Horsley Ranch
and
Cherokee Strip Livestock Association
Joshua Theodore Horsley was a member of the Cherokee Strip Livestock Association between about 1880 and 1890. The land he leased was about 35 square mile of present day Kay County Oklahoma. The land ran south from his farm in Kansas, two miles east of Hunnewell Kansas, south to the Chikaskia River then southeast down the river to a point near present day Blackwell Oklahoma then back north to the Kansas state line.
Theodore made the run into the Oklahoma Territory and claimed a farm in Logan County bordering on the Cherokee Outlet. When the Cherokee Outlet was opened for homesteding he claimed the land in Garfield County adjoining his farm. He also had a home in Guthrie, Oklahoma Territory. Nora and her husband "Mockingbird" Jones stayed to run the farm in Kansas.
When Theodore and Willie split up about 1900 She got the farm in Kansas for "one dollar and other valuable considerations" and Theodore got the Oklahoma property for the same. Willie sold the property in 1946 just before her death.
At the time of Theodore's death he owned six quarters of land in Oklahoma Territory and about 143 acres around Matoon, Illinois. Theodore's son, Calvin, received one half of the estate and the rest of the children shared the other half. I have a copy of a letter to the probate court from Thomas as attorney for Nettie protesting Calvin being named executor "without bond" of the estate. The Illinois land was sold off and the money devided. Calvin bought out the other family members shares in the Oklahoma farms. The original homestead stayed in the family until 1996.
LEASES OF THE CHEROKEE OUTLET
After the Osages and other Plains Indians had moved to reservations on the Cherokee Outlet and the narrow "Cherokee Strip" north of the Kansas border had been ceded to the United States,there still remained 6,344,562 acres of unoccupied Cherokee land west of the 96th meridian.
The Cherokee Strip Live Stock Association was organized by a group of cattlemen during the years 1880 - 1883. Its principal purpose was to obtain from the indian tribe a lease that would exclude non-members from grazing cattle on the Cherokee Outlet. In 1883 the organization succeeded in obtaining a five-year lease at the price of $100,000 a year - less than 2 cents an acre. The low price paid for exclusive grazing rights led to the charge that the Cherokee Council had accepted a bribe from the cattlemen. However, previous payments collected by the Cherokee tribe from individual cattlemen had never totaled more than $41,233.81, the amount collected in 1882.
The lease of 1883 was followed by a second agreement five years later at a more reasonable price - $200,000 a year for the entire unoccupied area- However, the legal right of the Cherokees to lease their western lands had been seriously questioned in many quarters and was to be flatly denied by two attorneys general of the United States - A.H. Garland of President Cleveland's Cabinet and H.H. Miller of the Benjamin Harrison administration.
There is good evidence that the Cherokee Strip Live Stock Association was willing to purchase the land included in their lease at $3.oo an acre. The government of the United States, however, was moving rapidly towards the policy of opening the western half of the Indian Territorry to white settlement. The Jerome Commission offered the Cherokees $1.25 an acre for their claims to the Outlet, and the Indians were in no position to bargain freely. The tribal officerss reluctantly agreed to cede the unoccupied lands of the Cherolkee Outlet for white settlement at the rate of $1.25 an acre. The agreement was approved by the Cherokee Council on Januarry 4, 1892.
Members of the Cherokee Strip Live Stock Association, numbering more than one hundred, had obtained definite grazing lands within the area leased. The holdings had been surveyed, and each member had fenced his ground, built corrals, and put up shelters for his line-riders. Dean and Broderick, Greever and Houghton, McClellan Cattle Company, the Dominion Cattle Company, H. Kollar and Brother, Drumm and Snider, Bennett and Dunham in the corner between the Cimarron and the Arkansas east of the Pawnees, and Dickey brothers, with 22,500 cattle on a range that extended across the southern boundary of the Outlet into the Cheyenne and Arapaho Reservation - these were but a few of the well-known cattle companies that occupied for a brief time a portion of the Cherokee Outlet.
Act Of The Cherokee National Council Approving The Lease
AN ACT to amend an act to tax stock grazing upon Cherokee lands west of the 96° meridian.
