Oklahoma State Register. (Guthrie, Okla.), Vol. 18, No. 14, Ed. 1 Thursday, June 10, 1909 Page: 1 of 8
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Oklahoma State Register.
I G H T E E E N T H YEAR. NO. 14 GUTHRIE, 0 K L A., T H U R S D A J I X h 1 P. 1 9 <>
$1.00 R. s. YEAR.
Oklahoma City Ruining Its
Commercial Interests In Its
Vicious Fight for the Capital
west will file si'it
All Railroads Itoinir Interstate Busi-
ness Will Be Made Defendants in
Action to Prevent Deliver)' of
Liquor Shipments.
< 1 '
The Guthrie Chamber of Commerce, at a special meeting, issued the fol-
lowing circular warning the citizens of Oklahoma:
"Be it resolved by the Chamber of Commerce of the City of Guthrie,
that.
"Whereas, Oklahoma City is circulating petitions calling for an election
in advance of the time fixed by the Enabling Act and the Constitution for
a vote of the people of the State on the permanent location of the State
Capital, and parties, some of them registering from Guthrie, are circulating
this petition, and, we are told, are stating that they are doing so in behalf
of the City of Guthrie, while Oklahoma City in a circular tetter admits the
City of Guthrie stands with Enid, Shawnee and El Reno if not with other
cities and portions of the State, opposed to this action, and
"Whereas, the City of Guthrie believes that such action of Oklahoma
City is in violation of the solemn pledge made with the Federal Government
in the adoption irrevocably of the terms of the Enabling Act, and such elec-
tion would not only settle nothing, but that to raise the question at this
time and in advance of the express time fixed by law to settle such ques-
tion w aid be looked upon by the people of the United States as a repudia-
tion of the solemn compacts of the State of Oklahoma with the Federal
Government and would endanger the interests of the State of Oklahoma
in that it might unsettle many questions that are fixed by the terms of the
Enabling Act approved by and adopted in the Constitution of the State.
"Therefore, be it Resolved, that we denouce the conduct of any or all
parties who may circulate Oklahoma City's petition while registering from
or claiming to be residents of Guthriee, and we disprove any action which
seeks to violate any of the terms or conditions of the Enabling Act or Con-
stitution of the State of Oklahoma, and state that such actions are not done
in behalf of the City of Guthrie or in representation of the wishes of its
citizens.
"THE CHAMBER OF COMMERCE OF THE CITY OF GUTHRIE.
"C. H. MART1NDAI.E, Chairman.
"W. A. RAYSON, Secretary."
fersiness wrecked for a boom
The real estate boomers ol Oklahoma City, who grab at any straws
to keep up the artificial values of real estate are ruining its chances as a
commercial center by the vicious fight they are making against >;verv other
city in this capital scheme. Here is an editorial in the Oklahonian. in sup-
posed answer to Guthrie's above circular that entitles the friends of Guth-
rie to use any means in retaliation against Oklahoma City:
"The business men of Guthrie met in solemn conclave recently, sur-
veyed the state capital situation calmly, and gravely adopted resolutions de-
nouncing a citizen of that town as a traitor because he was guilty of the
heinous crime of circulating a petition calling upon the governor to call an
election for the purpose of giving the people of the state the privilege of
deciding, by their votes, upon the permanent location of the s at of state
government.
"This, of course, is a privilege, which the business men enjoy in their
own right as citizcns of the republic and we would not deny them the exer-
cise of the same for all the world: but it goes to show that we were entirely
warranted in assuming that Guthrie would play the dog-in-the-manger
game all the way through in this capital location matter. Notice the prompt-
itude with which her business men denounce one of their own citizens for
the dispalv of a little activity in bringing the capital location question to a
vote!
"Thes-p petitions, bear in mind, are a necessary preliminary to the sub-
mission of a bill to a vote of the people which expressly provides for the
candidacy of Guthrie, among other cities, as a state capital aspirant. If ]
the people of that city were concerned in the least about their right to hold :
the state capital by the will of the majority, they would aid in the circula-
tion1 'of the petition rather than denounce as a traitor a citizen who was I
guilty or no great r offense than contributing something toward bringing
tile question to a vete. ... t
"But that isn't Guthrie's style. Having acquired the seat of state gov-
ernment by a trick, its citizens now propose to hold it by defeating, if they
can, all efforts to settle the question in an hoorabl; way. In a word, they
, expict to play the dog-in-the-manger game in the hope of preventing the
people of the state from; exercising the privilege of locating the permanent
•ae.ft of government by. their votes at an early date. I^et no one over the^
State, therefore, be fooled by the antics or the Guthrie crowd. They must be
expected, at all times and upon all occasions, to do everything within their
power to prevent a vote being taken, on the capital location question."
as others see.
