Oklahoma State Register. (Guthrie, Okla.), Vol. 19, No. 16, Ed. 1 Thursday, July 28, 1910 Page: 1 of 8
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Oklahoma State
NINETEENTH YEAR
No. 16
GUTHRIE, 0 K L A.,
T PI U R S D A Y,
JUL
1910
*1.00 PER
YE AM.
GOULD NOT TAKE THE CAPITAL AWAY
FROM GUTHRIE ILLEGALLY.
* A
Supreme Court Injoins the Removal of Any Past Records or
Officials Except the Governor-He May Remain
Away if He Chooses.
The supreme court of Oklahoma de-
flared, Wednesday afternoon at four
o'clock that the capital should remain
in Guthrie and there broke out a cele-
bration of the event upon the streets
that did not cease until twelve o'clock
at night.
Under the decision all state offi-
cials, other than the governor, who
have removed their offices to Okla-
homa City must return to Guthrie and
stay there until the courts have fin-
ally passed on the question mentioned
in the foregoing. Should they refuse
to doso they are In contempt of the
district court.
The decision of tfce supreme court
Is most sweeping and touched on al-
most every phase of the state capital
question. Among other points referred
to is that the matter of determining
the legal seat of government is a judi-
cial and not an administrative one,
which finding entirely eliminates the
contention of Governor Haskell that
Oklahoma City Is the capital of the
state.
Up to this time the only state offi-
cials who had removed to Oklahoma
City are Governor Haskell, Secretary
of State Bill Cross, who, however, has
maintained an office in this city, Sec-
retary of the State Banking Board.
W. S. Stone, the state election board
and the state examiner and Inspector.
Under the ruling of the court, all
these officials must remove all state
property from Oklahoma City at once.
The governor may go where he pleas-
es, but legally his official acts must
appear as having been performed in
Guthrie. It is thought that Governor
Haskell will not return to this city,
The governor was notified of the
finding of the court a few minuteB
after the decision had been handed
down and was greatly chagrined at the
outcome. It is stated that all state
officials who have gone to Oklahoma
City under orders from the governor
will return to this city at once.
It is the opinion of attorneys on
both sides of the case that the decis-
ion, although It does not touch on the
point means that the capital will re-
main in Guthrie until 1913, no matter
what the finding of the lower court
as It will take practically three years
before all legal questions at Issue are
passed on. The opinion was written
by Justice Robert L. Williams and
Justice Turner alone dissented. In
the opinion of Justice Williams no
attempt is made to touch on the mer-
its of the capital controversy. three
questions alone being treated: The
power of the county attorney to bring
the Injunction suit in the district
court of Logan county in the name of
the state; the jurisdiction of the dis-
trict court over the person of the
governor and other state officers:
whether the petition tiled by Guthrie
in the district court Injunction suit,
sated an action over which Judge Hus-
ton's court had Jurisdiction. The
Guthrie petition alleged an Illegal
capital election and the binding ef-
fect of the enabling act. While the
court does not attempt to dictate to
the governor as to Ills duty, some
pointed references are contained 111
the closing paragraphs of the syjla-
bus of findings. "The duty of the of-
ficers of the executive department of
this state to keep their office at the
seat of government Is mandatory an'd
Involves nn Pi">«tton of discretion.
The determination of where the
seat of government is. Is a judicial
question."
Under the present status of tbe case
District Judge Huston will continue
trial of the application of County At-
torney Hepburn of Logan county for
a permanent Injunction against the re-
moval of the state books and records
on the ground that the election of
June 11, was Illegal because of the
form of ballot usol and the provisions
of the enabling act and that removal
would be attended by an unlawful ex*
penditure of public funds.
Attorney General West brought the
case into the Supreme Court at the
direction of Governor Haskell ask-
ing a writ of prohibition taking the
, case ofT the hands of the district court
I of I gan county, which on the night
of June 11, lBsued an Injunction
| against the removal of the state rec-
ords from Guthrie by Governor Has-
kell and the other state officers.
Arguments on the attorney general's
application were completed July 5.
The decision in full Is as follows:
(Continued on Page 2.)
TWO HUNDRED SAY FAREWELL
tO REV. FAIRCHILD.
