The Perry Daily Times. (Perry, Okla.), Vol. 1, No. 57, Ed. 1 Thursday, November 23, 1893 Page: 1 of 4
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The Perry Daily Times.
Vol. i
PERRY, OKLAHOMA, THl'RiDAY, NOVEMBER 23, «893-
No 57
♦
IMPORTANT CASE.
|
)
f
I
H
Supreme Court Makes a Ruling of
Great Interest to Oklahoma.
IT WILL CURE T<I\VN TITLES
II Mh|M Out CN'iirly tl r Court# j
to lie I'umird t« li«*t l>r**«lii I" l. t
in Where There Air
foment*-l.otaul Pmp
rrly n««l lu
the Courts
houiu courts uud the sustaining of the
position of the townsite board is ad-
mitted by all the attorneys interested
in the case in the supreme court as
clearly making it plain that lot con-
tests in Oklahoma are settled by the
long route. The effect, as claimed,
while making plain what is to be done
iu all similar cases, will be to retard
and detain settlement of interests in
town and city property.
A JACKPOT OF ABOUT HUMM>.
Four of That Kind Call Mr. Hightower
And Rake In
The following is a detailed account
(if the bold robbery committed in
I Arapahoe, CI county, as given by the
Arapahoe Kee, of which a slight tcle-
Wtkiiinmton.Nov. 22.-— (Special. | The
supreme court Unlay directed the dis-
missal « f the petition of Smith A Urad"
ley in the case of McPade and others graphic mention was made
against the territory of Oklahoma. Saturday was a cold, raw day. The
'l'liii. is a test case which decides the wind bl«tv straight from the north,
# > 1 1 < aw.w m.udinir in accompanied by a drizzle of rain that
fate of hundreds of cases pending ^ a „jeel. Tlu. ni(fht lowered
the courts of Oklahoma. It has t)cen ttlu| dreary, and none were astir ^ tl%ril
fought closely, as very much has been on our streets except those 011 Import- j
was ad- I ant business. About o'clock, Mr.
SEVEN DEAD.
Shocking Fatality by the Burning of a
Boarding House.
TKRKIKLE BRITISH STORM.
II Sffiiis lo llMve Ahnteil-Three lluudreil
Liven Luil-AGretil Moriu Itatflutf lu
the I nited State*—A Prairie
lire I'utaKluiC Okla-
liuiua—A Woumu
H urned.
FREE rOMMOS SESSE WEAS.
Attorney L. II. Lyman, one *>f the
W. D. UARI.AN,
M ;Mri la Ue interior Depart neat
L. H. BARLOW.
T years experience la land practise*
depending on it, and the ease
vanced by way of ending complications
in the townsite and lot contests iu all
the towns in Oklahoma
The decision of the chief justice re-
versing the decision of the low
courts and sustaining townsite trus-
tees in refusing to grant patents to
claimants makes it very plain how-
such matters will be disposed of and
ends much of the controversy that has
been piling up in the courts. 'Ihede
cision. however, forces all who have
been awarded lots by the townsite
boards to await the final result in the
laud oflice. in case an a
and Mrs. Hightower, Judge VanTree>
and daughter. Dora, "Squire Trigg and
Mr. lfaney were sitting in the Post-
ottice store waiting the coming of mail.
Four men quietly stepped in with \N in-
•hesters and remarked:
We've got you, boys; throw up your
hands!"
All hands went up. and Mr. High-
tower said:
•Take all I've got, boys, but don't
shoot'."
They then ordered him to open his
safe, from which they took about six
hundred dollars of his money and two
hundred and tiftv dollars that A.
Boon had deposited with him for safe
keeping. They also took his fine watch
ppcal may be and a plentiful supply of canned goods
f
taken to the secretary of the interior,
It must be fought out in the interior
department before the tow.jsite boards
•can bejforced t«> give title to the party
who has been awarded the property by
the board.
The statement of the test case slio'
that the plaintiff* in error arc trust*
of the townsite of Guthrie appointed
by secretary Noble.
The relators, Smith A Bradley, claim
to have entered the lots in that town
on opening day and John ( alloway
claimed prior right to the same loth.
The relators on September 2.1. 18l o.
applied to the townsite trustees for a
deed to the lots and on the same day
i; alio way filed his application for a
deed to the same lots. The trust*-
heard the controversy of the two
claimant*. Galloway having died, his
widow and heirs were substituted for
lilm.
On April l-Kl. the trustees ren
dered their decision in favor of the n
Istors, finding that they were entitled
to the occupancy of the lots in dispute
and to a conveyance from the trustee
.uid the trustees ordered that a deed
.•be executed by them to the relators.
