CATTLEMEN.

PART I.

TELL W. WALTON.

This story starts with Tell W. Walton, surveyor and newspaper man.

Tell Walton had numerous brothers and sisters. His father, Judge George T. Walton, was the first historian for Oxford, Walton Township, Sumner County. Judge Walton later moved to Burden and became editor of the Burden Enterprise in 1884.

Two years older than Tell, Wirt W. Walton was the Cowley County surveyor for some years. He was the local editor for the Winfield Courier in 1875. In 1876 (Centennial Year) Wirt became the first historian for Cowley County, with his articles printed in the Winfield Courier and Cowley County Democrat. His interest in politics led to his position as Chief Clerk of the Kansas House of Representatives. He became editor of the Clay Center Dispatch in 1880. On September 5, 1886, editor Wirt Walton was riding in the engine of a passenger train on the Fort Kearney branch of the Union Pacific. The engine jumped the track near Junction City, landing on its side, throwing Mr. Walton out of the left side window, and severely scalding him. He died soon thereafter. No other person was hurt. The engineer was discharged by the Union Pacific Company for having violated the rules of the company by permitting Mr. Walton to ride upon the engine.

In 1873, at the age of 19, Tell Walton became the county surveyor in Barbour County. In 1874 Tell was a member of the De Bois’ surveying party from Wichita, which worked southwest of Fort Sill, taking his chance of losing his scalp for $40 a month. While at Fort Sill he was equipped with a Remington rifle, saw General Sheridan take charge, and viewed captured Indian chiefs in the guard house such as Satanta. Soon after news reached Winfield that Tell, while handling a gun, lost part of his left forefinger from one barrel and was struck in the eyes by the contents of the other barrel, when the gun accidentally discharged. Several weeks later Tell contradicted this report and stated his eyesight was all right.

In June 1875 Tell joined with his brother, Peter, who was then living at Parsons, in buying a herd of match ponies at Fort Sill, which they shipped east. While passing through Winfield, they amused the local boys by lassoing and riding the wildest of the ponies.

A member of the Winfield Courier, a Republican paper, Wirt Walton made the following comments about his younger brother: “And now we learn that Tell W. Walton has been struck by lightning. What with shooting himself, being thrown from Comanche ponies, arrested by the U. S. soldiers, writing for the Plow and Anvil, and now being struck by lightning, all within six months, we begin to think that boy can stand anything. He was a brother of ours before he wrote for the above mentioned machine shop.”

[Note: The Winfield Plow and Anvil was a Democratic newspaper.]

Tell moved to Wellington. The following item appeared in the Wellington Press in February 1876. “The courthouse came near being destroyed by fire Sunday morning. Mr. Tell Walton had taken up the ashes in a nail keg, which he placed in a corner of one of the offices, and then left the room. Returning some time after, he discovered the keg to be all ablaze, and the flames already making rapid progress upon the wooden structure of the building. The alarm was given, water procured, and in a few minutes the would-be conflagration was extinguished. This little accident should serve as a lesson to all who are in the habit of taking up ashes in wooden vessels and not emptying the same immediately. Ashes often contain fire when it is supposed they are entirely free from it, and our advice to one and all is, never habituate yourself to leaving ashes setting in vessels of any kind inside of any building.”

Surveying.

Proper Surveying.

Tell Walton kept busy in both Sumner County and Cowley County as a road surveyor and Deputy Surveyor. He did extensive surveying in the Grouse valley.

Some of the first surveys were made improperly. In some cases “claim jumpers” moved or kicked established cornerstones out of position. As a result, corners and lines were incorrect. Tell’s brother, Wirt, was accused of telling the owners of land he was surveying that if they did not like the established line, they should hide the Government stone and he would set one to suit.

Tell W. Walton posed three questions to Geo. R. Peck, U. S. Attorney at Topeka, about cornerstones in June 1876. Peck was deemed as the authority on this matter at the time.

Q. By Walton: Should I not, in determining the true location of effaced, destroyed, or doubtful government corners, be governed wholly by well authenticated lines and corners properly identified by the original plats and notes and re-establish them to correspond therewith, as near as ordinary professional skill admit?

A. By Peck: I am of the opinion that the true location of effaced, destroyed, missing, and doubtful corners must be determined by the original plats and notes and well authenticated monuments.

Q. By Walton: In such cases are not the original field notes and plats, or certified copies thereof, my only guide in determining the true location of such lines and corners?

A. By Peck: Yes, qualified by an observance of the above mentioned rule.

Q. By Walton: Should a stone or other monument found near the point designated as the original location of a corner be considered as prima facie evidence of its having been thus established by the Deputy U. S. Surveyor, or should the field notes, coupled with properly identified lines and corners, be equally considered in the matter?”

A. By Peck: To the third interrogatory I reply, always bearing in mind, as a governing rule, that course and distances must yield to undoubted monuments. That much depends upon the circumstances. If the stone or monument is of such type and permanency as to indicate that it was placed there as a monument, it should be regarded as prima facie evidence of having been so established by competent authority, especially if it be near the point designated as the original location of a corner. But if such stone or possible monument is of a movable, uncertain, and doubtful character, the field notes, coupled with clearly identified lines and corners, should be consulted.

It is believed that Tell Walton was the “Walton” referred to in a letter written by Stacy Matlack July 20, 1877, when he was an Indian Trader for the Pawnees. [Matlack later became a merchant in Arkansas City at the corner of Summit Street and West Fifth Avenue. Taylor Drug is now at this location.]

“They produced a trade dollar of Dunlap & Florer’s, and from signs made the whites understood that they wanted to trade it for hair. It was thought best to comply, under the circumstances, and Harry Broome, for and in consideration of the dollar check, allowed them to cut from his head a lock of hair.

“The Indians were now satisfied and left while the whites crossed the creek and stopped for dinner. While in camp they discovered an Indian on a bluff in the distance, who seemed to be signaling someone on the opposite side of the stream, and as they were about resuming their journey, they were again approached by Indians; this time three in number. This party was unarmed, and one of the number spoke tolerable good English. They were talkative and said a large party of Osages were mourning the death of a chief. They also stated that they were poor and had no money, but that they, too, wanted some hair, so that they could have a dance that evening. Broome was asked to furnish the article.

“They objected to Alexander’s hair upon the ground that it bore too close a resemblance to the hair of the horse and Walton was in no trouble as his hair was too short to admit of a close cut. I have written a faithful account of the affair as detailed to me by one of the party, in whose word I place implicit confidence. Very cordially, STACY MATLACK.”

[Note: At the time of the “hair cutting,” Dunlap and John N. Florer were the Indian traders at Pawhuska for the Osage and Kaw Indians. Florer later became a cattleman.]

Changing Occupations.

Tell Walton became county surveyor in Sumner County in late 1878. In 1879 he took a position with the engineering corps of the C. S. & F. S. railroad.

He finally settled down at Wellington, marrying Alice M. Hutchinson on September 22, 1879. Tell Walton and his wife often visited Arkansas City, where she had relatives.

Tell started the Mulvane Herald in March 1880. By December he ceased publishing the paper and filled in for his brother, Wirt, on the Clay Center Dispatch local columns while Wirt was busy at Topeka as a politician.

In April 1881 Tell W. Walton purchased the Caldwell Post from Mr. J. H. Sain.

The Winfield Courier reprinted an article from the Caldwell Post by Tell Walton in June 1881.

“Last Saturday night, while en route to Oxford from this city, we were compelled to patronize the K. C. L. & S. road from Winfield to Oxford. We applied at the ticket office for two tickets to Oxford, and tendered our money, a ten dollar bill. After marking the tickets and passing them over the counter, he found he could not make the change; so he said to get on the train and pay the conductor, or get the tickets after we had arrived at Oxford.

“Thinking it would be all right, and having his assurance that it would be, we boarded the train, and after we got out three-fourths of a mile from the station, the conductor came through the car collecting tickets. We tendered our money a second time, but he refused to even look at it or hear an explanation of any kind, but stopped the train and compelled us to get off where we were, causing us, with our wife and child, to walk nearly a mile over the rough roads and cross the prairie back to the depot. We had some baggage with us, which we were obliged to carry too, or leave on the prairie. . . .

“This * * on the same evening beat a poor, lone woman out of the last cent she had, in making change for a ticket. She gave him a silver dollar, the last she had, and in return got a ticket for Oxford, costing forty cents, and ten cents in money. He claimed that she only gave him a half dollar, but the bystanders would swear that she gave him a dollar.”

“John R. McGuire, of Tisdale, says that the other day he applied to the ticket office at Cherryvale for a ticket to Independence, the price of which was forty cents, and offered a half dollar piece, which was refused as not being the exact change. A feeble woman with two small children just then applied for a ticket to Independence, but failed for the same reason. Just then the train for Independence came along and McGuire and the woman got on board. The conductor came along and demanded tickets. The half dollars were offered and refused on the ground that the conductor would not take money but must have tickets. No amount would do. The only alternative was tickets or get off. The train was stopped and McGuire and the woman and her children were put out on the prairie two miles from Cherryvale, to which place they had to walk back. The woman could scarcely walk and her exertions would have been fatal had not McGuire been there to carry her small children.”

Instead of reporting news, Tell became the “news” in the area newspapers.

The first items appeared in December 1881. They concerned the crooked Caldwell banker, J. S. Danford.

“Tell Walton dropped in Monday morning fresh from the seat of war at Caldwell. Having deposited all his money in Danford’s Bank, it is fair to presume that he walked over. The conductor wouldn’t accept a certificate of deposit as legal tender.”

This was followed up with items that Tell Walton, among others, had been sued by Danford for $100,000. “As Tell lost some money in the bank failure, he is sitting up nights trying to figure the thing out. Can’t you do it, Tell? If in addition to the loss of his $180 deposit, he should have the whole $100,000 to pay, it would cut down his profits for 1881 at least one half.”

[J. S. Danford was co-editor and proprietor of the Walnut Valley Times, when the paper was started by him and T. B. Murdock on Friday, March 4, 1870, in Eldorado, Butler County, Kansas. Murdock soon severed the partnership with Danford. In the centennial edition of the Winfield Courier, January 6, 1876, county historian Wirt W. Walton named J. S. Danford as a director of the town company of Creswell. On October 1, 1884, the Arkansas City Traveler commented: “Everybody in the country remembers Danford, the Caldwell banker, who stole a pile of money from his depositors a few years since. He has again come before the public, this time at Cheney, Washington Territory, where he stole $20,000, and skipped out to Victoria, B. C., from which place he openly defies his victims. He ought to be hung.”]

The second items relative to Tell Walton concerned his involvement with Ike Sherman, more familiarly known as Jim Talbot, considered one of the most desperate cowboys on the border. Mike Meagher, was acting as the City Marshal when he was killed in Caldwell in late December 1881.

[Mike Meagher was City Marshal in Wichita, Kansas, at various times, being first appointed in 1871. Meagher was re-elected City Marshal on April 4, 1876, in spite of the difficulty his policeman, Wyatt Earp, had caused shortly before the election by striking the rival candidate, William Smith. In 1879 Meagher served as a government scout and rode for awhile with C. M. Scott.]

“It seems that Tell Walton, of the Caldwell Post, was slightly mixed up in the Caldwell trouble. Friday night before the affray, during the rendering of the play of Uncle Tom’s Cabin, Jim Talbot, the man who shot Meagher, indulged in obscene remarks, and was requested by Walton to desist. Talbot cursed and threatened to ‘fix’ him next day.”

“Will give twenty-five cents for authentic information as to the whereabouts of one Tell W. Walton while the cowboy fight was raging in Caldwell.”

Tell W. Walton was a man of some standing among local cattle interests, and under his direction the Caldwell Post grew in influence. The Caldwell Commercial, a rival paper, appeared in May 1880 under the editorship of William B. Hutchison, a veteran Wichita newspaperman and a charter officer of Payne’s boomer organization. At first he assumed a moderate position on the question of opening the Indian Territory to settlement. Gradually his editorial policy shifted away from the homesteaders’ cause. Perhaps he was wooed away by the Outlet ranchers’ money. Cattlemen’s range and brand advertisements began to appear with increasing regularity during the period of the Commercial’s editorial transformation.

Both Caldwell papers merged in May 1883 under the control of the Caldwell Printing and Publishing Company, a joint-stock venture headed by Benjamin S. Miller and John W. Nyce. They published only one paper, the Caldwell Journal, edited by Hutchison. It was solely a cattlemen’s paper, supported almost exclusively by advertising from Outlet ranchers. On October 3, 1883, the Cherokee Strip Live Stock Association announced that the Caldwell Journal would be its “official paper.”

Thus ends the background on Tell W. Walton, who became an integral part of the “cattlemen” story.

CATTLEMEN. PART II.

The Santa Fe Reaches Cowley County.

The Cowley, Sumner & Fort Smith railroad, a branch of the Atchison, Topeka & Santa Fe railroad, commenced laying track in Cowley County on Wednesday, August 5, 1879. A grand jubilee took place at Winfield on September 30, 1879, to celebrate the railroad reaching that place. The railroad reached Arkansas City on December 23, 1879.

Prior to the coming of the railroad, there were few cattlemen in Cowley County. One of these was County Commissioner R. F. Burden from Windsor township, who started a home on the broad, rolling prairies in 1871. By 1879 he had 40 acres given to forest trees and another 40 acres devoted to orchards. He had over six miles of fine hedge fence. His pasture and feed lots were enclosed in stone and plank. Transportation limited the number of cattle buyers willing to offer prices which suited feeders such as Burden. It was noted in March 1879 that he had sold about $3,000 worth of stock (hogs and cattle), all “to the manor born.”

The Cherokee Indians took advantage of stockmen holding cattle in the Territory due to their claim of ownership of the Cherokee Outlet (commonly called the “Cherokee Strip”). Located between the 96^th and 100^th parallels of west longitude, the “Cherokee Strip” was about 200 miles long and 57½ miles wide. It was bordered by Kansas on the north and Indian Territory on the south.

In 1880 the Cherokee Indians alerted all of the stock men that Major Lipe was the only Cherokee tax collector. He had only one deputy, Judge George O. Sanders. They gave notice they would collect taxes at Caldwell. This brought about a convention of stock men at Caldwell in June 1880 to take action with reference to paying taxes on cattle held in the Territory. They told Major Lipe they would pay twenty-five cents per year on every head of cattle held by them in the Territory. Lipe demanded fifty cents. He also demanded a monthly charge of five cents per head for all through cattle. The Traveler commented: “We are informed that this decision will be the cause of many cattle men leaving the Territory: the larger holders driving their cattle further west, while the smaller dealers will probably hold them in some of the border counties, preferring to do a little feeding rather than pay such a high tax. In view of the fact that there is some doubt as to the legality of this tax, and when we think of the great number of cattle on these lands, we think Mr. Lipe will be making money enough at twenty-five cents.”

In July 1880 the “Texas fever” hit Bolton township in Cowley County, causing concern over allowing cattle to pass through it.

In August 1880 Capt. C. M. Scott (then working as a special scout for the Kansas Governor) purchased 500 acres of land near the mouth of Grouse creek four miles south and two miles east of Arkansas City, with a view of making it a sheep ranch for he and his partner, James C. Topliff.

In October 1880 the U. S. Government came up with new regulations involving the grazing of cattle or other stock upon Indian reservations in the Territory. This ended the use by unauthorized persons of grazing stock and forced stockmen to obtain approval of the Indian agent and agency Indians after determining payment for leasing their land. Further, it restricted cattle trails to be used crossing Indian reservations.

In March 1881 a meeting at Caldwell gave stockmen the privilege of driving through Texas cattle west of the west line of the Nez Perce Agency, and in any direction to shipping points upon the strip of country lying north of that Agency and south of the State line.

This hurt all cattle stockmen owning native stock in the vicinity of Indian Territory.

