if it means anything, it means that all fenced pastures on the Strip must also be reduced to fifty acres, and that those who have erected fences enclosing a greater number of acres, must remove the same immediately after the first of March next.
If this is the construction to be placed upon the law, then it is only fair to characterize it as a piece of bad faith on the part of the Cherokee Nation toward the stockmen who have fenced ranges on the Strip. By virtue of the laws of their nation, Cherokee citizens had taken those ranges and authorized the parties occupying them to build fences and such other improvements as would make them complete stock ranches within the meaning of those laws. That being the case, the stockmen acted in good faith, with no intention of wronging the Cherokee or assuming rights to which they were not entitled.
And this was fully explained to the Cherokee Senate by Mr. P. N. Blackstone, one of its members, in the discussion on the sweeping confiscation act introduced by Mr. Ross, and which failed to receive the approval of the Principal Chief. Mr. Blackstone, to his honor be it said, stated at that time, that he and other citizens of the Cherokee Nation were alone responsible for the course pursued by the stockmen, and if any punishment was to be meted out to parties for encroaching upon the rights of the nation, he and others, who had taken possession of the lands in question, should suffer and not the innocent stockmen. In this course Mr. Blackstone gave an example of manliness, moral courage, and a sense of honesty and justice deserving of all credit, and which might be advantageously imitated by the Cherokee Nation.
The COMMERCIAL stated when the fencing began, and so believes now, that it would be an injury to the men engaging in it and the stock interests on the Strip, but it has been adopted by many, at a great expense, under what was ample authority, and now they should not be disturbed without just cause.
If they are now compelled to remove the fences, it is only right that some compensation should be made them in return for the expense which they have incurred through no fault on their part. At all events, there should be no such thing as total confiscation or destruction of their property, such as seems to be contemplated in the law of December 9.
Caldwell Commercial, Thursday, January 18, 1883.
Leasing Indian Land: Secretary Teller’s Statements.
WASHINGTON, D. C., January 5. There have been repeated efforts of late on the part of different syndicates to lease large tracts of land in the Indian Territory. Among the applicants is B. H. Campbell, of Aurora, Illinois. Upon applying to Secretary Teller tonight for information, he said that he has not yet considered the application of B. H. Campbell and others for a confirmation of a lease with certain tribes of the Indian Territory, which is for a tract of land thirty miles square. The secretary stated tonight that he is not unfamiliar with the subject, as it was brought before his attention last summer in the form of complaints from the Wichita tribe of Indians that stockmen had come into the Territory and made contracts with the Indians, imposing on their ignorance, and giving them hardly enough consideration to justly warrant the application of the term. The secretary stated that the War Department was called upon at the time to drive these men and their cattle out of the Territory, but was unable to do it. He had no doubt that today there were many of these men who have made contracts with the more ignorant tribes for the lease of large tracts of lands, where the consideration allowed the Indians was a mere trifle. “This,” he stated, “is especially the case along the northern boundary of the Indian Territory, where the dishonest cattle raisers in the southern part of Kansas have imposed on the Indians most shamefully.”
The Secretary explained that he had no authority to lease the land, but that he could only confirm or reject a lease made by the Indians. He stated that Mr. B. H. Campbell presented his case to the department, and he understood it was to lease a tract thirty miles square; this in round numbers would be about one million acres, and the price proposed was two cents per acre per annum, which is the price paid for grazing land in Texas. The Secretary did not know whether or not he would be in favor of issuing such a large tract to one party, and was inclined to think two cents too small a figure. He thought, however, that the gentleman referred to would pay more than two cents per acre. He called attention to the Cherokee reservation, in which there are 6,000,000 acres, which leased at two cents an acre, would amount to a rental of $120,000 per annum. This, the secretary said, was more than could be realized from any other use of the land, as it is not arable except in occasional spots.
Besides the small price offered for the land, the Secretary thought that another objection was the promiscuous crowd allowed to enter the Territory under these contracts, such as cowboys, who, he thought, had a demoralizing effect upon the Indians. This, he said, it was proposed to remedy by selecting one-half of the herders from among the Indians, which, he thought, would be a check, especially in view of the effort now being made to disarm the cowboys.
The Secretary summed up his statement by saying that, if a fair price was offered for the land, and the Indians agree to the contract, he thought that to lease it in tracts of reasonable size, with certain restrictions, would be a benefit to the Indian. He stated that there were several cases of this character before the department. One from Mr. Babbitt, of St. Louis, and one from a Mr. Duncan, of the same place, were the only two names he could recall, though all of the applicants were stockmen of the West. He stated that he would probably take up the cases early next week.
The above is copied from the Kansas City Indicator, not for its intrinsic worth, but to show that all the humorists or fools have not put the wild, rushing Mississippi between themselves and the surges of the Atlantic coast, and for the further purpose of giving our readers an idea of the misinformation which can be put into circulation with the aid of lightning and printer’s ink.
A careful perusal of this artistically constructed dispatch will naturally impress upon the mind of the average citizen of this section that the writer of it, whoever he may be, has attempted—to use a vulgarism of the day—to put it upon the venerable Secretary of the Interior, or that he means to create the impression that the aforesaid venerable is as innocent of all knowledge regarding affairs in the Indian Territory as a high salaried editor of an eastern daily or an intellectually pale student of a theological seminary. Contemplate for a few seconds the idea of Indians, singly or in tribes, leasing any portion of the Territory! And then the inference that the Indian
“Whose untutored mind
Clothes him in front and leaves him bare behind.”
save when he adorns himself with the picturesque “gee string,” is a higher order of mammalia than the white herder employed in the cattle camps of the Territory. Well, it is too rich for anything.
Notice, too, the oracular way in which the Honorable Secretary is made to class the stockmen on the Cherokee Strip as a set of thieves. It must, of course, be highly flattering to such men as Andy Drumm, Ed. Hewins, Tuttle, Milt. Bennett, Ben Miller, Tony Day, Charley Moore, Johnny Blair (the editor of the Post), and even Barbecue Campbell. While we haven’t the least doubt that these men would for a moment hesitate to take in out of the wet anything they might see lying around loose, it seems impossible to believe that they could concoct any scheme whereby the poor Indian would come off second best. At all events, the Indian is ahead, so far.
To sum up, if the Honorable Secretary of the Interior did unburthen himself in the above manner, it must have been all Barbecue could do, with all his gall, to refrain from stuffing his “wipe” into his mouth. It is a safe bet, that so soon as B. Q. could do so, he withdrew and sought the friendly shade of some elegant Washington bar, and there drowned his risibilities in the beverage of the age A rare joker is—B. Q.
Caldwell Commercial, Thursday, January 18, 1883.
An act to prevent monopoly of the Public Domain.
WHEREAS, The Constitution declares that the lands of the Cherokee Nation shall remain common property, and that the National Council shall have power to adopt such laws and regulations as its wisdom may deem expedient and proper to prevent citizens from monopolizing improvements with the view of speculation, and,
WHEREAS, The Inclosure of large bodies of land for whatever purpose is violative of the paramount ownership of the people in the common property of the Nation, and calls for the exercise of the power invested in the National Council to adopt such laws and regulations as it may deem proper to prevent citizens from monopolizing improvements, therefore,
Be it enacted by the National Council, That all inclosures of the lands of the Cherokee Nation by wire, whether barbed or plain—and posts, wood or iron, the said material having been at no time recognized as constituting a lawful fence in the Cherokee Nation, or as constituting any part of an improvement under the constitution, are hereby declared to be unlawful, and where such inclosures exist, the owners or claimants of the wire and posts used in making such inclosures are required to remove the same within ninety days after the passage of this act, or it shall be the duty of the sheriff of the district, wherein such fencing may be found, to remove it, and to sell so much thereof as may be required to cover the costs of such removal, after giving further notice of the time and place of sale in three successive issues of the Cherokee Advocate.
Be it further enacted, That from and after the passage of this act it shall not be lawful for any person to hold, for the purposing of grazing, a greater quantity of land than fifty acres attached to the farm owned or occupied by such person, he being a citizen of the Cherokee Nation.
Be it further enacted, That in case any farm is or shall be inclosed by wire and wood or iron posts, such fence shall be lawful when constructed as follows, to-wit:
Wooden posts not less than seven feet long, six inches in diameter, firmly set in the ground two feet, and not exceeding eight feet apart; one wire four inches from the ground; next, one board, one by six inches, four inches above first wire; next, second wire four inches above first board; next, third wire fifteen inches above second wire; second board one by six or eight inches, eighteen inches above third wire; said wires to be fully stretched and securely fastened to the posts, and the boards to be securely nailed to the posts.
Approved, Dec. 9th, 1882.
[The ninety days for which the above penal act has to be published before it becomes a law, will expire March 27, 1883.]
Caldwell Commercial, Thursday, January 25, 1883.
AGENT TUFTS APPOINTMENT.
