Norman Daily Independent. (Norman, Okla.), Vol. 1, No. 110, Ed. 1 Tuesday, May 11, 1909 Page: 1 of 4
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NORMAN DAILY INDEPENDENT
VOL. 1.
NORMAN. OKLAHOMA, TUESDAY. MAY; 11, 1909.
N'O 110
lishcil
affair-
year?
THE DEMOCRAT.TOPIC'S BUSI-
NESS ADMINISTRATION BE-
GINS TO LOOK SICK—AN-
OTHER POINT FOR
CITY ATTORNEY
KEIGER.
Has any one in Norman seen pub- I
a financial statement of the |
of the city within the past i
The
liaction of such a statement. A state-
ment of the receipts and disburse-
ments, such as published over the
signature of E. K. Himes in the
Democrat-Topic February 4th and
May 7th is not a financial statement,
nor does same even purport to be.
A financial statement in the case of
a bank is a statement made by an of-
ficer of the bank and sworn to be-
fore an officer authorized to admin-
ister oaths. Such a statement shows
the liabilities of the bank as well as
its resources. From the so-called
statements of receipts and disburse-
ments of this city, published, no lia-
bilities arc shown. The people in
Norman are doubtles not aware of
the fact that no warrants issued
against the street and bridge fund of
the city has been redeemed by the
city since the warrant registered on
September 10, 1907, and today ther
arr several thousand dollars out-
standing warrants against this fund
and the record also shows that more
than 80 jar cent of the levy made for
this fund last year has been exhaust-
ed paying warrants issued two years
ago. The condition of the contingent
fund shows levy for last year simi-
larly exhausted and that the last war
rant issued against the fund, paid,
was the one registered January 15th,
1907. All of the warrants issued
against this fund for over two years
are still unpaid In the salary fund
the condition i- tin- same, with the
levy exhausted and several thousand
dollars worth of v
standing. It seems
warrant issued on the "street ami
bridge fund" or on the salary fund,
against the levy ot 1908, has been
redeemed. In other words, the levy
for these funds made for the liseal
year ending July 1, 1909, has been
used to redeem warrants that should
have been paid out of previous levies.
What do you think i« meant by the
following provision in the state con-
stitution?
Section 26, Article 10: 1 No county,
city, town, township, school district,
or other political corpontion, or sub-
division of the state, shall be allowed
to become indebted, in any manner,
for any purpose, to an amount ex-
ceeding, in any year, the income and
revenue provided for such year."
To us, this provision means that
every warrant issued during the year
must 1>e redeemed out of the income
and revenue provided for during the
year If this construction ot the
meaning of the constitution be cor-
rect, and we certainly think that it
is, then all warrants issued on the
street and bridge fund, contingent
fund, and salary fund, up to the levy
for these funds, since last year's levy
was made, must be redeemed out <>'
the funds created by said levy and
such funds cannot be used to rc-
deem warrants issued during prev-
ious fiscal year*. It the funds raised
by the present year's levy have been
used to redeem warrants issued din-
ing previous fiscal years, don't you
think the above provision of the state
constitution has been violated by
someone? To us it would seem s->
Here is another question for our city
attorney to prepare himself t<> ren-
tier an opinion on, tor we feel quite
certain that the new council will
want an opinion on this point.
SECOND HASKELL FRAUD
CHARGES BEING INVESTI-
GATED. - GOVERNOR IS
I PRESENT AND DIREC-
ING DEFENSE.
J Tulsa, Okla., May 11—Again to-
lay a federal grand jury here took
law provides for the put.- j«P instigation of the Muskogee
townsite land fraud cases being push-
ed by the government. These are the
same cases in which indictments
were returned last winter at Musko-
gee against Governor Charles N.
Haskell and half a dozen other Okla-
homans. The allegations in the in-
dictments which were quashed at
Tulsa on April 10, was that there had
been a conspiracy to defraud the fed-
eral government and the Creek In-
dian nation in connection with the
scheduling of town lots in Musko-
gee in 1902. Sylvester Rush who has
personal charge of the first investiga-
tion will direct the present one. As
previously, witnesses whose names
were used by the alleged conspira-
tors in securing those lands have
been subpoenaed from Ohio, Michi-
gan and other states to testify before
the grand jury.