Had the “dead line” been placed ten miles south of the State line, with a drive limited to one mile in width, and leading directly north to the various shipping points, this danger would to a great extent have been avoided.

In April 1881 the Caldwell Commercial published a stock and brand book, containing the laws of the Stock Association, of the Indian Territory, with cuts of all the brands, and the location of the cattle camps of the western part of the Indian Territory, and with the post office address of the owners.

It was decided by the convention of stockmen at Caldwell that the round up would commence on the first day of May 1881. The range was divided into six districts.

In May 1881 the Traveler reported that the following Cowley County men were holding stock in the Territory: On Red Rock and Black Bear creeks, Messrs. Eaton, Potter, James Estus, H. S. Libby, A. A. Wiley, and Drury Warren. In other parts of the Territory stock was held by R. A. Houghton, Henderson, Capt. Nipp, Walker Brothers, Berry Brothers, Dean Brothers, Shriver, and others. Stockmen talked of holding a meeting for the purpose of protecting native cattle from the Texas drive in Indian Territory.

Also in May 1881 Hackney & McDonald, attorneys from Winfield, sold to Illinois parties through Alex Fuller their tract of Cherokee land in southern Cowley County (3,154 acres) for $2.50 per acre cash. The purchasers were proposing to buy even more land in that neighborhood, which they would fence, and then stock it with short horned cattle.

Area cattlemen were concerned about the Texas drives of cattle, but due to the spring round ups, were unable to confer with Texas cattlemen and take any action.

Returning from Texas, A. A. Wiley reported that Messrs. J. Smythia, H. Endicott, A. J. Gilbert, J. W. Ledlie, and James Henderson, with 1,100 head of cattle, were on Deer creek, where cattle would be held till disposed of. Mr. Wiley was on his way to the Nation with supplies to establish a ranch. The Fairclo Brothers soon returned after purchasing stock. They were followed by John W. Ledlie, of Winfield, who was holding stock south of Arkansas City in the Territory. Ledlie reported Texas stock were cheap and in good condition. R. A. Houghton returned from the Territory attending to the rounding up of his stock. He lost forty head during the winter.

Other cattlemen such as T. A. Gaskill were just starting to Texas to purchase stock.

In July 1881 cattlemen such as James C. Henderson of Arkansas City began to advertise their brands.

A series of letters appeared in the Traveler concerning the Cherokees collecting tax.

WASHINGTON, D. C., June 30, 1881.

Thomas S. Parvin, Esq., Arkansas City, Kansas.

Sir: In reply to your letter of the 28th ult., addressed to the Hon. Secretary of the Interior, and by him referred to this office, inquiring whether the Cherokee National authorities have the right to collect, from U. S. citizens, tax on cattle, sheep, etc., grazing in the Indian Territory south of Arkansas City, I have to state that such right has been fully recognized by Congress, and by this Department, and that the properly constituted Cherokee collectors or agents can lawfully collect such tax. In the event of the imposition of any unreasonable or oppressive tax by the Cherokees, the United States will intervene and afford the necessary relief, but so long as the tax is reasonable, and does not exceed the penalty imposed by the act of June 30, 1834, for grazing stock on the Indian lands (which is $1.00 per head), it is considered that the Cherokee Indians are fully justified in imposing it, and should be sustained by this Department. Very respectfully, H. PRICE, Commissioner.

Arkansas City Traveler, July 27, 1881.

We received a call on Monday last from Mr. Joe G. McCoy, the authorized agent of D. W. Lipe, Treasurer of the Cherokee Nation, to collect taxes due the Cherokees from cattle men holding stock in the Territory, east of Hunnewell and north of Chicaskia. Mr. McCoy also informs us that he is authorized to accept one-half of the assessed rates for sheep from men living on the line, and presumably holding their sheep in the State part of the time. In connection with this we copy the following from the Caldwell Commercial, of last week.

“For the past two months the agents of the Cherokee Nation, at this place, have made every effort to induce parties holding cattle on the Cherokee strip to come forward and pay their taxes. From the best information we can obtain, there are at least 200 persons holding cattle on the strip, and out of that number not to exceed forty have complied with the law or shown any disposition to do so.

“The agents of the Nation have acted with great leniency toward the cattle men, giving them all the time that could reasonably be expected, but having become satisfied that some of the grazers are determined not to pay under any circumstances, they have made up a list of such to the number of 100, and in accordance with instructions forwarded the same to Chief Bushyhead. The Chief will send it through the Interior Department, to Agent Tufts, at Muskogee, and the instructions to him are, when such a list is placed in his hands, to cause every man, whose name appears thereon, to be removed from the strip. To do this he can call upon the military, if necessary.

“It is but recently that cattle men have been driven from the Choctaw lands for refusing to pay a grazing tax to that Nation. They were removed as intruders with no recourse whatever, and so it will be with those on the Cherokee strip who fail or refuse to pay the tax assessed by the Nation. As to the right of the Nation to levy this tax, there can be no question, and of this no cattle man can plead ignorance. Every effort has been made by Major Lipe, Treasurer of the Nation, to furnish them all the information on the subject necessary for a clear understanding of their position as occupants of the Cherokee lands, and now, if they are compelled to leave the Territory, and the enjoyment of privileges, which no money can buy elsewhere, they will have no one to blame but themselves.”

Farmers providing cattle feed began to get good money for it in late 1881. The farmers around Maple City sowed large quantities of millet at a great profit that winter when stock men from Missouri, Arkansas, and Indian Territory drove in their stock. On Grouse creek the stock men bought every ton that could be purchased, paying $2.50 per ton for millet hay.

Troubles began to occur in Indian Territory.

The Caldwell Post in September 1881 printed the following: “W. N. Hubbell has been authorized by the local stock men to offer a reward of one hundred dollars for the apprehension of the party or parties who set the prairie on fire in the Indian Territory about six miles southeast of Caldwell on the night of August 30th, and also on Thursday last. Evidently the fire was started by someone intent on destroying the range in a certain locality; and we can see no reason for such dastardly work, unless it is to keep Territory cattle from water in Bluff Creek near the State line. If the fire was set out by anyone holding cattle along the line for the purpose of keeping Territory cattle from encroaching on the range, it shows a low, contemptible, disposition, and one that will land him in the pen before many years, if he does not die with his boots on. A man, or thing that would do such a deed, would steal, and should be branded on the forehead with a curry comb brand. It will not be healthy for anyone caught by the stock men of these parts setting out fire in the Territory.

In mid-October 1881 the Topeka Commonwealth received word from Caldwell.

“There is great excitement here, and all over the Cherokee strip today. The strip extends from where the Arkansas River strikes the Indian Territory, to the Panhandle of Texas, and is 57½ miles wide. On this it is estimated there are 300,000 head of cattle on which the Indians levy a tax of one dollar per head, they having that right according to the decision of the Department at Washington. About one-half of these cattle have paid the tax, the owners of the other half refuse to do so. Indian Agent Tufts, with United States soldiers, leave here today to drive the cattle off the strip. Many owners of cattle, this morning and yesterday, offered to pay the tax, but were told it was too late. The Agent says, not only that the Indians will not receive the tax of those who have heretofore refused to pay, but that these recalcitrant men will not in the future be allowed to herd their cattle on the Cherokee strip.

“The cattle now on the strip are not in a condition to ship to market, and as they cannot be driven to the south on the Indian reservations nor to the north, because of the law of Kansas, the owners are forced to sell them at such prices as they can get for them. These cattle are actually worth $15 per head on an average, or an aggregate of $1,500,000.

“Cattle buyers who have heretofore paid the taxes enforced by the Cherokees, will be allowed, if they purchase these, to keep them on the ‘strip.’

“Speculators and others are raising all the money they can with which to make purchases. Men started last night for Emporia and other money centers to raise money to buy cattle with. Many are willing to mortgage farms and everything else they have to get money.

“The last train of cars loaded with cattle to be shipped this year started today, cattle shipping being mostly over for this year.”

The Arkansas City Traveler on October 19, 1881, reported that Agent Tufts, with U. S. troops, was at Caldwell moving all cattle men who refused to pay the cattle tax to the Cherokee Government; and that the Cherokees refuse to take payment now, and will not be granting permits hereafter. This will compel many to sell their entire herds, and cattle can be purchased low in consequence thereof.

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.

Windsor & Roberts.

A special meeting of the Cherokee Strip Stockmen’s Association was held in Caldwell on October 24, 1882. Members were assessed to allow creation of an inspection committee empowered to offer $1,000 for the arrest and conviction of stock thieves and to hire detectives.

Col. J. H. Windsor and Major J. Gore were elected members of the Cherokee Strip Association upon paying the requisite admission fee.

The Caldwell Commercial of October 26^th commented: “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.”

Fencing.

Cherokee Chief Bushyhead called attention to fencing of ranges in the Territory in November 1882. He made no objection to fencing, but entered a protest against a few individual Cherokees parceling out the Strip to their personal advantage.

The Cherokee council assembled at Tahlequah in early December 1882 and published a bill declaring illegal and unauthorized all fencing by Cherokees, requiring removal within six months. This bill was sent to Chief Bushyhead for his signature. Chief Bushyhead vetoed the bill annulling contracts between cattlemen on the Cherokee Strip and Cherokee citizens and the bill to lease the Strip to a combination of members of the Cherokee Nation.

1881.

This hurt all cattle stockmen owning native stock in the vicinity of Indian Territory.

It was decided by the convention of stockmen at Caldwell that the round up would commence on the first day of May 1881. The range was divided into six districts.

Area cattlemen were concerned about the Texas drives of cattle, but due to the spring round ups, were unable to confer with Texas cattlemen and take any action.

Other cattlemen such as T. A. Gaskill were just starting to Texas to purchase stock.

In July 1881 cattlemen such as James C. Henderson of Arkansas City began to advertise their brands.

A series of letters appeared in the Traveler concerning the Cherokees collecting tax.

WASHINGTON, D. C., June 30, 1881.

Thomas S. Parvin, Esq., Arkansas City, Kansas.

Arkansas City Traveler, July 27, 1881.

Troubles began to occur in Indian Territory.

In mid-October 1881 the Topeka Commonwealth received word from Caldwell.

“Cattle buyers who have heretofore paid the taxes enforced by the Cherokees, will be allowed, if they purchase these, to keep them on the ‘strip.’

“The last train of cars loaded with cattle to be shipped this year started today, cattle shipping being mostly over for this year.”

1882.

In January 1882 Arkansas City joined other merchants in selling galvanized and painted wire.

On March 1, 1882, the annual spring meeting of Stockmen on the Cherokee Strip was largely attended at Caldwell, and most of the stock owners were represented. They decided to have a brand book published, and set the time for the spring “round-up.” The following newspapermen were present: W. P. Brush, of the Kansas City Indicator; Tell W. Walton, Caldwell Post; W. B. Hutchison, Caldwell Commercial; T. A. McNeal, Medicine Lodge Cresset; Will Eaton, Cheyenne Transporter; J. H. Carter, Hunnewell Independent; W. M. Allison, Wellingtonian; J. C. Richards, Wellington Press; W. P. Tomlinson, Topeka Commonwealth; Tom Richardson, correspondent, Leavenworth Times; and Halsey Lane, correspondent, Texas Live Stock Journal.

In the latter part of March Major D. W. Lipe, authorized agent of the Cherokee Council, started to collect a tax for all stock on the Cherokee Strip from parties liable. A notice was published in area newspapers by John M. Neal, U. S. Indian Inspector, dated Caldwell, March 23^rd, 1882.

“Notice is hereby given to all parties holding cattle, sheep, horses, hogs, or other stock in that strip of country, known as the Cherokee Outlet, being part of the Indian Territory, that they are intruders and trespassers under the intercourse act.

“To remain they must have license for so doing from the Cherokee Council, and without such license, properly obtained, they shall be promptly removed in such manner as shall be

directed by the Hon. Secretary of the Interior, by whose order I give this notice. Six days from the date of this notice will be given for parties to settle with the authorized agent of the Council, Major D. W. Lipe, who will be at Caldwell to attend to this.

“At the end of the above named time all the delinquents will be reported for removal.”

Non-complying stockmen were ejected. Further, they were subject to fine and had to pay a penalty of $1 per head for all stock in Indian Territory.

Word reached cattlemen that Jack Chisholm, a prominent stockman in Indian Territory and son of the Chisholm who laid out the trail of that name, “passed in his checks” in May 1882 and was awaiting the final round-up. The “Round-Up” in May and June 1882 passed quietly and quickly. It showed that the loss of stock the past winter was but 1 percent; the cattle were never in better condition; and would reach the market a month earlier than usual. The increase in herds surprised the veteran stockmen.

Major D. W. Lipe, treasurer of the Cherokee nation, opened an office in June 1882 upstairs over the Stock Exchange bank, in Caldwell, where his only authorized agents, P. N. Blackstone and George Sanders, received taxes on livestock grazed on the Cherokee strip.

Stockmen on the Cherokee strip planned for another round-up to recover stray cattle.

Howard Brothers, Arkansas City merchants, sold over 45,000 rods of barbed wire to the Dean brothers (Albert and Cal) to fence in their stock range in Indian Territory.

In September 1882 Ed. M. Hewins of Cedar Vale purchased Wilson & Zimmerman’s stock and range on Skeleton creek, Indian Territory, paying the enormous sum of $200,000.

A special meeting of the Cherokee Strip Stockmen’s Association was held October 24, 1882. 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 proposed that A. M. Colson, chairman of the Inspection Committee, be 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, and that detectives should be employed to aid in the detection and capture of parties engaged in stealing stock from members of this association. His motion carried. An assessment was made on each member to pay their proportion for the Inspection Committee.

Pennsylvania Oil Cattle Company.

Col. J. H. Windsor and Major J. Gore of the Pennsylvania Oil Cattle Company were elected members of the Cherokee Strip Association upon paying the requisite admission fee. The company had started a ranch south of Arkansas City, and had sufficient pasture room for 10,000 head of cattle. The company’s brand was a P on left shoulder, O on the side, and Co on left hip. Senator Roberts, of Pennsylvania, was a member of the P. O. Company.

Late in September 1882 two Cherokee Nation agents arrived in Arkansas City to collect the tax due the Cherokees for holding stock on the strip in the Territory south of the State line.

Standley, the Traveler editor, commented: “The demand for cattle ranges is growing every day. Last week parties were here from Kansas City to purchase land along the State line in large bodies, but could not find enough in one body to suit them. It won’t be many years before every man will have to own every foot of ground he grazes on.”

A meeting was held in early November 1882 by the stockmen of the Cherokee strip at Willow Springs to take steps to protect themselves from the monopoly known as the Pennsylvania Oil Cattle Company that proposed to fence in twenty-four miles square south of the State line and west of the Arkansas river. The men deemed it unjust, and believed the Cherokee Nation would protect them in their rights, since they held the range for years and always paid the license.

In November 1882 Cherokee Chief Bushyhead called attention to fencing ranges in the Territory, to which he made no objection; but in plain and pointed language entered a protest against a few individual Cherokees parceling out the Strip to their personal advantage.

The Caldwell Commercial gave advice: “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.’”

On November 22, 1882, the Traveler printed comments made by the editor of the Tahlequah Advocate: “We know not what views are entertained, and what policy will be pursued by our National Council, regarding the question of ‘Wire Fencing’ west and east of ‘Ninety-Six,’ but with our present light, we cannot adopt the leader on that subject, which appeared in the Advocate two weeks since in our absence on the plains. We believe that the whole thing is wrong, and will not stand the test of rigid scrutiny. The non-citizen cattle king certainly has no right by himself to fence in a foot of land. Has he the right in the name of an adopted citizen or native, to fence in forty by fifty miles, aggregating upwards of a million acres—using cedar from the soil to do it with? We trust that our National Council will bravely and wisely handle this subject, and for the good of all.”

December 1882.

