In the January 24, 1901 issue of the Watonga Republican, many “final proof notices” were published. These notices were the final step in ‘proving up’ ownership of land that had been acquired in our area. This transfer of land from the federal government to private individuals is the basis for ownership of surface and mineral rights even to this day.
Mrs. Ferguson writes in her book, “ They Carried the Torch…”, “Prosperity had arrived for the Republican and many other western papers, brought about by the publication of many final proof notices from the land offices. These notices must be published for six issues and brought approximately eight dollars each. In the issue of January 24, 1901, appeared eighty-four final proof notices and for several months these notices averaged almost that many in each issue.”
The basis for this transfer of land was the Homestead Act of 1862 and later legislation. The act was applied to Oklahoma after 1889. According to statute, a citizen over 21 years old and head of a family could claim up to 160 acres of surveyed, unclaimed public domain. Title to the land could be established after the homesteader resided on the land for five years, made certain improvements, and paid registration fees. Homestead Act (1862).
“Three months before making final application to obtain title to the land, the homesteader and two of his neighbors went to the land office and filed a notice of intent to make final proof. The register ordered a newspaper advertisement to appear for four weeks in the newspaper nearest the claim and called for potential contestants to appear at a hearing. On the assigned date, the homesteader and his witnesses appeared at the land office. The witnesses testified about the homesteader and his family, the improvement on the land, and their estimation of its value. If there were no contests to the claim, and if the register was convinced by the answers, the homesteader was given a final certificate after paying a $2 commission to both the register and receiver. He was also required to submit payment for the newspaper ad and for rendering a transcript of the testimony. The paperwork was sent to Washington and General Land Office then issued a patent for the land.”
And that was the role of the Fergusons and the Republican in public land ownership in our area. The “prosperity” the ads generated may have been applied toward the cost of building of the Ferguson home in 1901.