Oklahoma State Register. (Guthrie, Okla.), Vol. 19, No. 13, Ed. 1 Thursday, July 7, 1910 Page: 1 of 8
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A
NINETEENTH YEAR No. 13
GUTHRIE, OKLA., . THURSDAY, JULY
1910
$1.00 PER Kill.
THE GREAT McMURRAY-McGUIRE THREE
MILLION DOLLAR FEE DEBATE
IN CONGRESS.
OKLAHOMA SCORES A GENUS.
Goldie E, Chestnut, Writer of Rasf-
Time M nvic—"'I'll*' Rusty Hag
Two-Step.
Below is reprinted from the Congressional Record
the debate on the famous Gore charges of bribery in re-
ration to the McMurray Chickasaw-Choctaw attorney
fee, of which so many conflicting stories are afloat.
There are other parts of the Congressional Record that
touch upon various phases of the same matter, but the
debates printed below are the gist of what transpired
in the Senate when Senator Gore blocked a certain
amendment of the appropriation bill, on Friday, next
to the last day of Congress, and Mr. MeGulre's resolu-
tion Saturday night, the last three hours of Congress
before adjournment, asking for a committee to investi-
gate Gore's charges. The first part reports the pro-
cesses by which Mr McGuire introduced the paragraph
to the conference committee on appropriation, and Sen-
ator Gore's attempt to keep it out, the second the night
session, at which a suitable resolution for an investi-
gating committee was under discussion. Here is the
Congressional Record verbatim:
Saturday, June 25, 1910,
On the bill (H. R. 26730) making appropriations to sup-
ply deficiencies in appropriations for the fiscal year
1910, and for other purposes.
Mr. Carter said:
Mr. Speaker: Under leave to extend my remarks
In the Record I simply wish to reiterate some records
and to refer to some matters of vital importance to
Congress and the people of Oklahoma.
Some time before the general deficiency bill was re-
ported to the House, while talking with Congressman
Tawney, chairman of the committee on appropriations,
concerning the paragraph in that bill to pay the Choc-
taw and Chickasaw Indians for the Chickasaw freedmen
lands, I learned that a request had been made to have
this paragraph carry an appropriation for attorney fees
for J. P. McMurray. I told Mr. Tawney if such an
amendment come on the floor of the House a point of
order would be made against it, and if it was not right,
he would not put it in. I was present when the general
deficiency bill came in. It did not contain the amend-
ment for attorney fees, and the following debate oc-
curred on Saturday, June 18, 1910:
The clerk read as follows:
To pay the judgment of the court of claims in cause
No. 23115. The United States, complainant, against the
Choctaw Nation and the Chickasaw Nation and the
Chickasaw freedmen, defendants, certified to Congress
in House document No. 920 of this session, after deduc-
tions not exceeding $13,000 are made therein, as provid-
ed for by the terms thereof. J606.936.08, or so much
thereof as mav be necessary,
Mr. McGuire of Oklahoma: Mr. Chairman. I offer
the following amendment, which 1 send to the desk and
ask to have read:
The clerk read as follows:
After the words "United States," in line 5, page 65.
add:
"Resolved, that said judgment shall bear interest
from April 27. 1903. the date thereof, at the rate of 4
per cent per annum, and that out of the proceeds of
said judgment there shall be paid to the attorneys of
record in said case, in full compensation for their ser-
vices. 6 per cent of the amount of said judgment, to-
gether T-lth Interest ther on from the date of same at
4 per cent."
Mr. Tawney: Mr. Chairman. I reserve a point of
order on that for the purpose of ascertaining whether
or not this Is the amount stipulated in the contract for
services rendered by the attorneys.
Mr. McGuire of Oklahoma: It Is the amount stipu-
lated in the contract.
Mr. Tawney: I will sav to the gentleman from
Oklahoma that so far as the interest is concerned this
Is a final judgment of the Supreme Court of the United
States. Under the law all final judgments bear 4 per
cent interest from the date of the rendition of the judg-
ment until paid when the Government is the appellant.
