The Moore Messenger. (Moore, Okla.), Vol. 4, No. 5, Ed. 1 Thursday, June 1, 1911 Page: 2 of 8
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OKLAHOMA CITY
WINS CAPITAL
COURT OF LAST RESORT
ENABLING ACT IS VOID
State Has Power in Handling Its Own
Problem! and Congress Power-
less to Impair Sovereignty
of Local Government
Washington.— In nn opinion con-
curred In by seven of the nlue mem-
ber* of tbe HUpreine court of tlie Unit-
ed StateH Monday Justice Lurton not
only formally declared Oklahoma City
the eat of gove-nment In Oklahoma
• s aguiust the rival claims of Guth-
rie, but held Oklahoma's sovereignty
equal to that of the original states.
Justices McKenna and Holmes dis-
sented.
U was declared that Oklahoma by
virtue of the enabling act, was admit-
ted into the United Mates upon equal
looting with all other stutes and that
it was not possible for congress to ud-
cilt sn.v other kind under the constltu
tiou. "When equality disappears,"
■aid the court, "we may remain a free
people but the union will not be the
Uiion of the constitution."
The decision is regarded as the i.ast
word on the question of state's right a
and is a complete vindication of the
claims of Oklahoma City upon the
state capital of Oklahoma.
Justice Lurton s opinion was a long
one and deliverer In a crowded court-
room. nils and the tobacco decision
(Were easily the two big ones of ...
Way.
Peculiarly a State Power
"The power to locate Its own seat of
Roverumeut and to determine when
•ml how it shall be changed from one
.place to another, and to appropriate
Its own funds for that," said the court,
"are essentially and peculiarly state
(lowers."
Continuing Justice Lurton said:
"That one of the original states
Could now be shorn of Buch power by
•n act of congress would not be for a
moment entertained. The question
then comes to this: Can a state ho
placed upon a plane of Inequality with
Its sister states in the union if con-
gress chooses to impose conditions
Which so operate at the time of its ad-
mission?
"The argument is thut when con-
gress may not deprive a state of any
power which it possesses, it may as a
condition to the admission of a new
state constitutionally restrict itB njith-
ority to the extent at least of suspend-
ing Its power for a definite time, in re-
aped of the location of the seat of
government."
Defining the power of congress in
the premises he said:
"The power of congress in respect
to admission of new states is found
in the third section of the fourth arti-
cle of the constitution. That provi-
sion Is that 'new states may be admit-
ted by congress into this union?'
"But what Is this power? It is not
to admit political organizations which
are less or greater, or different in dig-
pity or power, from those political en-
tities which constitute the union. It
IB, as was strongly put by counsel, a
power to admit states.'"
NEW HEAD FOR UNIVERSITY
Board of Education Fails to Retain
A. Grant Evans
In selecting l)ean J. C. Monnett of
the law school of the state university
at Norman, as acting presldeut of the
university, to begin September 1,
next, the oard of education has
Pay State No Rental
John R. Williams, secretary of the
state school laud commission, has re-
turned from a two-weeks' Inspection
tour over the school land in the Pan-
handle counties. One of the principal
purposes of the trip was to find out
failed to retain L)r. A. Orant Evans the condition of the new college lands,
at the head of that Institution.
Dr. Kvans was appointed under the
Haskell administration. It has been
persistently rumored that Dr. Evans
woud not be retained by the new
board of education, but his successor
was a matter of some speculation.
Other selections were made as fol-
lows: Northwestern university, Al-
va: President, ('.rant B. Crumbine.
President Crumbine Is retained by the
board because of efficient Bervlce.
most of which are located in those
counties. It was found that probably
100,000 acreB of those lunds have been
fenced by fifteen or twenty big cattle
company, which are paying no rental
whatever to the state. Mr. Williams
gave them notice that they would have
to sign up lease contracts for the pres-
ent year or be ejected from the land.