Judge John A. Marshall of Utah,
who quashed the Muskogee indict-
ments was on the bench today when
the selection of a new grand jury
was begun. Governor Haskell was
present in court surrounded by his
attorneys while District Attorney
Gregg, Sylvester Rush and ()Iiver T
Pagen looked out for the government
interests.
Attorney Gregg asked that J. F.
Gaskill be appointed as special attor-
ney to assist in the prosecution.
Eleven men qualified for service as
jurors, when the panel was exhaust-
ed. Judge Marshall then instructed
the marshal to summon a list of eight
arrants still out- additional men from which to fill out
that not a single |?he complete jury of sixteen and ad-
journed court till Tuesday afternoon.
Governor Makes Statement.
Governor C X. Haskell i-sued a
statement today respecting his con-
nection with the so-called Mott civil
land suits, and the action of Federal
Judge Campbell who at Muskogee on
Saturday last, overruled a motion of
the defendant.
The decision, the governor says,
was in the cases brought by the gov-
ernment to recover additional mon-
ey- for town lots in Muskogee and
several other Creek towns
"Judge Campbell's decision." say-
Governor Haskell, "merely overrules
the defendant's demurrer to the gov
ermnent's petition which was princi-
pally a question of the jurisdiction of
the court to hear these suits at the
instance of the interior department,
and after overruling the demurrer,
the court gave the defendants per
mission *to answer, putting
alleged ill the government
• >11 issue for future trial.
ROY G1TTINGER HAS TO BE
SHOWN.—DEVELOPS THAT
HE HAD PART IN SOME-
THING HE SAYS WAS
NOT DONE
Shortly after the Independent
came from the press last night, Prof.
Roy Gittinger called us lip over the
phone and registered a kick against
the following article which appeared
in yesterday's paper:
Will some one tell why the old
members of the city council clapped
their hands when City Attorney C.
M. Keiger informed them that the
funds of the city could be consolidat-
ed by the council* Judge Wolf had
previously informed the council that money, or in
it possessed no such power and this the taxe~
information did not win for the j against
judge applause. Judge Wolf informed
the council correctly and it any ap-
legal. the question came up of tran
tcrring surplus funds from one fund
to another The council asked an
opinion from Mr Wolf and he stat*
Profitable Annoucemr t.
cd that they might do so through th* !
proper authorities. Mr. Gittinger, the l
same one who is now objecting, at
this point asked the city attorney
whom he meant oy the proper au-
thorities Mr Wolf replied that they
might get surpluses transferred from
one fund to another by setting up a
petition to the district court setting
forth that a surplus existed and that
the obligations against the fund de-
sired to be transferred had all been
met, asking that same be transferred
to another fund, provided that such
intentions were given a public notice
so as to give the people, who in the
case of the bond funds voted the
all other cases who paid
right to remonstrate
the transfer if they so de-
sired.
The council ignored the city at
A limited assortment of Ladies tine
shoes in Patent and vici kid, some but
ton, some lace, heavy and light soles,
Queen Quality. Uoval Blue, £4 AQ
%'A and $11.50 shoes lor d I avO
During the balance of this week we
will give a pair 6f 50c hose with each
pair of Ladies Tan shoes
worth
$3.50
A pair ol 25c liose with the purchase
of each pair of ladies tan *A AA
slippers for wOallil
Will also present a pair of 25c sox
with the purchase of each pair of mens
tan shoes or slippers $11.50 or
$4.00
Special indiK'enu
Children's tan and ■
slippers and s.uul.ih
$2.50
White Lawns
Several pieces of p
India linoncarried o\ rr
Nlij,rlily soiled (jonds v
cash price 15 to i'.V,
for only per yard
A few pieo s of s
silk tissues worth
very special while the1
last at
18c
k and
29c
Wolf torney s opinion.
j In an interview this morning Judge
"that i Wolf said that we might further
plauding was in order Judge
certainly merited it
Mr. (iittinger's objection wa
Judge Wolf never informed the city j now, that since reading sections
council that tliey never had a legal land 19 of article It) of our constitu-
riglit t« combine the waterworks tion he is convinced that funds can
bond fund and the sewer bond fund, not be either transferred or combin
and that to say that he had rendered
such an opinion was putting the city
council in the wrong light."