Mr. McGuire of Oklahoma: That is this amendment
exactly
Mr. Fitzgerald: Not against the Government. We
pay no Interest.
Mr Tawney: If the Government of the United
States is the appellant, then it is chargeable from the
date of the rendition of the judgment. If the judgment
was rendered on the appeal of the claimant, then it Is
not, as I understand th« law. This case was appealed
by the Government of the United States.
Mr. McGuire of Oklahoma: It wasappealed by the
Government of the United States.
Mr Fitzgerald: Mr. Chairman, this Is too an im-
portant an amendment to be put on here without some
knowledge or investigation by the committee. I under-
stand it will be eight years' interest at 4 per cent.
Mr Tawney: Interest at 4 per cent is what the law
, allows.' and it would draw that Interest without this
1 amendment.
Mr. Sherley: Is the gentleman sure of thatT
Mr Tawney 1 am sure that where the judgment
la rendered on an appeal taken by the Government that
is to so. which is the fact In this case.
Mr. Stafford: What Is the necessity of incorpora-
ting the amendment?
Mr Tawnev: That Is what I want to know.
Mr' Fitzgerald: There Is no provision which pro-
vides the payment of these attorneys of a certain com-
pensation with Interest on the attorneys' fees.
Mr Sherley: Is not the question of attorneys fees
a matter between the attorneys and the clients? What
have we to do with it here?
Mr Tawney: The contract for attorney fees has
been approved by the Secretary of the Interior before
the work was done
Mr Fitzgerald: Has It been approved?
Mr. Tawney: It has been approved at 6 per cent.
The contract was for more than that, but the Seoretan
of the Interior declined to approve the contract at
m0rMrhFitzgeIraldrnHas not the department the power
or these attorneys power under the law to protect their
lien upon this judgment without any legislation.
Mr. Tawney: They get nothing more under this
provision than they would get without It.
Mr. Sherley: We do not have enough information
to determine the matter, and the matter is of large im-
portance. What need is there of the House legislating
this fee for these men? If they have a contract, they
can enforce It. , . .
Mr McGuire of Oklahoma: T can advise the gentle-
• man of one necessity now. I will read to the gentleman
T* the judgment of the court: •
"Uoon due consideration thereof, the court being
■ . . ii — lnnn U la tiarnhv nHilintrPfl
v 'T
* TP|
erf
$7f
In
wl.
now fully advised In the premises, it Is hereby adjudged.
f0 ordered, and decreed that the Choctaw Nation and the
a rhickasaw Nation have and recover of and from the
' United States the said sum of $606,936,08, and that ap-
propriate judgment be entered herein accordingly and
hat he amount of said judgment be distributed per
capita among the citizens of said two nations respec-
tively, under the direction and supervision of the Sec-
retary of the Interior."
Mr McGuire of Oklahoma: Just a moment. The
Mntrflct provides that the attorneys pay all the costs
of this case. There Is no provision Jn this blllL aside
from this an
permit final settlement.
from this amendment, to permit that to be done or to
il-mt final settlement, and It requires this provision In
order that the amendment of the court may be carried
out
Mr. Sherley: But what the gentleman Is asking this
House is this: He read the judgment of the court giv-
ing judgment in the sum of $600,000 without a word In
it In regard to attorneys' fees. Now, I have no.reason
to doubt the accuracy of the gentleman's statement, but
he is asking of this House that we should incorporate
In this appropriation terms giving to these attorneys a
certain sum. If that Is necessary, let it come with a re-
port from a committee. I make the point of order.
Mr. McGuire of Oklahoma: I do not think it is sub-
ject to the point of order. It Is authorized by law.
The Chairman: Does the gentleman from Okla-
hoam desire to be heard on the point of order?
Mr, McGuire of Oklahoma: Mr. Chairman, I think
it is carrying out a judgment of the court providing that
this judgment be paid.
Mr. Sherley: Now, I submit to the Chair that the
judgment as read simply authorizes the award of a
given sum to the Indians without any statement what-
ever touching the terms of the fees that should be
granted counsel in the case.
Mr. Fitzgerald: Mr. Chairman, there Is an absolute
legislative provision in here. There is no authority of
law for the payment of this money to the attorneys.