Whereas the unoccupied lands belonging to the Cherokee Nation, lying west of the
96° meridian, held for indian settlement under provisions of the 16th article of
the treaty of July 19, 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 calledupon 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 the lease for all of the unoccupied lands of the Cher-
okee Nation being and lying west of the Arkansas River to E. M. Hewins, J. W. Ham-
ilton, A. J. Day, S. Tuttle, M.H. Bennett, Ben S. Miller, A. Drum, E. W. Payne, and
Charles E. Eldred, directors, in trust for the Cherokee Strip Live-Stock Association,
for the term of five years, in consideration of a yearly rental of $100,000 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. Drum, E. W. Payne, and Charles H. Eldred,
directors, in trust for the afroesaid 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 ab-
solutely 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 the property of the Cherokee Nation, and the said lease may be termi-
nated on six months notice being given in case said lands shall be disposed of by
the Cherokee Nation, and the said party leasing shall obligate themselves not to cut,
use, or take any timber or other material from those lands but by agreement with
the authorities of the Cherokee Nation, and in all cases to faithfully obseerve the in-
tercourse laws of the United States, and that they shall do all in their power to pre-
vent the stealing or removal of any timber or other 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
conditions, the said lease shall be void, and may be so declared by the principal shief
of the Cherokee Nation, which failure shall work forfeiture of any and all rights or
interests thereon: 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 be specially exempt therefrom.
Be it further enacted, That the said $100,000 required under provisions of this
act shall be payable semi-annually in advance, at Tahlequah, on the order of the
principal chief into the treasury of the Cherokee Nation, and said semi-annual
payment shall be made on the 1st day of October and April of each year, the first pay-
ment to be made on the 1st day of October, 1883 and that the rights of any person
under any tax license issued before the passage of this act shall terminate with the
date up to which such persons have paid.
Be it further enacted, That a perfect record of the lease authorized under this act
shall be kept in duplicate in the office of the 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 teh council of the Cherokee Nation at each
annual session.
Be it further enacted, That should the lease herein granted be declared by the prin-
cipal chief vacant by default a fresh lease may be executed to any responsible com-
pany, 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,
and privileges, or interests of 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 pricipal 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 tays after the approval of this act by
the principal chief file with him, in the executive department of the Cherokee Nation,
their accptance 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. Drum, E. W. Payne, and Charles H. Eldred, directors, in trust for the
aforesaid Cherokee Strip Live-Stock Association a lease in accordance with the pro-
visions of this act.
Be it further enacted, That the treasurer, whenever payments are made to him by
said Cherokee Strip Live-Stock Association, is hereby required to retain the same in
the treasury until the sum shall amount to $300,000, and pay the same out per capita,
under the directions of the national council.
Be it further enacted, That all acts or parts of acts in conflict with the proviaions of
the foregoing act are hereby repealed.
Approved May 19, 1883 D. W. BUSHYHEAD
Principal Chief
EXECUTIVE DEPARTMENT,
CHEROKEE NATION
Tahlequah, Ind, Ter., July 7, 1883
I hereby certify that the copy hereunto attached of an act of the Cherokee national
council entitled " An act to amend an act to tax stock grazing upon Cherokee lands
west of the 96° meridian," approved May 19, 1883, is a correct copy of the origianl act.
[SEAL] JOHN L. ADAIR
Asst, Executive Secretary
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CHEROKEE STRIP LIVESTOCK ASSOCIATION
Formed March 7, 1883, at Caldwell, Kansas, by Kansas ranchers to regulate roundups, to keep a record of members brands, and to resolve the issue of stray cattle, the Cherokee Strip Live Stock Association provided order and organization to cattle ranchers throughout the Cherokee Strip. Located in northwestern Indian Territory, the Cherokee Strip extended from the 96th Meridian to the 100th Meridian. A belt of land sixty miles wide containing more than 6.5 million acres, this area became the cattleman's last frontier in a fast-changing era that saw the rise and fall of the open-range cattle industry.
The association promoted the interest of cattlemen located in the former Cherokee Strip in southern Kansas and in the Cherokee Outlet in northwestern Oklahoma. The Cherokee Strip Live Stock Association carried out its duties, improving cattle breeds and providing an organized lobbying group to restrain the throngs of homesteaders in Kansas, eager to lay claim to lands in the strip. The association found an ally and mutual friend in the Cherokee Nation but was strongly opposed by homesteaders and the U.S. government. Eventually succumbing to the effects of harsh weather conditions in 1886-87 and the eventual sale of the Cherokee Outlet to the federal government in 1891, the Cherokee Strip Live Stock Association ended in 1893.
CHEROKEE STRIP LIVESTOCK ASSOCIATION.
The Caldwell Journal, October 4, 1883.
Meeting of Board of Directors.
Pursuant to notice the Board of Directors of the C. S. L. S. Association met on Thursday of last week to receive the reports of the surveyors selected to run the lines of the pastures in each division, 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.
The report of S. T. Wood, surveyor of the eastern division, the survey being incomplete, showed 1,909,000 acres. Mr. Wood is still at work, but it will require a couple of weeks to finish the job; so as to obtain the exact number of acres in the division.
The middle division surveyed by Tell W. Walton, showed an area of 1,764,446.49 acres. The report also shows that there are 23 ranges in the division, running from 8,500 to 299,526 acres. All but three ranges are entirely enclosed with barbed wire fencing, and the three are fenced on each side.