With the sacred notes of "God be
with you till we meet again," sound-
ing from two hundred loyal throat3
and two hundred hearts putting life
and vigor into the music, Rev. Fair-
<-hild Tuesday night boarded the tram
that is to bear him to Helena, Mont.,
the scene of his future labor In the
vineyard of the I .ord. The scene at
the Saxita Fe depot, while awaiting
the train, to the uninitiated appeared
to be the welcome accorded a world
famous celebrity rather than the
leavetaking of a humble pastor of a
church of God. As evidenee o t e
effect of his labors here in Guthrie
the demonstration at the depot is Irre-
futable, lils stay has not been of sllght
avail The Rev. I^wls, pastor ol the
West Ride M. E. Church who 1b to
spend a few weeks in the mountains
of Colorado, accompanied Rev. *air
chlM on the'first stage of his journey
Dr Falrchild preached his farewell
sermon at the First Methodist chuPfh.
last Sunday to a crowded house, His
text was the words of Paul when h
appointed Timothy to the ®hurC* *<■
Phiiiini—"If Timotheus come, greet
sswaapSSS
dom of God on earth. Dr. Faucnuu
vTrstor at: 3
membership has ^n increased 242.
The Sunday School ln
■an ftverftS® of * church
growth. TI . thts successful
aCXa e was^ the building and com-
pastorate was i brlck aml Btone
pletion of a fine ne th
•churcji edifice worth J Sab.
close of the morning wm for.
bath the whole audience farewell
ward and bade the
an(i God-speed. N°*,. j,Larture but
congregation rwe h,8 golng is
the entire iit> feeis thp tn-
an irreparable to«v Wheio(jKe ^ m
terests of the ?!T. n called up-
fac* any society or p always
on him for Bf,rvlce a°Jprg'd everv call.
very cheerfunyan apltal city of
As he leaves the state ' torate'in
Oklahoma for h, „v „[ Montana,
the state capital clW ™ ^
Helena, this P*Pe£egg than he had
him even a larg bespoa'k for him the
in Guthrie, a" welcome from the
warmest poasi church and the,
people of St. Paul S cnur that the
citizens of ^ memtr of our
aVCiS
];;f!;;raceter and "^fulness. .
win. D.W^-pf^K 8< H001'
. i nn.7riTwiH Make Api «r-
SdM.ol Lund Board * • , *
tlonroent of _50 <*nv Bphnol land
meeting ,of the s Mon-
board has been to approve the'
day at Oklahoma City to aPP B<hoo,
apportionment of *nof I
funds nlrp5',y0macass(dy. secretary of
kell and ■' • apportionment of 50
eentH°ner capita means the di.trlbu-
ti r r)"° BO to the various coun
tion of , n,,Tiise of tho'
niT.OOT school1 ch dr™es^7thayt nlo
dlsfrlbu^nSs toU:r a,Uio
more than DO cents per capita is cv
plained by the fact that errors were
made in the apportionment of funds
to Alfalfa, McIntosh and Washington
counties in January which are correc-
ted at this time.
The January apportionment was $1
per capita, which makes the total for
this year $1.50 the same as ln 1909.
The $S3,000 appropriated by the last
legislature to reimburse the school
school fund for moneys wrongfully
paid out for salaries and expenses of
the school land department, Is not in-
cluded in the present apportionment
by reason of the fact thai It has bc/n
found impossible to sell the state
warrants, except at a discount and it
was thought best to hold that aver
until the next apportionment, who!)
the warrants may be selling better
than at the present time.
Oklahoma county as usual gets the
biggest slice from the present app<fr-
tionment with Pottawatomie ^county
second. The school population and
the apportionment of each county Is
as follows: Adair, 3,533, $1,766.50;
Alfalfa, 5,756, $2,873; Atoka. 4,522,
$2,261; Beaver, 4,345, $2172.50; Beck-
ham 7,461, $3,730.50; Blaine 5,617, $2,-
808.50; Bryan, 8,674, $4,337"; Caddo,
10,665, $5,332,50; Canadian, 7,047, $3,-
523.50; Carter, 8,351, $4,175.50; Chero-
kee, 5,343, $2,671.50; Choctaw, 6,339,
$3,169.50; Cimarron. 1,634, $817; Cle-
evland, 6,517, $3,258.50; Coal, 5,105, $2.