Editor Standley of the Arkansas City Traveler wrote an editorial December 6, 1882.

“There is an enterprise going on below us in the Indian Territory that is bound to interest every farmer and stockman along the entire line of the State, from the Arkansas river to the west line of Sumner County. We allude to the fencing of nearly 200,000 acres of land that is now claimed by stockmen as their range, and for which they have paid the Cherokee Nation a tax for the privilege.

“Looking at the matter as a disinterested party in so far as our patrons and friends are concerned, it does seem to us where the parties have held the range for years, and for which they have never refused to pay, that they should have the first preference, if any privilege or preference is given, and the matter should be acted on at once if the parties interested mean to do anything to protect themselves.

“We have heard many violent and determined threats that if the rights they have paid for are ignored, that the posts and wire will be torn up and the whole country fired, the latter having already been carried into execution, and mile after mile of nicely cured grass has gone to the flames.

“We condemn this act as infamous beyond expression, for while it did not materially injure the monopoly that is causing the trouble, it damaged numbers of stockmen within the limits who were not in sympathy with the movement in any manner.

“Better come together like men and adjust the matter, if it can be adjusted; and if not, then go to work legally to test the authority of the men who claim the right.

“Unless the Cherokee Council decide that the wire is an ‘improvement,’ the fence is illegally there, and from the tenor of the Chief’s message to the Council, we think it is not an ‘improvement,’ and believe it what the Chief terms it, ‘an unbridled enterprise of some citizens that have led them into error, and requires the interposition of the Council to defend the common rights.’”

The Cherokee council met at Tahlequah in early December 1882, and passed a bill relative to fencing in the Cherokee Strip. It stipulated: “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.

“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.”

On December 6, 1882, Editor Standley had a news items relative to C. M. Scott, who had tendered his resignation as Scout for the State of Kansas in the Indian Territory on November 30, 1882, and entered into handling sheep with his partner, postmaster James C. Topliff, at a ranch on the line of Indian Territory located four miles south and two miles east of Arkansas City. “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.” Standley also had another item: “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.”

Soon after the Winfield Telegram revealed that Capt. Haight was called upon to settle a boundary line between two large pastures, one of which was the 190,000 acres leased by Col. Windsor of Titusville, Pennsylvania under the cover of the names of two Cherokee Indians; the other pasture, leased by Mills and Stevens, was being fenced.

On December 18, 1882, a stockmen’s meeting was held at Arkansas City, chaired by W. J. Hodges. O. O. Clendenning was appointed Secretary. Hodges 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, acting attorneys for the stockmen, in which the stockmen assembled at Arkansas City pledged themselves to abide by and aid each other to the utmost extremity in resisting the action of the fencing monopolies which were attempting to illegally force them from their ranges.

The resolutions were adopted and signed; and the following gentlemen, Messrs. F. M. Stewart, Drury 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.

On December 22, 1882, C. M. Scott had a consultation with Hiram Price, commissioner of Indian Affairs. Scott claimed that part of his Outlet range had been illegally fenced by a Cherokee citizen acting in behalf of the Pennsylvania Oil Company. “The company’s wire,” Scott said, “threatened to close United States mail routes across Indian Territory.”

Commissioner Price, after meeting with Scott, wrote to Secretary of the Interior, Henry M. Teller, urging an end to the unauthorized settlement and improvement of the Outlet. Price cited an interpretation of the 1866 treaty, issued two years earlier by the Attorney General, to support his contention that fencing on the Outlet was in violation of federal law.

On the day following C. M. Scott’s visit with Price, Standard Oil Company representatives met with Henry M. Teller, Secretary of the Interior, who declined to approve their lease to the land they proposed to fence south of Arkansas City at the Kansas State Line.

On December 29, 1882, Teller sent Price’s letter together with his own instructions to Secretary of War Robert Lincoln, who, upon written request from Agent John Tufts at Muskogee, was to dispatch troops to destroy “all improvements of every character” on the Cherokee Outlet, unless they were first removed voluntarily by the cattlemen who had constructed them. Price ordered Tufts to inform ranchers that fences, corrals, and dwellings should be dismantled within twenty days, or federal troops would be sent to carry out the order.

January 1883.

The order for removal of stockmen from the Cherokee Strip was rescinded by Secretary of the Interior, Henry M. Teller, on January 5, 1883, when he was approached by B. H. Campbell, who represented a syndicate of Chicago capitalists desirous of obtaining a lease of a tract of land thirty miles square in the Indian Territory belonging to the Cherokee and Cheyenne Indians. They proposed using the land for grazing cattle and agreed to cut only such timber as necessary to provide posts for wire fences to enclose the land. They offered $50,000 rental for the land. The Indians were represented as being anxious to enter into the arrangement.

The situation was summed up by The Commonwealth in Topeka.

“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.”

Arguments against such a lease were many. “The Cheyennes did not control any lands in Indian Territory; even if they did, neither they nor the Cherokees, jointly or separately, had anything to say about leasing lands in the Territory for grazing purposes; Secretary Teller had no authority to lease lands in the Territory for any purpose whatever. 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.”

On January 8, 1883, a special meeting in Topeka by the Stockmen’s Association of the Cherokee Strip took place, at which the following preamble and resolutions were adopted.

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.

The Arkansas City Traveler began to alert stockholders and citizens of events. Editor Standley wrote the following in his January 10, 1883, editorial.

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 Company,’ 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 by even so powerful a corporation as the Standard Oil Company.”

On January 17, 1883, the Traveler had more information.

“The Secretary of the Interior has called upon the Secretary of War for troops to tear down the wire fences in the Indian Territory, and the fence will have to go.”

“Major Lipe positively refused to grant the Oil Company any license on the country below us known by the Cherokee Strip Stock Protective Association, as ‘quarantine grounds,’ and says, (speaking of those who have paid the tax): ‘When anyone of them comes forward next spring to renew their license, he proposes to accept the money and issue the permit.’”

John Q. Tufts, the Indian Agent at Muskogee, was chosen by the Secretary of the Interior in January 1883 as special agent to investigate the rights of the Cherokees and cattlemen in fencing of the land west of 96. As a result, a special meeting of the Cherokee Strip Stock Association was held in Caldwell, Kansas, January 27, 1883. The object of the meeting was stated by the chair and letters were read by Mr. Tell Walton from E. M. Hewins concerning matters pertaining to the vital interests of the association. A committee of five was appointed to make a draft of the Cherokee Strip, showing the quarantine grounds, trails, fencing, etc.

February 1883.

The Cheyenne Reporter stated in early February that several heavy eastern capitalists and stockmen gained the consent of the Cheyennes and Arapahos to fence the western and southwestern portions of their reservation, who signed leases, covering bodies of grazing land of about 500,000 acres each, with the privilege of fencing the same and erecting the necessary ranch buildings and improvements. It was pointed out that the Interior Secretary would have to approve the unanimous action of the Indians for this grass-rental, which would bring in nearly $10 per capita for every man, woman, and child on the reservation.

Early in February Major Gore, superintendent for the Pennsylvania oil group, came back through Arkansas City to their ranch in Indian Territory. Senator Roberts, of Pennsylvania, accompanied by Mr. Windsor, shortly followed.

Editor Standley of the Traveler commented: “They 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 [Chicaskia] 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 [Chicaskia] 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.

“It begins to look now as though the wire fence will be built in accordance with the wishes of stockmen and the usages of the country. Time will tell.”

A week later Tell Walton, editor of the Caldwell Post, and Marion Blair, were in Arkansas City as a committee of the Stock Association to confer with local stockmen regarding wire fences.

John Q. Tufts, U. S. Indian Agent at Muskogee, Indian Territory, wrote a letter to C. M. Scott, asking that the grievances of the several parties in the Indian Territory, south of Arkansas City, be written and sent to him as he was unable to meet the parties at this place.

The Traveler reported on this meeting in its February 28, 1883, issue.

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.” 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 Muscogee [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.

March 1883.

Stockmen reported very small losses of cattle on the Cherokee Strip during the winter.

On March 1, 1883, it was estimated that 300,000 head of cattle were being herded on the Cherokee Strip. The owners of approximately 100,000 of these were not paying taxes to the Cherokees. During 1882 over 950 miles of fencing, belonging in the main to citizens of the United States, had been put in. These parties supplied gates for through traffic so that the fences did not interfere with legitimate travel or mail routes. Agent Tufts was of the opinion that the fences would be of incalculable good in restraining the cutting of timber, which had been ruthlessly going on in the past. He submitted a report to Hiram Price, Commissioner of Indian Affairs, in which he stated: “I respectfully recommend that the fences now on these lands be permitted to remain, and other parties desiring to fence be permitted to do so subject to the following conditions.

“1. Permission from the Cherokee Nation must be obtained.

“2. That no fences shall be erected within two miles of any post road.

“3. If any parties fencing their range cut or permit any timber to be cut within their pastures, they shall be subject to removal from the Territory and the fences destroyed.

“4. All fences shall be removed at once from the Territory whenever those in possession shall be notified to do so by the department.

“The effect of a settlement of this matter in this way will be that the Indian office will not be called upon every few months to remove from the Territory cattlemen who refuse to pay tax. The Cherokee Nation will collect double the tax; the destruction of the timber will be effectually stopped, and the young timber protected from fire.

“The only opposition I found to this fencing was from those who claimed that the timber on these lands belonged to anybody that got it, and from those who live in the States and own large herds of cattle on these lands and refuse to pay taxes. The Pennsylvania Oil Company, who attempted to fence without permission from the Cherokee authorities and enclose the ranges, and owners of small herds of cattle on which they had paid Cherokee tax, have agreed to settle with those whose ranges they had intended to enclose in their pasture, and obtain permission of the Cherokee authorities, or go elsewhere for their range.

“This arrangement satisfies Mr. C. M. Scott, and others, who complained to the Department of the action of the Oil Company, and if permitted to do so, will fence their ranges during the coming summer.”

Agent Tufts named the following companies or organizations claiming to own fences and the quantity of wire in each: Comanche pool, 55 miles; Bollinger & Schlupp, 60 miles; Drumm & Snyder, 50 miles; Miller & Pryor, 45 miles; George Thompson, 40 miles; S. & Z. Tuttle, 58 miles; Bridge & Wilson, 45 miles; Bates & Co., 33 miles; Hewins & Titus, 60 miles; Cobb & Hutton, 56 miles; C. H. Moore, 24 miles; George Miller, 72 miles; H. Hodgson, 35 miles; Dean Bros., 40 miles; E. M. Ford, 87 miles; C. H. McClellan, 72 miles; G. Greever, 60 miles; T. Mayhew, 37 miles.

March 6, 1883, marked the date of the third annual meeting of the Cherokee Strip Stockmen’s Association in the Opera House at Caldwell, 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 following resolution was adopted by the Association.

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 fully 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.

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.

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 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.

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.

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.

One of the members made the following comments: “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.”

On March 9, 1883, the “Cherokee Strip Live Stock Association” was chartered. Its object was to conduct a general live stock business in Kansas, other States, and the Territory. It was the Cherokee Strip Stockmen’s Association done over. The officers for the first year were Ben. S. Miller, president; M. R. Bennett, treasurer; E. M. Hewins, A. Drumm, A. J. Day, M. H. Bennett, Ben S. Miller, J. W. Hamilton, Charles H. Eldred, and E. W. Payne, directors. Its place of business was Caldwell.

By-Laws of the Cherokee Strip Live Stock Association.

ARTICLE I.

SEC. 1. The name and style of the corporation shall be “The Cherokee Strip Live Stock Association.”

SEC. 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, wheresoever 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 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 holding 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; 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.

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 the 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 or 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 said appeal; and the decision of said board of directors shall be final.

M. H. Bennett, Chairman of the Brand Book Committee, Cherokee Strip Live Stock Association, notified all members August 14, 1883, to send in a complete description of their stock brands, ear marks, location, of range, post office address, etc., for publication in the Association brand book. He noted: “One cut of animal, no charge; for each additional cut, two dollars must be sent. There is no cost to the individual member for first cut used.”

A description of C. M. Scott’s range was printed in the Arkansas City Traveler on March 14, 1883.

The two thousand acres of land on the State Line twelve miles east of this place, known as Scott’s range, is one of the most desirable locations for stock that we know of in this or any other section of country, and we are glad to know that gentleman will stock it with the best of cattle and horses. Adjoining it on the south is the Kaw Indian Reserve, where stock can roam at will. We know of no more beautiful sight than to see the herds grazing undisturbed on this elevated plain, when the earth is covered with a carpet of green for miles around. It is the home of the stockmen and land of the free. A little figuring will soon convince anyone that stock pays, and that too, largely accounts for the large number that are engaging in it. A cow worth $25 brings a calf worth $10 in one year, at a cost of only $3 for keeping the cow. A calf at $10 in one year is worth $20. In two years it is worth $30; and in three years brings from $40 to $60, which has cost not to exceed $10. There are losses, of course, but in many cases no occasion for it. Hold the cattle in the State during the winter where hay, corn, and fodder can be had and shelter provided; and it will pay forty percent on the money invested, from one year to another.

The “Pennsylvania Oil Company” was discussed in March 15, 1883, issue of the Caldwell Commercial.

We have learned that there is no such organization as the “Standard Oil Company” or the “Pennsylvania Oil Company” laying any claim to a range or doing any business on the Cherokee Strip. The firm all the fuss has been kicked up about is composed of W. B. Roberts and J. H. Windsor, and their cattle business has no connection in any way with any oil company on the face of the globe. As individuals, they have put their own money into the stock business, secured a defined range from the Cherokee Nation, and they have not sought in any way to infringe upon the rights of others. When they obtained the privileges of the range they now hold, Messrs. Roberts & Co., were informed by Major Lipe that the range was unoccupied, or if it was, the parties so occupying it were intruders, because they had never paid any tax to the Cherokee Nation. Now, if Messrs. Roberts and Windsor are treated fair, as they should be under the circumstances, they will do what is right by all parties concerned. But if there should be any attempt to coerce them, or trample upon their rights, they are not the men we take them to be if they quietly submit. Give them a fair deal, and the rights of all will be strengthened thereby.

On March 15, 1883, Mr. Hays and his partner, Pink Fouts, a stockman well known in the Arkansas City vicinity, sold the Willow Springs Ranch, directly south of Arkansas City, to Roberts & Co. The latter firm will run the stage station at the Springs, and in addition build a bridge across the stream at that point for the accommodation of travel in the eastern portion of the Cherokee Strip.

Several weeks later the following ad appeared in the Traveler. “Willow Springs Stock Ranch. Sheep, Horses, and 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.”

On March 29, 1883, the Caldwell Commercial informed its readers of recent events.

The following is published in the Cherokee Advocate of the 23rd inst. The letter bears date of March 16th, and it is somewhat singular that it never found its way into print until the 23rd. It reads very much as if the Honorable Secretary was making an effort to carry water on both shoulders.

INTERIOR DEPARTMENT, WASHINGTON, March 16, 1883.

To the Commissioner of Indian Affairs: SIR: I have considered your letter of the 15th inst., submitting with other papers the report of Agent Tufts on the subject of fences put up by cattle men on the lands in the Indian Territory west of 96 degrees west longitude, of which the Cherokee Indians have jurisdiction under the provisions of the treaty of 1868, between the United States and those Indians.

The Agent’s statement, that “where ranges have been fenced, the cattlemen neither cut timber themselves nor do they permit anyone to do so,” is not sustained by what appears to be the facts in the case, since the large quantity of posts required for nearly 1,000 miles of fencing already constructed, have nearly, if not all, been cut from those lands without authority and without payment therefor. No further fences will be permitted to remain except with the consent of and under proper and satisfactory arrangement with the Cherokee National authorities, to be secured within reasonable time to be fixed by you; failing in which, the order heretofore given for the removal of the fences will be at once enforced. Any person found cutting timber from these lands will be removed therefrom at once.