And it is getting this character of tight. II re is an editorial In the
Enid Eagle:
"While reports continue to come out of Oklahoma City that work Is
progressing rap liy on the big packing plant which Morris & Co. have
promised to build there in return for a bonus of JliOO.OOO, yet the atmos-
phere o( the packing house world is not by any means serene and there
becomes daily a greater possibility that the big four of the meat trust may
not enter this field at all with a packing plant. The Eagle was disinclined
to believe at first that th re was any truth in the report appearing in some
Sunday morning papers to the effect that an agreement had been reached
• between the four big concerns composing the packing house combine that
none of them would enter the southwestern field, and the Eagle is somewhat
inclined to adhere to that belief yet) but we must admit that our position
received a rude shaking up by similar reports to the one quoted yesterday
appearing in various eastern papers, notably in Boston and New York, which
papers liuve just reached here. In those journals Morris & ( o. are specific-
ally named as a party to the agreement not to enter the southwestern field
at this time with a n w plant. Should these reports prove correct Oklahoma
City will need sympathy of the entire state for her plans have all been based
on this packing house proposition and the bottom would fall out of its real
estate market in a hurry If it were known that the packing house project
had fallen through. The Eagle does not think it has fallen through, but
there is such a possibility and the possibility may as well be taken into ac-
count."
The editorial is based on the following dispatch:
"New York, June 5.—it is said here today that all plans for the con-
struction of new packing plants in Oklahoma and Texas have been aban-
doned owing to the merging of the interests represented by the great pack-
ing corporations. It has hem planned to invest not less than four million
dollars in new packing plants and for a time it looked as though there was
to be a merry war for control of the Southwest. With, however, the merger
concli 1 d the new investments will not be made. For some time the pack-
ing interests have been at war and in the play there was a move to build
tiew plants These outlined plans were the cause of a final effort to get to-
gether, with the result, it is said, of the merger concluded here. It is said
the federal authorities will endeavor to prevent the merger."
a bi ster balloon.
Oklahoma City should take warning of the Wichita busted boom, from
which it took twenty-four years to recuperate. If Oklahoma City s lis lots
on a fraud proposition for a packing plant, the thousands who will be
robbed in the purchase of lots will turn upon it and do it as much harm
as they do "d no" Oklahoma fit- . like Wichita, has about taken In tne
whole county for h towntlte, nough for a million people, and its straining
to lay out more additions on the strength of the location of the capital will
bring the wrath of the people of the whole state upon the city's head.
All the railroads doing an interstate
business in Oklahoma will be made de-
fendants in an injuncton suit to be filed
by Attorney General Charles J. West
In the Supreme Court of the United
States to restrain all such common car-
riers from delivering interstate ship
OKLUIOMA WOMAN A SI K IDE.
The mystery of the "Woman in Blue"
who killed herself with carbolic acid
Monday at Golden. Colo., has been
cleared by her Mentification as Anna
Coyne, a dry goods clerk, and sister of
Mrs. T. J. Clark of Stillwater. Okla. It
is understood the sister had quarrelled
over the division of an Inheritance and
this with poor health likely caused the
suicide
The woman committed suicide about
10 o'clock Moid-iy morning by swal-
ments of intoxicating liquors to per- lowing carbolic acid. Her death con-
sons In Oklahoma holding ederal liquor (vulutoos were witnessed by < liarles
licenses. Under the Oklahoma consti- and George Plain, whose father leases
tution and prohibitory laws the hold- the Tynan ranch. They thought the
Ing of a government liquor license is woman crazy and instead of going to
prima facia evidence of intent to vlo- her assitaauce ran home and notified
late the law-. There are now 1,200 hold- their father.
ers df such licenses in Oklahoma and The elder Plain telephoned to Sher-
State Enforcement Attorney Fred S. iff Heater that an insane woman was
Caldwell hus submitted to the rail- at the ranch and for the officer to
roads lists giving the name of each come and get her. Sheriff Heater did
such license holders holder. This list not arrive until 1 o clock, at least
is accompanied with a statement from three hours after the woman died,
the enforcement department that it The vial which contained the dead-
considers the delivery of liquors to ly drug has not yet been found, and it
such persons a means of assisting in is believed the woman threw the bot-
iscreating a nuisance in this state and tie into an irrigation ditch after drain-
it is on this main contention that the j ing its contents.