Agent Tufts has been appointed by the Secretary of the Interior to investigate the occupation of the Cherokee Strip by cattlemen and the fence question. Mr. Tufts is general agent for the Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles. While we believe he will act impartially in making his investigation, we are at the same time convinced that it would have been better for all concerned if the Secretary had selected someone in no wise connected with either side. No information is given as to when Agent Tufts will enter upon the discharge of his duties, but it is presumed that he will make his report in time for the Secretary of the Interior to lay the whole matter before congress, should such a course be deemed necessary.
Caldwell Commercial, Thursday, February 1, 1883.
West of 96.
Hon. John Q. Tufts, our excellent agent at Muskogee, has very properly been chosen by the Secretary of the Interior as special agent to investigate the rights of the Cherokees and cattlemen in this fencing of the land west of 96. He is the right man in the right place. We are confident he will make an honest and fair report of the matter, and that the rights of the Cherokee Nation in the premises will be protected as far as his report can do so.
There is something in this matter beside the wire fences belonging to Dick, Tom, and Harry, and in suing for their destruction by the hands of the U. S. Government, the rights of the Cherokee Nation are disregarded. The Secretary of the Interior has no more right to order a fence torn down west of 96 by virtue of his right, or of that of the U. S. Government, than he has to tear them down east of 96. The land west of 96 is ours; we own it under patent; we have never alienated it; we have never sold it, but have only agreed to do so when the government wants to settle friendly Indians and is ready to pay for it, and when thus sold and occupied, we yield “possession and jurisdiction,” which we have especially retained in this agreement. (See treaty of 1866, Art. 16.) But if it is not sold or occupied, we do retain possession and jurisdiction, and we make every man but our own citizens pay for grazing there—no man can use it without paying our Nation tax or rent money. Have we the right to demand and collect rent money and yet no right to protect ourselves in using this property? Have we a right to the field and yet no right to protect it from intrusion? Can we rent or use this grazing farm and yet have no right to fence it? This seems to be the Secretary’s idea, as he endorses the communication of the Commissioner of Indian Affairs, from which we quote.
“Neither have the Cherokees, in their national capacity, the right to make settlement and improvement, or to authorize the same, on the lands in question. This right, I understand, the Cherokee authorities do not claim, and that they have not authorized such settlement and improvement.”
The Cherokee National authorities have never disclaimed the right of settlement and improvement there, though they have taken no action authorizing it. They do have, however, unquestionably, the right to settle it and improve it, according to the treaty, but if the government of the United States wants to settle friendly Indians there, the improvements and settlements will have to be vacated so as to make operative the promise made by the Cherokee people in the treaty. Until that time they have the right, and will maintain it. The opinion of the Commissioner of Indian Affairs seems to be guided by the contemptible opinion of Chas. Devens, Esq., while acting as attorney general. We heard some time since a distinguished gentleman, who had occupied the executive chair of a great state, define an attorney general as a man of legal attainments, who was salaried to furnish legal grounds for the course the executive wishes to pursue. Mr. Devens seems to have been such an attorney general, for it is unquestionably expedient that in view of future settlement of friendly Indians on this land, no settlement of a substantial kind should be made by Cherokees. And this was doubtless the executive wish. Mr. Devens makes his legal opinion, which is a poor pretext, uphold this wish. He does as he is paid to do and the world rolls on.
If the government were to want to remove these fences in response to our request, as a Nation, it would be all right, but when the government desires to move the fences of its own motion, we cry stop! If you can destroy fencing of your own motion west of 96, you can do it east of 96! We object to such a precedent.
Some of our dignified citizens who are, under ordinary circumstances, fairly good thinkers, have rather rejoiced at the recent action of the secretary; quite overlooking, in their eagerness to destroy these leases, the dangerous precedent. There is a principle in this business; let us bring it to light and stand by it. If we want to destroy these fences, let us do it as a government as our right, but do not let us call on the United States to do it as their right, lest when the precedent is established, the government think it well to lay down our eastern fences and have them run north and south, and east and west on section lines.
The above is from the Indian Chieftain, published at Vinita, C. N. The position taken by the Chieftain is the same advocated by the COMMERCIAL for the past three years, viz: that the Cherokees had the sole control of the Strip, and that neither congress nor the interior department had the right to dictate how the Cherokees should manage it, or what use they should make of it.
Caldwell Commercial, Thursday, February 1, 1883.
Hon. John Q. Tufts, by advice of the 15th inst., has been directed to report substantially on the following points on the lands west of 96:
1st. How much fencing has been done on the lands in question?
2nd. To whom do the fences belong?
3rd. Name of each individual company or organization, claiming to own such fences and the quantity claimed by each.
4th. How long since fencing was commenced?
5th. What effect has such fencing had upon legitimate trade and travel, and also upon mail routes?
6th. What effect upon preservation or destruction of timber on said lands?
The agent was directed to suspend all further operations under office letter of the 30th ult., until a full report as called for above is made and action has thereon been taken by the Indian department and communicated to him. Vinita Chieftain.
Caldwell Commercial, Thursday, February 1, 1883.
SPECIAL STOCKMEN’S MEETING.
Official Report of Proceedings.
A special meeting of the Cherokee Strip Stock Association was held in Caldwell, Kansas, January 27, 1883.
The meeting was called to order by W. E. Campbell, vice-president of the association; John A. Blair, Secretary.
The object of the meeting was stated by the chair and letters were read by Mr. Walton from E. M. Hewins concerning matters pertaining to the vital interests of the association.
On motion a committee of five was appointed by the chair to draft resolutions. Messrs. M. H. Bennett, A. McClain, S. Tuttle, Marion Blair, and O. Ewell were appointed as such committee.
On motion, a committee of five was appointed on reception of Major John Q. Tufts upon his arrival in this city, February 7th, 1883. E. M. Hewins, I. S. Ballinger, S. Tuttle, J. W. Hamilton, and M. H. Bennett were appointed as such committee. On motion the committee was increased to eight and A. McClain, Ben S. Miller, and A. M. Colson were appointed as such additional committeemen.
The following resolution was adopted.
Resolved, That a committee of five be appointed to make a draft of the Cherokee Strip, showing the quarantine grounds, trails, fencing, etc., and report the same to the annual meeting of the Association on March 6th, 1883, together with such recommendations as they may deem best for the interests of the association.
Messrs. A. M. Colson, M. H. Bennett, J. A. Blair, H. Hodgson, and S. Tuttle were appointed as such committee.
The committee on resolutions submitted, through its chairman, the following report, which was adopted.
WHEREAS, It is to the interest of every person, company, or corporation grazing cattle on the Cherokee Strip, that that scope of country known as the quarantine grounds be left open for the use of Texas cattle drovers and local shippers, and that the trails across said Cherokee Strip used by Texas cattle drovers and local ranchmen be left open and free from all barriers of any kind. Therefore, be it
Resolved, That it is the sense of this meeting that all the trails across the Cherokee Strip, leading to all shipping points in Kansas and the northwest be left open and free from all barrier, such as wire fences, board fences, or any kind of fences whatever.
Resolved, That we, as an association and as individuals, deprecate and discountenance the actions of any person, company, or corporation in building any wire fences or other barriers upon the ground set apart as quarantine grounds for through Texas cattle or for shipment of Territory cattle, and that we will use our individual efforts to discourage any further occupancy of the said grounds for ranch purposes by local stockmen.
Resolved, That this association recognizes the rights of the Cherokee Nation in collecting a grazing tax upon cattle grazed on Cherokee lands in the Indian Territory, and that under the permits issued by the Cherokee Nation is our only legal right in said Cherokee country.
Resolved, That it is the earnest wish of this association that the title and control of the said Cherokee Strip be definitely settled and the unquestionable legal control of it be determined that we may be the better enabled to conform to all the laws governing it.
Resolved, That this association fully endorses the action of the official meeting of the association held at Topeka, Kansas, on January 8, 1883, and that we re-affirm the resolutions there adopted as the sense of this meeting.
Resolved, That the thanks of this association are due and are hereby tendered Hon. E. M. Hewins and Major A. Drumm, for the able and efficient manner in which they represented our interests before the Secretary of the Interior, and that we full endorse their actions and statements in the matter; and that the association is entirely satisfied with the action of the Secretary of the Interior Department in appointing a special agent to investigate fencing matters on the Cherokee lands, and will give said agent all the assistance in our power to arrive at an equitable conclusion in the matter. M. H. BENNETT, Chairman.
There being no further business before the meeting, a motion to adjourn prevailed.
W. E. CAMPBELL, President.
J. A. BLAIR, Secretary.
Arkansas City Traveler, February 14, 1883.
Major Gore, [?] one of our stockmen, returned to the city last week.
Caldwell Commercial, Thursday, February 15, 1883.
Cherokee Interests West of 96.
[From the Vinita Chieftain.]