Very respectfully, H. M. TELLER, Secretary.

The Caldwell Commercial of March 29, 1883, had another article relative to interest by eastern parties in the cattle ranges.

“It would seem, if the letters of Major Lipe, Treasurer of the Cherokee Nation, are any criterion, that the so-called Pennsylvania Oil Company are not the only parties endeavoring to get the best of previous occupants on the Cherokee Strip. The St. Joseph Cattle Company, an organization of capitalists who went on the Strip last year, attempted to run out Peter Stewart, who held a range and had paid his taxes in a scope of country which the St. Joseph Cattle Company desired to take in. At first, the company sang low and soft to Mr. Stewart, and he was lulled into fancied security by their sweet music, until one fine morning they informed Stewart that his room was better than his company, and that the St. Joseph Cattle Company wanted all the range within the bounds of their fence.

“Mr. Stewart, being one of those hard headed Scotchmen, would not submit to the imposition, stood upon his rights, and communicated at once with the Cherokee authorities. The result was a letter to Mr. Stewart stating that he had the first right, and would be upheld in maintaining his range. The St. Joseph Cattle Company will therefore have to let Mr. Stewart severely alone, or fare worse.”

Reports from the range began to come in: “Cattle are causing some trouble by getting mired in the mud along the streams, and dying before assistance could reach them. Many of the animals are poor and weak, and when they are in search of water, and get in the mud, they have not sufficient strength to get out.”

May 1883.

On May 2, 1883, the Traveler commented: “It is said that the Oil Company will brand their stock O I L on the side. Everybody will know who it belongs to. But it occurs to us that this is Moffitt & Co.’s brand at Kiowa, Kansas.”

On the same date the Traveler announced that Tell W. Walton had severed his connection with the Caldwell Post.

The National party of the Cherokee Nation nominated Hon. D. W. Bushyhead for re-election as Principal Chief. On May 16, 1883, the Cherokee council (both Senate and House) passed by a small majority the bill leasing the Cherokee strip to the Cherokee Strip Live Stock Association for five years, for a consideration of $100,000 per annum. The bill was then sent to Chief Bushyhead and as he had recommended the leasing, there was no doubt of his approval.

Cherokee Lease.

An Act to amend an Act to tax stock grazing upon Cherokee Lands West of the 96th meridian.

WHEREAS, The unoccupied lands belonging to the Cherokee Nation, lying west of the 96th meridian, held for Indian settlement under the provisions of the 16th article of the treaty of July 19th, 1866, and set apart to produce revenue from grazing by the act to which this act is amendatory, and

WHEREAS, The authorities of the United States have called upon the authorities of the Cherokee Nation for the enactment of more complete regulations to prevent abuses thereon, and

WHEREAS, It is desirable that these lands should produce revenue nearly equal to their real value so long as they remain in possession of, and under the jurisdiction of, the Cherokee Nation, therefore

Be it Enacted by the National Council, That the Principal Chief be and he is hereby authorized and directed, to execute a lease for all the unoccupied lands of the Cherokee Nation being and lying west of the Arkansas river, to E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, Directors in trust for the Cherokee Strip Live Stock Association, for the term of five years, with the privilege of renewal in consideration of a yearly rental of one hundred thousand dollars for the entire tract.

Be it Further Enacted, That the said E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, Directors in trust for the aforesaid Cherokee Strip Live Stock Association, entering into the lease, obligate themselves that there shall be no permanent improvements on any portion of the lands so leased, and only such temporary structures as may be absolutely required for the safe and profitable grazing of the stock thereon, and that all such temporary improvements, including corrals or wire fences, are hereby declared and held to be property of the Cherokee Nation; and the said lease may be terminated on six months’ notice being given, in case the said land shall be disposed of by the Cherokee Nation. And the said parties leasing shall obli-gate themselves not to cut, use, or take any timber or other material from these lands but by agreement with the authorities of the Cherokee Nation, and in all cases to faithfully observe the Intercourse Laws of the United States, and that they shall do all in their power to prevent the stealing or removal of any timber or material from the lands so leased, by any other person or persons whomsoever, and further, that the tract herein leased shall not obstruct any mail or stage line or other necessary public highway; and said lease shall also contain a provision that on failure of said party leasing to meet all payments required by the lease, or in any other manner violating its express terms or conditions, the said lease shall be void, and may be so declared by the Principal Chief of the Cherokee Nation, which failure shall work forfeiture of any and all rights or interests therein; Provided, That none of the three salines reserved to the Cherokee Nation by act of Congress, or the land reserved therewith, shall be included in such lease, but shall be especially excepted therefrom.

Be it Further Enacted, That a perfect record of the lease authorized under the provisions of this act shall be kept in the office of Principal Chief, who is charged with the execution of said lease, and one in the office of the Treasurer of the Cherokee Nation, and a report thereof shall be submitted to the Council of the Cherokee Nation, at each annual session.

Be it Further Enacted, That should the lease herein granted be declared by the Principal Chief vacant by default, a fresh lease may be executed to any responsible company in accordance with the provisions of this act. And provided, That in default of any and all payments which may be due, the lease shall terminate, and all rights, privileges, or interests in any portion of such, or temporary improvements thereon shall cease.

Be it Further Enacted, That no person not a member of the Cherokee Strip Live Stock Association shall be permitted to graze any kind of stock upon any of the Cherokee lands, lying west of the Arkansas river, without the consent of said association, and the Principal Chief is hereby authorized to cause the removal of all such persons as intruders.

Be it Further Enacted, That said Cherokee Strip Live Stock Association by any or either of the before named directors shall within thirty days, after the approval of this act, by the Principal Chief, file with him in the Executive Department of the Cherokee Nation, their acceptance of the same; whereupon the Principal Chief shall cause to be issued to the said E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, directors in trust for the aforesaid Cherokee Strip Live Stock Association a lease in accordance with the provisions of this act.

Be it Further Enacted, That all acts or parts of acts in conflict with the provisions of the foregoing act is hereby repealed.

In the latter part of May, 1883, the board of directors of the Cherokee Strip Life Stock Association appointed A. M. Colson chairman of the Board of Arbitration, vice H. W. Timberlake, resigned. They ordered that the lands leased from the Cherokee Nation be divided into three divisions under the supervision of the Board of Directors, for the purpose of surveying, to ascertain the amount of territory occupied by members. The divisions were outlined.

“M. H. Bennett and J. W. Hamilton will have the supervision and power to employ a surveyor for the Eastern division, from the 96th meridian on the east to the Chisholm trail on the west, and from the state line on the north to the southern line of the Cherokee Territory.

“Major A. Drumm and Ben S. Miller will have the supervision and power to employ a surveyor, and supervise the same, from the Chisholm trail on the east to a line running north and south on the west line of the Texas Land and Cattle company on the west.

“Chas. H. Eldred and E. W. Payne will have power to employ a surveyor and superintend the same, from the line running north and south on the west line of the Texas Land and Cattle company, to the 100th meridian west, and from the south line of Kansas on the north to the south line of the Cherokee country.

“The expenses of surveying each range must be paid for at the time the surveying is done, by the person occupying the range.”

Soon after May Tell Walton came up from the round-up. He announced that work on the first division had commenced at Colson’s range.

June 1883.

During the first week of June, Tell Walton sold his mares and colts to parties who shipped them north. Within a week Mr. Walton purchased 67 horses from J. S. Tate & Bro., which he sold within a few days to Mr. A. Dorsey.

On June 12, 1883, the Arbitration Board of the Cherokee Strip Live Stock Association met with the stockmen. Some of those in attendance were listed: 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. 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, Caldwell; John Tucker, Wichita; W. J. Hodge and J. H. Tornberien, Winfield; Capt. Nipp, C. M. Crocker, D. F. Fagins, Tipton Brothers, Arkansas City; W. Wicks, Hunnewell; and Pink Fouts, Willow Springs.

After the meeting on June 12^th, Dr. and Mrs. Roberts, and Col. and Mrs. Windsor, and son, of Titusville, Pennsylvania, spent several days on their Territory ranche at Willow Springs, after which they took the train at Arkansas City and returned to their eastern home. Col. Windsor accompanied them as far as Wichita, and then returned to Arkansas City to look after business interests.

D. W. Bushyhead, Principal Chief of the Cherokees, sent a telegram from Washington, D. C., June 14, 1883, to the editor of the Vinita Chieftain, at Vinita, Indian Territory.

“Conveyances for occupied lands west of ninety-six degrees signed today. Money to be expended under act of council.”

The Arbitration Board of the Cherokee Strip Live Stock Association resumed the task of settling disputes over ranges and range lines on June 15, 1883.

The first case before the Board was that of J. A. Hammers & Co., against Northrup & Co. After a portion of the evidence had been given, the parties, by advice of the Board, settled the dispute among themselves, and to the satisfaction of all concerned.

The next one was the Salt Fork and Eagle Chief Pool vs. Broadwell & Co. This case occupied the entire day, the decision of the Board being that Broadwell was entitled to a range of 15,000 acres.

The next one was the Salt Fork & Eagle Chief Pool of the Texas Land and Cattle Company. This was a dispute about water on Sand Creek, and the Board, after hearing the statements from both sides, divided the creek equally between the two.

The case of Windsor & Roberts vs. Hodges & Stewart, owing to the absence of the defendants, was continued until the next meeting of the Board.

The case of B. H. Campbell vs. Bates A. Thompson was continued until the next meeting.

The case of John Love & Son vs. Standard Oil Co., Pink 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 paid for 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.”

The case of Crocker vs. Hollenback was reported as compromised.

The case of P. J. Burroughs vs. Richmond was decided by giving Burroughs a strip of two miles bordering on the Nez Perces reservation and claimed by Richmond.

On Friday morning the case of Colson & McAtee vs. Rees & Stoller was called and continued until next regular meeting.

On Monday, June 18, 1883, the Board reassembled and remained in session until Tuesday afternoon, and adjourned to meet at the call of the President. The cases disposed of were Casteen & McDonald vs. J. W. Hammers & Co. The decision of the Board was that Casteen’s range be as follows: “Commencing on the State line one fourth of a mile west of the sheep camp on Middle Crooked Creek; thence south to the old Manning & Nicholson fire guard; thence west on line of the guard to Rhodes east line.”

The case of M. Blair & Co. vs. Windsor Bros. was continued until next meeting of the Board.

Only two appeals were filed with the Board: that of Broadwell against the decision of the Board in the case of the Salt Fork & Eagle Chief Pool vs. Broadwell; the other the appeal of J. P. Richmond in the case of Burroughs vs. Richmond. With the exception of these two cases, all the decisions of the Board have given satisfaction so far as we can learn.

July 1883.

On July 5, 1883, the “Cherokee Strip Lease” was made by and between the Cherokee Nation and the Cherokee Strip Live Stock Association. No reference was made to wire fences.

THE CHEROKEE STRIP LEASE.

A Full and Correct Copy.

Duly Signed by the Contracting Parties.

THIS INDENTURE made this fifth day of July, in the year of our Lord, one thousand eight hundred and eighty-three (1883), by and between Dennis W. Bushyhead, Principal Chief of the Cherokee Nation, for and on behalf of said nation, party of the first part, and

E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, Directors in trust, for and on behalf of the Cherokee Strip Live Stock Association, a corporation organized and existing under and by virtue of the laws of the State of Kansas, for themselves as directors in trust, their successors in trust, and assigns, parties of the second part, witnesseth:

That the said party of the first part for and in consideration of the rents, covenants, and agreements hereinafter mentioned, reserved and contained on the part, and in behalf of the party of the second part, and their successors in trust, and assigns, to be well and faithfully kept and performed, doth by authority of law in him vested, as Principal Chief, by and through an act of the National Council, which said Act is entitled, “An Act to amend an Act to tax stock grazing upon Cherokee Lands west of the 96th meridian, approved in special session May 19th, A. D. 1883, which said act is specially referred to, and made part of these presents, does by these presents, lease for grazing purposes only, unto the aforesaid E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, directors in trust as aforesaid, their successors and assigns, parties of the second part, all and singular, the unoccupied lands of, and belonging to the Cherokee Nation, being and lying west of the 96th meridian, and west of the Arkansas river, not including any portion occupied, sold, and conveyed to the Pawnee, Poncas, Nez Perces, Otoes, and Missouris, Osages, and Kansas Indians, or the Salines, set apart to be leased separately under act of Congress, approved August 7th, A. D., 1882, as hereinafter set forth; the said portion herein leased for grazing purposes containing six million (6,000,000 acres) of acres of land, more or less, and lying east of the one hundredth meridian (100 meridian) and the said hereinbefore named parties of the second part, their successors and assigns, shall, for the purposes herein set forth, have and hold the above mentioned and described premises from and after the first day of October, one thousand eight hundred and eighty-three (1883) for, and during the term and period of five years, thence next ensuing from said date, subject to the qualifications, restrictions, and forfeitures, hereinafter provided for, and upon yielding and paying for the same, the amount of money as hereinafter provided for. And the parties of the second part, the said E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, directors in trust, as aforesaid, hereby covenant and agree on behalf of themselves, as such directors in trust for said Cherokee Strip Live Stock Association, their successors in trust and assigns, and not otherwise, in consideration hereof and of the leasing aforesaid, to pay on the order of the Principal Chief aforesaid, into the Treasure of the Cherokee Nation; at Tahlequah, Indian Territory, yearly, and for each and every one of said five years, the annual sum of one hundred thousand dollars ($100,000) lawful money of the United States, the same to be paid in two equal, semi-annual payments, to be made, and so paid in advance, to wit: on the first day of October and first day of April, in each and every year during the said term. Provided always, and it is further covenanted and agreed between the said parties hereto, that if the said semi-annual payment in advance or any part thereof shall remain unpaid after the expiration of thirty days after the date, the same shall become due as herein agreed to be paid, or if default shall be made in any of the covenants hereinbefore or hereinafter set forth, or as contained and required by the act of the National Council, approved May 19th, A. D., 1883, aforesaid, on the part and in behalf of the said parties of the second part, then and from thence forth it may be lawful, and is agreed that said Principal Chief, or his successors in office may declare this lease to be forfeit and annulled, and the said party of the first part may enter into and resume possession of the premises herein leased.

And it is further agreed, in accordance with the act of said Cherokee Council, that in case the lands herein before described, or any part of them included in the terms of this lease, shall be disposed of under present existing laws or laws hereafter to be passed by the Congress of the United States, by the said Cherokee Nation, that on the party of the first part giving six months notice thereof to the party of the second part, that then and in that event, the terms and conditions of this lease, and the lease thereof shall terminate, on the expiration of the said six months from the date of said notice, to all or any portion of said tract of unoccupied Cherokee land, thus sold or disposed of, and the parties to whom the said lands or any portion of them should then be disposed of or sold to, may enter into and take possession of the same, but then, and in that event the said party of the second part, their successors and assigns, shall not be chargeable with rent on the lands so sold, but shall be allowed a rebate on all subsequent payments; made on account of this lease at the rate of one and two-thirds (1-2/3) cents per acre per annum on the lands so sold or disposed of.

Further, it shall be the privilege of said party of the second part, their successors and assigns, to erect on said lands such fences, corrals, and other improvements as may be necessary, and proper, and convenient for the carrying on of their business, and for utilizing said lands for the purpose for which they are leased.

And in case this lease shall be terminated as to all or any part of said lands, by the disposal of the same as heretofore provided and set out, the said party of the second part shall have the right to remove all of said improvements, fences, and corrals, except such portions thereof as may be made from the timber or other property of the Cherokee Nation, or timber for which has been obtained from the aforesaid tract.

It shall further be the privilege of said party of the second part, their successors and assigns, to cut from the territory herein leased, such timber as may be necessary for building the fences, corrals, and improvements heretofore authorized to be erected on said leased premises, and to cut from said lands such timber as may be necessary for firewood and fuel, but not otherwise, and to commit no waste thereon.