Galloway's heirs tiled their appeal from
said decision to the commissioner of
the general land office.
In consequence of the appeal
the trustees refused to ex*
the deed, which had been ordered, anu
thercuponjthe relators commenced this
suit in mandamus in the district court
i,( the territory for the First judicial
district, to compel the trustees to exe-
cute and deliver a deed to them.
The complaint alleges that the soli-
ground of the trustees refusal to
4'iite the deed is the appeal taken by
Calloway's heirs to the commissioner
of the general land oflice: that there is
no authoritv for such appeal, and that
the attempted appeal furnishes no ex-
cuse to the trustees for their refusal
execute a deed
The defendants answered, alleging
and blanket
They also took Judge VanTrees
watch, but on being informed that it
belonged to Hi is wife they gallantly
returned it.
The raid over, they ordered the little
company to tile out to the rear of the
store, and two stood guard while two-
mounted and then the mounted ones
guarded while the other two made
ready, and on a s.gnal they all disap-
peared in the darkness.
It was an Ideal night for the job. A
number of men in Morrison s, just
next door, and at Cobb's, just across
the street, neither saw nor heard any-
thing suspicious.
A party started in pursuit Sunday
morning and tracked them as far as
Dead Woman in the Wichita country,
where our chronicle must end for this
issue except that some of the posse
are still pursuing them, and we nope
to announce their capture next ween.
They are believed to be sonic of the
Patton gang.
THE INDIAN S RIGHTS.
IIU Keftervatloim Cannot lie Invaded lijr
the White Man Without Permit.
Washington. Nov. 22.—(Special.)
General K. C. Armstrong, acting com-
missioner of Indian affairs, has been
informed that quite a party of whites
have entered the I ncompahgre In-
dian reservation ill I tali to prospect
for gold, and the agent of the Indians
who forwarded the information has
asked for instructions. To this in-
quiry General Armstrong replied, in-
structing the agent to promptly re-
move the intruders. He says the
whites have no more right to enter
the Indian reservations to prospect for
mineral than one man has to enter
another's yard and help himself to
what he finds there, and that in all
instances when the department i^ ad-
vised of such trespass the interlopers
CORHUPT JURY.
as their ground for refusing to cxe-
« ute the deed thai Galloway s heirs | will be promptly removed.
liled their appeal from the decision of
the board to the commissioner of the
general land oflice pursuant to in
fAruetions under act of congress by
w hich this board was appointed, such
instructions having been made by th
n* 4 retary of the interior, authorizing
appeals by claimants to lots incases
where such claimants feel themselves
aggrieved by the decisions of this
board. And these defendants, further
answering, say that there is a right of
appeal given by the instructions of the
tnldrinr silld rCCOLT-
^ cretary of the interior and recog
nized by I his boa <1 ami that pppeals
in similar eases have been taken by
other persons from decisions of th
Tli? ti rand .lury of Caiuidlun County I n-
der Contempt or Court.
El. Rkno, Ok.. Nov. 22.—[Special.J
On a challenge of the panel of the
grand jury of Canadian county today
the fact was developed that the jury
lists had been largely manufactured
by interested officials, and the grand
jury thereby packed in the interest of
certain accused persons, The court
sustained the challenge and discharged
ItKAVKii, Pa., Nov. 22.—At Merrill
station, on the Cleveland A Pittsburgh
road, at 4:30 o'clock this morning, the
three story hotel owned by Bradley A
Kee node was destroyed by fire in half
an hour. There were thirty-five board--
crs in the second and third floors, many
of w hoin jumped from the windows
and were badly cut. bruised and burned.
After a census of the hoarders could be
taken it was found that the following
lost: Jerry Wrcnn. boss stone
mason, aged 60: Dim Y\ renn. aged 28;
John Kelloy, laborer, of Woodsrun.
aged 40: Robert Stanley, engineer,
aged of New Brighton: James
Hughes, of ( hartiers. aged engineer;
Barney Walker, stone mason, of Alle-
gheny: James l\ Miller, a laborer, of
Allegheny t'ity.
Henry Walker, son of Barney Walk-
er, is badly burned, and a shoulder of
James Winn, of Beaver Tails, was
fractured, while James Sheers, of Se-
wickley. was badly burned about the
face and hands.
The proprietors, Frank J. Bradley
and Kobcrt V. Kcenock. were formerly
dispatchers in the Pittsburgh ottiee of
the Pittsburgh A Lake Krie road, but
built the hotel shortly after the new
dam was st arted and had run it ever
since. The building cost $4,0u() and
was insured in the Continental of New
York for * I .sun.