The editor of the Chieftain has said well and truly that “some of our dignified citizens who are under ordinary circumstances, fairly good thinkers, have rather rejoiced at the recent action of the Secretary, quite overlooking in their eagerness to destroy these fences, the dangerous precedent. There is a principle in this business, let us bring it to light and stand by it.” The principle in this business is that some of our people cannot tolerate individual enterprise even should it save them half of their territory; while they look on in silence and indifference at the violation of their treaty on the part of U. S. Government in appointing a commission of its own (in which the Nation has no representation) to put a price on their land of not one third of its value, while the Nation as a party in interest had the right to aid in fixing the price.
Another consideration is, the Cherokee Nation can protect its interests better, where its citizens have actual possession, than when the country and land are in the possession of persons that have no legal control over it.
The necessity of fencing and owning the range is becoming more and more apparent, and should be acted upon boldly by men advanced in their ideas, yet no further advanced than the times.
Propositions will be made to the Cherokee Nation, by Texas and New Mexico, to combine in raising cattle, then the goose that lays the golden egg will be found. Let Kansas and Arkansas stop their depredations and encourage the Cherokees in locating ranches where their best grain producing countries are, and where improved farms in their states on the Territorial line can be bought from $10 to $15 per acre. Encourage the fencing of all the desirable places in the Indian Territory; especially where grass, water, and shade trees can be found. Yes, encourage the breeding of cattle in Texas and New Mexico. In the spring those men on the southern ranches start for the northern ranches located in the Indian Territory. Prepare your millet, stock fields, and corn for feeding next winter. Stockmen have found out one thing, that it pays better to feed than to starve. It is better to unite our efforts, so the interests of all concerned will be served. S. S. S.
The above article of Mr. S. S. Stephens presents a new idea to us, to wit: “That the U. S. Government expected Cherokees would settle” west of 96. We think, however, the writer is in error in his view, because the treaty provides that the land taken for the settlement of friendly Indians should be taken in a “compact form.” This condition precludes the idea of permanent settlement and in fact when the Osages were settled west of 96, the Cherokee government endorsed this interpretation by moving her citizens and paying them damages. Permanent settlements do not seem to have been contemplated in the treaty, and the Nation by her subsequent actions seems to have thought permanent settlement inconsistent with the rights of the U. S. Government.
The statement that the government of the United States abrogated the 16th article of our treaty in 1878, is erroneous. This act referred to, doubtless, is that providing that no more Indians shall be settled west of 96, without an act of congress authorizing it. It was simply an act limiting the power of the Interior Department.
Caldwell Commercial, Thursday, February 15, 1883.
The Fence Question.
Major John Q. Tufts, special agent of the Interior Department to investigate the fencing business on the Cherokee Strip, arrived on Thursday of last week, remaining here as the guest of C. F. Summer until Sunday, when he started for the range to make a personal examination of fenced pastures, and gather such other information as would enable him to make a full report of the situation to the Department at Washington. It is expected that he will return in time to take the train today for Arkansas City and the range immediately south of that place, after which he will make out his report at as early a date as possible.
During his stay here, Major Tufts was called upon by many of our citizens, who were pleased to make his acquaintance, and speak of him as a most affable gentleman, and one who will do his whole duty regardless of consequences. Owing to unfavorable circumstance, we failed to meet the Major, but from what we have learned of his character through those who have known him for years, we feel satisfied that in his mission he brings with him no preconceived notions, and will be actuated solely by a desire to deal justly with all parties concerned.
Caldwell Commercial, Thursday, February 15, 1883.
The rumor was current a couple of weeks back, that Hon. D. W. Bushyhead, Principal Chief of the Cherokee Nation, would make Caldwell a visit about this time. So far, he has failed to put in an appearance, greatly to the disappointment of a large number of our people, who, though having no personal acquaintance with him, yet cherish a high regard for his character as a man and a servant of the people. Through the Cherokee papers and the published proceedings of the Cherokee council, we have watched Chief Bushyhead’s career during the past four years. In all that time he has shown himself a wise and conservative ruler, and while tenaciously holding out for all that is due his people, at the same time he keeps in view, the fact that the boundaries of the United States are not circumscribed by the section lines of the Cherokee Nation. In other words, he seems to believe that the Cherokees are a part and parcel of this country, and while caring for themselves, should at the same time contribute their share to the general advancement of the country. The Cherokees, during the past ten years, have proved themselves fully competent to exercise the functions of self-government, but better than all under the wise leadership of such men as Chief Bushyhead, they are gradually shaking off that spirit of selfish egotism and clannishness which has made them regard the outside world as enemies, and retarded them in the development of those qualities of liberality and justice which alone make any people great.
But we have wandered from the subject. What we really started out to say was that we trust Chief Bushyhead may find it convenient to pay Caldwell a visit in the near future, and we offer the suggestion, that he be invited to meet with us in March while the stockmen of the Cherokee Strip Association are in session. Who will second the motion?
[WIRE FENCE STOPPED: ROBERTS & WINDSOR.]
Arkansas City Traveler, Wednesday, February 21, 1883.
Wire Fence Again. Senator Roberts, of Pennsylvania, accompanied by Mr. Windsor, arrived at this place Tuesday of last week, and remained several days looking up their interests in the stock speculation they are about to engage in, in the Territory south of this place. It was the intention of these gentlemen to fence in all that country west of the Arkansas River, and north of the Ponca Reserve, as far west as the Shakaska River; but another Cherokee, Mr. Mills, laid claim to the range as far east as Bitter Creek, and that portion of it was abandoned. The original intention as suggested by Mr. Gore, superintendent of the company, was to run the fence on the divide between Deer Creek and Chilocco, leaving a strip about four miles wide on the State Line. After losing the Shakaska country, he was overruled in this and the posts were set about one mile below the line, cutting off the ranges of Mr. Chambers, Mr. Hill, Scott & Topliff, Mr. Fox, and Mr. Parvin along the State Line, who had paid the Cherokee tax, besides a number who hadn’t paid, and several in the Territory who had paid. This wanton overriding of the rights of these gentlemen naturally produced trouble and the Secretary of the Interior interfered and stopped it.
Mr. Roberts then came out to see what had been done, and returned with the conviction that the people had not been treated fairly, and with the determination that they should be, and the result is that the rights of all those who have paid the tax will be respected. C. M. Scott’s range will be left entirely out, as well as all of his neighbors, and the fence placed west of the Ponca road and south of Chilocco Creek.
There is a disposition with some to crush out the company entirely, which is wrong. These gentlemen have the same right to the unoccupied range as anyone when they have paid the tax imposed by the Cherokees, and as long as they hold themselves within the bounds of right, without infringing on others, we would rather have them there than not have them. That the Cherokees have a right to impose a tax is recognized by the Department of the Interior, and having that right, it is clearly a matter for them to decide the terms and the parties to whom the grazing permit is granted. Those having paid the Cherokee tax are protected, and we cannot well see what more could in justice be demanded.
Arkansas City Traveler, February 21, 1883.
We received a pleasant call from Mr. Roberts, of Titusville, and Colonel Windsor, last Wednesday. These gentlemen are the parties who are fencing in the range south of town about which so much excitement has prevailed. From the way they expressed themselves, it is intended to do nothing that will in any way clash with the rights and privileges of any of our people. This being the case, we can gladly wish them success.
Arkansas City Traveler, February 21, 1883.
A large majority of the stockmen holding cattle southeast of Hunnewell and south of Arkansas City will be in attendance at our annual stock meeting, with the determination of becoming members of the Association and abiding by the rules of the same. One strong organization on the Strip can be of more benefit to the stock interests than half a dozen weak ones. “In unity there is strength,” or words to that effect. Post.
Arkansas City Traveler, February 28, 1883.
Pursuant to call a number of stockmen met at the office of C. M. Scott, in Arkansas City, Kansas, and organized by calling Mr. John H. Tomlin, of Winfield, to the chair and C. M. Scott, Secretary.
The following gentlemen were present: W. J. Hodges, John Myrtle, John Love, J. M. Love, Weathers, Tipton, Chinn, Wicks, D. Warren, Hugh McGinn, J. H. Saunders, Moorehouse, Dr. Carlisle, and others.
On motion a committee of three was appointed to settle all claims of stockmen with the parties proposing to fence, or any other whose interests might conflict.
Committee: W. J. Hodges, Chairman; Drury Warren, and C. M. Scott.
Mr. Weathers thought the Oil Company had no right in the Territory, and did not believe in adjusting matters with them. Thought they should not be recognized in the meeting at all.
Mr. Hodges thought if they paid the tax and complied with the law, they had as much right as anyone to the unoccupied range, and that we should not expect the range to lay idle, and that it would not, and anyone claiming it and paying for it would be protected, whether they were of Kansas, Pennsylvania, or England.