And the said party of the second part doth further covenant and agree with the said Dennis W. Bushyhead, as aforesaid, and as parts and conditions of this lease or contract, well and truly, and without deduction or delay, to make all payments as required in the foregoing, in the manner limited and prescribed; and in case of any failure as aforesaid, the said party of the second part agrees that they will peaceably surrender the premises herein leased, and all improvements and erections thereon. And the said party of the second part, their successors and assigns, further agree and obligate themselves, and this is one of the conditions of this lease, to make no permanent improvements (the improvements, the right to make which is hereinbefore granted, being temporary improvements) on the aforesaid premises or leased tract, and only temporary improvements, as authorized by the act of the Cherokee Council approved May 19, 1883, hereinbefore referred to; and on the expiration of the lease, or its being declared forfeited by default in the payment, as hereinbefore provided, then, and in either event, all improvements, structures, or erections thereon shall be and become the property of the Cherokee Nation, and said Nation shall have possession of the same, and all and singular of such erections and improvements shall absolutely revert to, and become the property of, said Cherokee Nation, party of the first part.

And the said party of the second part further covenants and agrees with the said party of the first part, as one of the conditions of this lease, that they will cut no timber for removal from said lands, or take or remove any material or property being part of the premises so leased, or remove or ship material therefrom, and that they will use all due diligence to prevent the cutting or removing of any timbers or other material therefrom, and that they will faithfully observe the Intercourse laws of the United States; that they will obstruct no mail or stage line, and that they will not interfere with the Salines, located, or to be located, under the provisions of the act of Congress before mentioned, approved August 7, A. D. 1882.

And it is agreed between the parties of the first and second parts, that the grounds excepted and reserved from, and not included in, the terms of this lease, necessary for the manufacture of salt at the said Salines, may and shall not exceed in the aggregate, for said Salines and all of them, one hundred thousand acres, with a right of way to and from said Salines, such as may be required properly to work them. And the party of the second part do hereby obligate themselves, for themselves as directors in trust aforesaid, their successors and assigns, well and truly to observe and faithfully execute all and singular of the foregoing agreements and covenants, which are declared to be part of the agreement in consideration of which this lease is granted.

And the said party of the first part, Principal Chief of the Cherokee Nation, in accordance with the act of the National Council as aforesaid, and on condition of the faithful payment of the sums of money, as hereinbefore stipulated, in the manner and with the conditions hereinbefore prescribed, and as the further condition that the said party of the second part will well and truly fulfill all the conditions, covenants, and agreements herein set forth, doth covenant and agree by these presents that the said E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drumm, E. W. Payne, and Charles H. Eldred, directors in trust for the Cherokee Strip Live Stock Association, their successors in trust and assigns, shall, and may at all times during the said term, subject to the conditions as aforesaid, peaceably hold and enjoy all the privileges of lease on the said premises, free, clear, and harmless, from any let or hindrance whatsoever, together with all privileges and rights of said party of the first part in reference to the same according to law and treaty stipulation.

Signed and sealed this 5th day of July, A. D. 1883.

D. W. BUSHYHEAD, Principal Chief of Cherokee Nation.

E. M. HEWINS, J. W. HAMILTON, A. J. DAY, S. TUTTLE, M. H. BENNETT, ANDREW DRUMM, BEN S. MILLER, E. W. PAYNE, CHARLES H. ELDRED, Directors of Cherokee Strip Live Stock Association.

Within days the Board of Directors began its session.

We, the directors of the Cherokee Strip Live Stock Association, now in session, request all members of this Association owing taxes to the Cherokee Nation for grazing on said strip, up to the 1st day of October, 1882, to pay the same at their earliest convenience, to D. W. Lipe, treasurer and collector of said Nation, at Caldwell, Kansas.

Resolved, That what is now known and mapped out by the committee on quarantine grounds, as quarantine land, south of Caldwell, Kansas, be and the same is by this Board of Directors declared to be for the use of shippers of marketable cattle, and that no member of this Association or other person shall fence or be permitted to fence on said land for any other purpose than the purpose herein mentioned.

Moved and carried that the trail heretofore known as the Fort Griffin and Dodge City trail, running north through the western portion of the Cherokee Strip be, and the same is hereby fixed at three miles of an average in width through the Strip, and that members of this Association who fence their ranges joining on this trail shall leave one and a half mile on an average, to each side from the center of the trail.

The action of the board, on the quarantine grounds, and the trail to Dodge City and the Fort Griffin trail is highly commendable, and will give great satisfaction to through drovers. It shows that the Association is determined to respect the rights of all parties engaged in the cattle business, and affords every facility for marketing stock at such points, as owners may deem proper for their best interests.

The case of Windsor & Roberts vs. Love & Son, on appeal of the latter from the decision of the Board of Arbitration, the Board of Directors sustained the decision of the Arbitrators, to the effect that Love & Son, having failed or refused to pay taxes to the Cherokee Nation for pasture privileges, had no range rights.

The case of Burroughs vs. Gardenhire, next claimed the attention of the Board, the Arbitrators having decided that Burroughs was entitled to a strip two miles wide adjoining the west side of the Nez Perces reservation. The testimony before the Board of Directors was to the effect that Burroughs had obtained a grazing permit from the Cherokee Tax Collector, but through misrepresentation. The decision of the Arbitrators was therefore reversed; thus leaving Burroughs without a range.

The Board of Arbitrators began settling up eighteen more disputes about ranges on July 5, 1883. 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 case of Colson & McAtee vs. Campbell Lynch. Mr. Colson being an interested party, withdrew from the Board and Mr. D. Donovan was appointed in his place pro tem. After hearing the testimony, the Board divided the ground in dispute equally between the two parties.

P. S. Burroughs vs. G. W. Gardenhire. The Board gave Burroughs a strip about two miles wide, considerably less than he claimed.

Cases No. 6, 7, 8, and 9, being those of J. V. Andrews vs. R. H. Campbell, Conner, Tucker, Mills, Blackstone, Sterns, Kennedy & Co., and Creswell & Co. The defendants failed to appear on two adjournments, and ample notice. The Board therefore decided that defendants were not entitled to any rights on range claimed by Andrews.

The next in order was the case of H. Hoskirk vs. McLain & Foss. Settled by agreement.

Next case was that of B. H. Campbell vs. Bates & Co. The Board decided that Bates & Co., were not entitled to any of the range in controversy outside of their present pasture fence, and that the defendants were entitled to all range inside their fence.

C. Lynch vs. Crane & Larimer, next occupied the attention of the Board. The decision was to the effect that Mr. Lynch was entitled to all the range claimed.

The following cases were continued, until next meeting of the Board.

Bridge & Wilson vs. Windsor Bros.

Robert Estock vs. Rees & Stoller.

Mr. Chambers vs. Windsor & Roberts.

The case of Lynch vs. Crane & Larimer was appealed to the Board of Directors.

P. M. Chase vs. Ewing & Lamont. Decision in favor of Chase, and notice of appeal filed by Ewing.

Northrup & Stevens vs. Ben Garland. Decision in favor of Garland. In this case the new order of the Board of Directors went into effect, and the testimony was taken down in writing.

Northrup & Stevens vs. I. B. Gilmore. Decision favorable to plaintiffs, which leaves Mr. Gilmore without a range.

F. Y. Ewing vs. The Salt Fork and Eagle Chief Pool. The decision of the Board was to the effect that the fence between the Pool and Ewing should be the permanent line between the ranges of the parties in contest.

The following cases before the Board were continued until its next meeting.

1. Windsor & Roberts vs. Beach & Welch.

2. Same vs. W. W. Wicks.

3. Same vs. Estes & Bros.

4. Same vs. Tomlinson & Webb.

5. Peter Stewart vs. The Wyeth & St. Jo. Cattle Co., E. M. Ford, Manager.

6. O. D. & H. H. Halsell vs. E. M. Ford.

On July 11, 1883, John A. Blair, Secretary of the Board, had a “Notice to Appellants” published: “In all cases appealed to the Board of Directors from the Board of Arbitration, the party who takes the appeal will be required to pay, at the time of the rendition of the decision, at the rate of fifty dollars per day for the time occupied by the Board of Directors in hearing and determining the case.”

On the same day the Board of Directors of the Association sustained the decision made by the Arbitrators in favor of Lynch, in the case of Crane & Farringer vs. Lynch. The Board of Directors then adjourned until the first Monday in September.

On July 12, 1883, A. M. Colson, Chairman of the Board of Arbitration, had a “Notice to Contestants” published, which informed all parties interested in new or continued cases to appear at the next session with their witnesses or statements bearing upon the points in dispute.

The Arkansas City Democrat commented in the latter part of July: “The indications are now that there will be trouble in the Indian Territory between the “small stockmen” and Pennsylvania Oil Company. Already things are assuming a war-like appearance; so far we have been unable to learn any facts in regard to affairs, but next week we will try to give our readers some light.”

On July 26, 1883, the Caldwell Journal began to receive reports that parties had been killing sheep and driving stock off the range of Roberts & Windsor, on Willow Creek, south of Arkansas City. “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.

August 1883.

The Caldwell Journal reported the return in early August of Tell Walton to take a little rest and renew his acquaintance with his wife and baby. “In forty days, the time employed until he left the range, he has run over 400 miles in surveying the lines for pastures in the middle division of the Strip. He has considerable more work to do, and will return next week.”

Arkansas City Traveler, August 8, 1883.

Big Lease. Last week was consummated the final arrangements between the Kaw tribe of Indians and our townsman, T. J. Gilbert, by which the latter gentleman becomes the lessee for ten years of one-half of the Kaw Reservation, a tract of land embracing some 50,000 acres of fine grazing land. This will be of great benefit to the Indians as they will now realize a rental of about $2,100 per year whereas heretofore they have not realized over $300 per year from this land. The other half of their reservation will be fenced in and used by the tribe as a stock range. At the meeting of the council of the tribe to take action on this matter, the following was submitted, which will explain itself.

“Our reasons for asking that this lease be made are: 1st, we do not or cannot occupy it or cultivate it; 2nd, it will effectually keep out objectionable persons who would otherwise occupy it; 3rd, we will thereby receive the greatest possible remuneration for use of said tract of land.”

On August 16, 1883, the Caldwell Journal stated: “The triumph of the Bushyhead party in the Cherokee election gives the quietus to the gee string party and settles the question of the Cherokee lease. At the Cherokee election held last week, D. W. Bushyhead was elected Principal Chief by about 500 majority.”

At the Board of Arbitration session in August, Mr. Colson not being able to serve, Ben. Garland was appointed in his place pro tem. The first case called was that of Peter Stewart vs. The St. Joseph Cattle Co., E. M. Ford, manager. Monday and Tuesday was consumed in taking testimony, and Tuesday night the Board decided in favor of Mr. Stewart, giving him the range claimed, being six by seven miles.

C. M. Scott went to Caldwell to appear before the board of arbitration of the Cherokee Strip Live Stock Association at their August session.

The Board of Arbitration decided the following cases.

St. Jo. Cattle Company vs. E. M. Ford, manager. Board decided that to the St. Jo. Cattle Company belonged all the range north of Red Rock 4D pasture, except such range heretofore given to Peter Stewart. Ford to be paid for the fence.

Bridge & Wilson vs. Windsor Bros. Board gave all the range in controversy to Bridge & Wilson.

M. Chambers vs. Roberts & Windsor. Settled by compromise, defendants giving plaintiff all the range he claimed.

Roberts & Windsor vs. Beach and Welch. The latter were given a range 3½ by 4 miles on the head of Wolf Creek.

Roberts & Windsor vs. W. W. Wicks and same against Estus Bros. The Board gave defendants in these two cases a combined range of 24,000 acres.

Northrup & Stevens vs. Doubleday & Co. Board decided in favor of plaintiffs. The defendants gave notice of appeal to Board of Directors.

The case of Roberts & Windsor vs. Tomlin & Webb was compromised.

R. R. Owens vs. Andrews, A. Gorham, J. M. Day, Spencer & Drew, H. Kollar, Reed, Ward, and Byler, continued.

The Arkansas City Traveler on August 29, 1883, commented, “The board of arbitration, recently in session at Caldwell, allowed Mr. Chambers his range on the state line, but cut the Estus brothers’ range down nearly one-half, as they also did that of Mr. Wicks. Mr. Beach was allowed nearly all of his. We learn that several of the cases will be appealed to the board of directors.”

September 1883.

The treasurer of the Cherokee Nation, D. W. Lipe, sent out a notice to occupants of Cherokee Strip Lands, advising that all persons not having a licence by September 26, 1883, would be reported by him to the Interior Department as intruders; furthermore, their range rights would be disputed by him before the board of directors of the Cherokee Live Stock Association at their meeting on the next day at Caldwell, at which time more arbitration matters were to be settled.

In September 1883 stockman holding cattle between Chilocco Creek and the State line were very uneasy about Osage Brown bringing a herd through that vicinity for fear that Texas fever would appear among their herds.

Roadways through the strip became a subject of much importance. Complaint was made by a number of papers about a lease by a company of stockmen (Drumm, Hewins, Eldred, and associates) of about six million acres from the Cherokees for grazing purposes, with no material restrictions except as to timber and the three salt springs and their approaches on this land. One newspaper commented about this lease to directors of the Cherokee Strip Live Stock Association. “This company acquired the right to utilize, for their own benefit, every foot of land on which they paid a rental fee. They have no right to close up a well established highway such as a mail or military route, of ordinary width, but it is entirely optional with them whether they do more. An open way four miles wide would contain 2,560 acres per mile, or 128,000 acres for 75 miles—a district capable of sustaining upwards of 8,500 grown cattle or horses at the low estimate of 15 acres per head.”

The fear of prairie fires kept cattlemen constantly busy plowing fire guards around their pastures on the Cherokee Strip.

On September 27, 1883, the Board of Directors of the Cherokee Strip Live Stock Association received reports from the surveyors selected to run the lines of the pastures in each of the three divisions, and to fix the amount to be assessed against such holder, and make a levy to raise the first semi-annual payment to the Cherokee Nation.

It was learned that S. T. Wood, surveyor of the eastern division, had not completed his survey of 1,909,000 acres in order to obtain the exact number of acres in that division.

Tell W. Walton completed his job of surveying the ranges in the middle division. His survey showed an area of 1,764,446.49 acres with 23 ranges in the middle division, running from 8,500 to 299,526 acres. All but three ranges were entirely enclosed with barbed wire fencing, and those were fenced on each side.

Mr. C. H. Burgess had the east half of the western division; Fred Erkhart, in charge of the west half of the western division, had not completed his survey, which comprised 1,108,390 acres.

The reports showed a total of 4,781,865.49 acres surveyed and platted on the Strip. It was contemplated that when all the surveys were completed, there would be a total acreage that would exceed 6,000,000 acres.

From these reports, the Board levied an assessment of two cents an acre upon each occupant, in order to meet the first semi-annual payment to the Cherokee Nation, and to meet other expenses.

October 1883.

The Cheyenne Transporter, well known to cattlemen, stressed the importance of brands.

“There are two or three parties in this country who think their brands are ‘too well known already,’ and that it is not good policy, more especially for small owners, to make their brands and range locations known through the papers. If it is policy for the large owners, it is doubly so for the smaller possession in stock to make public their brands, as they have not so many men in the field to look after their interests. It is of vital importance to make public all brands, so that every honest worker knows whose they are and where they belong, as otherwise he may not consider it to his interest to inform himself, as he is busy in his appointed tasks. But the only thief to be feared is the best posted man in the range, and to be successful, he must and does know every brand, large or small, and to what part of the range it belongs. The ‘rustler’ knows your brands already, even if your herd numbers only a dozen head, for that is business; but you must constantly remind the honest toilers, else they will forget, and neglect to gather in. A brand is never ‘too well known already.’”