The commission has agreed to reduce
the rental on these lands to 3 cents
per acre, and it is not believed that
Southv estern normal, Ada: l're«l- ' any difficulty will be experienced In
dent,' Charles W. Briles. In this ap- securing the execution of leases at
polntment no change is made, Presi- that figure. The old board had held It
dent Hriles having been at the head at from 6 to 8 cents. This is for a
of the school there previously. ! straight grazing lease, with no prefer-
Industrial Institute for tllrls at | ence right of purchase.
Chickasha: President, J. A. Moore. | .
A TRAIN LOAD OF TOBACCO.
Twenty-four Carloads Purchased for
Lewis' jingle Binder Cigar
Factory.
What Is probably the biggest lot of
all fancy grade tobacco held by any
factory In i!.e United States has just
been purchased by Frank P. Lewis, of
Peoria, for the manufacture of Lewis'
Single Binder Cigars. The lot will
make twenty-four carloads, and is se-
lected from what Is considered by ex-
perts to be the finest crop raised In
many years. The purchase of tobacco
is sufficient to last the factory more
than two years. An extra price was
paid for the selection. Smokers of
Lewis' Single Binder Cigars will appre-
ciate this tobacco.
—Peoria Star, January 16, l'J09.
Unless he ib home where he can
rage before the family about It, a bald-
headed man will pretend he doesn't
know there are such things as filea.
Garfield Tea will reflate the liver gir-
intr freedom from hick headache and bilious
attuck*. It overcomes constipation.
Lots of people who have brains
don't know how to use them.
TOBACCO TRUST MUST GO
Supreme Court Gives It 8 Months to
Disintegrate
Washington.—The government Mon-
day won a sweeping victory over tlie
eo-called "tobacco trust," when the su
prenie court of the United States held
the American Tobacco company and
pts allied corporations to be operat
Ing in violation of the Sherman antl
trust law.
By directing that the combination:
be forbidden the privilege of inter
titate commerce or be placed in the
hands of a receiver unless it disinte-
grates In harmony with the laws with-
Jn six, or at the most, eight months,
'the court is regarded to have dealt
>with the tobacco corporations mere
drastically than with the Standard Oil.
Hamilton Takes Oath
Chickasha. Okla.—E. Hamilton took
the oath of United States commission-
er here to succeed E. M. Payne, who
Jias resigned on account of his health.
Mr. Hamilton was United States attor-
ney here during territorial days.
Canadian River on Rampage
Amarillo, Tex.—A solid wall of wa-
ter down the Canadian river took out
three bents of the Port Worth and
JJenver bridge north of this city near
fTascosa,
Here no chnnge Is made.
Boys' Industrial School at Pauls
Valley: Superintendent, E. B. Nel-
son.
School for the Deaf at Sulphur: Su-
perintendent, A. A. Stewart. '
Orphans' Home at Pryor: Super-
intendent, A. L. Malone.
Colored A. N. & M. college at
Langston: President, I. E. Page.
Here no change Is made by the board.
Colored Deaf, Blind and Orphans'
school at Taft: President, S. Doug-
las Russell. Russell Is one of the best
educated negros in the state. He
Joined the democratic party during
the early part of Governor Haskell's
administration and has been a hard
worker.
Oil Land Involved In Suit
The ownership of a valuable allot-
ment in the Glenn Pool oil field, from
which oil worth $125,000 was produced
In two years prior to statehood, before
that field had come into the greatest
degree of prominence is involved in
the case of NichoVis H. Schantz vs.
Legus C. Perryman, guardian of Cleve-
land Grayson, et al., appealed to the
supreme court from the district court
of Tulsa county. The land in question
was allotted to Charlie Grayson, and
after his death a patent was issued
to his heirs. Perryman, a former chief
of the Creek nation, brought suit be-
low to recover possession of the land
for his ward, naming various other
claimants, including the Gulf Pipe Line
company and the Prairie Oil and Gas
company, as defendants. Schantz for-
merly a Muskogee baseball magnate.