Mr. Chinn said if a man paid, he had no protection against Texas cattle, to which Mr. Hodges replied; only through the Stock Association.
Mr. Warren didn’t see any harm in the Oil Company occupying the range as long as they interfered with the rights of no one legally there.
Mr. Love is on the west side of the range they propose to fence. He hasn’t paid his tax. When he stopped there, he did not expect to remain long—was going farther west, but finally concluded to remain. He then rendered payment to the Treasurer of the Cherokee Nation, and his offer was refused, although he was first on the ground, and had conflicted with no one; and after they had refused, the grant and privilege was given to Mr. Gore. He did not believe in discriminating in favor of a monopoly, and that too, when they were not on the ground, and have not yet a hoof of stock on the range. He said there was no fairness in it, and that the Oil Company were only acting fair since they could do no better. That they had tried to shut out all alike and would have done it if they could, and he appealed to the stockmen to stand by him as he had stood by them.
Mr. Hodges thought Mr. Love’s case one of merit, and that his right would not be ignored.
On motion the meeting elected Mr. Tomlin, Mr. Love, and C. M. Scott a committee of three to forward the grievance to Major John Q. Tufts at Muskogee, Indian Territory.
On motion Drury Warren, Mr. Wicks, and Mr. Weathers were appointed a committee of three to attend the meeting of the Cherokee Strip Stock Association, to be held at Caldwell March 6, 1883.
The following resolutions were introduced and passed.
Resolved, That it is the sense and desire of this meeting that no quarantine ground be established east of Bitter Creek.
Resolved, That no through Texas cattle be permitted to be driven along the State Line east of Bitter Creek, or within four miles of the line during the summer months and that we will use our best endeavors to prevent such doing.
Resolved, That each and everyone of us become a member of the Cherokee Strip Association, and that we stand by one another in the protection of our rights.
On motion the meeting adjourned.
Caldwell Commercial, Thursday, March 1, 1883.
CATTLE MEN IN THE TERRITORY.
The following, which we clip from the Globe-Democrat, will be of interest to stockmen in the Territory. The land which Mr. Campbell wants to lease, does not belong to the Cherokees, and even if it did, the Secretary of the Interior has no more authority to lease it than he has to lease a farm belonging to any man in the United States. As to preventing the Cherokees from deriving a revenue from their lands in any way they may see proper, except by selling it to other parties than the government, it is hard to understand whence the Secretary derives any authority to interfere. One thing is plain, however, to the people in this section, and that is, if the Cherokees have no right to the control of their lands, known as the Strip or outlet, and can be prevented from allowing cattlemen to occupy them, it will be understood that the lands belong to the United States, and they will be settled upon before the Honorable Secretary can bat an eye. So long as the lands in question can be used for stock, there will be little objection to them remaining in their present status, but drive out the cattlemen and the farmers will at once take possession of them. Perhaps it would be well for some of our leading stockmen to impress this idea upon the Secretary’s mind.
“WASHINGTON, Feb. 21. Mr. Campbell, of Illinois, a prominent cattleman in the Indian Territory, has been here several days, trying to lease a tract thirty miles square, in the Indian Territory. He offered $50,000 immediately for fifteen years. The Secretary of the Interior refused to grant the lease. Mr. Campbell is in receipt of a letter, which says a Western Congressman and a number of friends are trying to lease the same tract and additional land, offering a greater rental. Unless the Secretary changes his opinion, the lease will not be granted. The Cherokees are anxious to have the land leased. The question has been raised whether or not the Indians have a right to let their lands to white men, and it is said a division will be made in the Interior Department which will prevent them. Now the leases are made, and ratified, by the Secretary, if he feels so disposed.”
Caldwell Commercial, Thursday, March 8, 1883.
Muskogee Journal: Col. Tufts has received a complete map of the Cherokee Strip, showing the location and size of all the pastures on the Strip. There are about 20 pastures in all, aggregating 700 miles of fence. The largest pasture is 20 miles square.
Caldwell Commercial, Thursday, March 8, 1883.
THIRD ANNUAL ROUND-UP
CHEROKEE STRIP STOCKMEN.
NEW ORGANIZATION MADE.
No Show for Monopolists.
The third annual meeting of the Cherokee Strip Stockmen’s Association met in the Opera House on Tuesday, March 6, 1883, at 11 a.m., and was called to order by the president, Ben S. Miller, who made the following remarks.
It becomes my painful duty to call this Association to order again. Painful, because it will be a rehash of what we have done, the past year, some of which has come to light, and some of which may never show up. On looking to my right, I miss the face of one who, in life, was one of the best supporters the chair had, and whose council and suggestions were always so timely. I refer with sorrow to our friend and brother, A. H. Johnson, who was stricken down in the prime of life last summer, without a moment’s warning, by the Power that controls the elements. He has gone to a place where “scattering,” “gatherings,” and “round-ups” are no more. Whether to a range that is fenced or open, we know not; but we do know that if it is fenced, no Congress, Secretary of the Interior, or Indian Commission can tear it down at their pleasure.
The roll was called and the following officers reported.
Ben S. Miller, president.
John A. Blair, secretary.
M. H. Bennett, treasurer.
The reading of the minutes of the previous meetings was on motion dispensed with.
M. H. Bennett, treasurer of the Association, presented his report, showing the receipts to be $3,645.16; expenditures, $1,537.12, leaving a balance in the treasury of $2,108.04. Report accepted.
On motion, Messrs. W. E. Bridge, T. F. Pryor, P. Carnagie, J. W. Carter, and Cid. Eldridge were appointed as committee on membership.
On motion, Messrs. Hodson, Eldridge, Drumm, Hewins, and Tuttle were appointed a committee on permanent organization.
On motion the president appointed W. S. Snow, James Hamilton, and Ed. Hewins a committee on constitution and by-laws.
Mr. Hewins moved that the president appoint a sergeant at arms, whose duty it shall be to see that bonafide members of the Association are seated together and apart from spectators. Carried.
The Association then adjourned to meet at 2 p.m.
On re-assembling at 2 p.m., the committee on credentials reported the following list of new members, which report was accepted.
D. R. Streeter, Northrup & Stephens, C. W. Blaine, F. M. Stewart, R. B. Clark, R. H. Campbell, W. J. Hodges, G. A. Thompson, S. A. Garth, W. H. Harrelston, W. M. Dunn, G. B. Mote, Crutchfield & Carpenter, Walworth, Walton & Rhodes, W. B. Lee, W. W. Wicks, J. A. Emmerson, John Myrtle, J. H. Hill, A. J. Snider, A. G. Evans, R. W. Phillips, E. W. Payne, Tomlin & Webb, H. W. Roberts, E. P. Fouts, W. W. Stephens, A. Mills, C. M. Scott, H. P. Standley, Lafe Merritt, J. N. Florer, D. W. Roberts, C. H. Dye, M. W. Brand, Drury Warren, W. P. Herring, S. T. Tuttle, E. W. Rannols, N. J. Thompson, W. H. Dunn, E. A. Hereford, J. Love, Johnsons & Hosmer, S. T. Mayor, D. A. Streeter, M. H. Snyder, S. P. Burress, C. C. Clark, J. C. Weathers, G. V. Collins, and H. H. Campbell.
The committee on permanent organization reported the following officers.
President, Ben S. Miller.
Secretary, John A. Blair.
Assistant Secretary, Tell W. Walton.
Treasurer, M. H. Bennett.
Mr. Hamilton from committee on constitution and by-laws, asked for further time. Granted.
The committee on membership reported names received as temporary members until the constitution and by-laws were adopted. Report accepted.
On motion of Mr. Cooper, the report of committee on permanent organization was adopted. Whereupon Mr. Ben S. Miller thanked the convention for their united confidence in him as a presiding officer, and without any flourish, announced that the next order of business would be the appointment of a sergeant-at-arms, and therefore appointed Marion Blair.
On motion, the Association resolved itself into a committee of the whole, and on motion of Major Drumm, the following committee on round-ups was appointed.
A. Drumm, W. E. Campbell, Marion Blair, H. W. Timberlake, Syl. Fitch, J. W. Carter, Tony Day, M. K. Krider, Oliver Ewell, Pat Carnegie, and E. W. Payne.
On motion, W. B. Hutchison, Caldwell COMMERCIAL; H. P. Standley, Arkansas City Traveler; T. A. McNeal, Cresset; E. W. Payne, Index, Medicine Lodge; H. A. Heath, Kansas Farmer, Topeka; J. J. Jewett, Kansas City Indicator; H. H. Heath, Kansas City Price Current; R. L. Owen, Indian Chieftain, Vinita, Indian Territory; Lafe Merritt, Transporter, Cheyenne, Indian Territory; J. C. Richards, Press; C. T. Hickman, Democrat, Wellington; were elected assistant secretaries of the convention.