suit is to be filed in the supreme court The woman's pocketbook, which
or the United States. j was also found near the body, con-
Attorney General West and Mr. ('aid- ] tained a linen handkerchief enibroid-
well consider the delivery of intoxi-jered with the initial "J," a *5 bill, a
cants to federal license holders one of dime, a nickel, four pennies, a small
the principal impediments to the en-j lead pencil and a four-leaf clover,
forcenient of the prohibitory law in] Every tooth in her upper jaw had
Oklahoma and the suit is to be brought t been filed with gold or* amalgam,
with the hope that this alleged prac- j while tile lower teeth are apparently
tlee may be declared illegal by the t sound. She was about five feet five
highest court of the land. Attorney inches tall and of medium build.
General West is now engaged in pre- I
paring the suit. i republican" («eis okmi ltd.l.
in conjunction with this action En-j seat.
forcement Attorney Caldwell has filed I 1
in the county court of Oklahoma coun-1 In one of the three decisions handed
Federal Court Says Frisco
Charter Cannot be For-
feited by Statute Prohibiting
Change of Court Jurisdiction
The death-knell of the McCalla act,
passed by the first Oklahoma legisla-
ture, prohibiting the transfer or cases
rroni the state to the federal courts by
railroads and other foreign corpora-
tions, was sounded by Judge John Cot-
teral of the circuit court of the United
States for the Western district of Ok-
lahoma, by the principles he laid
down in his opiniou overruling the de-
| murrer of the state to the petition of
' the Frisco Railroad company asking
1 for an injunction restraining the sec-
retary of state from forfeiting the
charter of the railroad.
Judge Cotteral overruled the demur-
rer, issued a temporary injunction and
also held Invalid all acts of Assistant led or abridged by any
Secretary of State Leo Meyer attempt-1 state."
to enjoin them is not a suit against
the state. The authorities justify the-
conclusion that the suit is not on
against the state, but the holding of
(his court will be to that effect."
The attempt of the atat" through th
McCalla act to prohibit the transfer
of cases from the state to the federal
courts is disposed of by this statement
in Judge Cotteral's opinion:
"The right to resort to the jurisdic-
tion of the federal court including th-a
right of removal thereto, is a constitu-
tional right conferred by the federal
constitution and the laws of congress
enacted in pursuance thereto. It is au
absolute right that cannot be impair-
statute of a
ing to annul the charter. Twenty days
are given Attorney General West to
file an answer and a cross-complaint.
The McCalla act declares the domi-
cile of every person or corporation do-
ing business in Oklahoma to be within
the state and then provides:
"That the license or charter to do
business within the state of Oklahoma
of every person, firm or corporation
who shall claim or declare in writing
before any court of law or equity with-
in the state of Oklahoma, domicile
within another state or foreign coun-
try. shall upon such declaration be
immediately revoked."
The object of the law was of course
to force corporations domiciled in oth-
er states to stay out of the federal
When such corporations make
ty a suit to test the right of importers ' down by the supreme court, Justice | courts.
of intoxicating liquors to convey such' Turner affirms the district court of, application for a transfer to the feder-
shipments from place of carrier deliv- j Okmulgee county in seating M. L. a' couits on tin
ground of foreign
erv in this state to place where such : Alexander as county judge. Alexan- Idomicile, the judge or the state court
der the republican candidate, was, is required to Immediately notify the
contested bv J. L Newhouse. demo- , secretary of state who is to revoke the
crat. In the 1907 election. Newhouse j charter. If the company continues to
was given a certificate, but was un- do business it it subject to a fine of
importer intends to store, hold or use
such liquors. The suit will be carried
through the courts of Oklahoma if
decided adversely to the enforcement
department, to the supreme court of | seated on a recount of ballots.
the United States. Under the inter-
pretatlon of the prohibitory law placed JUDGES k INE AMD
by the criminal court of appeals intet-- WED.
state shipments cannot be seized be-
tween the railway station or express
office and the residence of the consig-
nee. It is the desire of the attorney
general and enforcement attorney to
from $1,000 to $5,000 for each day
In discussing the question of his jur-
campbeli, isdiction In Ills opinion. Judge Cotteral
llaid down this proposition:
J "The state being entitled to immun-
ity from suit, objection is made to the
jurisdiction of the court on the ground
Judge Campbell of-the Eastern dis-
trict of the federal court, was married
at noon June it. in Peoria. 111., to Miss' that the suit is one against the state
Clara E. Duth. David F. Dickey of The question whether when state of-
liave this question also decided in the | Muskogee was best man. Judge fleers a e defendants, the suit is
United States Campbell was born in Ohio and rear-1 against the stat- is the subject of fre-
supreme court of the
hoping for a decision that such ship-
ments may be seized as soon as they
leave the office of the carrier.
high col'kt settles fee l is-
fite.