Intervened in the case, claiming that
Martha Sevier, through whom his title
■was derived, was the only heir of Char-
V
day and Sunday night, and the forcast demonstrations of anarchy of which „,
calling for more rain Monday or 1 ues- tjje jjja2 government had expressed ap- Homer were the only legal heirs, and
day. the long, dry dusty spepll in Okla prehenglon. ghut out a„ of lhe oth(,rB
homa City has come to an end for a throngeJ ,he gtreetg ;
t'St r .'tivt 'l- 'd tiv " the weather marching by thousands till far into the Cruce Changes Pardon Rules
bureau snce list February when near night, but it was a demonstration of Governor (ruce has made definite
ly Uiree "nches feH joy-a celebration without a trace of announcement to all applicants for
According to reports received at the ; malice.
weather bureau, there was a general j Wednesday, General Diaz's last day
rainfall over the central, northern,; ag presjdent, saw thousands of dollars'
western, and southwestern parts of Ok- worth Qf property wrecked and the
lahoma. The Panhandle of Oklahoma (jea(j aI1(j wounded strewing the park
FRANCISCO DE LA BARRA, AD INTERIM PRESIDENT OF MEXICO.
RAINS OVER SOUTHWEST PORFIRO DIAZ STEPS DOWN
AN AVERAGE OF 68 HUNDREDTHS RESIGNS As PRESIDENT OF THE
OVER BIG AREA
MEXICAN REPUBLIC
Many Places Where Dry Weather Has Will Act as President Ad Interim
Prevailed for Several Months
Visited by Generous Precipi-
tation—Other News
Pending a General Election-
Prediction is That Madero
Will Be Successor
Mexico City.—Mexico changed pres-
Oklahoma City.—With a rainfall reg-
lsterlng more than .lig of an Inch Sun- idents Thursday without any of tliose*^ grayson The"court'declded, how-
ever, that Cleveland Grayson and Josie
More Banks Pay Assessment
Three more state banks, which at
first refused to pay the special assess-
ment levied to replenish the bank ,
guaranty fund, have remitted to lhe
office of the state banking board, leav I
ing but nine still to come in. It 1b j
urobable that all the banks, with tne
possible exception of three, will pay
the assessment early this week. It
was stated at the offices of the board
that several institutions merely are }
waiting to make certain adjustments,
and as fast as this is done the assess- |
inent is paid. While there were more
than forty banks holding out prior to
the convention of the Oklahoma Bank-
ers' association, the explanation given
at that meeting and the promises
made by Governor Lee Cruce and J.
C. McClelland, of the state board, that
the fund would be properly accounted
for, has worked wonders in restoring
confidence.
was visited with a heavy rain.
The Panhandle of Texas, New Mex-
ico, KanTsas, Missouri, Iowa and Ne-
braska, also received heavy rains. In
many cities of Kansas the rainfall reg-
istered from two to three inches.
MADERO RESIGNS
PRESIDENCY
Head
Steps Down From Provisiona
to Aid As Citizen
Juarez—Francisco I. Madero, Jr., in j ican city.
in front of the national palace. On
Thursday night, under Francisco De La
Barra, as provisional president, there
were no assaultB, no shootings, and no
wreckings of buildings. For the first
time in thirty years the people were
expressing themselves without re-
straint, but it is not too much to state
that there was less disorder than on
an election night in almost any Amer-
Dynamiting Charged
Los Angeles, Cal.—Three men were
Indicted Monday on the charge of
lhaving deposited dynamite in the
county hall of records September 8,
1910, with the intent to destroy it.
Lorimer Case Referred
Washington.—A virtual agreement
to refer t.ie Lorimer case to the sen-
ate committee on privileges and elec-
tions with the understanding that that
committee shall intrust the proposed
Inquiry to a by-partisan and "by-Lori-
mer" sub-committee of eight was ef-
fected in the senate.
Hay Seiling High
Chicago.—Hay sold at wholesale in
Chicago Monday for $27 a ton, declared
to be the highest price ever reached
iXor the staple in this city.
a manifesto to the people of Mexico,
resigned the position of provisional
president conferred upon him by a
convention of the revolutionists at the
city of San Luis Potosi, last October,
and called upon all Mexicans to sup-
port Senor De La Barra as the sole
executive in Mexico.