Report of H. R. Johnson, inspector at Kansas City, was read and accepted. The report sets forth that Mr. Johnson has caught 207 cattle wrongfully shipped, valued at $75.00. [Wonder if they meant $75.00 each???]
A vote of thanks was tendered Mr. Johnson, and various other inspectors, for their efficient work on behalf of the Association.
On motion the following gentlemen were appointed as a committee on programme for tomorrow’s work: Ben. Miller, Carnegie, Bridge, Hodgson, Hamilton, and John Blair.
Messrs. John Reese and John Volz were instructed to furnish the Association with an exhibit of expenses incurred in pursuing cattle thieves.
A telegram dated Kansas City, March 6, to W. B. Hutchison, from Agent Miles, was read as follows: “Agent Tufts recommends that fences be permitted to remain and others with the consent of the Cherokees.”
The convention adjourned until ten o’clock Wednesday morning.
Convention called to order at 11 a.m., on Wednesday morning by President Miller.
Mr. Hamilton, chairman from committee on constitution and by-laws reported progress.
The following report of committee on round-ups was presented by its chairman and on motion of Mr. Hodgson was adopted.
We, the assigned committee on round-ups, appointed by the Convention of the Cherokee Strip Stock Association, held in Caldwell on March 6th, 1883, herewith submit the following report.
Division No. 1. To be composed of what is known as Red Rock and Salt Fork country, including the territory of, and then to the south line of Kansas, and thence west, including all tributaries of the Salt Fork, in the west line of the Comanche County Pool. Said division to meet at the Red Rock crossing of the Arkansas City road, and Thomas Wilson to be appointed as Captain of said division.
Division No. 2. To be composed of the country lying south of division No. 1, and extend as far south as the division between the Cimarron and the North Fork of the Canadian, and to commence work at McClellen’s pasture, and, if necessary, to work on the North Fork, east of the crossing of the Chisholm trail, and work west as far as the west line of the Comanche County Pool. This division to meet where the Arkansas City wagon road crosses the Skeleton Creek, and Howard Capper to be appointed captain of said division.
Division No. 3. To be composed of the country lying south of division No. 2, and as far south as the Washita River; and to extend as far west as A. J. Day’s range. Said division to meet at the Chisholm trail crossing of the North Fork of the Canadian, and H. W. Timberlake to be appointed captain.
We also recommend that the captains of the several divisions be empowered to discharge all parties not doing their duty or refusing to obey orders, and that the said captains be authorized to employ other men to fill vacancies, at the expense of the parties who were represented by the parties discharged.
We also recommend that Marion Blair, A. J. Day, W. E. Campbell, J. W. Carter, H. W. Timberlake, and J. W. Hamilton be appointed as a committee to confer with the round-up committee appointed by the stock meeting to be held at Medicine Lodge on the 28th and 29th of the present month, and that the joint communities then decide upon a date for the beginning of the spring round-up, together with such other recommendations as they may desire to proffer; and that the report be published in the Caldwell, Anthony, and Medicine Lodge papers. A. DRUMM, Chairman.
The President read a communication from W. W. Cook, chairman of the Barbour County Stockmen’s Association, inviting the stockmen of the Cherokee Strip, and all others, to attend their meeting to be held at Medicine Lodge, March 28 and 29, 1883.
The committee on credentials reported several new names for membership, which report was received and the members admitted.
Mr. H. S. Lane, inspector at St. Louis, reported 105 head picked up, which sold at an average of $75 per head.
The bill of Stoller & Reese, amounting to $213.00, and of John Volz for $216.00, for expenses in recovering stolen stock and prosecuting thieves, were referred to committee on finance.
The questions of continuing the reward offered by the inspection committee for the conviction of stock thieves was discussed by Messrs. Buzard, Snow, Heran, McDowell, and others—the general feeling being that the reward ought to be increased.
Mr. Hodges asked leave to file paper for consideration of the convention at the proper time concerning Oil Company troubles. Paper was read and discussed.
Mr. Gore, representing the Company, supposed to be the Pennsylvania Oil Company, stated that it was not a part of said company, but was a private enterprise, and that they were willing to agree to anything reasonable concerning the ranges.
Mr. Hewins thought the paper should go to the committee on arbitration.
The following resolution was read and adopted.
Resolved, That as the Kansas Legislature has adopted a railroad bill providing for commissioners, the stockmen of Southwestern Kansas request that in the appointment of said commissioners, the stock interests of the State shall be taken into consideration; we, therefore, request that Hon. A. B. Mayhew, of Sumner County, be appointed as a member of said commission.
The convention was called to order at 11 o’clock a.m.
James W. Hamilton from the committee on organization, reported that articles of incorporation had been adopted and filed with the secretary of state as the Cherokee Live Stock Association, that the board of directors for the first year were Ben S. Miller, A. Drumm, John A. Blair, S. Tuttle of Caldwell; W. Payne of Medicine Lodge; and Charles H. Eldred, of Carrolton, Illinois; and others. The committee also reported a code of by-laws.
The report was read at length, and after a warm discussion, adopted; and the convention adjourned until three o’clock p.m.
At the three o’clock session seventy-three stock men came forward and paid their membership fee of $10, after which a meeting of the board of directors was called, the names passed upon, and then adjourned until Friday morning.
Just at this point, we desire to say that the new organization is a move in the right direction. Through it, the rights of the smallest stockman in the Territory will be as fully protected as those of the powerful combinations. In fact, it makes of all parties one complete organization, wherein the weak will have a show for the capital they may have invested.
Caldwell Commercial, Thursday, March 15, 1883.
CHARTER OF THE CHEROKEE STRIP LIVE STOCK ASSOCIATION.
We, the undersigned persons of competent age, do hereby associate ourselves together for the purpose of forming a private corporation under and by virtue of the laws of the State of Kansas, the purpose of which is and shall be “the improvement of the breed of domestic animals,” by the importation, grazing, breeding, sale, barter, and exchange thereof.
The name of such corporation shall be “The Cherokee Strip Live Stock Association.”
SECOND. The purpose for which the corporation is formed is the improvement of the breed of domestic animals by the importation, grazing, breeding, sale, barter, and exchange thereof.
THREE. The principal office and place of business of the corporation shall be at the city of Caldwell, in Sumner County, Kansas, but its place or places of and for holding, breeding, grazing, selling, bartering, and exchanging the domestic animals for the improvement of the breed of which the corporation is as aforesaid organized shall be wherever the same can be in the opinion of the directors or such other body of the stockholders or members of such corporation as may be authorized to act for the corporation most advantageously located.
FOURTH. The terms for which the corporation is to exist shall be for forty years.
FIFTH. The number of the directors of the corporation shall be nine, and the following named stockholders are appointed directors for the first year, viz:
E. M. Hewins, whose residence is Cedarvale, Kansas.
J. W. Hamilton, whose residence is Wellington, Kansas.
A. J. Day, whose residence is Caldwell, Kansas.
S. Tuttle, whose residence is Caldwell, Kansas.
M. H. Bennett, whose residence is Caldwell, Kansas.
Andrew Drumm, whose residence is Caldwell, Kansas.
Ben S. Miller, whose residence is Caldwell, Kansas.
E. W. Payne, whose residence is Medicine Lodge, Kansas.
Chas. H. Eldred, whose residence is Carrollton, Illinois.
Which said charter was on said date duly transmitted, postage pre-paid to the Honorable Secretary of State at Topeka, Kansas, and on said date the by-laws for the regulation of the business of said corporation were by your said committee formulated, and that thereafter to-wit: On the 8th day of March, 1883, the board of directors of said corporation, met in pursuance of the provisions of said charter and in conformity of law elected Ben S. Miller, one of said board of directors, president of said corporation, and at the same time appointed John A. Blair as secretary and M. H. Bennett as treasurer thereof, and duly ratified and accepted the by-laws herein before referred to, wherefore we respectfully suggest that our action in and about the matter aforesaid, be approved and accepted as the fulfillment of the duties by you imposed upon us as your committee for the purposes aforesaid, and that we be now discharged from further duty.
BY-LAWS OF THE CHEROKEE STRIP LIVE STOCK ASSOCIATION.
SECTION 1. The name and style of the corporation shall be “The Cherokee Strip Live Stock Association.”
SECTION 2. The object of the Association is to provide for and promote the improvement of the breed of domestic animals by all lawful means, such as providing for the purchase, importation, barter, sale, and exchange thereof, at such place or places, within or without the territorial limits of this State, as shall be or seem to be, most conducive to the advancement of the interests of the Association; in pursuance of the purpose and object of which the same has been and is as aforesaid organized inclusive of the right by which and on behalf, of said Association to purchase any and all of whatsoever kind of domestic animals it, the said Association, may see fit or desire to purchase, or in any lawful manner acquire, together with the right to purchase or lease any or all parcels or tracts of land, where-soever situated, as may be necessary for the holding, keeping, grazing, breeding, handling, selling, bartering, or in any lawful manner whatsoever exchanging any or all of any or all kinds of domestic animals so as aforesaid purchased, imported, handled, bred, grazed, obtained by barter or exchange by or on behalf of said Association.