552.50; Comanche, 11,385, $5,942.50;
Craig, 5,526, $2,763; Creek. 6,210, $3,-
105: Custer, 7724. $3,862; Delaware.
Interests wherever the opportunity
occurred."
The letter further states that In
many Instances convictions for- vio-
lations of the prohibition law have
teen reversed on appeal upon
rncal errors In the Indictments, that
without doubt "this might occur oc-
casionally and be perfectly proper,"
but that It has happened altogether
too frequently. The circular also
Bays that In some localities violators
of the prohibition law have been
turned loose because the judge and
county attorney feared a reversal
In reply, the court, over the signa-
ture of Presiding Judge Henry M.
Furman, Judge D. A. Richardson.
ex-Judge H. G. Baker of Muskogee
and ex-Judge Thomas H. Owen of
Muskogee, says In part:
"Inasmuch as the Criminal Court
of Appeals Is and always has been
composer! of three judges, and the
concurrence of at least two judges
Is required to render an opinion, and
since the court has been unanimous
in all Its decisions except one, this
letter must be construed as nothing
less than a direct attack upon the
court Itself and upon all the present
and former Judges composing the
same. These members believe that
these wholly false and unjustified
charges against Judge Doyle, the oth-
er Judges, and the court as a whole
should not be permitted to go unchal-
lenged or unanswered."
The court denies that any of Its
4.511, $2,250.50; Dewey, 5,321, $2,660.50 i decisions Interfered with the enforce-
ElIIs, 5,060, $2,530; Garvin, 8,684, $4.-1 merit of the nrohibltion law; and de-
342; Grady, 9,303, $4,651,50; Greer,' clares that If there are any county
5,598. $2,799; Garfletd. 9.941, $4,970.50;
Grant, 6,039, $3,019.50; Harmon, 4,29?,
$2,148.50; Harper, 2,650, $1,325: Has-
kell. 5,890, $2,946; Hughes, 7,498, $3,-.
744.50; Jackson. 7.099, $3,549.50; Jef-
ferson. 4,980, $2,490; Johnston. 6.103
$3,051.50; Kay. 8,691, $4,845.60; King-
fisher, 6,231, $3,115.50; Kiowa. 9,0.r
4,525.50.
DOYLE ATTACK IS GIVEN LIE.
Criminal Court Judges I'ulte In Scor-
ing Anti-Saloonists—Whole
Itody 0ffen4ed.
In reply to a circular letter of the
National Saloon League headquarters
committee, attacking Justice Thomas
H. Dayle of the Criminal Court of Ap-
peals and supporting the candidacy of
W. L. Eagleton of Pawnee for the
Democratic nomination to succeed
Doyle four former and present mem-
bers of the court Issued a signed
statement today. They defend Judge
Doyle from the charge of alliance
with the liquor Interests and declare
the letter of the Anti-Saloon league
to be an attack on the entire court.
and all Its past and present members
Inasmuch as every opinion rendered
lias been concurred in by at least two
justices.
The circular letter, dated July 7,
and printed on Antl-Saloon I>eagTle
stationary and sent to 90,000 voters,
la ln part as follows:
"One ofthe greatest obstacles to
the enforcement of the prohibition
law in Oklahoma during the past
two years has been the Honorable
Thomas H. Doyle, justice of the Crim-
inal Court of Appeals for the north-
ern district of Oklahott/a. Mr. Doyle
lias been and Is a consistent friend
of the liquor interests. As far as
we can learn, he never has claimed
anything else and certainly the rcc-
ard of the Criminal Court of Appeals announced his candidacy.
would Indicate that he lias consist- Kirk denied that he iias expended
ently and persistently favored thoaeany money in the race except his own.
judges or countv attorneys in this
state who have turned loose any vio-
lators of the prohibition law they
feared the reversal of a lawful con-
viction bv the criminal Court, "then
such judges and county attorneys
were either incompetent cravens, or
else they were corruntlonlsts seeking
any pretext to eyade the performance
of their duty."