Senor Madero places his forces at
the disposal of Senor De La Barra
and pays a high tribute to the char-
acter of the new executive, pointing
out that he may be considered "one
of us." The mauifesto was Senor
Madero's last act as provisionel pres-
ident and he will now refer all in:
The people have accepted De La
Barra as their provisional president
with every Indication that they will, as
a mass stand back of him until an elec-
tion can be held. If the unanimous
sentiment Friday holds good, that
election will place Francisco I. Madero
in the presidential chair.
pardons or paroles that no such appli-
cation will be considered unless pre-
vious notice by publication has been
given. In regard to the matter Gov-
ernor Cruce said: "Inasmuch as it is
impossible for me to Investigate the
merits of the various cases that come
before me where parties are seeking
to be pardoned or paroled, in order
that no imposition may be perpetuated
upon my recommendations, petitions
or otherwise, and that the public may
be duly appraised of the same and
given an opportunity to be heard, I find
it necessary to make this rule: In the
future, before an application for par-
don or parole will be entertained by
me, the applicant asking for pardon or
parole must publish such Intention In
some newspaper of general circulation
in the county where the crime was com-
mitted, for a period of not less than
thirty days, and proof of such publica-
tion must be furnished with the said
application."
Vinegar Standard Fixed by Law
Attorney General West has given an
opinion to the state pure food commis-
sion to the effect that the commission
is without power to establish a vine-
gar standard other than prescribed by
the United States department of agri-
culture. The commission has therefore
announced that only those vinegars
which are recognized by the federal
government will be tolerated in Okla-
homa.
The attorney general also holds that
all Imitations or substitutes for vanilla
are barred, even though they may
be labeled. This includes a product
which is branded as a substitute for
vanillin but which is sold for vanilla.
By a peculiarity in the Oklahoma law-
Imitations of all other extracts than
vanilla can be sold if so branded. but
nothing but the pure vanilla goes.
HOW IS
YOUR
LIVER?
are you troubled with
sick headache
biliousness cramps
indigestion
dyspepsia malaria
try
Hosteller's
Stomach Bitters
For 58 years it has
given satisfaction in such
cases and you'll find it just
the medicine you need.
EarnThisSuil in Or.e Hour!
Two Appeals Taken
The city of Holdenville has appealed
to the supreme court from the de-
cision of the district court of Hughes
county giving judgment against it for
$497.25 to Lewis C. Lawson for legal
services rendered in connection with
the claim of W. W. Cook & Son
against the city for the construction
of waterworks, The case of W. M.
Guthrie vs. Susie Mitchell and J. F
Mitchell, from Garvin county was an
appeal of a case brought by Mrs. Mit-
chell against Guthrie, her father, for
an accounting of the proceeds from
her allotment in which she was given
judgment for $050.
Ynar profit for an hoarorlwn tithe
Uti of our cr«*t U.I' riu#
>tya fur * ipri ill tnada-tp
emtf'.r y u — tb*h*n<l < me«V
•tjh.h ini Ihe BJtxl durable
n d« Juetelmw two or thre* of
your friandath* of c ur flue
liuitioce. t.ketwo or tlirMur*
ritnilTi<uhifee*rn*-l theauit
in"* fad ■ c« '"lera.
Our AO beautiful MmplM
iratfliiala at tba |>ricf l*for*
You take no rnk. Lt*'«th n|ii
eh>j>i eion approval, ajbjert to 24
fcotiri' eiarnuiaiion Cortomtn trj
gn- 1e on and iniiat lie aatiefied will
etvle, fit and quality be.ore paying
We Pay Eiprvaa on Everything*
T u ran undereell everylx-i? Oe
c) 'the* for y .ur frien >• at !.••« mat
. than they p*y anv«h>re else au<
t take wholesaler's, j'-liber'a and r
tan dealer'* profits. That c>eane the
■wellnet, cleauevt and dicm! businea*
in America! A Big H leiueai that nwr*
PARAGON TAILORING CO., Dept. 40,Chicago,IIL
the best stock
saddles i"
Jk able prices, write for fre«
4 illustrated catalogue.