There Is no authority even in their contract to pay
them interest on a percentage of the award.
Mr. McGuire of Oklahoma: The amendment is en-
tirely within the law as to the interest to be paid upon
the judgment where the United States, is appellant. The
amendment is within the provision of the law.
Mr. Fitzgerald: If these attorneys have a valid con-
tract. they have ample rights under the law to go to the
courts in the d'strlct and have their fees paid to them.
If they can establish their right to them. That is the
practice, not that Congress should attempt in this way
to determine the fees of these lawyers, who, I under-
stand. have frequently got excessive sums out of this
Indian legislation.
Mr. McGuire of Oklahoma: This is only the state-
ment of the gentleman,
Mr. Fitzgerald: What is that?
Mr. McGuire of Oklahoma: That is the gentleman s
statement. , _AA
Mr. Fitzgerald: That is the fact. They got $7 0,000
out of one of these tribes, with which I am familiar, and
which, I think, was a gross abuse, which many also
think.
Mr. Mann: Everybody else thinks so.
Mr. McC.uire of Oklahoma: I know nothing nbout
the merits of that matter. I am simply speaking of this
particular provision. , _ ,
Mr Fitzgerald: I fail to understand it. 1 admit.
Mr. McGuire of Oklahoma: It Is simply a case
where these people want to pay the dept they have con-
tracted with these people.
Mr. Fitzgerald: Well, they can pay it.
The Chairman: The Chair is ready to rule. If this
amendment does not change existing law. does not make
new law there is no purpose in the amendment whatoe-
ever In case it does make new law. then It Is not In
order on this bill. Therefore the Chair sustains the
'"'"m". Carter: When the general deficiency bli. wcni'
to the Senate, Senator Gore had Inserted therein an
amendment providing that no contracts between attor-
neys and the Choctaws and Chlckasaws, or any Indi-
vidual members thereof, should be approved except by
Congress. The deficiency bill was sent to conference,
and Senator Gore's amendment emerged therefrom in
the following emasculated form:
"Provided. That all contracts heretofore made by
said nations, or either of them, shall be null and void
until approved by the Secretary of the Interior and the
President, and all contracts heretofore made by the In-
dividual members of said nation affecting the tribal
property shall be approved by the Secretary of the In-
terior and the President at such rate of compensation
as they may determine."
Whereupon the following debate took place upcm the
floor of the 3enate on Friday. June 24 1910:
Mr. Gore: Mr. President. I wish to inquire if the
general deficiency appropriation bill conference report
has been brought in and adopted?
The Vice-President: It has.
Mr. Gore: I wish to say, Mr. President, that I had
preferred a request to a member of that committee to
be advised before it should be finally adopted by the
Senate. I was engaged with the committee on Ind an
affairs and received a message that the report was being
brought in, I hastened to the Senate, with a view to
making the motion that the Senate insist upon its
amendment relative to certain Indian contracts. In
truth, I was engaged before the Indian committee dis-
cussing a similar proposition in an effort to make as-
surance doubly sure. I wish to state briefly my reasons
for desiring to have made that motion and my regret
that I was absent from the Chamber when the report
Wa%Te?e?l1Ve1men0dPment which I submitted a few
days ago providing that contracts affecting the tribal
money and property of the Chickasaw and c^°fta
tribes of Indians should be null and void until ratifl
by Congress. My object. Mr. President, was to prevent
the perpetuation of certain grafts in Oklahoma against
the Chickasaw and Choctaw tribes of Indians My pur-
pose was to prevent and to forever forestall what are
known as the McMurray contracts.
Mr. Hale: Mr. President
The Vice-President: Does the Senator from Okla-
homa yield to the Senator from Maine?
Mr. Gore: Certainly. .... t,,„
Mr Hale: The Senator, through no fault of his,
was not here when the report was presented. The Sen-
ator, at the request of the committee of conference, ap-
peared before the conference committee and presented
the case of his constituents. Perhaps the Senator does
not know that the provision adopted by the conference
committee, largely because of his strong statement be-
fore the committee. Is that none of these contracts for
the past nor for the future shall be carried out unless
thev are approved by the Secretary who has charge of
these matters and by the President of the United States.