Messrs. C. H. Burgess & Tell W. Walton prepared a map of the ranges on the Cherokee Strip, made up from surveys by the various parties engaged in that work. The Caldwell Journal notified the public about the map on October 4, 1883. “No time should be lost in making subscriptions, as no extra copies will be published. If the plats made and submitted to the Directors are any criterion, the map will not only be a beauty, but a necessary adjunct to every well governed ranch.

Caldwell Journal, October 4, 1883.

Cherokee Strip Live Stock Association.

At a regular meeting of the Board of Directors of the Cherokee Strip Live Stock Association, held in Caldwell on the 3rd day of October, 1883, the following action was had.

On motion of A. J. Day, seconded by A. Drum, it was ordered that a committee of four, consisting of Ben S. Miller, S. Tuttle, E. M. Hewins, and J. W. Hamilton be appointed on quarantine grounds, in place of the old committee, who are hereby discharged; and that said committee have full power to lay off and define quarantine grounds.

The following resolution was adopted.

Resolved, That the Hunnewell quarantine grounds shall be bounded on the north by the Kansas state line, on the west by Forsythe Bros., Moore & Rohrer, and G. W. Miller’s fences; on the south by the Nez Perces reservation; on the east, by Helm & Horseley’s fence. The Caldwell quarantine ground shall be bounded on the north by the Kansas state line; on the west by Garland & Corzine’s fence, and run due north to State line; on the south by J. A. Blair’s fence; on the east by W. E. Malaley, Bower Bros., Barefoot & Santer, Moore & Rohrer, and D. T. Beals. J. A. BLAIR, Secretary.

Caldwell, October 3, 1883.

Caldwell Journal, October 4, 1883.

C. S. L. S. ASSOCIATION.

Notice in Regard to Rewards.

CALDWELL, KANSAS, September 29, 1883.

At a meeting of the Board of Directors of the Cherokee Strip Live Stock Association, held this day, it was ordered by the Board that all rewards heretofore offered by the Cherokee Strip Live Stock Association for the arrest and conviction of persons stealing stock from members of this Association, be, and are from this day, revoked.

BEN S. MILLER, President.

Attest: JOHN A. BLAIR, Secretary.

Arkansas City Traveler, October 10, 1883.

Fred Whiting, of Winfield, was in the city Saturday, on his way home from the Territory, where he had been buying stock.

Arkansas City Traveler, October 10, 1883.

Look Out for Ticks. An old stock man says that when cattle are found with large fat ticks on them, it is almost a sure indication the cattle are from the southern country and liable to communicate fever or have been running with cattle that brought the ticks from the south. And further, that any cattle having such ticks on them are almost sure to have Texas fever.

Caldwell Journal, October 11, 1883.

Chief Bushyhead has appointed R. M. Wolfe and Chas. Starr to complete the surveys and locations of springs on Cherokee lands.

Caldwell Journal, October 11, 1883.

Cherokee Strip Live Stock Association.

The following are the public proceedings of the Board of Directors of the Cherokee Strip Live Stock Association since the last issue of the JOURNAL.

F. Y. Ewing vs. Salt Fork and Eagle Chief Pool. Board decided the line between Ewing and the Pool to be as follows: Beginning at a point where the present fence crosses Big Boggy, thence direct to the point where the present fence reaches its most southerly point; thence along said fence to the point where said fence joins Streeter’s southwest corner. Also, that F. Y. Ewing shall allow the Salt Fork and Eagle Chief Pool $150.00 expense for moving fence.

The resignation of D. R. Streeter of the Board of Arbitrators was accepted, and Ben. Garland appointed in his place.

I. B. Gilmore vs. Northrup & Stevens. Decision of Board of Arbitrators affirmed, and that Northrup & Stevens are to pay Gilmore $150 per mile for what fence he built.

In the case of Hammers & Co., vs. C. Lynch, decision of Arbitrators affirmed.

Tracy, Doubleday and others, vs. Northrup & Stevens. Decision of Arbitrators affirmed, giving Northrup & Stevens the range claimed by them.

On Friday, the Board adjourned until Nov. 13th, at which time all cases of appeal to the Board will be settled. Parties having appeals must be promptly on hand, as it seems to be the intention of the Board to close up all contest business at their next session.

Caldwell Journal, October 11, 1883.

Northrup & Stevens have turned over their range and farm to Treadwell & Clark [?]. The sale was made some time ago, but the transfer was not made until some range disputes were settled.

Caldwell Journal, October 11, 1883.

BOARD OF ARBITRATORS.

Decisions Rendered.

The Board adjourned last Friday until the 13th of November. The following is the action of the Board during its late session, as furnished by the clerk, Mart Miller.

McDonough & Co., vs. Geo. A. Thompson. Decision, Geo. A. Thompson was entitled to all the pasture inside his pasture. No appeal taken.

Hammers & Co., vs. Ben. Garland. Tried by special board of arbitration. Range viewed by board. Decision, Ben. Garland entitled to all range inside of his fence. No appeal taken.

T. C. Gatliffe vs. J. P. Richmond. Case dismissed on the ground that Gatliffe was not a member of the Association.

Manning & Montague vs. Larimer & Crane. Case withdrawn by plaintiffs.

R. L. Owens vs. J. V. Andrews, same against Arthur Gorham, J. M. Day, Spencer & Drew, Hi Kollar, Reed, Word & Byler. Compromised and settled in all cases.

Gregory, Eldred & Co., vs. Comanche County Pool. This case occupied four days, some forty witnesses being examined, and a pile of affidavits thrown in to confuse the minds of the Board. The Board, out of the mass of testimony produced, decided that Gregory, Eldred & Co., were entitled to a range described as follows: Beginning at the line of the State of Kansas, at the southwest corner of Gregory, Eldred & Co.’s pasture; running thence south to where East Greenwood merges into main Greenwood; thence south to the Comanche County Pool fence; that Gregory, Eldred & Co., shall pay the Comanche County Pool for all fencing east of the aforedescribed line, and the Comanche County Pool shall pay one-half the fencing on the west line. Appeal taken by Comanche County Pool.

H. Stunkle vs. Hammers & Co., same vs. Northrup & Stevens. Cases continued until the next meeting of the Board of Arbitrators, at which meeting these last two cases will be dismissed, for the reason that since their continuance the Board of Directors of the Association have decided that H. Stunkle is not entitled to membership in the Association, and have ordered their treasurer to return to said Stunkle his membership fee, notifying him at the same time of the decision of the Board.

M. H. Northrup vs. Bridge & Wilson. Board decided that Northrup was entitled to the right of holding 400 head of cattle in Bridge & Wilson’s pasture, said Northrup paying his pro rata share of all expenses connected with said pasture. Whenever Northrup refuses to pay his share of the expenses, he shall forfeit his rights within said pasture.

Dominion Cattle Company vs. New York Cattle Company. Case continued on special agreement of parties in contest.

A. L. Raymond vs. Geo. A. Thompson. Compromised and withdrawn.

The Board adjourned on Saturday morning until November 18th, at which time all cases must be brought forward and settled.

The Board has had a most arduous and disagreeable task in hearing the cases brought before them, and in every instance have endeavored to mete out even and exact justice to all without regard to fear, favor, or affection.

On Friday D. R. Streeter tendered his resignation as a member of the Board, and, as stated elsewhere, Ben Garland was appointed in his place by the Board of Directors. Mr. Streeter, while a member of the Board of Arbitrators, performed his duties in the most conscientious manner, convincing all parties that his only object was to ascertain the exact facts in every case brought before the Board, and then decide accordingly. Not only his associates on the Board, but everyone who has come in contact with him, either in a private or official capacity, speak in the highest terms of his manliness, integrity, and affability which marks him as a true gentleman.

Caldwell Journal, October 11, 1883.

Milt Bennett left for the Washita on Monday to look after those cows he bought of Hewins.

Caldwell Journal, October 11, 1883.

Hon. C. V. Rogers, an influential citizen of the Cherokee Nation, was in the city last week, returning on Friday.

Caldwell Journal, October 11, 1883.

Major Drumm started for his ranch Saturday afternoon, to rest for a few days, and start a bunch of beeves for market, we surmise.

Caldwell Journal, October 11, 1883.

M. H. Bennett, treasurer of the Cherokee Strip Live Stock Association, returned on Friday, having completed his mission of paying over to the treasurer of the Cherokee Nation $50,000, being the amount due on the first semi-annual payment on the lease of the Strip.

One week ago last Friday morning, Mr. Bennett commenced receiving the money from the members of the Association, and before night had taken in over $80,000. On Saturday morning, accompanied by City Marshal Henry Brown, he started for Kansas City, where he had a check cashed, and expressed the money to Muskogee, he and Brown going on the same train. Arriving at Muskogee, Mr. Bennett could not find anyone to identify him at the express office, and had to drive over to Tahlequah, where he found Judge Geo. O. Sanders. The latter returned with him to Muskogee, where the cash was received and taken to Tahlequah. The distance between the two places is about 35 miles, over a road none the best, and lined on each side with brush a good portion of the distance. Milt says the trip is the most disagreeable one he ever made in his life, and nothing could induce him to repeat the experience. Notwithstanding the assurance he received that the road was perfectly free from all highwaymen or would-be robbers, all the time he was on the road, a suspicion prevailed in his mind that a half dozen men were liable to jump out of the brush at any time and compel him to throw out the grip containing the money.

The provision in the lease requiring the Association to pay the lease money in cash at the Capital of the Nation is a very foolish one, because the money has to be sent to St. Louis, where it is kept on deposit for the benefit of the Nation. It might just as well be paid in St. Louis at first, thus saving an expense to the Association, and also to the Cherokees.

Caldwell Journal, October 18, 1883.

Sam Garvin writes us that it is a mistake about M. H. Bennett purchasing a lot of cattle on his range. As Mr. Bennett is below now looking after some cattle he did purchase, we can do no more than give Mr. Garvin’s contradiction of the statement made in the JOURNAL two weeks ago.

Caldwell Journal, October 18, 1883.

C. S. L. S. ASSOCIATION.

Notice to Members.

An adjourned meeting of the Board of Directors, and of the Board of Arbitrators, of the Cherokee Strip Live Stock Association, will be held in Caldwell on the 13th day of November, 1883, at which time all matters in dispute regarding ranges will be definitely settled.

The semi-annual meeting of the Association will be held at the same time and place. Every member is earnestly requested to be present, as business of importance will come before the Association. BEN S. MILLER, President.

J. A. BLAIR, Secretary.

Caldwell Journal, November 1, 1883.

Indian Commissioner’s Report.

WASHINGTON, D. C., October 26, 1883.

The following is a synopsis of the annual report of Indian Commissioner Price.

A decided advance has been made in the improvement among the Indian tribes, particularly in the matter of industrial school education. Some tribes have been persuaded to send their children to school that heretofore resisted all efforts to induce them to do so. One question may now be considered as settled beyond controversy, and that is, that the Indian must be taught to work for his own support, and to speak in the English language, or give place to a people who do. Among the things needed to secure success and efficiency in solving the Indian problem, are:

1. An appropriation to survey out the boundaries of the Indian reservations, so that both Indian and white men may know where they have rights and where they have none.

2. A law for the punishment of persons who furnish arms and ammunition to the Indians. No such law now exists.

3. More liberal appropriations for the Indian police.

4. An appropriation sufficient to defray the expense of detecting and prosecuting persons who furnish intoxicating liquor to Indians. No ardent spirits should be introduced into the Indian country under any pretense whatever, nor their sale permitted within twenty miles of the Indian reservation, but under existing laws upon the subject, it is a notorious fact that ale, beer, and preparations of alcoholic stimulants, disguised as medicines, are sold at military posts to soldiers and civilians, and although post-traders are not permitted to sell it directly to Indians, yet it is an easy matter for the Indians to obtain it from soldiers and civilians, to whom it is furnished. The punishments imposed by the law for this offense should be made more severe.

The practice of approving by contracts to collect from the government the money due Indians is one that ought not to exist. It has for years been the practice to approve contracts by which outside parties have taken from the government hundreds of thousands of dollars for service which ought not to have cost the Indians one cent. During the last few years agreements have been entered into between Indians and different attorneys by which these attorneys were to receive from the Indians $75,525 for collecting from the government money said to be due to the Indians.

It is the duty of the government to see that wards of the nation receive what is justly due them free of cost, and it is equally the duty of the government to see that no unjust claim is paid. Congress should confer both civil and criminal jurisdiction on the several states and territories over all the Indian reservations within their respective limits, and make the person and property of the Indian amenable to the laws of the state or territory in which he may reside, except in cases where such property is expressly exempted by treaty or act of congress, and give him all rights in the courts enjoyed by other persons.

Allotments in severalty to the number of 116 have been made to Indians during the year with the best results, and the commission will adhere to the policy of allotting lands where the same can be legally done, and the condition is such to warrant it.

The attention of congress is again invited to the necessity of legislation to enable Indians to make entries under the homestead laws without cost to them. It is necessary that the land within certain reservations be subdivided, and it is important in some cases that this be done at once, although there is not a dollar available for the special purpose.

An amendment to the law in reference to intruders, so as to punish by imprisonment as well as fine, is absolutely necessary. An intruder without property has very little to fear of a fine. Notwithstanding his repeated expulsion from the Indian Territory, Payne and his party of Oklahoma colonists have twice, during the present year, made attempts at settlement in that country, requiring the aid of the military, at great expense to the government to effect their removal. The commissioner gives a detailed account of Payne’s operations, and asks that the special attention of congress be called to these aggressive movements on Indian Territory lands as illustrating the urgent necessity for speedy and effective legislation in regard to trespassers.

Recommendations for legislation for the protection of timber on Indian lands are renewed.

During the year there was paid the Indians in cash its annuity and otherwise $745,000. Less than $200,000 of this amount was for the payment of annuities proper, many of which will expire in the near future by limitation in the various treaties.

The increase in accommodations for Indian pupils, which the school appropriations for the last fiscal year made possible, has been followed by a corresponding increase in the attendance of pupils. Exclusive of five or six tribes, the number enrolled during the year just closed, is 5,143, an increase of 650 over last year. Of the 5,143 boarding pupils, 4,396 attend schools on the reservations or in their immediate vicinity. Boarding and day schools on the reservations have made a creditable record. Eight new boarding schools have been opened, making the whole number now in operation, exclusive of training schools, 77.

Caldwell Journal, November 1, 1883.

Tell W. Walton returned on Saturday, having completed the survey of the various pastures in the central division of the Strip. Tell had a hard time of it, owing to the beastly weather, as the English would say; still he looks none the worse for all his hard work.

Caldwell Journal, November 15, 1883.

The following stockmen registered at the JOURNAL office yesterday: J. H. Windsor, Pink Fouts, Arkansas City; J. F. Lyon, Fort Gibson, I. T.; Walter Treadwell, Prospect Park, Harper County; S. Jackson, Camp Supply; S. W. Phoenix, Winfield; Albert Dean, Earl Spencer, M. J. Lane, Eagle Chief Pool; C. H. Vautier, Kiowa; Nick Schlupp, St. Joe, Mo.; Wm. Hobbs and Arthur Gorham, Kinsley, Kansas; Tom Hutton, Ind. Ter.; D. Donovan, Kiowa; A. O. Evans, St. Louis; C. H. Dye, Wellington; Crate Justus, Harper.

Caldwell Journal, November 15, 1883.

Arbitration.

Up to the time of going to press, the Board of Directors of the Live Stock Association had not given any decisions upon the cases presented. The Board of Arbitration, up to noon of today, had rendered a decision on only one case, that of the Dominion Cattle Company against the New York Cattle Company. The decision of the Board was to the effect that the Dominion Cattle Company was entitled to all the range claimed.

Caldwell Journal, November 15, 1883.