£>!j a. h. hess A CO.
305 Traris St.. Houston, Tex.
u-1 It. sivinK description and views. KV'KKToN
KWALTY COMPANY, Bverton, Arkansas. lJux 1L
DECORATION FOR AVIATOR
Spanish King Pins Order on Lapel of
Verdine's Coat
Madrid—Pierre Vedrlne, the French
aviator, completed the cross-country,
quiries of insurrecto forces or insur- j cr0ss-mountain flight in the race from
recto civil authorities to Senor De La J 1>aris t0 „iadrid and is tne lion of the
Barra. [ Spanish capital. On the lapel of his
Having relinquished the post which coat ^angs the cross of the order of
lie believed did not permit h'tr i
enter American territory, he accepted
an Invitation of the El Paso city offi-
cials to attend a public reception in
his honor, following which he prob-
Board to Name Teachers
The state board or education has ad-
| /ourned until Thursday, June 8. when
| the matter of the selection of the
j teachers for the various schools will
I be taken up. Inman E. Page and S.
! Douglas Russell head of negro schools
i at Langston and Taft, respectively,
| made their recommendations in re-
Alofnso"jCIl™which" is reserved for ' gard teachers to the board Friday
persons who have distinguished them-
selves in the arts and sciences.
It was pinned there by the hand of
the Spanish monarch who, at an audl-
ably will leave for Mexico City to as- cnce granted Vedrine congratulated
sist Senor De La Barra as a private ^iT11 for |,jg bravery and afterwards
citizen in pacifying the country.
Santa Fe Buys a Road
Topeka, Kan.—The Atchison, Tope- >
ka and Santa Fe railroad has bought
another Kansas railroad. This is the
Garden City, tluif & Northern, running
from Garden City to Scott City and
being built northward from the latter
point. The actual transfer of the
engaged him In conversation for an
hour.
and complete faculties were selected
for both these schools with very few
changes from the present force at
either school.
Reed to Inspect Schools
The state board of prison control
has authorized Warden Clyde Reed of
Williams Declines Position
On account of the fact that the con-
stitutional provision in regard to ac-
ceptance of offices by members of the
legislature during their term of office
interferes with his accepting the place,
Dr. J. J. Williams, of Weatherford, has
declined the appointment as superin-
tendent of the institute for the feeble-
minded at Enid, offered to him by the
state board of education.
Governor Cruce received a letter
from Blakeney & Maxey of Shawnee,
attorneys for Laura Nelson and L. D.
Nelson, the negroes who were lynched
at Okemah the other day transmit-
ting a transcript of the testimony tak-
en at the preliminary hearing, and
asking the governor to take some ac-
tion in the matter. The attorneys
claim that the testimony did not even
make out a prima facie case of mur-
der against the negroes and "that
young Nelson shot Deputy Sheriff
Loney as the latter was reaching for
a shot gun, believing that the deputy
was going to kill his father.
Philippines in Fine Condition
Washington. The revenues of the
Philippines have increased at the rate
of $1,000,000 a year over the revenues
before tbe passage of the Payne-Ald-
rich tariff law, according to a letter
from Governor General Forbes. He re-
Alleged Slayer Appeals
William Brisco of Bryan county, un-
der sentence cf ten years for man
j the state reformatory at Granite, to j slaughter for killing Albert Simon at a
make an extended trip of inspection of 1 jiic'nlo near Colbert on July 20, 1910,
similar institutions in other states for j j,aB appealed his case to the criminal
Oklahoma Directory
aCTtojvimdbTles
I bought, rebuilt, exchanged, sold. BOUTIX-
; WKSTERN MFG. COMPANY,325 E.California*
Oklahoma City. P. O. liox 1268-A. Phone CluCk
WESTERN DETECTIVE AGENCY
( General detective business transacted in all partsot
the world. Confidential Investigation of a legitimate
i character speedily executed t«>r corporations and
individuals. Will K Mdver. Manager Hnlto 810-11
i Iler&kow iU Hldg., i'hoiie 51*40. Oklahoma City, Okla.