The Independent has always want-
ed to be fair. It desires to be fair
now. But Mr Gittinger* s objections
are not well founded.
In the first place, Mr Wolf was
appointed city attorney on January
1(>. The waterworks bond fund and
the sewer bond fund were combined
ed even by court action.
The Democrat-Topic challenged us j
to bring forth legal opinion to sus- j
tain our position.
In yesterday's paper we printed j
legal opinion No. 1 That of State]
Examiner and Inspector laylor.
In today's paper we print legal
opinion No. 2. That of Judge B. I*
Wolf, ex-city and county attorney
Yesterday James M. Gresham told
Special Sale on Ladies line white waists, am. muslin ti!• ,ii-r-
wear, continues all this week as advertised.
IT WILL PAY YOU 10 VISIT THIS STORE ANY OK L\ I RY DAI
HOLLAND' S
A Fine Line 01 Goods
To Select From.
Try
Our
Cleaning
And
Pressing
Depart-
ment.
for^
And
Gents Suits
At The ^:—
NEW YORK TAIL'NG CO.
BEING TALKED OF FOR NEXT
CM 1 E F EXECUTIVE OF
NEW YORK CITY.—"FREE
FROM SELFISH AMHI
TIONS." Attorney Get
New York, May 11.—The nomina an opinion '■
tion of Theodore Roosevelt for may belonging to
or of New York City is proposed by jdian minor .
Cleu. Stewart I Woodford, the di- the owner u
plomati-t and former mini-tei t" able. Attoine
Spain, in a statement issued today, wer to an in
It i- admitted that the boom thus | intendent 1
launched has neither the knowledge he knows of
nor the consent ot Mr Roosevelt teachers to
But it is declared that "an insistent ; music and <
and unanimous demand from the j a teacher's cer
people of tin city would compel him led Attorney <
to accept." (Icneral Woodford's state j an opinion to.
nicut is in part as follows: I inquiry from (
MINOR'S LANDS TAXABLE
NO TEACH I I I XAMINA
TIONS IN MUSIC.—-CON-
FISCATED LIQUORS
SHOULD BE SOLD
IN
I ;i v
al i
vhicli
11 -Assista
• Spilman
that all Ian
including I
ARGUMENTS
RIE HOLD THAI
NEVER LEGAt
ED.—TAKEN
ADVISEM
be
of
are ta?
H.G. GREENMAN, Mgr.
pet 111' m
See
That
Fit
SimDorland
JOHN ALLAN WRONG. .
Judge B. F Wolf says John Allan
is wrong once John Mian said the
council couldn't combine the water
bond fund and the sewer bond fun I
City Attorney Keiger say- they
could. They did. Therefore John Al-
lan is wrong
THE NORMAN - GUTHRIE IN
TERURBAN DOES NOT
LOOK SO SURE SINCE
PATTERSON FRAN-
CHISE CARRIED.
Oklahoma t'ity, Okla.. May 11-
lnterurban building, except the Man
ey-Schaefer 11 Reno line, is up !
L. I" Patterson, granted a franchis«
at the last election. Patterson con
titiues reticent as to his plans, claim-
ing that his enemies would block
them in case he made them known.
Following a letter received Sunday
from U. M. Daugherty, Ohio inter-
urban promoter, demanding increas-
ing guarantees and .concessions from
the local railway company before the
financing of the Guthrie-Norman in
tcrurban would be undertaken by the
Daugherty interests, vice-president
John Shartcl of the local lines, has
replied that the railway company re-
fuses to grant the concessions asked.
"It is up to Patterson," said Sar
tel Monday "Let's see now what he
can do. The concessions asked for
could not be granted in justice to
the local company. I have notified
Daugherty to that effect. Unless
Daugherty recedes from his present
position I ant prepared to lay back
and see what success Patterson may
have in tin interurhan field."
i A final letter from Daugherty is
expected before the end of the week.
Mrs Griestner entertained a few
fri nds last Friday evening. Mr and
Mrs DeBarr, Holmbcrg, Iheight.
Moid, Washburn, Hayes, Sawtell.