In conclusion:
"We submit that this letter of the
Anti-Saloon league Is either a wilful
misrepresentation, a a demagogical
rant, or else It convicts- Its authors
of a profound and Intense Ignorance
not only of the nature of the cases
mentioned and of the law itself
but also of the very nature and
character of our government: and
It Is a false, unjust and unwarranted
attack upon the court and In par-
ticular upon an honorable, able, Just
and upright judge."
K INT KIRK IS NOW ft IT OK
GOVERNOR'S RACE.
Prohibition Candidate Pays Respects
to Antl-Saloon J.ea'jnie anil
Quits.
Brant Kirk, candidate for governor
withdrew from the race. His letter
of withdraw;^ denies that he was
ever hired by miy man or set of men
to enter the race or withdrew from
the race. His letter Is addressed to
George Conger, superintendent of the
anti-Saloon Tieague. "I heroby with-
draw from the race," lies ays. "Now
will Murray say that Cruce hired me
to get out of the race? nd will you
admit the whiskey men hired me to
run? Who Jias lied?" Kirk also as-
serts that a member of the Antl-Sa-
loon league came to his room In the
Lee-Huckins hotel and tried to bor-
row $1,000 from dim shortly after he
(TMJ1JNS SAYS I'LElKi'ES WEKJJ
NOT FIMILLED.
Council Grove, Kan., July 22.—Sen-
| .at'ir Albert B. Cumin.n^ oi Iowa In a
j speech before a chautauqua audience
here tonight asserted that the pledge
•or the e;<ublican national platform
for a levision of the tariff was not
tulfilled a ill that Senator Aldrlch and
Speaker Cannon and the others who
took the lead in framing the tariff
btii had never attempted and never
intended.to keep the party pledges.
I Senator Cummins came Into the
' home of one of the Kansas regular
' (origressmen. Representative James M
Millet—to give this message. The
ti ;,ulv'l WJS W"IVil • • st.irnd'
his speech. He said: "Cannon and'
Udrich and other stand-pat leaders
■ire driving the nation Into socialism.
j)r co-operative control and away from
the individual or competitive theory.
Jliist Eliminate Special Interests.
"1 am an exiionent of the progres-
sive Republican idea. I believe that
the Republican party can be made the
most progressive party on earth, the
that does things, for the good
if the whole country, But the special
interest man must he eliminated. That
is my seruion. That is what I talk
and If it helps or hurts any one where
I may be talking it does not bother
me. For ten years I fought for pro-
gress in Iowa and we have won and
are wining. This Is not a local mat-
ter at all but one covering all this
country and affecting other counrties
g<) that any local matter is of small
consideration.
• . "Our forefathers organized this gov-
ernment on the broad principle that
individual effort was better than co-
operative or collective theory of gov-
ernment, that the work of the In-
dividual was of more importance and
Better for the country than the devel-
opment of the socialist or monoiopls-
tlc theory of government and indus-
try. - Jt is the competitive against the
sot 'allst theory of government. Com-
petition in the individual or in in-
dustry are the only safe guards
against avarice and greed.
' Speaker Cannon and Senator Aid-
rich are driving the country Into a
socialistic form of government and in-
duftry because of their interst in
promoting th cause of monopolies
They ar.. unwilling to take measures
to privent the rapidly growing ten-
dency tow ird monopoly or to disin-
tegrate and destri y the monopolies al-
ready in existnee. whereby ti e prices
of commodities are fixed, not by the
usual laws of trade but by the will
Monopoly does not mean a single fac-
tory with absolute control of one ar-
ticle but a combination og factories
making the same article whereby the
prices sire the same in all, whether or
not tii factories are owned by one
company or are controlled through a
trust agreement.
"It Is only within the last few years
that the lack of competition between
American and foreign goods has be-
come so marked that the people be-
gan to talk about the tariff duties
being too high. The people have found
that the absence of foreign competi-
tion in the markets of this country
has made it possible for the American
manufacturer to increase his prices
at his own sweet will and without re-
gard to the actual market conditions.
Acceded to Public Demand.
