The New Era. (Davenport, Okla.), Vol. 5, No. 27, Ed. 1 Thursday, August 7, 1913 Page: 2 of 4
four pages : ill. ; page 22 x 15 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
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DAVENPORT, O K I A.. NEW ERA
COL MARTIN M. MULHALL
W. A. OLDFIELD
LAW
JUDGE WILLIAMS HOLDS STAT
UTE NOt IN CONFLICT WITH
FEDERAL CONSTITUTION.
LIEUTENANT GOVERNOR WAKES
THINGS UP WHEN GOVERNOR
LEAVES THE STATE.
AGREES WITH ENABLING ACT
MORE MURDERERS ARE PARDONED
Action of Attorney* Taken to Mean
Case Will Go Higher.—Second
Sustaining Decision
On Thin Law.
And the Scliooi Book contracts Art
Given the O. K.—Cruce Revokes
All the Acts of the Tempor-
ary Governor
GREATEST LI STOCK SI
BIG OKLAHOMA STATE FAIR
Oklahoma's live stock exhibit at the seventhL
Fair and Kxposition, Oklahoma City, September 23 to Octo r , . ^ ^
be a surprise, emphasized by the wonder at the large p oklahoma i«
stock win Play in it. The reward of _-'^iflc farming in^OWahoma
The litigation and eont rovers)
over the school book adoptions madf
last July by the old state board of
education, was summarily terminated
when Lieutenant Governor J. J. Mc-
Alester, acting as governor In the ab-
sence of Governor Cruce, who was in
Kansas Cit;i, bigned add approved the
contracts and bonds for twenty-four
publishing companies and issued a
proclamation declaring tho books in
use and directing t>ie attorney gen-
eral to dismiss all litigation instituted
Sy the state in opposition to the con-
t -acts.
At the same time Governor McAles-
ter made use of his pardoning power
and granted full and complete par-
dons to It. H. Updyke, a nephew of
former Governor Haskell, sentenced
to life imprisonment from Oklahoma
county for murder, which occurred
two or three years ago; George
Crump, Jr., sentenced to seven years
for alleged fraud in some Indian land
Bales in Pottawatomie county; J. W.
I)obbs, sentenced for fifteen years
from Elk City on a charge of man-
slaughter; Ben Bonds, sentenced
from Shawnee on a charge of at-
tempting to bribe a district Judge.
The companies whose contracts
■were signed are: Allyn & Bacon, of
Chicago; W. H. Wheeler & Co., of
Chicago; J. E. Dyche Publishing Co.,
of Oklahoma City; Eaton & Co., o(
•Chicago; the Macmlllan Co., of New
York; Charles Scrlbner & Son, of
Chicago; Atklnsori-Mentzer Co., of
Chicago; Scott, Koresman & Co., of
Chicago; B. P. Johnson & Co., ot
Richmond, Va.; Educational Book Co.,
of Boston; Oklahoma School Herald
Publishing Co., of Oklahoma City;
Southern Publishing Co., of Dallas;
Hoe Peterson & Co., of Chicago; Sil-
ver Burdette A Co., of Boston; Fergu-
son Publishing Co., of Sherman, Tex.;
D. Appleton & Co., of Chicago; Ginn
& Co., of Dallas; Woodruff Bank Note
Co., of Lincoln; Charles E. Merrell &
Co., of New York; B. H. Sanborn, of
Boston; Little, Brown & Co., of Bos-
ton; Colonial Book Co., of Chicago,
and the American Book Co. of Chi-
cago.
Oovernor Lee Cruce, as Boon as he
returned, issued a proclamation re-
voking the four pardons.
Governor Cruce also notified by tele-
Cram the twenty-two book companies
that he would consider an affront to
the state any attempt on their part to
put Into the state the school books
contracted for by the deposed state
board of education and approved by
Acting Governor McAlester.