I think the Senator's contention Is safe, because the
committee has carefully reported to the Senate, and the
Senate has adopted that provision, and I do not believe
that the contention of the Senator himself will suffer
either with the Secretary or with the final approval of
the President.
Mr Gore: Mr. President, I am glad to receive that
assurance. I had been advised that the amendment
which I had submitted had been stricken out entirely,
and I had not been informed of the provision substi-
tuted as Just stated by the Senator from Maine. That
is however, the existing law with the exception that
the new provision requires the approval of the Secre-
torv of the Interior. «
This contract with McMurray was disapproved by
President Roosevelt and disapproved by Secretary Gar-
field The original contract has been withdrawn, but a
number of Individual contracts have since been brought
forward which will realize to Mr. McMurray a fee of
$3 000 000 If they go through, which will be a net loss to
(Continued on Page Two.)
I
FARMERS, USE YOUR THIlVCERS
A Net Loss of from a Quarter to t\ Half
Million Dollars to the Wheat Gr •- v-
ers of Oklahoma for this Year. \
Editor State Register:
1 am directing a letter of informa-
tion to the Farmers' Institute officers,
Commercial Clubs, Chambers of Com-
merce, and all newspapers In the sev-
enty-six counties of the state, calling
their attention to this enormous loss
and at the same time giving them in-
formation necessary to overcome
same.
Threshing machines are at work
in every wheat growing section of Ok-
lahoma, and the largest crop of wheat
ever grown In the state Is ready to
be marketed. At the present time the
highest priced market is Minneapolis,
Fallis, Okla., is the home of a young' the buyers of that City offering hlgh-
composer, whose first effort has just er prices than those of any other sec-
been brought out by the Jerome H. tion of the United States or of Europe
Remick company of New York City. Minneapolis wants immediately, and
"Rusty Rag Two-Step" was com- iS willing to pay a high price for, an
pdsed so off-hand as to be considered enormous quantity of strictly pure
rather a joke—Goldie being the young- hard winter wheat. Oklahoma wheat
est of the talented family.
It was not until wierd strains arose
in the dead of night, and listeners also
arose to find the young musician shiv-
ering at the piano, that the embryo
"Rusty Rag" became an established
fact.
Goldie Is a pretty blonde, with a
saucy smile and fetching way. She
seems utterly unconscious of having
done anything out of the ordinary; but
her many friends are "looking up."
The second composition is well on
the way, and will follow closely on
the light heels of the rollicking two-
step. "The Rusty Rag Two-Step" mu-
sic is on sale at Knaus' Music Store,
WATERS-PIERCE AGREE TO
FIXE AM) FIXED PRUE.
Enid, Okla., July 7.—The famous quo
warranto suit brought In this county
by Attorney General West in the name
of the state _f Oklahoma against the
Waters-Pierce Oil company. Is now a
irinef of history. The final chapter
at tie case Ml ti written at 1 o'clock to
day when Judge A. H. Huston of Guth-
rie approved the stipulation entered
into by the parties effecting a compro-
mise of the suit.
The stipulation, signed this after-
noon, resulted in the termination of
the case Inflicting a penalty of $75,000
upon the Waters-Pierce Oil company
It restrains them from entering Into
any agreement or contract in restraint
of trade. The stipulation also con-
tains many other points not made pub-
lic.
It is believedthat this latter agree-
ment provides that a maximum tariff
shall not be exceeded by the defendant
company in their charges for oil In this
state. Attorney General West practi-
cally admitted this when he said that
the document contained agreements
relative to private business and the
welfare of the state.
The settlement of the suit pleased
both sides.
Attorney General West said that the
outcome of the suit was a great vic-
tory for the stat9 and will have a far
reaching effect on corporations In the
state. He believed it would do Okla-
hanio a great deal of good over the
cou country,
is from two to three weeks earlier
than that of any other section, and
if Oklahoma wheat growers could sup
ply this demand, they could secure a
good premium for a large proportion
of their crop.