Only one In Oklahoma. Cure#
whiskey and drugs. In busi-
ness 30 years.
THE KEELEY INSTITUTE
220 W. 13th St.. Dipt. 7. Oklahoma City.
HOTEL KINGKADE
Near Santa Fe Depot !9 Grand Ave.
OKLAHOMA CITY
European, $1 per day and upwards. Pop-
ular Priced Cafe. Turkish and Plunge
Baths in connection with the hotel.
MECHANO-THER.APY
I 1 a a Complete System of Natural (Drugless)
Healing arid Includes Electro-Photo, Hydro-
Therapy, Osteopathy,Chiropractic,etc. It offer#
I Men and Women a Very Profitable Profession
that In Not Crowded. If desired you can Stud?
i at Hem*- j* h out losg of time or earnings,
j For particulars and terras address or call
OKLA. COLLI GE OF MECHANOTHERAPY
506-1 5 Herakowitz Bldg., Dep't S, Oklahoma City
property has been completed and the (f. that conditions are "looking up"
line will be operated as a part of the aJ[ the tjme
Santa Fe system. '
To Prevent Deadlocks Nations Get Together
Washington.—Aimed at the suppres- Washington. Brought together by
sion of deadlocks in state legislatures the friendly ofTjcea of the United
... , c. . States, the commissioners of Hayti and
in the election of United States sena- ^ ^ at th# ^ depar(.
tors, the bill introduced b> ena or ment tleg0tiate a protocol submit-
Root providing for a choice by plural-1 tj10 |ong standing boundary dis-
ity vote was favorably reported to the pUte Qf t|le two countries to arbitra-
senate committee on privileges and tion.
elections by the sub-committee to -—
which it was referred. An amendment Trouble In Portugal
holding that to be elected under such i Lisbon,—That the situation in Portu-
a law the winning candidate's vote gal is serious is evidenced by the fact
must be one-third or more of the vote that the government is hastily dis-
cast, was agreed upon j patching reinforcements to the north.
the purpose of getting ideas for the
new building for the Oklahoma refor-
matory, which it is expected to make
a model of its kind. A liberal appro-
priation for this institution was made
by the last legislature and the board
desired to see that it is expended to
the best possible advantage.
The results of the meeting of the
Oklahoma Bankers' association was
Bhown during the latter part of the last
court of appeals.
The corporation commission was no
tilled Monday that the Interstate com
merce commission would meet here
on June IB to take up the case involv
ing rates on packing house products
from Oklahoma City and Port Worth.
Parole Granted
Amos Yoncker of Ottawa county,
convicted on January 20, 1911, on two
week when thirty-one of the forty counts of violating the prohibitory
banks that had not paid their portion
of the special assessment to replenish
the bank guaranty fund turned over
law, has been paroled by Governor
Cruce on the representation of all of
the county officers of tlie county tliat
the proper amount to the office of the ' he was dying of tuberculosis In the
state banking board. Of the nine j county jail. He has a hrotlwr, H. M.
banks that have not paid, six are ex- j Yoncker of Carl Junction, Mo., who
pected to pay the assessment this week has agreed to take cure of lilm. II*
as soon as certain adjustments are has Berved all of his Jnll sentence and
made, while the other three may re- j the parole merely serves to remit ills
main out for some time. | fine
AWNIN&V,
TENT
Oklahoma City
Lee Huckins Hotel
European Hates $1.00 per day.
i opular price Cafe in connection,
kerfoot-iyiiller & co.
< lucorpoi aitci'
Manufacturers of
3R0WC:-30 HRAND
OVERALLS AND W3!i rLG*i.ii.:3
Wholesale Dry Ciootls
OKLAHOMA CITY O* lahoma
M*ita m ?oor mai i orrtm-*
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Simms, P. R. The Moore Messenger. (Moore, Okla.), Vol. 4, No. 5, Ed. 1 Thursday, June 1, 1911, newspaper, June 1, 1911; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc109200/m1/2/: accessed April 30, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.