Justice Dunn of the supreme court
In the case of J. A. Bohart vs. Marguer-
ite Anderson, holds that there is no
ed in Atchison. Kan. He was admitted I ouent decisions by the courts. The
to the bar In Oklahoma, has had an'only difficulty in a given case lies in
almost unparalledel legal career, and, the application of the princlpl
was appointed judge of the United have been judicially settled.
States court for the Eastern district,is not always whether the state is nam
of Oklahoma in 1907. He is about 38 (,i a« a Party.
vear old.
■s which
The test
It may virtually be the
real party If its officers are sued as
Chief Justice Kane of the state sn-1 representating the state's action or 11a-
ourt was married June 9 at hility. In such case, or where the offi-
j prenie cf
statute in effect providing solely forest. Paul. Kan., to Miss Kathrine Rea-
costs of appealing or filing a case in i gan. Ed Butler of Waurika was best
the supreme court and the fee schedule i man. Justice Kane was born in
provided under the session laws of Niagara county, X. Y., admitted to the
1897, Teritorv of Oklahoma, is not ap-
plicable to the fees to be charged by
the clerk of the supr ,.ie court, declar-
ing that the territorial legislature had
no power to legislate upon the subject.
The court holds there is no statue or
law governing the fees of the clerk
of the supreme court and that the
clerk could require attorneys to pay
as costs in that court a schedule which
cers proceeded against are charged
with no duty relative to the statute
which is assailed, the suit may not be
maintained. But where the officers
under color of an unconstitutional
bar in New York state, came
Wichita Kan . in 1886. to Oklahoma In statute or assuming :o proceed under a
18S9, and waselected to the supreme j valid law but going beyond the powers
court in 1907. He is 45 years old.
wo* in
BREAK CLUBS OVEIt
MAN'S HE A IS.
| thereby conferred, threaten to com
i mit an act of wrong and injury to t'.
\ rights aid property of another a suit
Judge Cotteral holds that the rights
asserted by the complainant had their-
origin prior to statehood and the stand-
ing to be accorded those rights are
well settled. He says:
The state of Oklahoma, organized
upon the domain of the two territories,
has provided by its constitution that
xistlng rights and contracts shall con-
tinue unaffected by the change in the
forms of government schedule, section
1. The rights and contracts so far as
shown by the complainant and origin-
ating before the admission of the state
must be preserved thereafter in their
original integrity."
"It Is clear that the enforcement of
the act against the complainant would
not only impair the obligation of con-
tract. hut also deprive it of its prop-
erty without the due proces„ of law."
The state set up as a defense the
fact that Assistant Secretary of State
l.eo Meyer had issued the order revok-
ing the Frisco charter before he had
been served with notice that the Fris-
co had asked the federal court for an
Injunction. On this Judge Cotteral
said: "The point is highly technical
and goes to an avoidance of a decision
on the merits. It is not available. In
such a case a court of equity has-am-
ple power to compel by mandatory in-
junction the restoration of the former
conditions of things and prevent the.
gaining of an advantage by reason of
the wrongful act."
A portion of Judge Cotteral's opin-
ion, upon which there is a diversi-y
of opinion, follows:
"Undoubtedly it Is general rule
that foreign corporations enter a state
to carry on business therein by comity
only, and that a state may at will ex-
clude them on conditions, or terminate*
its permission once given to continue
such business.. In the case of Doyle-
vs. .Insurance company. 94 U. S.. 53!>,
and Security .Mutual hire lnsuran.ee>
company VS. Prowitt, 202 U. S. 246, ft
was held that while a state may not el-
act in advance an agreement from a.
foreign insurance corporation that it
will not remove a case to the federal
court, yet it may make such removal
the event in consequence of which tha
expulsion is to take place."