"The feeling had grown that some-
thing must be done with the tariff to
re-establish competition In trade to
break down the monopolies. The Re-
publican national convention realized
this and It had to make an agreement
that if It were successful It would
revise the tariff so that the nonjopo-
lles and trusts could not longer anni-
hilate competition through the tariff
schedules. This was the firlst real
recognition that the tariff should be
put on a scientific basis where the
measure of the import duties was set
to protect the difference In the cost
of production at home and abroad
with a margin for a reasonable profit.
"In the Republican platform there
was no technical promise to revise
the tariff downward or upward. The
party simply pledged Itself tb make
such revision of the tariff as would
equalize the cost of production here
and abroad and make competition
possible in this country in many lines,
finve No Heed to Production.
"It was the duty of congress to
make this revision. Congress did not
do It It did not even attempt to do
It. Cnder the leadership of Cannon
and Aldrich the tariff was revlBed
without the slightest heed to the cost
of production anywhere. It is of no
avail to reduce the duties on any
commodity If the dutvds left so high
that the domestic producer can still
maintain his prices by keeping out
competition or even make his prices
higher than before and still have low-
er duty. Some duties were reduced
hut not so it would benefit the Ameri-
can people In any way because there
was no effort made to get at the pro-
ductive cost of the article.
"In many cases the charges were;
lr ft so high that the price on many
articles was increased in tlie face of
i reduced tariff and because the do-)
niestlc manufacturers were not afraid,
of foreign competition.
"Here Is a sample. The duty on.
steel rails was reduced from $7.24 a
ton to $5.93 a ton and still the United
States Steel corporaflnn Is able to
maintain a price of $28 a ton because
we make rails so much, cheaper here
than In other countries.
"The cotton schedule was actually
raised an average of 25 per cent, sim-
ply by changing the duties from ad
valorem t specific tvitiea. and this
was one of the biggest frauds perpe-
trated by congress in revising the
tariff.
During all the long debate on the
tariff bill. Senator Aldrlch never at-
tempted to apply the standard of the
epuhllcan platform pledge. He and
his followers openly and contemp'.u-
AN APPEAL
I TO THE FIRST
CONGRESSION-
AL DISTRICT. -
According to charges made by each against the
other, neither AlcGuIre nor Garber are fit to repre-
sent the First District in Cougress.
Their recrimlnatlonal public correspondence shows
their political relations for the last ten years have
been a series of deceit to each other and double
practice on the public.
While each had praised the other to the public,
In order that their united political fortunes might
be promoted. It ia now revealed that privately they
regarded each other anything but worthy of public
confidence.
Since this is the inevitable conclusion from their
own private testimony, now made public, the con-
clusion forces itself that If neither in the estima-
tion of the other, is fit to receive tho Republican
nomination for Congress in the First District, theh
another candidate, running against them both, Is the
man to be trusted with that responsibility.
If modesty permitted I could suggest that third
person. I know this much—that he has no political
entanglements, or machine affiliations. He believes
that under the primary Bystem of nomination a Can-
didate is absolutely In the hands of the voters of
his party, not machine men Who play politics for
offices for themselves, not benefits to the people.
McGulre and Garber each have their character of
machines and each will reward his friends and pun-
ish his enemies. The third candidate emphasizes
public service alone, as well In Federal patronage
as ln national legislation,
While he is a progressive, he is not an Insurgent,
it doej not make any difference .to him ln what
quarter a good measure emlnates, If It Is in the In-
terest of promoting the public good, it is the same in
the, hands of the regular as the progressive.
Catch phrases in politics are be. for those who
e-r.^oi tnemBelves formulate principle s. They fol-
low one sounding bugle today aiiu another tomor-
row.
in offexlng my name as a candidate for Congress
from the First District, I have depended absolutely
upon the intelligence of the voter. If, when he
goes Into the booth to vote, he casts his ballot for
nie in the majority, I will be nominated. No ma-
chine should be able to intimidate a voter from th/
exercise of his choice under the primary system.
Where no one but the voter knows what he has
done, there can be no rewards and punishments.
With this last Issue of the Register before the
primaries next Tueiday, August 2, I submit my can-
didacy to the kindly and discriminating considera-
tion of the voters of the Kirst Congressional District.