Minneapolis needs a pure hard red
winter wheat, positively free from yel
low berry or any mixture of soft
wheats, and very few places in Okla
homa can meet this demand, because
last fall Oklahoma farmers were care
less and used seed with yellow berries
or with mixtures of soft wheat. The
loss from this seed will probably be
half million dollars. In some sections
of the state not a single car of pure
red wheat is available, and In many
other sections, where wheat Is the
main crop, there are only a few cars
of pure red wheat.
In nearly every wheat growing sec
tion, every load of wheat offered by
farmers shows a mixture of from two
to five varieties—some hard, some soft
Turkey Red wheat, of choice quality
was brought into the northernpart
the state several years ago, but prae
tlcally every new settler borught his
favorite variety from home and now
ai' the wheat is badly mixed and al-
though of good weight will bring at
least ten cents per bushel less than
Turkey Red that Is pure. It is neces-
sary for the Farmers' Institute to take
cure good seed. Experts should se-
lect the seed to be sure that it is pure
and of the kind wanted. In some in-
stances seed wheat was secured in
Kansas last season that was as impure
as local grain. Farmers in those lo-
calities are now skeptical about pure
seed.
I understand there is some Turkey
Red wheat in Kingfisher, Blaine and'
Major counties, and a few sections in
Kansas where pure seed may be ob-
tained. Many farmers feel that If
their wheat is sound and plump and
weighs heavy that It Is an outrage
to make a strong cut In price be-
cause It is mixed or has yellow ber-
ries, but actually the Impure wheat
should bring less than it does and It
would bring much less If the merket
as well stocked.
A barrel of flour from pure Turkey
Red wheat will make, at least, 320 per
pound baker's loaves of bread; a bar-
rel of flour from berry of mixed
wheat (soft or yellow wheat) will
make as little as 260 one-pound loaves,
a difference of 60 loaves per barrel in
favor of the hard wheat flour. From
one-half to three-fourths of all the
bread used in the cities of the United
States is made by bakers, and all the
large bakeries keep an accurate rec-
ord of the production of bread per
barrel of flour. Many large bakeries
make 30,000, and upwards, loaves of
bread dally, and the difference of even
a few lohves per barrel of flour makes
an enortnous difference In the year's
profits, so that the demand for pur
wheat and the cut In price made for
mixed wheat is a reasonable business
proposition. It Is a general Impres-
sion among well Informed men that
the pure r d hard wheat yields mora
in most sections of Oklahoma than the
mixed wheats.
The Rock Island railroad lines,
through their agricultural commis-
sioner, Mr. H. M. Cotteral, (who for-
merly superintended the Farmers' In-
stitute work in Colorado a numbef ot
years,) is assisting greatly to get tin*
wheat growers of Oklahoma Interested
in the selection of a pure seed wheat
for the state. He has thirteen states
under his direction and says that Ok-
lahoma farmers have the advantage
over the farmers of the oth< r states
up the matter, immediately, of getting |n which he operates by reason of tha
the farmers and business men of the early harvest of wheat.
state to realize the enormous loss to j goar(j 0f Agriculture hopes,
the stat? this year from yellow berry trough the Farmers' Institute and
and mixed wheat, and getting an o - wjth the asslstanc? of the press and
gantzed movement to secure Improved commPrc|ai organizations of the state,
seed for the entire area to be sown o agg|gj the wheat growers to save
wh at tills fall so that this great loss eat |Qgg jn t|,e next crop
will not be sustained next year,
The Farmers' Institute, the Farm-! Very sincerely yours,
ers' Union, Commercial Bankers, and 0KIAHOMA STATE BOARD OF AO-
grain dealers, and the Millers Associ-, R T|,R„
atlons are all vitally interested and KK lMlKE,.
shoould begin a movement at once in By JOHN p ELLIOTT,
campaign of education and one to se- gupt Farmerg, ingtltute.
IHCKERSON TAKES
CHANDLER'S JOB.