Governor Cruce, at the same time,
Instructed Attorney General Charles
West to disregard the instructions re-
ceived by him from Acting Oovernor
McAlester to dismiss the BUits pend-
ing, in which the validity of the
■chool book contracts are being ques-
tioned. Attorney General West was
Jlrected by Governor Cruce to con-
tinue the suits until they are finally
determined by the supreme court of
Ihe state.
State Penitentiary Warden Robert
W. Dick was notified on the tele-
phone by Governor Cruce to disre-
gard the pardons, Issued by Acting
Sovernor McAlester which at that
time had not reached tho prison, by
mall, and to hold the four prisoners
whom McAlester sought to free.
The signing of the book contracts
and the pardons took place in the
office of Secretary of State Ben Harri-
son In the presence of Mr. Harrison,
who attached the official seal of the
state to the documents; Hugh Har-
rell, assistant secretary of state; Nor-
man Haskell, of Oklahoma City, son
ol former Governor Haskell; Gene
Day, of McAlester, one of the authors
of the Harris-Day code of lawB, and
State Superintendent of Public In-
struction Robert H. Wilson, at whose
instance the school books were ap-
proved.
Governor Cruce's Theory.
In issuing the proclamation revoking
the four pardons granted by Acting
Governor McAlester came after ev-
did so upon ihe theory that the par-
dons were granted by McAlester as
governor, and could be revoked ty
Cruce as governor, the personnel of
the two men not altering the case.
Oovernor Crock's theory Is that un-
til the pardons reach the prisoners
they have no vested sight in th<*i
and they can be revoked by the gov-
ernor.
This action on the part of acting
Goveronr McAlester came after sev-
eral l)*urs of maneuvering among
•tate officials and others interested In
the propositions to be submitted to
the governor and during which Gov-
ernor McAlester was once put ofT the
track by tbe display of a forged tele-
gram purporting to come from Oov-
ernor Cruce, whom the telegram
stated In Bartlesville, havh'g
crossed the state line earlier In the
day. Later, howevsr, Oovernor Mc-
Alester put In a long distance call for
Oovernor Cruce in Kansas City,
where he located the governor antf
talked
Mr. Oldfleld, who represents the sec-
ond Arkansas district, is serving his
third term in congress.
AMBASSADOR WILSON RECALLED
DOESN'T AGREE WITH PRESI-
DENT WILSON ON POLICY
Affairs Left With Under Secretary
While Ambassador "Takes a Rest"
—Huerta May Abdicate.
Washington.—Ambassador Henry
Lane Wilson will not return to Mex-
ico. The embassy will be left In
charge of Secretary O'Shaughnessy,
while Henry Lane Wilson will "take a
rest" at the request of President Wil-
son.
Ambassador Wilson, summoned
from Mexico City to inform the Wash-
Henry Lane Wilson
lngton administration of conditions
in the rebellion-torn republic, spent
two hours with President Wilson and
Secretary Bryan submitting chiefly a
recommendation that the United
States use its Influence to stabilise
the Huerta regime.
No policy was evolved—at least
none was announced—but it became
known that President Wilsons ideas
and those of Ambassador Wilson as to
the course to be pursued are so radi-
cally different that administration of
Tho constitutionality of Oklahoma's
so-called "grandfather clause" was
upheld by tho state supreme court for
the second time in an opinion handed
down in the case of Theodore Cofield
against election officers In Logan
county. The case, Cofield against
Thomas Farrell, L. F. Leach and T.
Elder, election officers, was appealed
from the district court of Logan coun-
ty. The decision of that court was
affirmed by the supreme court. In
the opinion of the supreme court, pre-
pared by Justice Williams, the section
of the constitution containing the
grandfather clause is not In violation
of either the fourteenth or fifteenth
amendments to the federal consti-
tution or of the enabling act. These
were the principal questions presented
to the court for consideration in this
case.
