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Railroads and Coal: Resource Extraction in Indian Territory, 1866-1907

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University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations, Theses, & Student Research, Department of History History, Department of 8-2013 Railroads and Coal: Resource Extraction in Indian Territory, 1866-1907 Robert J. Voss University of Nebraska-Lincoln Follow this and additional works at: https://digitalcommons.unl.edu/historydiss Part of the United States History Commons Voss, Robert J., "Railroads and Coal: Resource Extraction in Indian Territory, 1866-1907" (2013). Dissertations, Theses, & Student Research, Department of History. 64. https://digitalcommons.unl.edu/historydiss/64 This Article is brought to you for free and open access by the History, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations, Theses, & Student Research, Department of History by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. RAILROADS AND COAL: RESOURCE EXTRACTION IN INDIAN TERRITORY, 1866-1907 by Robert J. Voss A DISSERTATION Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Doctor of Philosophy Major: History Under the Supervision of Professor William G. Thomas III Lincoln, Nebraska August, 2013 RAILROADS AND COAL: RESOURCE EXTRACTION IN INDIAN TERRITORY, 1866-1907 Robert J. Voss, Ph.D. University of Nebraska, 2013 Adviser: William G. Thomas III This dissertation examines the history of the interaction of railroads and coal during the end of the nineteenth century in what is today eastern Oklahoma. The Indian territory presented complex opportunities and challenges for railroad developers, coal operators, miners, railroad workers, and Native Americans. Using primary sources, such as published and unpublished accounts of both prominent and typical Native Americans and Euro-Americans, congressional debates, railroad company annual reports, railroad company correspondence, account books, treaties, court cases, and maps, this dissertation explores the process of railroad and coal company incursion in the region and the conflicts that resulted. All participants in the negotiations, contracts, treaties, strikes, and other legal actions between 1866 and 1907 sought to control the terms of energy production, market accessibility, and resource extraction. New approaches to the history of capitalism inform this dissertation, which stresses in particular the significance of the private contract as a tool of incursion and resistance. Rather than living on federally dictated reservations or having only itinerant land access, the Choctaw, Cherokee, Chickasaw, and Creek (Muskogee) possessed clear title and fee simple land rights to Indian territory. Their legal right to the coal deposits and to the rights of way necessary for railroad building proved surprisingly durable and highly contingent. In this setting Native Americans in the Indian territory used opportunities presented by railroads and coalmines to strengthen their economic and political position. Powerful Native Americans worked with and against weak railroads from a position of relative strength in the Indian territory. This dissertation argues that railroad companies, endeavoring to build across Indian territory and gain access to its coal, faced considerable legal and political challenges. Complicated practical concerns over coal and railroads challenged managers, federal authorities, and Native American leaders attempting to balance access to coal, income from taxes and legal frameworks. This tenuous balance toppled at the end of the nineteenth century in the strike of 1894 when some Native American coal leaseholders, coal operators, and the railroads turned to the federal government to help break the strike. Copyright 2013 by Robert J. Voss All rights reserved v ACKNOWLEDGMENTS The process of writing this dissertation has been long and arduous, and yet validating and rewarding. I have learned more about both my topic and myself through this process. There are many people and organizations to thank for their assistance. Will Thomas has been an invaluable adviser for my doctoral studies, offering kind words while helping me maintain my focus. His digital research provided me new insights into technological fields I had only begun to explore. His railroad research, including the work on The Iron Way allowed me to experience the effort that goes into constructing a text. His patience and perseverance with me as my advisor throughout the time it took me to complete the research and write the dissertation has been amazing. The inspiration for doing this research came from an early meeting he and I had while looking at railroad maps. The ensuing digital history course profoundly influenced thoughts on my dissertation. I am especially indebted to my committee who supported my research and has been simply amazing. David Cahan and David Wishart have done an amazing job of offering insights in discussing my ideas and the direction I wanted to take my research. Katrina Jagodinsky has keenly shaped my dissertation through thoughtful commentary and strong questions.. All of my committee members have been very gracious and generous with their time and ideas, and I thank them wholeheartedly. The History Department at the University of Nebraska-Lincoln has been a huge assistance in all manners of my graduate education. I have found many friends and future colleagues in the professors and instructors. I would like to thank Ken Winkle, vi Dawne Curry, Parks Coble, Lloyd Ambrosius, Jessica Coope, James Garza, Margaret Jacobs, Jeanette Jones, Ben Rader, Pete Maslowski, Patrick Jones, Susan Lawrence, Carole Levin, Tim Mahoney, Tim Borstleman, Andy Graybill, and Ann Tschetter for always having their doors open to me. Your input has been incredible. I would like to thank the History Department for several awards that funded the research for this dissertation, teaching assistantships that have kept me in the classroom, and research assistantships that have honed my research. John Wunder also deserves special recognition for turning my eye to western fields and the intersections between cultures that came to define the United States. His open door and efforts behind the scenes to assist the completion of this dissertation and my development as a scholar has left a lasting impact on my academic life. The Center for Digital Research in the Humanities helped me keep my funding by inviting me to work on the Civil War Washington Project. I appreciate Kay Walters and Ken Price for their commitment to graduate students. Thanks to the John Barriger III National Railroad Library at the St. Louis Mercantile Library housed at the University of Missouri-St. Louis for providing a research fellowship. Charley Brown is a fantastic research librarian and offered new insights when I needed them. Deborah E. Cribbs, special collections curator, offered her vast expertise to navigate the wide collection. I also would like to thank the Oklahoma Historical Society for their amazing collection and great staff. Jennifer Day offered me resources that had not been catalogued and shared excitement when I was drawing new conclusions. vii I could not have worked through graduate school without fantastic friends who spent countless hours listening to versions of research interests. I appreciate their insights and friendship through a long process of graduate school. Brenden Rensink, Shayla Swift, and Shannon Meyer deserve prominent recognition for the long hours spent together working on our degrees and the help they offered. Dave Nesheim, Sean Kammer, Robert Jordan, Kurt Kinbacher, Chris Rasmussen, Tonia Compton, Brian Sarnacki, Andy Wilson, Brandon Locke, Rebecca Wingo, and many others invested in my research, allowing this dissertation. This dissertation started with me talking to my wonderful wife about a drastic change, talking about returning to graduate school and changing our family. She and my family have offered more support than I could ever have hoped. Thank you to my sons Ethan and Justus for their help in keeping me grounded and thinking about what really matters. Thank you to my son Zac and my daughter Esther for making life fun and different. Most importantly, thank you to my incredible wife Joni for her dedication and desire to see this process through. I could not have done this without her. viii TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................. viii TABLE OF FIGURES ……………………………………………………………………9 INTRODUCTION ........................................................................................................ix0 CHAPTER 1 - TRANSECTING INDIGENOUS SPACE: CROSSING THE UNKNOWN ................................................................................................................ 277 CHAPTER 2 - TRANSPORTATION LEGISLATION TRANSFORMED: LEGISLATING RAILROADS IN INDIAN TERRITORY............................................ 80 CHAPTER 3 - ACCESSING THE “RESERVOIR FOR THE SUSTENANCE OF INDUSTRY AND COMMERCE”: BUILDING RAILROADS IN THE INDIAN TERRITORY ............................................................................................................ 1177 CHAPTER 4 - INDUSTRIAL DEMAND AND RAILROAD SUPPLY: NEGOTIATING RESOURCE USE AND ACCESS ............................................................................. 1632 CHAPTER 5 - THE EVOLUTION OF RAILROAD REGULATION IN INDIAN TERRITORY: AN OBSTACLE TO COMMERCE OR PROTECTING
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