I would be a reasonable compensation j Sunday night he was whipped in pub-
for his services. ' lie by the wives of two prominent
T. V. McNEAL Ol'T FOB CONGRESS, about thirty feet from the ground, and
Hiram Ellis, a painter, left the town ! . r emained there until help came. Whet
of Marshall, this county in a hurry, j [) R. Anthony. Jr., representative they were rescued both were beyond
from tile First Kansas district in Con- recovery.
gress. will have to contest his next
The decision is upon a controversy j business men. Monday a delegation congressional nomination w ith T. A.
which arose between J. O'Neil, coun-' 0f business men called on him and McNeal of Topeka. state print r for
sel for plaintiff in error, and Courf warned him to leave. Tuesday he had Kansas.
clerk Campbell, the latter requiring disappeared. j Mr. .McNeal is a brother or J. W
O'Neill to pay $10 in filing a case to' Hlllls* assailants were the wife of a xeal of this city.
cover costs. O'Neill contended that jeweler and the wife of a grocer. The , —
Mr
1 under the statute of 1897 that he could women had heard rumors connecting
! gives a supersedeas bond for c osts and their names in an unpleasant way with
j not be required to make a cash deposit. : that of the painter and they started
I Justice Williams dissents from the | out to hunt for him after a conference,
decision.
two new ji does.
fol-
Governor Haskell gave out th€
lowing appointments:
For judge ot the Twenty-second ju-
W. L,. Barnum of Sa-
!i:n< ampmevt to be held ji i.y 20
Announcement is made from the ad-
jutant general's office that the annual
mobollzatlon of the Oklahoma National
Guard will occur on July 20 at the new
state encampment gorunds near
Chandler, and the encampment con-
tinue for ten days.
They were armed with heavy sticks
Just before dark they met him down djeial district
town. Together they wielded their pulpa.
clubs, before the astonished painter For judge of the superior of Oklaho-
ould flee. Again and again the clubs ma county. A. M. Mundon of Oklahoma
yere brought down on Ellis' head and city.
shoulders and the women did not de- The superior court judge for Potta-
slst until one of the clubs was broken, watomle county was not named.
Ellis did not try to escape until the
women withdrew. two dead men swin >111) aid.
The wlr-s through the 2:100 voltage
reached the men were cut within 30
seconds from the time of the accident.
Weakley was a single man, 22 years
old. His father and mother r.side in
this city. Bloodsworth was married,
29 years old. and his family resided in
Enid for some time.
The sickening sight of the men
hanging on the wires and tlieir remov-
al was witnessed by many hundreds
of people, and business was suspend-
ed for a time through the retail dis-
trict.
girl in pantaloon skirt
causes panic in chicago.
VIADUCT WILL RE BI'ILT.
At a meeting of the railroad officials
tif the Santa Fe, a committee from the
''hamber of Commerce and a commit-
tee from the city council, held in the
mayor's office it was decided that the
viaduct to cross the tracks on Noble
ivenue, extending from Second street
•o Firth street. The engineering will
ill be nnder the supervision or til
city and the railroad engineers and
will be one of the best constructed of
Its kind west of the Mississippi.
VI) 1
slave!! sentenced to Enid.—June Weanle.v
hallows. j Bloodsworth are dead
Ada. Ok.—Dan Scrlbner was con- i with live wires.
vlcted Friday morning of the assas-1 The men were employ
Binatlon of City Marshal Zeke Put- Electric and Gas company
man of Allen last January. A death o'clock Monday morning they were at
sentence was recommended. work on a pole in the court house
Mack I„ee, the wealthy Stigler cat- park, putting in a new line. Follow.
the rule when working on a "hot
and James
At 10
tlenian, who was accused by Jonhson (Ing
f offering cash and a tract of land
for death or Putman, will be plaei ,
u trial .Monday. There are four oth-
ill r n Uint-i.
pole, two men were sent up, that each
might protect the other. In some way
i'ie current got both ot them, and th*1.
-II. simultaneously, acr
Chicago—The opportunity was too-
good to miss. Two days after the
picture of the first "pantaloon skirt,"
rrom contact j as worn by a famous French actress,
appeared In the papers, the garment
■s of the Enid j made its debut on the Chicago boule-
vard.
A well known music hall singer
proved to be the speediest dressmaker
and she beat the other publicity seek-
ser by a whole day. Her appearance
on Michigan avenue yesterday creata
the nearest thing to a panic seen on
that blase thoroughfare sine., the ar-
wire rival of the first sheath skir:
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Golobie, John. Oklahoma State Register. (Guthrie, Okla.), Vol. 18, No. 14, Ed. 1 Thursday, June 10, 1909, newspaper, June 10, 1909; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc112653/m1/1/: accessed April 26, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.