The plaintifT, Cofield, sued the elec-
tion officers for damages, alleging that
he was deprived of the right to vote
in the general election held on No-
vember 8, 1910. He alleges that he
was and has been for many years a
resident of the precinct in which the
election officers held the election;
that he was born In the United States;
that he was sixty-six years of age;
that he had all the qualifications en-
titling him to vote under the consti-
tution of the state; that prior to the
emancipation proclamation he was a
slave, and by reason of that procla-
mation he was emancipated; that he
is a member of the negro race, and
that he is unable to read and write
any Bectlon of the constitution of Okla-
homa; that he was not on January 1,
1S66, or any time prior thereto, en-
titled to vote at an election under
any form of government, and that he
Is not a lineal descendant of any per-
son who was entitled to vote. He
further alleges that he had never re-
sided in any foreign country.
In the case before the Logan coun-
ty court, the defendants, the election
officers, interposed a demurrer to the
petition and the same was sustained.
The plaintifT declined to plead fur-
ther. Judgment was rendered In fa-
vor of tho election officers. The opin-
ion of the supreme cohrt states that
the questions to be decided in the
caBe were as to whether the grand-
father clause of the constitution is in
conflict with the fourteenth or fif-
teenth amendment to the federal con
stltution or with the enabling act, un-
der which the state of Oklahoma was
erected. The court has held on
previous occasion, and also the crim-
inal court of appeals, that the section
was not in conflict with the two
amendments to the federal constitu-
tion referred to above.
The final termination of the case
in the Oklahoma supreme court does
not end the case, as attorneys for Co-
field served notice that the case will
be appealed to the supreme court of
bound to be paid this year when the news is fl^hed to the ^[ldE^tgt^„
annual parade of prize-winning live stock at the State FaU- an p
represents more than half a million dollars in value. Oklahoma fleWs are
now smiling with cornucopian expression and the lessons^of past yeara nav
enabled the fanners and breeders to strike the proper balance
st<v.k and agriculture.
The live stock business in Oklahoma and agriculture are now neare
Mfltabllihed in their 'rue relation, each with the other, than ever Deiore,
and Oklahoma's opportunity for beef production never ^ersTho
forcibly than during the last few years Faith on the part of taeedew
preserved their jwre-bred herds is bound to bring big returns this year.
All the popular breeds of horses, cattle, Bheep and swine have theit
active supporters in the state, and Oklahoma exhibitors are "ow ^terlng
liberallv in the open classeB of live stock to be shown at the big OKianoma
State Fair and Exposition. There is also a state classification for breeders
of heavy horses and beef cattle, which practically amounts to a guarantee
of expenses for the less experienced Oklahoma exhibitors who havei not thor-
oughly learned their lesson in proper fitting and display of their wares.
Pictures of some of the live stock that will be displayed this year would
indicate they are the most beautiful and perfect animals that can be seen
any place in the world. No one can miss seeing the magnificent display of
live stock shown at the seventh annual Oklahoma State hair and Exposi-
tion, Oklahoma City, September 23 to October 4, 191.1.
\irrioultural conditions in Oklahoma have been favorable this year to
greater degree than usual. These conditions will result in the assembling
of one or the finest and most general agricultural displays any state fair has
ever set forth.
Colonel Mulhall's revelations of the
relations between the National Asso-
ciation of Manufacturers and members
of congress have aroused the entire
nation.
GENERAL CASTRO ON WARPATH
FINALLY SUCCEEDS IN STAPTING |
A NEW REVOLT
This happy family, strongly attached to one another, has rewarded the
Former President Arranges His Plans Qf ok|ahoma breeders in the Hereford possibilities of the state, and
So Uprising Comes in Several
Parts of the Country.
will be iseen at the State Fair this fall.
Wilemstadt, Curacao—Reports re-
ceived here from revolutionary sources
in Venezuela are to the efTect that an
uprising in that republic has started
simultaneously in several states and
that General Cipriano Castro, formr
president of Venezuela, is the leader
of the movement.
Advices Bald that General Juafado,
governor of the state of Falcon, who
previously, was reported to have been
captured escaped when the rebels at-
tacked Coro and fled to the interior,
but that the military authorities in
Coro were imprisoned.