KH1TISII STOI'.M OVKI5.
Lommin. Nov. 22. -Telegrams re-
ceived to-dsiv show that the terrible
yale whieh has raged since Friday last
and which h s caused such a great loss
of life and property, has subsided.
Vessels are still at many ports and the
crews all tell terrible talcs of their ex-
perience while at sea and it seems that
many of them liayc been washed over-
board. The lifeboats continue to ar-
rive at their stations bringing portions
of the crews of wrecked vessels. There
is no reason to change the estimate of
the loss of :>00 lives as ;i result of the
storm.
The mail boat Arosto was badly bat-
tered and four boats were destroyed
The steamer Kevir Garry was wrecked
at Dunbar and her crew of twenty-one
men perished. The \ armouth fishing
losses arc estimated at $100,000.
At Flcnsburg. Sehlcswig-Holstein.
the gale blew the waters of the sen
over the low lands, doing great dam-
aye. At other continental ports great
damage was done.
A dispatch from Morlaix says that
six more bodies from the British ves-
sel Aboukir Bay have been washed
ashore at that point
AMKHK AN STOI'.M II IQt.Nfi.
Chicago, Nov. 22.—Dispatches re-
ceived here show that a storm raged
from the gulf to the British possessions
and from the Rockies to the Alleghenies
last night. In Chic go a heavy wet
snow, the first fall ot the season, swept
down upon the city. Hast of here it
was sleeting hard, rendering tele-
graph k- communication exceedingly
precarious.
Sr. Pai l. Minn.. Nov. 21.—'The driz-
zling rain that was falling this morn-
ing lias turned into snow, which is fall-
ing steadily all over this section, the
ground being already covered It is
the tirst real snowstorm of the sea sou.
Snow also fell in Iowa.
OKAIM.Y IMIAIRIK HRK l.X OKLAHOMA.
Ot THRiK, Ok.. Nov. 22.—A prairie tire
has been raging east of here in Lincoln
county.devastating manv farms and de-
stroying timber, crops and buildings.
Mrs. John Hull, aged 5." , was burned to
death and several others badly injured.
board, both before anil after the ap- tju, gran(j jury, and cited the officers
peal. Defendants say further that
thev were appointed by the secretary
of the interior and that at the time o!
their appointment were directed to
allow appeals from their decisions
where such appeals were properly
prayed for and that the appeal in tins
ease was properly • prayed for, and
under such instructions was granted,
also that the iiucstion of the
to appear and answer on the eharjre of
ontempt. The ollleials, whose names
are not given, admitted their acts, and
divulged sufticient, it is suid, to show
a very bad condition of county affairs.
It is now stated that the instruc-
legai I l'"nH purported to. have been given
Wilson respecting Hawaii and made
public by Secretary Grcshain were
never intended to be acted upon. The
idea was simply to test public opinion
by these aud see what the country
thought of it. This would be indeed
a ducking way to get out of it.
Tin administration-supporting dem-
ocrats are getting desperate under the
ownership to said lot has been detl
nitely settled by the higher tribunals
of the entire department and that no
deeds have passed for such lots aud
should not pass until such appeal is
disponed of, and that under sucli cir-
cumstances it is not for this court by
mandate or otherwise to direct
what manner or to whom conveyances
of Jand or lots, the title of which is ill
the I'nited States should be conveyed
to individuals. The relatorsdemurred
to the answer and their demurrer was critical eye of the public and ptoposi
sustained; thereupon the defendants ^ go w{th the tariff revision, kill or
moved to dismiss the cause upon the | on]y hope is that the
nuttl'^on^l^ermatteV flicker they get through with It the
of the action. 'Ibis motion was over- quicker the evil will be passed < cr,
rilled, and judgment was entered Iiml they are in hopes to have it for-
ordering the trustees to execute and I ,,cn before the next national elet
deliver a deed to the relators for the I
lots in question. . « 4 ( I 0,1
wwuifttrmed'onVppea^by ^ I wonder what the democratic
court of the territory. This is a writ apologizcrs of the strip frauds think
of error sued out by direction of the I now< after the publication of the full
secretary of the interior to reverse the I ^ ^ ^ Krrun(\ jUPy? Is there not
i^rry"1 0'n!ehreT"aTTu?e0Okla-1 something rotten In Denmark.
0«l(l I «'l lott ti ill SeMNioil.
