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Percy C. Simons (1870-1962) Near as we can tell Mitchell DeClerck’s roots in Enid, Oklahoma can be traced back to September 16, 1893, when Charles Parker came to Enid on the train for the Land Run of 1893. Also known as the Cherokee Strip Land Run, the Land Run of 1893 marked the opening to settlement of the Cherokee Outlet in what would become the state of Oklahoma. The run began at noon on September 16, 1893, with more than 100,000 participants hoping to claim land.
But another of our first two partners also arrived in Oklahoma on that day: Percy C. Simons. The following extract from an article by Enid lawyer and historian Garry Brown entitled “Enid Attorneys Helped Shape Our History” tells of our beginning: The following extract from an article by Enid lawyer and historian Garry Brown entitled “Enid Attorneys Helped Shape Our History” tells of our beginning:
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John M. Ray was a farmer living on a homestead claim in Grant County. On June 4, 1898, he was sitting outside of his house, in company with a young man by the name of Elmer M. Thompson. While sitting there, engaged in conversation, a rabbit ran along by the side of a corncrib which was located a short distance from the house.
Thompson remarked that the rabbit would be a good shot, and then went into the house and got the gun, and when he returned he walked out a few steps from the house, and fired. The bullet struck a stone and glanced, accidentally striking Ray in the breast, and went clear through his body. A physician was called, and stated to Ray, after examining him that he (Ray) was in a critical condition, and if he had anything to say, or any request to make, he had better say it before the wound was dressed. Ray replied that he had a request to make, and asked the physician to call in two young men (one of whom was the young man who accidentally shot him), and he then told these gentlemen that he desired Mr. and Mrs. Hawks to have all of his property after his debts were paid, and that he also desired them to have his claim if they could prove up on it and hold it. This statement was made on the same day he was shot, and he died from the effects of this gunshot wound some four days later. On June 30, 1898, this request was reduced to writing, and was afterwards admitted to probate as the nuncupative will of the deceased, and the property all awarded by the probate court to Mr. and Mrs. Hawks. From this order Marshall Ray, the surviving brother of the deceased, appealed to the district court, and the judgment was there affirmed, and Ray then appealed to this court. The appellant makes the point against the judgment that the written will is not the same as the spoken words; that the spoken words willed everything to Mr. and Mrs. Hawks, while the written will gives everything to Mr. Hawks. The other side, however, contends that this is immaterial, because the probate court, and the district court, too, ordered the property distributed pursuant to the spoken words; and other questions are raised and discussed, but after examining our own statute we deem it unnecessary to pass upon any of them…. Ray v. Wiley, 11 Okla. 720, 69 P. 809 (Okla. Terr. 1902) |
ATTORNEY GENERAL WILL STEP DOWN AND OUT FIRST OF APRIL
Mr. Simons Will Go Back to Enid and Resume the Practice of Law
Commission Did Not Expire Until 1907.
ATTORNEY GENERAL WILL STEP DOWN AND OUT FIRST OF APRIL
Mr. Simons Will Go Back to Enid and Resume the Practice of Law
Commission Did Not Expire Until 1907.
Guthrie, Okla., Jan. 22. [1906] — Governor Frantz tonight announced the appointment of W. O. Cromwell of Enid, former populist leader, to be attorney general, beginning April 1, to succeed P. C. Simons, who today resigned. Governor Frantz also appointed U. C. Guss, president of the Guthrie National bank, delegate to the insurance reform conference in Chicago on February.
Percy C. Simons, attorney general of Oklahoma being appointed nearly three years ago by Governor Tom Ferguson, today tendered his resignation to Governor Frank Frantz, and will locate in Enid in the practice of law. His commission does not expire until 1907, but he says he believes it the desire of Governor Frantz to surround himself with persons in some of the territorial offices who are closely identified with him personally and with his policies politically. Found at http://files.usgwarchives.net/ok/garfield/newspapers/news1906.txt |
Mr. Simons appeared many times before the United States Supreme Court in over half a century. We think one of his first appearances was representing the Oklahoma Territory in New v. Oklahoma, 195 U.S. 252 in 1904 and one of his last appearances was over 50 years later in Garber v. Crews, 324 U.S. 200 in 1945.
On January 23, 1906, The Oklahoman described how Mr. Simons, resigned his position as Attorney General of the Oklahoma Territory early in 1906 to come to Enid to join Charles Parker in the practice law:
OBITUARY
PERCY CONSTANCE SIMONS
1870-1962
We also thank lawyer Stephen Jones now of Enid, Oklahoma for this obituary of Simons that appeared in The Oklahoma Chronicles in 1963 which confirms Mitchell DeClerck’s Oklahoma roots in the Oklahoma Land Run of 1893. Simons first came to Oklahoma Territory during that 1893 Land Run and established his law practice in Pond Creek, Oklahoma, just north of Enid, with A. M. Mackey later joining Parker's firm in Enid after Simons' term as Attorney General of Oklahoma Territory.
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