All persons, corporations, or companies who now occupy undisputed range in the Cherokee Strip, and who agree to pay the assessments to which may be hereinafter levied upon them by authority of persons empowered by the Association to make levies for any and all purposes, may be eligible to membership in this Association upon the payment of the membership fees, as hereinafter provided.
All corporations, stock associations, or companies becoming members of this Association, shall do so in the name of the corporation, stock association, or company by which they are known, and in all elections or business which is to or may be decided by votes of members of this Association, such member or representative of any and all other corporations, stock associations, or companies being members of this Association shall be entitled to one vote, and no more.
Any party holding an undisputed and prescribed range, whether of one person, a company, corporation, or pool, shall be entitled to one membership; that is to say, if one person holds a certain prescribed range alone, he shall be entitled to one membership, and the same rule as to corporations and companies if, for convenience, two or more individuals hold each a prescribed range, and hold such range in common, each of such ranges shall be entitled to one membership, and each membership shall be entitled to one vote. Any person possessing the qualifications hereinbefore mentioned, and desiring to become a member of this Association, shall first pay to the treasurer the sum of ten dollars ($10), and take said treasurer’s receipt therefor, and upon presentation of said receipt to the secretary of this Association, and subscribing to the by-laws, shall be entitled to a certificate of membership, which said certificate shall thereupon be issued in the name of this Association; provided that persons owning ranges or holding cattle contiguous to the range occupied by the members of this Association in the Indian Territory, may be elected honorary members of this Association upon the recommendation of the board of directors.
All transfer of ranges by purchase or otherwise shall be recorded by the Secretary of this Association in a book to be by him kept for that purpose.
All members of this Association are required within thirty days from their admission to membership to furnish to the secretary a plain and accurate description of the “marks and brands” of all domestic animals owned or held by such member; which said description of said marks and brands shall be plainly and fully recorded by said secretary in a book to be by him kept for such purpose.
BOARD OF ARBITRATION.
A board of arbitration shall be appointed, to consist of three members of the Association, such board to be appointed by the directors and to hold their office during the pleasure of said board of directors, who shall have power to settle all questions in dispute between members of this Association, and from the decision of such board of arbitration either party in interest may appeal to the board of directors by giving, upon the rendition of said decision, immediate notice of his intention to so appeal, and by entering into and undertaking to the opposite party in such sum as said board of arbitrators shall deem sufficient credentials for the payment of all costs and expenses necessarily incurred by reason of such appeal. In the event of the decision of said arbitrators being affirmed by said board of directors, thereupon the chairman of said board of arbitrators shall immediately notify the board of directors of the pendency of such appeal and state the time and place when and where said board of directors shall meet to hear and determine the same; which time shall not be less than ten nor more than sixty days from the time of taking such appeal, and the time and place of sitting of said board of directors to hear said matter shall be at such point as said board of arbitrators may direct; provided, always, that in no event except by consent of parties shall the place of the sitting of said board of directors for such purpose be other than at the city of Caldwell, in Sumner County, Kansas, or at some well-known and convenient ranch upon the grazing lands of the Association; and the chairman of the board of arbitrators upon the giving an acceptance of the appeal bond hereinbefore provided for, immediately notify the parties in interest of the time when, and the place where, the board of directors shall be called to meet to hear and determine and appeal; and the decision of said board of directors shall be final.
The following are the names of members of the Association so far as we have been able to obtain them.
Blair, Battin & Cooper, E. W. Payne, for Comanche County Pool, T. F. Pryor & Co., S. T. Tuttle, S & Z Tuttle, R. B. Clark, W. H. Harrelston, H. Hodgson & Co., John Myrtle, McClellen Cattle Company, Johnstone & Horsmer [Johnsons & Hosmer], G. A. Thompson, C. M. Crocker, Robert Eatock, Wm. Corzine, M. J. Lane, Hammers Clark & Co., McGredy & Harlen, Walworth, Walton & Rhodes, D. P. Robinson & Northrup, Windsor Bros., H. A. Todd, Wicks, Corbin & Streeter, W. B. Helm, N. J. Thompson, Bates & Payne, E. W. Rannells, S. P. Burress, W. W. Wicks, Dean & Broderick, Shattuck Bros. & Co., H. H. Campbell, Briggs & Wilson, John Love & Son, J. C. Weathers & Sons, Ewell & Justis, A. M. Colson, W. S. & T. Snow, Dominion Cattle Company, Theo Horsley & Co., Southern Kansas Border Live Stock Company, J. W. Hamilton, manager, G. W. Miller (W. M. Vanhook in charge), B. H. Campbell, Drury Warren, L. Musgrove, A. A. Wiley, Tomlin & Webb, Geo. V. Collins, J. F. Conner & Co., Cobb & Hutton, A. J. & C. P. Day, Moore & Rohrer, Carnegie & Fraser, M. K. Krider, Texas Land and Cattle Company (limited), W. C. Quinlon, Ben Garland, Ballenger & Schlupp, A. T. & T. P. Wilson, A. Mills, H. W. Timberlake & Hall, Stewart & Hodges, Drumm & Snider, Williamson Blair & Co., Charles Collins, Ben S. Miller, Gregory, Eldred & Co., W. R. Terwilliger, M. H. Bennett, Barfoot & Santer, Hewins & Titus, Sylvester Flitch, D. A. Greever, Stoller & Rees, Crane & Larimer, Dickey Bros., McClain & Foss, E. M. Ford & Co., Dornblazer & Dole, J. C. Pryor & Co.
HONORARY MEMBERS: W. E. Campbell, L. C. Bidwell.
It appears that “Pink Fouts” of Willow Springs was hired by Windsor & Roberts to become manager of their cattle interests. Hard to tell what happened to Major Gore. However, he was in Arkansas City shortly after Fouts took over...
Arkansas City Traveler, March 21, 1883.
Messrs. Hays & Fouts have sold the Willow Springs ranch to Roberts & Co. The latter will run the stage station at the Spring, and in addition build a bridge across the stream at that point for the accommodation of travel. Willow Springs is out of our bailiwick, being directly south of Arkansas City. Still, we are glad of the change, because it will make travel more convenient in the eastern portion of the Strip. Caldwell Commercial.
Arkansas City Traveler, May 23, 1883.
Among the arrivals at the Leland Hotel, now under the management of Mr. A. W. Patterson, we find the following.
Jonathan Gore, Cherokee Nation.
J. H. Windsor, Titusville, Pennsylvania.
Arkansas City Traveler, May 30, 1883.
We call attention to the brands of the Willow Springs horse, sheep, and cattle ranch, which appear this week.
Ad. WILLOW SPRINGS STOCK RANCH. Sheep, Horses & Cattle, PINK FOUTS, MANAGER. Horse Brand: O I L on left hip. Cattle brand: O I L on either side. Information given of strays of above brand will be rewarded. P. O. Address, ARKANSAS CITY, KS. Ranch at Willow Springs, Indian Territory.
Caldwell Journal, June 14, 1883.
The following stockmen are here in attendance upon the Arbitration committee: T. H. Stevens, O. F. Casteen, C. C. Clark, O. S. Northrup, of Anthony; Fin. Ewing, F. H. Shelly, M. Strong, of Medicine Lodge; Charles W. Moore, M. J. Lane, Sam T. Ishmael, J. W. Carter, of Eagle Chief; N. B. [W. B.] Roberts, J. H. Windsor, A. D. Windsor, of Titusville, Pennsylvania (the two former are accompanied by their wives); John W. Blair, of Pond Creek; Ben Garland, city; John Tucker, Wichita; W. J. Hodge [Hodges] and J. H. Tomlin, Winfield; Capt. Nipp, C. M. Crocker, D. F. Fagins, Tipton Brothers, Arkansas City; W. Wicks, Hunnewell; Pink Fouts, Willow Springs; and a number of others whose names our reporter failed to obtain.
Arkansas City Traveler, June 27, 1883.
Dr. and Mrs. Roberts, and Col. and Mrs. Windsor, and son, of Titusville, Pennsylvania, who have been spending several days on their Territory ranche at Willow Spring, returned to this city Thursday last and on Friday returned to their eastern home. Col. Windsor accompanied them as far as Wichita, but has since returned to the city where he will remain to look after business interests.
Arbitration cases with Windsor & Roberts only being covered...
ARBITRATION CASES: WINDSOR & ROBERTS.
Arkansas City Traveler, June 27, 1883.
Board of Arbitrators.
The decisions of the Board of Arbitrators of the Cherokee Strip Live Stock Association held last week at Caldwell will be found in brief as follows.
Windsor & Roberts vs. Hodges & Stewart, owing to the absence of the defendants, was continued.