From Falson, reports say it is the
RESULTS OF BETTER BABY CONTESTS
IOWA SHOW FOUND GIRLS AVER-
AGED 1.68 POINTS HIGHER
THAN THE BOYS
But the Young Males Showed More
Weight and Greater Height.—
166 Youngsters Were Exam-
ined In the Contest.
Sixteen per cent of the city chil-
dren, 17 per cent of the children from
the farms and 18 per cent of the chil-
dren from towns scored under 80
points.
The increase In nelght, weight and
circumference of the chest and abdo-
men were found to be regularly pro-
gressive with age, while the increase
in the circumference of the head was
markedly less after the age from the
. , Some idea of the good results to >e (j(teeny, (0 t)je twentieth month, when
purpose of the revolutionists to invade obtained from the Better Babies < on- lhe anterjor fontanelle closes,
the state of Lara, which adjoins Pal- test, to be held at the seventh annual A few irregularities in measure-
con on the south and General Navas Oklahoma State Fair and Exposition, ; ments and weight in several groups
is expected to operate in the state of j oklahoma City, Sept. 23 to Oct. 4, Is j arranged in accordance with age were
Zulia in the northeastern part of the 8hown by the results in Iowa. The found, but with the aid of statistics
republic, adjoining the United States jata obtained from the score cards compiled from cards sent in fiom
of Colombia. Maracaibo, principal port wjjj jje compiled and studied with a , other baby health contests in various
of Venezuela, is the capital of,Zulia. I , jew to decreasing the Infant mor- parts of the state, v. e have been able
to prepare a table, which is herewith
submitted for use In future contests.
The weights and measurements aver-
age somewhat higher than those ot
the Holt and lower than those of tho
Roth tables:
General Carmelo Castro, brother of tality in Oklahoma and disseminating
Cipriano Castro is In command of the ruies and information concerning the
rebel troops in the state of Tacharia, I care 0f infants.
which lies just south of the state of
Zulia. Prior to the outbreak of the
revolt, the revolutionists seized the
cable and telegraph lines.
STORM SWEEPS WASHINGTON
Capitol Suffers Great Damage From
Sudden Local Cyclone
Washington.—Ltke a giant flail, a
cyclonic storm of wind, rain and hall
whipped back and forth across the
'< >
(0 c
eCh
o
5 i
o p
C P*
B
12 to 13. .30.8 22.3 18.1 17.80 18.20
^;y;;^thrp« | rtS .t r S: £
ments as forecasting the acceptance j court in the land, but
of Ambassador Wilson s resignation. )g dlffpr„nt from (.oti„lrt ,.asP in
Tho president is concerned over the ||)at R |s a rrimlnal case, while the
morality of any policy adopted by the 0(hpr is a clvll 8Uit
United States and 4ts effect on other ed by Justice
Latin-American countries, and is dis- | 1 " * elaborate. In It he
inclined to strengthen a government > llistorv\f „ie right of suf-
tfcat came into power hrough the gives yarlou8 8tateB ;lt the
questionable events incident to Ma-,""*'. . ...
dero's assassination.
adoption of the federal constitution,
the number of colored inhabitants in
The plan contemplates a repetition t)]o varlmi8 BtatPS (rom 1790 to 186H,
of the process by which Diaz abdleat- an(J g h|Btory of s]aVery in the world,
ed in favor of a provisional president j The opin[on states that if the plain-
acceptable to both factions in the re- Hff wag ent|tied to vote under any
volt against him. Prominent Mexicans ()rganized form of government prior
of influence are interested in the Idea |Q jamlary ]S66, or if any of his
and have informed Secretary Bryan j anc<.!it0rs, to tho remotest Jegree,
that if the American government will < were entltipd to vote, even though
refrain from any policy of mediation, j (]nd(>r Rn orf,anued fcnn 0f govern-
at least for the present, they felt
confident of bringing about an under-
standing between the warring forces
looking toward a peaceful solution.