ROOSEVELT TO AID CAUSE | Is denounc d without equivocation by
OF SENATOR BEYERIDGE. the senator; and the same Republican
state convention which endorsed Beve-
Ovster Bay, N. Y., July 7. Albert J. I r|,jge for another term virtually repu-
B^verldge, United States senator from (]|atf>(j the law. In the senate Bever-
Indlana, and one of the most prominent
and consistent of the "progressive" Re-
publicans. came down from Sagamore
Hill this afternoon with a promise
idge fought the bill to the last and
then voted against it. (
It Is pointed <$ut, however, witli
this exception, President Taft and tha
Judge Dlckerson of Chickasha was ^ ruul e „llu
appointed Thursday by Governor I. N. | H()1 Wednesday night and
Haskell as a member of the state board. Sagamore ^ ^ ^ ^ ^
request me to go to Indiana and speak
from Theodore Roosevelt to deliver a genator from Indiana have been pulling
campaign speech in his fight for re-
election to th senate. Mr. Beverldge
departed content and smiling, but he
left It for the colonel to make the an-
nouncement of the proposed campaign
speech in the senator's behalf. Andj the Utehood
this Is what Mr. Roosevelt said:
Mr. Foulke and Mr. Swift came to
of affairs to succeed Bert Chaudler of
Vinita, who tendered his resignation
July 1.
CHANGE IN GUTHRIE
BANKING CIRCLES.
L. W. Bexter, who has been cashier
of the National Bank of Commerce of
thsl city, has presented his resignation
to the board of derlctors, and It has
been accepted, Mr. Baxter relinquished
his duties yesterday at 3 o'clock p. tn.
Mr. Robert C. Cardwell, who has been
connected with the bank ever since
In behalf of Senator Beverldge. I
promised them I would."
He added that he had agreed today
to make only one speech for the sena-
tor and as far as Is known, he will
make only one, The time and place
for this speech has not been fixed.
Those who have followed the politi-
cal conferences at Oyster Bay since
Theodore Roosevelt's return share the
belief that he has been feeling his way
cautionusly In his attitude toward the
administration and the insurgents, bdt
Its organization und-er the present today.g inc|dents are considered the
management, assumes the duties of important yet developed. Sena-
cashier. No election of cashier occurs; ^ BeVerldge Is making his fight for
at thlB time. Mr. R. N. Armstrong,
who has been with the bank for more
than three years, acts as teller.
The National Bank of Commerce of
Guthrie Is one of the oldest and strong-
est financial Institutions In the state.
& As always heretofore, it is still
Tmen" ofedthey h?g^TandTng.fended as the best tariff measure ever,
re-election as an Insurgent. He Is op-
posed by John W. Kern, who ran with
Bryan In the laBt campaign.
In his fight the senator Is placing
himself squarely against President
Taft, In so far ts the tariff law figures.
'1 The 'law which the president has de-
together as far as administration poli-
cies are concerned. There has been
no break between them. The president
entrusted to the senator the conduct of
two issues last session of congress-—
| the tatehood bill and the Alaska gov-
ernment bill. And although the sena-
tor worked faithfully with the Insur-
gent band in the senate, and had a
hand in the alteration of President
Taft's railroad bill, he supported ths
administration regularly In the last
session when the votes were taken.
Sagamore Hill was fairly swarming
all day with men of various political
persuasion. They came by train and
by automobile. They talked politics
all; but as they left town they wer
unanimously reticent when asked to
tell what they knew.
There wer three Inidanans among
the visitors. Besides Senator Bever-
ldge. they were Willam Dudley Foulko
and buclan Swift of Indianapolis,
Three came from New Hampshire—
Winston Churchill, the novelist; John
Bass, war correspondent and his broth-
er, Robt. R. Bass, who Is acandldata
for the Republican nomination for gov-
ernor.
New York state was represented by
Representative Hamilton Fish and
James R. Sheffield. From Montana
there wasthere was United States Sen-
ator Thomas Carter. .,« ,
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Golobie, John. Oklahoma State Register. (Guthrie, Okla.), Vol. 19, No. 13, Ed. 1 Thursday, July 7, 1910, newspaper, July 7, 1910; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc112709/m1/1/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.