John Love & Son vs. Standard Oil Co., P. Fouts, manager, was next heard. Plaintiff moved for a continuance. Motion refused, and the Board decided that as plaintiff had no tax receipt, or other evidence that they had range privileges, and there being nothing to show that they had a range, therefore, plaintiffs had no rights before the Board. The representatives of the defendants protested against the name “Standard Oil Co.” It was therefore ordered by the Board that the same should be changed to “Roberts & Windsor.”
M. Blair & Co. vs. Windsor Bros. was continued.
Arkansas City Traveler, July 4, 1883.
Col. Windsor, of the Willow Springs, was in our city several days of the past week.
Arkansas City Traveler, July 4, 1883.
Col. Windsor yesterday received a telegram from Dallas, Texas, stating that the first of their two herds of 2,000 head each crossed the Red River on the 30th ult., and requesting him to meet them at Hunnewell.
Caldwell Journal, July 12, 1883.
BOARD OF ARBITRATION.
The Board met on the 5th day of July. The first case, Windsor & Roberts vs. Hodges & Stewart, compromised.
Next in order was the continued case of Blair, Battin & Cooper vs. Windsor Bros. The board decided that the plaintiffs were entitled to all the lands in controversy.
The following cases were continued, until next meeting of the Board.
Bridge & Wilson vs. Windsor Bros.
Mr. Chambers vs. Windsor & Roberts.
The following cases before the Board were continued until its next meeting.
1. Windsor & Roberts vs. Beach & Welch.
2. Windsor & Roberts vs. W. W. Wicks.
3. Windsor & Roberts vs. Estus & Bros.
4. Windsor & Roberts vs. Tomlin & Webb.
[Note: Caldwell paper referred to “Willow Creek” and not “Willow Springs”...
Caldwell Journal, July 26, 1883.
Trouble on the Range.
Reports come to us to the effect that parties have been killing sheep and driving stock off the range of Roberts & Windsor, on Willow Creek, south of Arkansas City. Tuesday afternoon Mr. Fouts, manager of the above firm, received a telegram stating that a party of men had driven the stock off the range. If these reports are correct, the Cherokee Strip Live Stock Association will be compelled to take some action for their own protection, for the reason that if lawlessness of that kind can go unpunished in one single instance, it will be but a very short time before others will suffer, and the fact of being a member of the Association will be no protection whatever.
It would seem now that the Strip is made a part of the U. S. District of Kansas, there should be some way of punishing those who commit depredations upon the property of persons occupying the Strip in accordance with the laws and regulations of the United States and the Cherokee Nation. If not, a range on the Strip is not worth a song, and if any man undertake to hold one, he will have to do so through force. No argument is necessary to show that if such a condition of affairs is brought about, the Strip will become a strip of terror, where no man’s life or property will be safe for a single moment.
Arkansas City Traveler, October 3, 1883.
W. B. Roberts, E. T. Roberts, and J. H. Windsor, of Titusville, Pennsylvania, widely known throughout this section as proprietors of the Willow Springs stock ranch, some eighteen miles south of this city, were in the city yesterday, leaving in the afternoon for Willow Springs.
Arkansas City Traveler, October 24, 1883.
Col. Windsor, of the cattle firm of Windsor & Roberts, made his first visit to the Agency this week. His firm is now holding on Preacher Creek, formerly the range of Gorten Bros.
More arbitration cases Windsor & Roberts...
Caldwell Journal, November 22, 1883.
Cherokee Strip Live Stock Association.
Proceedings of the Board of Directors.
The Board met in Caldwell on Tuesday, November 13th, pursuant to adjournment, and met from day to day until Monday, November 19th.
Present: Ben S. Miller, president, and a full board.
The Board decided as to who were members of the Association, and ordered certificates to be issued to all parties who had paid the first assessment and held undisputed ranges on the Cherokee Strip.
It was also ordered that the treasurer refund the $10 fee paid him by parties not entitled to membership.
In the cases of Windsor & Roberts vs. Estus Bros., and Windsor & Roberts vs. W. W. Wicks, the Board decided as follows.
That the ranges of Estus Bros., and W. W. Wicks shall commence at a point on the north line of the Ponca reservation half way between Bodark and Deer Creek; thence running north, or nearly so, to a point eleven miles north, and half way between Bodark and Deer Creek; thence east to East Bodark, and down East Bodark on the west side to where Miller’s branch empties into East Bodark; thence east to the Ponca trail, and south along said trail to the Ponca reservation; thence along the north line of the reservation to place of beginning; and that the Black Dog trail shall be the dividing line between said Estus Bros., and W. W. Wicks.
L. Banks Wilson, W. B. Helm, and J. P. Richmond were appointed a board of arbitrators to settle all disputes between Windsor & Roberts and all other parties contesting, and disputing ranges with them, and that all expenses of arbitration shall be paid by the parties in interest, and the arbitrators to view the grounds.
Caldwell Journal, November 22, 1883.
Board of Arbitration.
In the case of Windsor & Roberts vs. N. J. Thompson, the case was settled satisfactorily by the parties in dispute, on the advice of the special board, consisting of Banks Wilson, Helm, and Richmond.
Arkansas City Traveler, December 5, 1883.
S. T. Wood, an old timer in this country, was in the city last week. He is now surveying the Windsor & Roberts range in the Territory.
Arkansas City Traveler, January 30, 1884.
Capt. Nipp will fence his range in the Territory this spring, and Mr. Love thinks of doing the same. Both these ranges have been contested by Windsor & Roberts, yet Messrs. Nipp and Love have assurance from Washington which prompts them to go ahead, regardless of the stock association or the Cherokee Nation.
Arkansas City Republican, March 29, 1884.
A wood hauler would like to know by what right or authority the oil company or any company can cut timber on an Indian reservation and convert it to their own use in any way, and then forbid the honest granter from hauling off the dead tops for fire wood? THE REPUBLICAN has this to say: One man’s right in the territory is as good as another’s, unless he is an officer of the law, a citizen of the Nation, or licensed by the government, as trader, mail carrier, etc. The Department “recognizes” the lease to cattle men for grazing purposes, but there is no law for it.
Arkansas City Traveler, April 9, 1884.
On last Wednesday night some parties at present unknown cut about two miles of wire fence belonging to Windsor & Roberts, in the Indian Territory, at the same time sawing off many of the posts. Not satisfied with this work of destruction, the parties set fire to a car load of barbed wire belonging to the above gentlemen, and destroyed the entire lot—over 20,000 pounds. The wire was in the state on Pettit’s place, we believe, and was purely the work of deviltry. If the perpetrators can be found, they should be most summarily dealt with for such an outrage. The penitentiary is too good for men who thus wantonly destroy private property. Whatever grievance, fancied or real, they may have against a man or corporation, it furnishes no excuse for burning up the property of such corporation.
Arkansas City Traveler, April 16, 1884.
Messrs. Windsor & Roberts are taking active measures to ferret out the parties who cut their wire fence some two weeks ago, and propose to make it warm for the guilty ones if they succeed in catching them. There is a standing reward of $500 by the Cherokee Strip Live Stock Association, which will be paid for each and every conviction of wire cutting or otherwise destroying range property in the Territory. As we said last week, the farmers along the line may have cause for grievance, real or fancied, but to resort to willful destruction is a very poor recourse. We are not certain but that a fence along the line will to a certain extent be beneficial to the farmers, as we understand the oil company leave a gap at every road into the Territory, and in no way interfere with the farmers hauling wood from the nation, and offer free pasturage to the cattle of farmers living along the line, thus saving them from the trouble of protecting their fields from straying cattle. At all events, Messrs. Windsor & Roberts are determined that the wire fence shall stand, and if opposition is continued, it looks as though serious trouble might result. With no desire to hastily champion either side’s cause, we submit to our farmer friends that at present Messrs. Windsor & Roberts have the law on their side, and that the proper way to remedy a wrong is through the courts—not by placing themselves in the rank of criminals. We trust there will be no further trouble.
Arkansas City Traveler, May 28, 1884.
Col. Windsor and Dr. Roberts were in the city Monday, leaving in the afternoon for their ranch.
Arkansas City Traveler, June 25, 1884.
District Attorney Hallowell and W. P. Hackney were in the city yesterday, prosecuting parties charged with stealing posts from Windsor & Roberts.
The first time that I looked at the next item, I failed to see the significance in what it told. It could well be that the “Dr. Roberts” referred to was the “Dr. Roberts” of Windsor & Roberts. It is rather interesting to study what was said. MAW
Arkansas City Republican, July 5, 1884.
[The following was handed us, by one of our prominent citizens, for insertion, with the remark that it might do much good. It is from the Caldwell Daily Standard.]