ment existing in Atrica, prior to the
time his ancestors may have been
transported to the American shores,
he is entitled to vote under the grand-
father clause of the constitution, If he
possesses the other required qualifi-
cations. That the suffrage amend-
ment to the constitution, if it does
not violate the fifttenth amendment,
says the court, Is not void on account
Serious clashes between striking of said provisions of the enabling act,
firemen, the augmenting of the ranks has been uncontrovertible settled. In
of recruits from other cities In the addition, the opinion reads, the people
RIOTING IN THE CAPITAL
Mass Meeting In Oklahoma City Ends
In Fighting
state, a massmeetlng of strike sympa-
thizers and a proposal to recall tile
city commissioners were features of
the firemen's strike in Oklahoma City, 8ald constitution.
The climax of a day of Interference
with the work of the recruits camo
when men on the hose wagon of No. 5
station were stopped and assaulted on
their way to the Are at No. 37 North
Robinson avenue.
Striking firemen In uniform stepped
oat ot the mass meeting on West Main
street and seised the bits of the horses
of No. 2 hose wagon. Tom Cox was
driving, beside blm sat a recruit
named Simpson.
Recruit Meade, riding the rear end
of the hose wagon, was struck behind
the ear with a hose nozzle and serl-
ousl Injured.
of this Btate by Section 1 of Article 2
of the constitution, have specifically
reserved the right to alter or reform
At the conclusion of the Better
Babies Contest at the Iowa State Fair
last year the following summary was
prepared:
We have records of examination of
166 children between the ages of 12
and 36 months, of whom 81 were boys
and 85 were girls. One hundred and
ten children were from cities of more
than three thousand inhabitants, 33
trom towns of lesB than three thou-
sand and 23 from farms.
The boys averaged .25 Inch taller, j 14 to 15..31.66 23.35 18.34 18.00 18.45
w77 rnin I -6 pound heavier, circumference of 16 to 17. .32.24 24.40 18.58 18.20 18.7
nation s capital, leaving death and ruin j ^ ^ ^ head Jnch lg t<j „ 32 g2 2- 45 lgg, ,g 40 lg 95
in its waK. greater than the girls, while the chest 20 to 21..33.40 26.50 19.06 18.60 19.2
Three dead, scores injured and thou- ^Jement9 W(fre the Bame ln botu 22 t0 23..3S.9g 27.65 19.20 ls.80 19?>
sands of dollars worth^of vrove | DeBpite the advantages of phy- J 24 to 25. .34.56 28.60 19.54 19.00 19.38
stroyed was the toll recorded ln the devoloPpment 0f the sterner sex 26 to 27..35.14 29.65 19.78 19.20 19.46
hurried canvass made 'when the city , ^ ^ x fig polntB hlgher. ,,g tQ 29..,5 72 ^ 20.02 19.40 19.50
fZness in the grasp of the elements I than the boys, showing superior merit | 30 to 31..36.30 31.75 20.26 19.60 19.8
The gale, reaching a velocity of al , . ,
most seventy miles an hour swept the J chological tests.
streets clear, unroofed houses, tord - " ^ ~ ~
detached small structures from their Evidently Had Marrying Mania.
foundations, wrecked one office build- ! Probably the world's marrying rec-
in head and face symmetry and phy- ; 32 to 33..36.88 32.80 20.50 19.80 19.7
34 to 35..37.38 33.85 20.74 20.00 19.78
ing. overturned wagons and carriage? ord for men was created by George
in the streets, and swept Washington's Witzoff# the notorious bigamist, whose
hundred parks, tearing huge branches marirages have variously been esti-
from trees, and even uprooting sturdy mated at from 50 to 500. It has been
old elms, landmarks of a century. faid, however, that 100 is nearer the
As the wind wreaked its havoc, the real mark. This man caused^ a great
rain came and in five minutes the ntlr a few years ago, and It was re-
temperature dropped from the 100 ported that in the space of a single
mark to betw een 60 and 70. Then week he went through marriago cere-
the rain turned to hall and hail stones monies with seven different women,
battered on roofs and crashed through
sky-lights and windows.