SEMI-ANNUAL MEETING.

Cherokee Strip Live Stock Association.

The semi-annual meeting of the Cherokee Strip Live Stock Association was called to order today by President Ben S. Miller. On motion the reading of the minutes of the last meeting was dispensed with.

M. H. Bennett, treasurer of the Association, made the following report.

Collected on membership fees: $1,399.00

Assessment for lease to Cherokee Nation: $105,765.16

Paid on C. N. Lease: $50,000.00

Paid on rewards, Inspectors’ Salaries, etc.: $46,702.60

BALANCE ON HAND: $10,452.66

D. R. Streeter offered the following, which was adopted.

Resolved, That it is the sense of this meeting that the Board of Directors of this Association shall issue an order to the effect that all parties shall pay alike for building and keeping in repair all fences dividing their respective ranges.

E. C. Moderwell offered the following:

Resolved, That the officers of this Association be requested to take such steps as shall effectually prevent the driving of through Texas cattle over the route heretofore used to some extent, extending from Bullfoot Ranch through the Cherokee Strip to Dodge City.

Resolved, That said officers be requested to notify all parties concerned, through the Texas stock papers and otherwise, that said route is fenced, and can no longer be used as a thoroughfare for through cattle.

The resolutions were unanimously adopted.

H. R. Johnson, Inspector at Kansas City, reported that he had caught 108 head, amounting in value to $3,773.95.

There being no further business, on motion the Association adjourned to the second Tuesday in March, 1884.

Caldwell Journal, November 22, 1883.

The report of D. W. Lipe, treasurer of the Cherokee Nation, for the year 1883, shows a balance in the treasury of $100,656.64. Pretty good showing.

Caldwell Journal, November 22, 1883.

State Agent Crawford is after the Santa Fe company for 15,160.40 acres of lands in the state which that company claims. He is also endeavoring to have restored to the public domain lands already wrongfully certified to the company, and which the company has sold.

Caldwell Journal, November 22, 1883.

The Independence (Kansas) Star says: “Among the lessees of the Osage pasture lands, down on the tribal reservation about 80 miles southwest of here, are Messrs. Larimer & Crane, of this city, who take 100,000 acres. John Soderstrom, also of this county, rents 20,000 acres, and our genial friend, John N. Florer, a licensed trader at the agency, 125,000.”

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.

The following motion was adopted.

That all parties who may desire to lease a part of what is known as the Salt Fork & Eagle Chief Pool shall produce a written statement, signed by every member of said Pool, stating that they desire that six different leases be executed to six different parties for the range known as the Salt Fork & Eagle Chief Pool, and giving a full description of each range and the number of acres it contains, to the satisfaction of the Board; and that upon the production of said written statement, signed as aforesaid, said lease will be granted.

In the case of Gregory, Eldred & Co., vs. the Comanche County Pool, the decision of the Board of Arbitrators was affirmed, E. W. Payne and Chas. H. Eldred, directors, being interested parties, not voting.

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.

The following was adopted and ordered to be published in the official organ of the Association.

SECTION 8. The Board of Directors of this Association, at any regular, special, or adjourned meeting thereof, shall have full power to make any orders, rules, or regulations, and compel the enforcement of the same so far as the members of this Association are concerned, regarding all range and association matters not provided for in the sub-division of section seven of the by-laws, in relation to arbitration. Any order, rule, or regulation of the Board so made shall be published at least four consecutive times in the official organ of this Association, and when so published shall be and remain in full force and operation as to all the members of this Association until revoked or changed by the Board. Any member of the Association who shall fail, neglect, or refuse to comply with the requirements of any order of the Board so made, after being duly notified thereof in conformity with the orders of the Board of Directors, shall forfeit his membership in the Association, and all rights, privileges, and immunities arising from such membership.

On motion of A. Drumm, seconded by A. J. Day, the following was adopted and ordered to be published in the CALDWELL JOURNAL for four weeks.

ORDERS.

In conformity with the provisions of Section 8 of the by-laws of the Cherokee Strip Live Stock Association, it is hereby offered by the Board of Directors of the said Association in regular session this 19th day of November, A. D. 1883, as follows.

That in any case where two or more members of this Association own and occupy adjoining ranges, and it shall become desirable or necessary to construct and maintain division or partition fences between the ranges so adjoining, and the owners or occupants of said adjoining ranges are unable to agree upon the terms of constructing and maintaining such division or partition fences, either of said parties may, by petition filed with the secretary of this Association (which petition shall state, in plain and concise language), the matter in controversy or dispute in relation to such fences, to the Board of Directors of the Association.

In any case where any member of this Association shall have already fenced his range, and any other member of the Association coming upon and occupying an adjoining range shall join his fence to or use any portion of the fence already constructed as aforesaid, shall be liable to pay the owner thereof one-half of the cost and maintenance of the same. And if any member of this Association shall refuse to pay for such division fence in the manner aforesaid, the member aggrieved may submit all matters pertaining to the joining and use of such fence to the Board of Directors, as hereinbefore ordered.

The secretary of this Association, at the time of filing any petition under the provisions of this order, shall give notice to the opposite party or parties, in writing, of the time of filing the same, at least thirty days before the hearing of the case, and shall attach to such notice a copy of the petition so filed. If any such petition shall be filed with the secretary within thirty days of the time of holding the next regular meeting of the said Board of Directors, the matter shall be heard and determined by the Board at the said next regular meeting, unless continued by the Board of Directors.

If any such petition shall be filed more than ninety days before the time fixed for holding the next succeeding regular meeting of the Board, the secretary shall immediately fix a time, not less than thirty days nor more than sixty days, for a special meeting of the Board of Directors, and shall give notice of the filing of said petition and the time and place fixed for holding such special meeting, by publication, not less than four weeks, in the official organ of the Association, and also by mailing a copy of such notice, authenticated by the seal of the Association, to the respondent named in such petition, at his nearest post office.

On motion the secretary was ordered to have the following notice published for three months consecutively in Caldwell Journal, the Texas Live Stock Journal, the Kansas City Live Stock Indicator, and the San Antonio Express:

This is to notify drovers of Texas and Arkansas cattle, that a trail used in the summer of the years 1881 and 1882, by what are known as through cattle drovers, has been fenced by the members of this Association, and is included in pastures now stocked with domestic cattle, which renders it extremely dangerous to have this trail used by through Texas cattle. Said trail has been known as the eastern trail, or the trail running from Red Fork, Indian Territory, west, crossing Turkey Creek at or near Bullfoot Ranch, and up the Cimarron River to the western trail. The said western trail crosses the Cimarron River south of Dodge City, Kansas, which trail is provided for by the directors of this Association, and is left a width of three miles for the use and benefit of southern drovers.

The trail from Red Fork, Indian Territory, to the Cimarron Crossing, known as the eastern or Red Fork and Dodge City trail, cannot be used in future by persons driving through Texas or Arkansas cattle.

A strip three miles wide has also been left for what has been known as the old Chisholm trail from Red River to the quarantine grounds at Caldwell and Hunnewell, Kansas.

On motion the Board adjourned until the second Tuesday in March, 1884, unless sooner called together, as provided by the by-laws and rules of the Association.

Caldwell Journal, November 22, 1883.

Board of Arbitration.

The Board of Arbitrators of the Cherokee Strip Live Stock Association cleared up the docket and closed its labors on Monday.

In the case of Hollenback vs. C. M. Crocker, the Board decided that Crocker was entitled to all the range in dispute.

The case of Gorton & Munger vs. Moores & Weller, the Board disagreed on Saturday night, and on Monday a Board, consisting of Banks Wilson, Asa Overall, and Gid Rowden, was appointed to try the case. After going over the evidence, the Board divided the range in dispute between the two parties.

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.

TERRITORY NEWS.]

Caldwell Journal, November 29, 1883.

W. E. Campbell returned from his range yesterday. While at the ranch he sold a large bunch of two-year-olds to Major Drumm.

Caldwell Journal, November 29, 1883.

Capt. J. B. Nipp, of Arkansas City, and S. H. Rogers, of Emporia, arrived last night to look after some range matters.

Caldwell Journal, November 29, 1883.

S. and S. T. Tuttle came up from the ranch yesterday, where they have been looking after fire guards around their pasture. They left everything in good shape S. T. went to Wichita to spend Thanksgiving with his family.

Caldwell Journal, November 29, 1883.

M. H. Bennett returned last Saturday from a trip to the mouth of the Cimarron. He informs us that the Indians have burned off the entire Oklahoma country south of the Cimarron, and thinks that some of the parties who went into that region will be compelled to turn their cattle loose.

Caldwell Journal, November 29, 1883.

Adam Berg came up from the Volz range last Monday, and reports everything lovely down on the Canadian, except that the Indians have been setting fire to the grass on various ranges. They have burned off considerable of the prairie on the Cimarron, and will likely burn off more.

Caldwell Journal, November 29, 1883.

Tell Walton is surveying the cemetery, which has become the property of the city. The manner in which it was laid out makes it a difficult job to get the lines run in proper shape, but Tell will worry through, and make everything satisfactory.

Caldwell Journal, November 29, 1883.

John [James] C. Weathers came in on Tuesday with a patch over his right eye, or rather the place where the eye used to be. Some time ago the eye was hurt by something getting into it, causing inflammation, which finally resulted in the loss of the organ. The trouble came just at the time when Mr. Weathers should have been here in attendance upon the meeting of the Board of Directors of the C. S. L. S. Association, in regard to some range rights; but as his unfortunate situation prevented, it is more than likely allowance will be made so that he will not be deprived of any privileges to which he is justly entitled.

Caldwell Journal, November 29, 1883.

J. W. Nichols, of Arkansas City, and interested in the cattle business south of that place, called at the JOURNAL office yesterday, at the same time signifying his desire to keep posted on Strip affairs through its columns.

Caldwell Journal, December 6, 1883.

Tell Walton has completed the survey of the cemetery, and made an excellent map of the same. The map can be seen in the council room.

Caldwell Journal, December 6, 1883.

Major Drumm came in from the range last Saturday and went on to Kansas City. He reported the range in excellent condition—better, in fact, than he has seen it before at this season of the year—and cattle doing finely.

Caldwell Journal, December 13, 1883.

Col. Boudinot has brought a charge against Col. Wm. Phillips, agent and attorney at Washington for the Cherokee Nation, for receiving $22,500 from the Indians, and that Phillips stated this sum went to pay Senators Dawes and Secretary Teller for their influence in securing a large appropriation for the benefit of the Cherokee Nation. Col. Phillips denied the charge. He need not to have put himself to that trouble, for no one (whatever may be his personal or political prejudices) who knows the character of Dawes and Teller, will believe the story for a single moment. However, there are corrupt people who will take any charge made against an officer to be true, no matter how absurd it may be on its face. They seem to take it for granted no man can be honest and fill a public place. The reason is obvious. They would steal or be bribed themselves, and they imagine human nature, in that respect, is the same the world over.

Caldwell Journal, December 13, 1883.

CHEROKEE STRIP.

A special to the Kansas City Times says that a commotion has been caused in Washington by the distribution among senators and representatives of copies of a memorial to Congress on the part of citizens of the Cherokee Nation, protesting against the alleged illegal lease of 6,000,000 acres of their lands to a syndicate of capitalists for grazing purposes. It also states that “all the facts will be brought out by the resolution recently introduced by Senator Walker, of Arkansas.”

All the facts were brought out by the JOURNAL long ago, and they are simply that the Cherokees own the land in fee simple and as a common heritage; that, having no use for the lands, they leased them for five years to the men who had been occupying them as grazing lands, for the sum of $100,000 per annum—a sum greater than could have been obtained for their use in any other way.

The antagonism to the lease does not come from the Cherokees, but white men who were unable to secure the lease for their individual benefit. Had those men succeeded in their schemes, the small cattle-holders on the Strip would have been compelled to pay an exorbitant rental to those tender-hearten gentlemen who appear to be so distressed over the wrong supposed to have been inflicted upon the Cherokees, or drive their herds off to some more favored locality, if they could find one. So far as we can ascertain, the Cherokees are satisfied with their bargain. That being the case, and the lease having been made in good faith, it is not easy to understand how Congress can interfere with, or set it aside, any more than it can annul a lease of a farm, a house and lot, or a railroad; and we have not the least idea Congress will pay any attention to the matter further, perhaps, than to send Senator Walker’s resolutions to a committee.

The parties who are attempting to interfere with the Cherokees and the stockmen who have leased the lands in question will have ample time to cool their shins at the doors of the capitol before they will be able to induce Congress to even make an attempt at setting aside a contract which both sides had an undubitable right to enter into.

Caldwell Journal, December 13, 1883.

We have no objections to the Kansas City Live Stock Indicator wasting time and space in criticizing the hog wash of the Kansas City Times on the issue of the Cherokee Strip, but we can’t help thinking it might employ itself to a better purpose. The Times is stupid and malicious because it wants to be so, and won’t accept the truth at the hands of the Indicator or any other paper.

Caldwell Journal, December 13, 1883.

The Arkansas City Democrat states that A. R. Witmore and John Haygood, while in the Territory after wood last week, found the body of a man with two bullet holes in the back part of his head. All that was found on the body was a new day-book, with the name, John J. Myter, written on the fly leaf, and a letter dated, Uvalde, Texas, Nov. 6th, and evidently written by his wife. The letter urges him to come home, and at the same time congratulates him on the good sale he made of his ponies. The body was so decomposed that the finders could not remove it, so they buried it as best they could.

Caldwell Journal, December 13, 1883.

Big Cattle Deal.

While Ed. M. Hewins was here the other day, M. H. Bennett, of this city, made a deal with him for the interest of Hewins & Titus in the range at the forks of the Cimarron and Arkansas rivers, Mr. Dunman retaining his interest. The range is one of the best on the Cherokee Strip, and with it goes 12,000 head of cattle, 8,000 head of which are double-wintered beeves.

The price paid is $175,000, the papers for which we have seen. This may seem a large sum for a half interest in the stock and range, but when the character of both is taken into consideration, it will not seem so extravagant.

The new firm will be Bennett & Dunman, and the post office address Caldwell, Kansas.

Caldwell Journal, December 20, 1883.

We learn that Boudinot, in addition to bringing suit against Col. Phillips, has also brought suit against the Directors of the Cherokee Strip Live Stock Association. Boudinot is an outlaw in his own country; at least, he don’t dare to set a foot inside of the Cherokee Nation, and hasn’t for several years. He is a lobbyist and a sharper, and the suits he has entered are only another tack to replenish his depleted purse. Washington is full of just such harpies.

Arkansas City Traveler, Wednesday, December 26, 1883.

Two Pictures.

It appears that Col. Boudinot has “poked up” the animals in and about Washington by instituting suits and preferring charges against those who have seemingly acted crooked with reference to “leased lands” in the Indian country. The Colonel’s “prod pole” is punching in the right direction and while great bellowing will be caused, the “general savage” will be able to ward off any damper that may threaten him. Let him continue in his work and protect the nation’s wards is the general sentiment of the country. Springfield Herald.

We learn that Boudinot, in addition to bringing suit against Col. Phillips, has also brought suit against the directors of the Cherokee Strip Live Stock Association. Boudinot is an outlaw in his own country; at least he don’t dare to set a foot inside of the Cherokee Nation, and hasn’t for several years. He is a lobbyist and a sharper, and the suits he has entered are only another tack to replenish his depleted purse. Washington is full of just such harpies. Caldwell Journal.

Caldwell Journal, December 27, 1883.

Notice has been received from Chief Bushyhead that the south line of the Strip extending to Red Fork, and that all the land on the Strip from the Kansas line to the Red Fork is covered by the lease to the Cherokee Strip Live Stock Association.

Arkansas City Traveler, January 9, 1884.