Below we publish a letter from W. F. Gordon, late editor of the Oklahoma War Chief—
Payne’s paper—to Ben S. Miller, president of the Cherokee Strip Live Stock Association. There is no doubt about the genuineness of it. We copied directly from the original. Milt Bennett, at our request, brought it to us and we copied while he held it in his hands and read it to us. Mr. Bennett, treasurer of the association, still has the original and intends to keep it.
This man Gordon has long been identified with the Oklahoma movement. He now proposes in his letter to give the boomers away. What is there to give away? Anything that is not already known? There is something rotten in it or Gordon would not offer to sell it out. Whatever it is should be ascertained and published as soon as possible. The letter speaks for itself and we have not space for further comment today.
Arkansas City, May 30, 1884.
BEN S. MILLER, President Stock Association, Caldwell, Kansas.
DEAR SIR: In a conversation here yesterday with Dr. Roberts, it was suggested it would be to yours and my advantage to open correspondence.
First permit me to refer you as to myself to Hon. Sidney Clark and Osburn Shannon, Esq., of Lawrence, Kansas; ex-Senator E. G. Ross, secretary and financial agent New Mexico system narrow gauge railroads at Las Vegas, New Mexico; R. T. VanHorn, Kansas City, Missouri; and others if necessary.
On certain representations, I left Washington, D. C., April the 30th, last, and came here and took charge of the Oklahoma War Chief, a newspaper in the interest of the colonists entering Oklahoma and other parts of the Indian Territory. I had been engaged two months in Washington searching the records, cessions, treaties, etc., between the United States and Indians, and laws, decisions, etc., bearing upon the subject, of course, on the side of the colonists. But I have been so deceived (in what manner it is not necessary to state), so misled as to the status of the country (territory), its population, best interests, etc., that I severed my connection with this paper, but retained my membership in the colony (with advantages) as private and inner secretary and adviser. I think I have some knowledge of the affair. My profession is that of a newspaper writer and publisher, and can honorably turn my pencil whither I choose, if not employed at the time by an opposite party. Can you give me employment? Would regular “letters” be of service enough, at this juncture, for you to pay reasonably for them? I mean “letters from the border,” treating the subjects in which your association is interested, published in such journals as you might suggest would publish them. Say, articles upon “The Dependence of Labor and Capital upon each other,” “The Western Prairies are Nature’s Pasture Fields,” “Necessity of Vast Pastures to meet the serious demands upon our cattle supply,” “The True Inwardness of the Boomers, etc.” I merely suggest these topics as leading to others; in other ways not best to write of.
I think I could be of service to you by remaining on the border. If you think it of any use, I would call upon you personally for fuller interchange.
Of course, I expect this letter and its subject matter will be strictly confidential with yourself. Would be pleased to hear from you at your earliest moment. Yours truly,
Wm. F. GORDON.
P. S. Circumstances prevent my going to Caldwell for a few days. Nor do I feel able to bear any unnecessary expenses now because of my loss in this Oklahoma business. Hence, I have been compelled to trust to your discretion in the use and care of this note. But if you think anything will come of it, telegraph me and I will go to Caldwell at once. W. F. G.
Arkansas City Traveler, July 9, 1884.
The case against Charles Weathers and others, charged with taking wire and posts from Windsor & Roberts, and which was to have been heard in Wichita this afternoon, has been postponed until the latter part of the month.
W. B. Roberts & Son [Windsor & Roberts]???...
Arkansas City Traveler, April 8, 1885.
We add to our list of brand notices, that of W. B. Roberts & Son, well known and extensive stock raisers.
AD. W. B. ROBERTS & SON,
J. A. McCORMICK, Manager.
[ILLUSTRATION SHOWS STEER WITH “O I L” PRINTED ON SIDE.]
UNDERNEATH ILLUSTRATION: (Anywhere on animal.)
ANOTHER ILLUSTRATION...HORSE WITH “O I L” ON FLANK.
P. O. Darlington, Indian Territory. Range: Willow Springs, on Duck and Bodoc creeks, and Cottonwood & Campbell creeks, south of Cimarron, Indian Territory.
Ear marks: grub right ear. Road brands: [looks like 0 above bar] left shoulder; L on left loin; [looks like P inserted above bar that connects to it] on left loin.
Remarks: No stock sold in this brand.
Reference to Windsor & Roberts range...
Arkansas City Traveler, July 22, 1885.
Bert McCormick, foreman of the Oil Company’s range, was in town on Monday, and good naturedly sustained a vast amount of joshing over the report that he had been hanged by Texas cow-boys. He has been six weeks on the round up, swimming streams and meeting no end of adventure by flood and field. He has brought 700 steers to the range at Willow Springs, which are in thriving condition and will be fit for beef in early fall. The crop of calves this year he reports good.
Roberts & Sairs’ cattle ranch near Cheyenne Agency...
Arkansas City Republican, July 25, 1885.
J. A. McCormick, the manager of Roberts & Sairs’ cattle ranch near Cheyenne Agency was in the city this week. It was reported that Mr. McCormick had been hung by a vigilance committee because he branded cattle that did not belong to him. Later on the rumor was circulated that he had been scalped by the Cheyennes. The appearance of Mr. McCormick on our streets killed both reports. He says he was riding in and around the Cheyenne camp for a month and he has seen no trouble there. He said the Cheyennes made their “medicine,” but that was all. The trouble which has been reported by the correspondents to newspapers is about all “bosh.” We suggest that the Wichita Eagle’s correspondent at Cheyenne Agency be suspended. He is the biggest newspaper liar of the age, if McCormick’s report be true.
Roberts & Son’s cattle ranch...
Arkansas City Republican, August 8, 1885.
J. A. McCormick, the manager of Roberts & Son’s cattle ranch, is no longer down at Cheyenne Agency. He is located at Willow Springs. J. A. called on us last week and made us happy as a Democrat when he has been appointed postmaster.
Wm. Roberts [W. B. Roberts?]...
Arkansas City Republican, Saturday, November 7, 1885.
ANOTHER DEAD MAN.
J. L. Glotfelter, of East Bolton, Drops Dead While Down in the Indian Territory.
DIED. Thursday evening it was told around on our streets that a man had been killed down in the Indian Territory. We readily gave credence to the rumor for it is getting to be not a rare occurrence in this vicinity for men to get killed. But this time upon running the item down, we ascertained that no one had been murdered, but that J. L. Glotfelter had dropped dead from heart disease.
Yesterday morning Wm. Roberts, who resides on the state line, was in the city, and from him we learned the particulars.
As we were told, Mr. Glotfelter went down in the territory last Monday with his wagon and team. He stopped at a ranch on Wolf Creek, near what is known as the “great bend.” He was engaged in getting out posts for one of the ranchmen and wood for himself. At night he slept at the ranch and during the day he worked. Thursday Bert Plumb and Al Green, of East Bolton, joined the deceased and took dinner with him. When Mr. Glotfelter fed his team at noon, he did not tie it, and when the horses had eaten up their feed they wandered off. The men on getting through eating dinner went to catch the team, Mr. Plumb riding his mule after them and Mr. Glotfelter starting around to head the team. Mr. Plumb succeeded in catching the horses and was standing waiting for Mr. Glotfelter to come up. Mr. Plumb noticed that he was a long time in arriving and when he came up he questioned him concerning the cause. Mr. Glotfelter told him that in crossing a small hollow he had an attack of some kind and that he had fallen and lain upon the ground several minutes. As Mr. Glotfelter did not like to ride one of his horses back to camp on account of his being afraid of them, Mr. Plumb aided him on his mule and turned around to mount one of the horses. As he did so, he heard a dull thud, and glancing around he saw Mr. Glotfelter lying on the ground. Running to the creek nearby he filled his hat with water, and dashed it into the face of the deceased. But it did not revive him any and in a few moments after the fall he died. As soon as possible Messrs. Plumb and Green loaded the body in the wagon and conveyed it home, arriving about dusk Thursday evening.
The death is supposed to have been caused by heart disease, as he was suffering from an affection of the kind. Once during the summer he had an attack, but recovered. Mr. Glotfelter removed here from Burden over a year ago and engaged in the implement business; and not finding that as remunerative as he desired, quit in a few months. Several months ago he made the purchase of a farm in East Bolton, four miles south of Arkansas City. The deceased leaves a large family, who are in somewhat straightened circumstances. His death was untimely and very unfortunate to them, and the blow is very severe. It is hard for the many friends of jolly John Glotfelter in this vicinity to believe that he is dead. Up to the time of his demise, he appeared to be hale and hearty. Again are we reminded that “in the midst of life we are in death.” The remains were taken to Burden today for interment.
[STANDARD OIL COMPANY: W. B. ROBERTS, TITUSVILLE, PA.]
Arkansas City Republican, Saturday, April 2, 1887. From Monday’s Daily.
W. B. Roberts, of Titusville, Pennsylvania, arrived in the city yesterday. Mr. Roberts counts his wealth by the millions and represents the Standard Oil Company. He is here for real estate “snaps.”