Court Rules In Newspaper Case
St. Paul.—That newspapers have a
right to decline advertising when they
deem it objectionable, even If it is
submbltted to thejn under a yearly
contract is the Effect of a decision
handed down in district court here.
The caBe came up when a local de-
partment store was sued by a news-
paper to recover money due under
a yearly contract which the store'
management had declared void be-
cause certain portions of Its adver-
tising copy had been rejected by the
paper.
Pearl Fisheries Played Out
The pearl fisheries of Ceylon are
fn the Gulf of Mannar, near the ex-
treme northwest corner of the island,
and the banks moat famous in times
paBt lie close to the shore near a
place called Marlchchukkaddl. Since
1907 the banks have not been produc-
tive.
Mary Would Marry Her Abductor.
Independence, Kan. — Mary Arm-
strong Oean, the young bride whose
mysterious disappearance kept the of-
fleers of two states busy for several
days, was Uken to lola by a deputy
sheriff. She came from Neodesha on
an Interurban car and got housework
at the homs of C. E Leppleman, a
traveling man. Later ahe confided her
secret to the man'a daughters and
waa taken to the sheriff's office. Sh
said aha would go back to lola, gat
a divorce and marry McCord.
Wants Lawton to Keep Prisoners
Washington.—Representative Scott
Ferris has protested to the attorney
general against the removal of federal
prisoners from Lawton to Oklahoma
City and Guthrie, pending trial. Un-
der recent clrcumstancea when there
la an arreat made in the Lawton sec-
tion the prisoners are taken to the
capital or to Guthrie pending arraign-
ment Mr. Perrla believes this la a
loss of money to the government as
they could be kept at Lawton Juat aa
well as in the other two cities.
To Get Rid of 8queak In Boots
For a sure for spueaktng boots and
shoes Insert an awl carefully between
the layers of leather in the sole and,
with the machine oil can oil the sole
through the 'little opening thus por-
duced.
He Being the Man
Ethel—"Kitty hasn't a thought for
anything nowadaya except her new
car. 8he'a perfectly ln love with it."
Jack (sadly)—"Another caae of man
being diaplaced by machinery."
Fought to Death in Mine
Half a mile underground, in a gal-
lery of a coal mine at Bethune,
France, three miners, with their picks,
suddenly attacked a fourth, against
whom they had a grudge. The man
fought desperately, killing one and
wounding another before he himself
was killed. Other miners sounded
the alarm gong of the mine, and the
murderers were arrested.
Situation Sized Up.
The young girl had been engaged as
an amanuensis by a society woman.
She discovered that nearly every day
the husband and wife had a quarrel,
bo she gave notice that she was going
to leave. "Why?" Inquired the lady,
in surprise. "Oh, you don't need an
amanuensis, madam," replied the girl.
"What you want is a war correspond-
ent."
No Need to Add to It
If we could read the secret history
of our enemies, we should find In each
man's life sorrow and suffering
enough to disarm all hostility.—Long-
Nothing New About This
"I consider that whatever belong!
to my husband belongs to me."—A
woman wltneaa la a Jersey City trial.
The general feminine view and In
nractlce the ueual condition.
Mother'a Present
Father always forgets that It is
mother's birthday until she bawls him
out about it after breakfast. Then he
goes downtown and sends her home a
screen door for the kitchen or a rub-
ber mat for the bathroom as a pres-
ent.—Cincinnati Enquirer,
Misplaced Brilliancy
Grace (whispering)—"What lovely
ahoea your partner's got, Mary!"
Mary (ditto)—"Yes. Unfortunately
he ahinea at the wrong end."
s
t
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Flynn, Ivan L. The New Era. (Davenport, Okla.), Vol. 5, No. 27, Ed. 1 Thursday, August 7, 1913, newspaper, August 7, 1913; (https://gateway.okhistory.org/ark:/67531/metadc109907/m1/2/?q=%22United+States%22: accessed June 1, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.