As was stated in last week’s Chief, Hon. Eli Titus visited Sedan for the purpose of closing the contract for a lease of 81,800 acres of land in the territory. There were present at the meeting a number of Indian chiefs and the following cattle kings of Southern Kansas, who leased the number of acres set opposite their names. Hewins & Titus, of this place, leased 1,800 acres more than any of the other firms.

Hewins & Titus: 81,800 acres.

Wait, King, and Slaughter: 48,080 acres.

John P. Soderstrom: 65,000 acres.

Carpenter & Leahy: 50,000 acres.

Florer & Pollock: 75,000 acres.

Crane and Larimer: 80,000 acres.

The price paid per acre is three cents per year, the leases running ten years. The contract for fencing the land has been let, and it will be under fence next April. Grenola Chief.

[PUT IN FLORER STORY.]

[PUT IN POLLOCK STORY.]

Arkansas City Traveler, January 9, 1884.

Frank Goodin, of Okmulgee, Creek Nation, who was arrested and taken before the U. S. Commissioner at Arkansas City on the charge of stealing a steer belonging to E. M. Hewins, was discharged on the ground that the place where the alleged theft occurred was under the jurisdiction of the U. S. District court for the western district of Arkansas. The steer, it seems, had strayed into the Creek country and was picked up and sold, Mr. Goodin being the purchaser. The moral of this is, that stockmen on the Cherokee strip must not let their cattle wander upon the sacred soil of the Muskogee. Caldwell Journal.

Arkansas City Traveler, January 16, 1884.

W. J. Pollock, a prominent Territory stock man, was in the city a few days this week.

Arkansas City Traveler, January 16, 1884.

Mr. W. H. Snyder, on the Shilocco, has some very fine Poland-China brood sows, and his father will next month bring from Northern Kansas some blooded short-horn cattle. Good stock is what this country wants.

Arkansas City Traveler, January 23, 1884.

We had the pleasure of meeting Mr. Powell, a well known Territory stock man, while he was sojourning in our city a few days since.

Arkansas City Traveler, January 23, 1884.

Messrs. Howard Bros., our leading hardware men, last week sold to parties in the Territory over five car loads of fence wire. This is one of the livest business firms in the Southwest, and be the order large or small they can give rates as low as the lowest, which fact is fully borne out by the amount of business done at this establishment by the prominent stockmen of the B. I. T.

Arkansas City Traveler, January 30, 1884.

Mr. Frank Stewart, a stockman of 14 years’ experience, has been in town the past few days. He is senior member of the cattle firm of Stewart, Hodges & Snyder, and has just completed arrangements securing their lease to 43,095 acres in the territory for five years. Mr. Stewart has had a rare experience in the West, Northwest, and Southwest, having been in every state and territory west of the Mississippi.

Arkansas City Traveler, January 30, 1884.

Stock Matters.

In a conversation last week with a prominent stock man, who has held stock in Texas and the Indian Territory for the past fifteen years, the following views were obtained in response to the questions propounded.

“What will be the result of this fencing in of the grazing lands in the Territory?”

“It will soon be as it is in some portions of Texas—all grown up with weeds. As it is now, every man has about what he needs for his own present stock, without taking into consideration the increase. With a fence, stock is much easier held, and can be kept cheaper, and the tendency will be to increase the stock. Then a dry season will set in, and the grass will be eaten off close, and in another year weeds will take the place of the grass.”

“What will then be the result?”

“Stock will have to be driven further west, or put on the market. It was the same in Texas a few years ago. Now a man must own every foot of range he occupies there, and it will soon be the same here. If I could buy half the range, or one-fourth the range I have, I should limit myself to less stock and better grade.”

“Are you feeding your stock anything?”

“Nothing at all. Next year, however, I will put up a thousand tons of hay and feed it from racks. I calculate half a ton to the animal. Every year the grass is growing shorter, and in my opinion the winters are becoming colder. I believe as the ground is cultivated, it holds more moisture, and that increased moisture intensifies the cold. The ground has been frozen longer this winter than I ever saw it in Kansas.”

“Do you lose many calves by blackleg?”

“None at all. Stock left on the range seldom die of blackleg. You see, calves that are held in the state until grass is three inches high fatten too fast when turned on it, and the result is blackleg.”

“Is there any ‘loco’ weed in this section?”

“Loco weed has done much damage to stock considerably west of us, but I have not seen anything of the kind this side of Medicine Lodge. In the Pan Handle of Texas, now, it grows very much like a cabbage patch, and horses have to be driven from the range to prevent poisoning.”

“Do you know—”

At this juncture someone at the door winked at our obliging stock friend, and in an instant he had gone—presumably to find out.

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.

[PUT IN NIPP STORY.]

[PUT IN LOVE STORY.]

Arkansas City Traveler, February 6, 1884.

During next month many of our stock dealers will hie to the Lone Star state, there to remain until late in the summer.

Arkansas City Traveler, February 6, 1884.

Our old friend, M. P. Johnson, informs us he has 242 head of livestock on his ranch, which he intends to offer for sale, between the first and twentieth days of March, 1884.

Arkansas City Traveler, February 6, 1884.

Mr. W. H. Snyder, who recently advertised 100 head of brood sows for sale in the TRAVELER, has disposed of all of them, and his father started for Iowa last Thursday after more of the same kind. Good stock is in demand in this country.

Arkansas City Traveler, February 6, 1884.

Stockmen report everything favorable now for an exceptionally prosperous year in the handling of stock. Cattle are in fine condition, having withstood the severe cold of last month in good shape, and the early coming of grass guarantees a good supply.

[STOCK BRANDS.]

Arkansas City Traveler, February 6, 1884.

It is almost impossible to get a brand for stock different from any other brand. In looking over the Northwestern Live Stock Journal, published at Cheyenne, Wyoming Territory, we notice Pink Fouts’ “F” brand on the horses up there; R. A. Houghton’s hat brand, and Drury Warren’s boot brand on the sides of steers that range on the Sweet Water. Every letter in the alphabet and almost every figure is represented somewhere, besides houses, bells, scissors, keys, etc. Some are branded with but a dot, while others are branded all over. The Society for the Prevention of Cruelty to Animals, in New York, sent a committee to Texas recently to try to license the stockmen to adopt some other mode of marking stock, but the old burning principle is held to still.

Arkansas City Traveler, February 6, 1884.

To give some idea of the amount of fine stock now being brought into the West and Southwest, we reproduce the following from the Wichita Eagle.

“Two or three train loads of the eleven hundred bulls, of which mention was made a few weeks since, have arrived in the city and the remainder are on the way. Very extensive corrals, forty or fifty in number, which are provided with sheds, racks, feed troughs, and water-tanks, have been built and hundreds of tons of hay and thousands of bushels of corn stacked up. Eleven hundred bulls in one lot are a good many bulls.”

The above were shipped from Kentucky to a Mr. Bloom, of Texas.

Arkansas City Traveler, February 13, 1884.

C. M. Scott continues to add to his domain east of the Arkansas River. Last week he purchased James Brown’s improved farm, and Mr. King’s prairie land, which shapes him out almost in a square of about 2,800 acres of as fine grazing land as can be found in the state. Before another month he will have it all enclosed with a barb wire fence and begin stocking it with cattle and horses.

Arkansas City Traveler, Wednesday, February 20, 1884.

Spring Meeting of Stockmen.

Western Kansas Cattle Growers’ association meets at Dodge City April 2.

Cherokee Strip Live Stock association meets in Caldwell, Kansas, March 11.

North Texas Cattle Raisers’ association will convene at Dallas, Texas, on Tuesday, the 11th day of March, 1884.

Colorado and Brazos Cattle Raisers’ association will be held at Abilene, Taylor County, Texas, Tuesday, the 4th day of March.

Arkansas City Traveler, February 20, 1884.

Mr. N. S. Martin, a well-to-do stockman of this city, returned from Massillon, Ohio, last week, bringing with him a new-found bride to grace his pleasant home in the western part of our city.

Arkansas City Traveler, February 20, 1884.

Quite a number of cattle have died on the North Fork the past few weeks, the principal cause being the lack of open water during the late big freeze, in which all the rivers and creeks were frozen solid. Cattle are, however, in fair condition, and, with an early spring, the loss will not be as great as usual. Among horses, however, the loss promises to be serious, as saddle stock of all kinds on the range is very weak, and the loss among company brands has been considerable. This was occasioned by the late fall rains rotting the grass so as to furnish little substance to grazing horses, and in consequence they are in poor flesh and very weak. A good demand for broke cow horses will result when spring opens.

Cheyenne Transporter.

Arkansas City Traveler, February 27, 1884.

If the weather continues as warm as it was Sunday and Monday, grass will be up in ten days. This has been an exceptionally hard winter on stock of all kinds, and the farmers and stockmen will anxiously look for grass.

Arkansas City Traveler, February 27, 1884.

The stock meeting of the Cherokee Strip Live Stock Association begins at Caldwell, March 11. Cattlemen from all parts of the United States will be represented, and it is thought it will be the largest meeting of the association ever held.

Arkansas City Traveler, February 27, 1884.

Mr. Fuller writes from southeastern Arkansas that he has bought about 80 head of cattle, and that they are holding them very high, although there are no buyers there yet. The country is overflowed and cattle are very thin in flesh. Mr. Fuller drove to this place last year, and will make another drive this year of about 300 head.

To be added in 1885 if you go that far...

Arkansas City Traveler, January 21, 1885.

Thos. Berry is in Washington testifying in the land lease cases.

The Boomers and the Cattlemen...

Arkansas City Republican, Saturday, March 21, 1885.

The Oklahoma Country.

WASHINGTON, March 13. In answer to a telegram from the secretary of war, relative to the exact condition of affairs in Oklahoma, Gen. Hatch telegraphed from Caldwell, Kansas, that no trespassers were now on the Indian Territory. About 1,200 settlers, he said, were camped in Kansas, near the territory border. They were threatening to go over the line, but as yet had taken no steps of that kind. Troops are stationed in the territory, the general said, and will drive out any invaders who may attempt to settle on the lands.

At a meeting of the cabinet yesterday, the Oklahoma question was considered at length. It was said the impression prevailed among those who contemplated an invasion of the territory that President Arthur’s proclamation relative to the trespassing upon the Indian lands had become inoperative with the end of his administration. To prevent such action by the invaders as would naturally arise upon the prevalence of such impression, it was thought best that President Cleveland should issue a proclamation similar to that issued by President Arthur while chief executive. The following is

THE PROCLAMATION.

By the president of the United States of America—a proclamation.

WHEREAS, It is alleged that certain individuals, associations, persons, and corporations are in unauthorized possession of a portion of the territory known as the Oklahoma lands, within the Indian Territory, which are designated, described, and recognized by the executive authority thereto, as Indian lands, and

WHEREAS, It is further alleged that certain other persons or associations within the territory and jurisdiction of the United States have begun and set on foot preparations for organized and forcible entry and settlement upon the aforesaid lands and are now threatening such entry and occupation, and

WHEREAS, The laws of the United States provide for the removal of persons residing or being found upon such Indian lands and territory without permission expressly and legally obtained of the interior department.

Now, therefore, for the purpose of protecting the public interest, as well as the interests of the Indian nations and tribes, and to the end that no person or persons may be induced to enter upon said territory, where they will not be allowed to remain, without the permission or authority as aforesaid, I, Grover Cleveland, president of the United States, do hereby warn and admonish all and every person or persons now in occupation of said lands, and all such person or persons as are intending, preparing, or threatening to enter in or settle upon the same, that they will not be allowed to remain thereon, and that if due regard for, and voluntary obedience to the laws and treaties of the United States this admonition and warning be not sufficient to effect the purposes and intentions of the government as herein declared, the military power of the United States will be invoked to abate all such unauthorized possession, to prevent such threatened entry and occupation, and to remove all such intruders from said Indian lands.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. (Signed) GROVER CLEVELAND

By the President. [L.S.] T. F. BAYARD, Secretary of State.

Arkansas City Republican, Saturday, March 21, 1885.

The Boomers and the Proclamation.

ARKANSAS CITY, March 14. The president’s proclamation was received at noon today. Great disappointment and indignation was manifested among the boomers here, who expected the action to be favorable to their cause. A meeting was called at 3 o’clock this afternoon to decide what course to pursue.

At a meeting held at the camp ground this afternoon, over a thousand colonists present; the president’s proclamation was read, and the following resolution was adopted without a dissenting voice.

WHEREAS, Payne’s Oklahoma colony in Arkansas City have received with surprise and astonishment the full text of the proclamation issued by President Cleveland on the 13th inst., wherein it is asserted that we have organized for a forcible entrance upon the aforesaid Oklahoma lands; and

WHEREAS, The law of the United States which provides for the removal of persons residing upon Indian lands, cannot in any way apply to the aforesaid Oklahoma lands; and

WHEREAS, At the present time large numbers of cattlemen and cattle syndicates are occupying these same lands with permanent improvements, for grazing and farming purposes, among whom might be mentioned Berry Bros., Burke & Martin, Fitzgerald Bros., McClellan Cattle Co., Hewins & Titus, Williams Bros., Standard Oil Co., B. H. Campbell, J. Sanderson, Belle Plain Cattle Co., John Purcell, Butler Co., Ben Keith, Quartermaster Clerk Hauser, and the same are not, nor have been disturbed or ejected from the lands, we can see no justice or reason for the enforcement of the order in the case of actual settlers which is not enforced upon the cattle men who continue to hold thousands of cattle upon these lands; therefore be it

Resolved, That in our opinion President Cleveland has not been made acquainted with the full status of the situation which we had hoped and believed would be done before he made any public utterance, and we yet demand a thorough and speedy investigation and explanation as to why the settlers are ejected and the rich syndicates allowed to remain, and further we condemn the misrepresentation of Gen. Hatch in stating to the secretary of war that there were no trespassers now in the Indian Territory. To our knowledge and also to that of General Hatch, the above named cattle men are holding large herds upon these lands.

Be it further

Resolved, That we demand of President Cleveland an explanation of the laws and treaties governing said Oklahoma lands by which he claims said lands are Indian lands and we impatiently await a most speedy reply, and we instruct our president to forward these resolutions by telegraph to President Cleveland.

These resolutions were immediately forwarded to President Cleveland.

Capt. Couch said it was to be hoped that every man would remain until an answer could be received. As no further business was offered, Col. Crocker of Iowa, who represents several hundred boomers of that state, was called for and made a brief speech. He said he had much disappointment and indignation in him. He could give a clear argument but would speak on the Oklahoma question tomorrow (Sunday) afternoon.

The meeting then adjourned subject to the call of President Couch.

Arkansas City Republican, March 21, 1885.

The Berry Bros., while away from their ranch one night last week, had two horses, saddles, bridles, etc., stolen. They had to send here for a new outfit.

Arkansas City Republican, April 11, 1885.

Cattle Men Must Go.

KANSAS CITY, March 25. A Times Arkansas City correspondent telegraphs that Gen. Hatch has ordered a troop of cavalry to proceed at once to Oklahoma and destroy the permanent improvements of the ranches of Berry Bros. & Burke and the Martin cattle men who for some time have been established in that country, and require them to leave the territory. This is construed as the inauguration of the policy of the interior department for the removal of all unauthorized stock men in Oklahoma.

Leasing terms evolved between cattlemen and nearby Indian tribes.

Drury Warren leased his land from the Kaws.

Arrangements changed as the years passed.

In 1883 T. J. Gilbert of Arkansas City, who had been a government trader at the Kaw Agency, became the lessee for ten years of one-half of the Kaw reservation, a tract of land embracing some 50,000 acres of fine grazing land at an annual rental of about $2,100. Prior to this the Kaw Indians realized about $300 a year for leasing land to cattlemen. In August 1884 A. A. Newman and his two partners (Gilbert and Hallowell) experienced a shoot-out between MacKay, of Texas, and Hallowell over payment of $900 for extra mileage and expenses MacKay demanded.