Mr. C. H. Burgess had the east half of the western division, running west to the V__ range. West of that was under charge of Fred Erkhart, who has not completed his survey. The district surveyed by Mr. Burgess comprises 1,108,390 acres.
This makes a total of 4,781,865.49 acres surveyed and platted on the Strip. When the surveys are completed on the extreme eastern and western ends of the Strip, it is altogether likely the total acreage will 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, and on Friday morning the Treasurer, M. H. Bennett, began the collection of the amounts due from each occupant. We did not learn the total sum paid in, but by Friday night there were sufficient funds in the Treasurer's hands to meet all obligations due the Cherokees, and on Saturday morning he started for Tahlequah to make the first payment in accordance with the terms of the lease.
Since Thursday afternoon the Board has had under consideration cases appealed from the Board of Arbitration. In the case of Broadwell vs. The Eagle Chief Pool, the Board rendered a decision making Broadwell's west line begin on the southwest corner and run north seven miles, leaving his west fence in a different shape from what he had it built.
In the case of Chase against Ewing, the Board affirmed the decision of the Board of Arbitration, giving Chase his range.
Wednesday morning the Board of Directors adopted the following resolution.
Resolved, That the Caldwell JOURNAL, be and is hereby adopted as the official organ of the Cherokee Strip Live Stock Association.
Yesterday afternoon the case of the St. Joe Cattle Company vs. E. M. Ford was referred to the parties in contest, and settled by the Wyeth Cattle Co., purchasing all the interest of the St. Joe Company.
In the case of Peter Stewart vs. E. M. Ford, the decision of the Board of Arbitrators was affirmed, giving Stewart nearly all he asked.
The Board meets this morning at 9 o'clock, and will continue in session from day to day until all disputes regarding range are settled.
Cherokee Strip Livestock Association payment article
The 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.
President Harrison Order Irritates the |
Special to the Gazette Arkansas City Kan. Sept 5 There is no doubt in the minds of the people of this section of tho state that there will be trou- ble of a very serious nature in the ChernKee Strip and that very soon unless the na- tional government takes very prompt action to undo the the mischief wrought by Presi- dent Harrison in his recent order permit- ting Indians to occupy the Strip as cattle grazers while white men an forbidden to go in any capacity. The Cherokees have taken advantage of the permit and have flocked to the Strip in large numbers md there are today more cattle on that vast grazing ground than were there in the palmy days of the Cherokee Strip livestock association. What makes the white men feel especially bitter toward the government in regard to this matter is that the land did not belong to the Indian any more than to the whites It is not a reservation in the sense of reser- vations as used to describe Indian lands but was simply a strip of government land which had never been thrown open to set- tlement. The Cherokees who formerly had title to this land under government treaties gave up that title years ago by regular sale and the title reverted to the United States. It became necessary for the other people in the great Indian Territory to get access to and egress from their reservations and as the Cherokees held all the land and were very jealous of their rights the government was obliged to buy the land in order to give a passage way to the other tribes. In this ease there was no claim of eminent do- main by the government but in order to settle all question of right the land was purchased and the title remained in the government separate from the Indians aud was as much public land as was the gov- ernment land in all the Western territories which had been opened to settlement the only difference being that the government had never declared that this strip should bo open to settlement by white men and they had been kept off it just the same as the Indians. Gradually the cattlemen en- croached upon the land until the countrv was covered with stock aud then the wily Indians came to the front and in Western parlance "run a bluff" on the cattlemen, and told them that if they did not pay them so much money for the privilege of grazing on the lands they would raise a row with the government and have the cattle driven off. The cattlemen knew well that they had no right on the lauds and were afraid that if the Indians made complaint they would have to move their herds so in order to keep the redmen quiet they agreed to pay the sum of $1 per head per year for the privilege of grazing. This was blackmail, pure and simple, and all the parties to the deal knew it, but the cattlemen felt that they were getting very cheap grazing and the Indians knew that they were getting a good round sum every year for nothing. Things changed with the opening of Oklahoma and the agitation became so great that tho cattlemen were driven off and the Indians lost their hush money. Gradually however the cattle went back until there were fully as many on the Strip as were there before the famous order of eviction was issued. Then the Indians tried their old tactics but this time they failed for the cattlemen saw that the $1 a head did not give them any protection. They refused to put up the money. Then the Indians "worked" the president and he gave the order allowing Indians to herd their cattle on the Strip. The white men do not rest easy under this plain evidence of partiality and they are preparing for an invasion which will either require the entire army of the United States to quell or they will have the Indians put out of the country and given no more rights than the white men. These Indians are not the red men of the Cooper type. They are white and educated. Their right comes from the fact that some of their ancestors had white and Indian intermarriage. Constant intermar- riage has almost obliterated the Indian blood but their traits still remain as far as getting the best of the white man is con- cerned. |