Gittinger, Barbour and Paxton.
m of the council on February
council never asked Mr. Wolf
such could be legally done,
made no attempt, as far
record- show, to find out
w bethel such could be legally done.
It is not the city attorney's business
to chase the members of the council
around and continually inform them
on matters concerning which he has
not been asked. It is bis business t()
defend the city in litigation, to be
present at council meetings, and to
render opinions when called upo i
for same. The council did not at the
time they combined the funds under
consideration, and therefore he ren-
dered no opinion.
lis that he is now thoroughly con-
vinced that the funds were illegally
combined. So there i- legal opinion
No. 3.
We have more coming.
In conclusion we might sa\ that
"John Allan and his boy Dannei"
-till belie w the fund
combined So there.
y General West in an-
quiry Irom State Super
I) t amen in -tates l hat
no law which requires
pa—, examinations in
Jklahonia history before
ertifieate should be is n
(icneral West hold- in
JIT AT GUTH
LAW WAS
\rgtt-
I M.
1 •unty
i th-
: net ion
other
ist the
lahon-
lecting
Adams
er t<
J)
■Nlllv 1
"If I had the power to nominate
and elect tin next mayor of New
York City, I -hould without a mo
ment's hesitation make Theodore
Roosevelt that mayor In dignity and
importance the office rank- next to
the presidency Tile problem of city
government i- the greatest problem
in the community, and 1 am inclin
ed to think that great and good, the
mayor of Xew York City could do
more good to the entire country to
day than even the president can
"Mr Roosevelt was born here and
knows the city. He has been govern-
or and knows the relations existing
between the city and the state. He
has been president and should be
•oin srlfi-h ambitions"
the proct cds from ti
or- confiscated by
department ot the
tf-ed for tile belit I H
as provided by law,
payment of officers
the co
ti. th
:>f li.M
PXpi
llask
oiling
enforcenn i
te, sllOtlld l.
t the age it-
adds that th
tllell fees .m
cation of til
i >u t
f till
BALKS ON WORKING OUT
SENTENCE ON HIGHWAY.
Second In the i-stte of the Inde-
pendent of March 2*. Attorney Wolf
gave u- an interview in which In-
stated as plainly as he could state,
that the sewer bond funds and tin-
waterworks bond funds could not be
legally combined by action of the
council.
Now the council had several meet-
ings after that interview was pub-
lished Hut they -till did not ask th- j
city attorney for an opinion.
Third: One evening while the city i
council was in session, and after this
paper had repeatedly stated that the |
combining of the funds had been il (
Guthrie, Okla., May 11.—Logan
Billingsley, convicted in the county
court of Caddo county of having
ninety two pints of whiskey in hi.-
possession with intent to sell, and
who was lined $250, and sentenced t«
91) days in the county jail, appealed
his case to the criminal court of ap-
peals today. The judgment ot th
trial court wa* that the del' nd.m?
work out hi- sentence at the rat of
$2 per day upon the public highways
of Caddo county. The plaintiff in er-
ror alleges that the verdict i con-
trary to law .maintaining that under
the laws of the state he can not be
worked upon the public roads.
HAPPENINGS AT THE UNI
What The Students And Faculty of Norman's
Splendid School Are Doing.
MAJOR G
NAMES
ERATI
CROSS
FED-
OB-
T lit-
em l)«
Dor
. Ka
play
returned
Tau- K app.
■d Wedncs
Alpha ,
t\ aften
+ 1" f + + + + + + + + + + + * + + + + +*l* + + +
ICE CREAM
AND
ICE CREAM SODAS.
Norman Candy Kitchen
NICK GAVRELOS, Proprietor.
+ + + 4* t + + + + -|>+ + + '|"|. 4.4.4.4.4.4.4.4.4.4 4.4.4.4.4.
1 rid .
5. the
1. Kai
and Saturday. .\L
vill pi a;
The Home of
Gunihers
Famous
Sweets
Call
and
see
the
new
line.
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Danner, V. E. Norman Daily Independent. (Norman, Okla.), Vol. 1, No. 110, Ed. 1 Tuesday, May 11, 1909, newspaper, May 11, 1909; (https://gateway.okhistory.org/ark:/67531/metadc106792/m1/1/: accessed April 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.