JOHN GOLOBIK.
ously repudiated every word of that
platform pledge. In all the evidence
taken by the house ways and means
committee there were not a dozen
items of the 6,000 in which a showing
was made as to the coBt of produc-
tion at home and abroad.
"It was on open and explicit repud-
iation of our platform and a perver-
sion of the protective theory. I am
not an insurgent epubllclan if is said
that I am Insurglng against the Re-
publican national platform. I am In-
surging against men of the Cannon,
Aldrich stripe, men who are openly
violating the pledges of the party and
are advancing the cause of monopolis-
tic control of industry.
"The insurgents or progressive, a
better term, offer two remedies. First:
Just Tariff Commission Needed.
"Knowledge of the cost of produc-
tion. No one knows what the differ-
ent Items of cost are now, What we
need Is the constant work of an In-
telligent Independent,- Impartial and
non-partisan tariff commission that
can get the information and then tell
congress just what It wants to know.
The first tenet of the progressives In
to establish such a commission. We
have made a start In the tariff board
but It Is not the best way of doing the
work,
"The second Remedy Is to make a
rule whereby anyNjrhedule of«the tar-
iff bill may ho revised at will without
following through the whole of the
torlff schedule. This would eliminate
the intolerable vice of the present
systivu whereby a congressman will
make combinations with other mem-
bers and will vote for many schedules
that he believes are absolutely wrong
In order to get a*Bchedule that he be-
lieves Is right.
"I and all progressive Republicans,
sincerely believe in the protection [
theory, but we do not believe ln al-j
lowing monopolies to control the in-
dustries of the country."
No Third Party Necessary.
When shown a report from Des >
Moines today, to the effect that he fa- j
fored the organization of a thiol par-j
ty to take up the progressive propo-
ganda. Senator Cummins said:
"I have never thought of a new
party and am not organizing one now
and do not believe In It as the expo-
nent of progressive ideas. Tho Re-
publican party can he made the pro-
gressive party snd I am a Republi-
can."
ASSESSED VALUATION OF OKLA-
HOMA LIKELY TO HE
000,000.
That the assessed valuation of Ok-
lahoma for 1910 will approximate
$920,000,000 or $50,000,000 more than
the 1909 valuation, is forcasted by
the reports of 62 out of 76 counties.
Though the 1909-1910 increase of $50-
0000,00 will no* compare with the
1908-1909 increase of $140,000,000 the
increase of the last year is a very
healthy one, and will compare most
favorably with the growth of assessed
valuation in other states.
The falling off in the percentage of
increase this year as compared with
the increase of the preceding year
1 is largely in real estate and person-
al property. In 1909 the assessed val-
i uatlon of these two classes of prop-
erty Increased $130,000,000 over 1908.
Public service corporations the third
class of pfopertv, showed an increase
of $10,000,060 for the same time.
Heal estate and personal property
for 191,0, will not show an increase
of much more than 4" million dollars
and public service corporation prob-
ably about the same as last year.
The 1910 assessments show that al-
1 most as miiny counties have decreased
their reas estate and personal prop-
erty valuations, as increased. The
| 62 counties that Tiave reported to
date show a total of $571,007,497
against a 1909 valuation for the
same counties of $545,903,182, or an
increase for 1910 of 25 million. Of
the 14 counties yet to report, how-
ever, is Oklahoma county, where the
increase will be probably nearly ten
millions alone In real estate and per-
sonal property, and the other 13
counties probably will add ten mil-
lions more, thus making a total in-
crease in real estate and personal
property, as estimated, of v5 millions.
Add to this 215 million for public ser-
vice corporations, as estimated, and
the total for the state is 923 million.
Of the counties that have reported
to date, Osage county leads in an in-
crease of 11 million dollars, in real
estate alone: this heavy increase be-
ing duo to the great number of In-
dian allotments in that big county
from which restrictions have been
removed the last year, and which thus
become taxable. Muskogee county
comes second^wIth 7 million.
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Golobie, John. Oklahoma State Register. (Guthrie, Okla.), Vol. 19, No. 16, Ed. 1 Thursday, July 28, 1910, newspaper, July 28, 1910; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc112712/m1/1/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.