Sr. Lor is, Nov. 22.—The forty-sixth
annual session of the grand encamp-
ment of the Odd I'ellows of the 1 nited
States began here this morning with v
good attendance. (Jrand Kepresenta
tives Jewell aud Maybury.in their annu-
al report, say the condition of the order
calls for devout thanksgiving on part
of every Odd Fellow in the land. The
net increase in membership during
|S«.r was over .*i0,000—unprecedented in
the history of the order—and from
what has been learned from the in-
crease this year it will be greater than
last year. The total meml>ership to-
day, including the Sisters of Webekah
branch, is estimated at over 1.000,00(1.
To T*kf I'lHm « f HtrlkfN.
CtAi.K.sm'RO, HI- Sov. 22. Some
twenty < liieago, ISurlington A Quincy
engineers left here last night to take
the places of the Strikers on the Lehigh
Valley road. Several parties here are
employing men for the Lehigh com-
pany and as there is alleged to l>e n
large surplus of men on the burling-
ton predictions are that many more
will go. The HuiTuigton. it is said,
furnishes transportation ami gives the
men leave of absen e Some of the e
came here six years ago to take the
places of strikers on the llurlinjrton.
st. .Ii OlileM riiv^lelan tionr.
St. Joski'II, Mo., Nov. 'J2. - Or. W. S.
Leach, the oldest physician .n this
city, died to-day. Dr. Leach was in
his Tlst year and has been a resident of
St. Joseph for half a century, lie was
at one time the largest slaveholder iu
Missouri, but lost most of his property
during the war.
| early settlers of Guthrie, but now of
I Knid, has issued a pamphlet entitled,
i "Free Common Se ise Ideas.'' Mr.
I Lyman is oue of the mauv persons
i who are aware that there is a philos-
ophy abroad whose tenets when prop-
I erly understood destroy the founda-
j tions of all former principles of
thought. It strikes at the very root
of the theory of existence from an
atom to a god. Every man who has
gotten a glimpse of this new principle
of interpretation of accounting for
things, has had to reconstruct all his
former judgments. It is a new equa-
tion. a new logisin, a crucible that re-
solves all forms into their primary or-
ganic forces, from which new forms
arise according to their potentiality
This new theory of explaining exist-
ence—life—is called evolution, the
founders of which—all but the chief
Darwin—are still alive. They are:
Spencer, in speculative philosophy;
Huxley, in geology; Tyndal, in chem-
istry: and Max Muller, in ethnology.
Any one once having a glimpse of their
reason for the existence of things is
lost ever after to his old conceptions.
At every step in the road onward he
tinds his former belief mistaken. His
reasoning upon physical existence
goes first, then the ethical, then the
realm of metaphysics aud at last his
psychology (according to the old mean-
ing of the word, the thesis of
the soul, for even the meaning of
the term is changed under the
new theory) until his thinking has no
room for the supernatural. Matter,
time and space are the only things
eternal to him and that, he don't pre-
tend to understand. Everything that
is has always been. With him the or-
ganic principles and entities of life
never change, but simply their ever-
varying phenomenon—the appearance
of their outward form. These arc
never stable. Planets evolve ami dis-
solve and vanish: life on their surfact
—animal and vegetable—appears and
disappears. Human races become
mighty, c ultured nations and dwindle
back into nomads and become
Religions come and go.
To a man believing in evolution
all these things have to be adjusted on
anew principle—have to have a new
accounting, in order to seem just to
him. So the truth of the matter is
that while our schools and colleges
teach the old physics and the old
faiths, the larger thought in the world
is quite otherwise and the larger after
reading. As a result every man who
follows speculative thought after his
school days finds himself in
contradiction in his thinking,
one part of him following
the natural laws of physics, the
other the supernatural. It is this con-
dition, evidently, that Mr. Lyman has
escaped the latter part of his life and,
having found a new truth -truth to
him as holy and as satisfactory as the
old—he now tries to give others, in
order to make them see things natur-
ally and happily as he does himself.
To such a man as Mr. Lyman there are
no hells or fiendish places of eternal
punishment in the old sense. There
a natural law of cause and effect—of
compensation. Every act has its pleas-
ure and its pain just as naturally as
the old way of thinking. There is no
more perplexity in accounting why
(iod permits certain things to exist.
The greater part of Mr. Lyman's
pamphlet is devoted to a lecture by
John Franklin Clark on "The Evolu-
tion of the Infinite Entity," which
gives the best exposition of his be-
liefs. The following is the very
essence of the new principle of life
interpretation of the pamphlet:
Through the evidence furnished by
chemical analysis we know that this
same something that constitutes man
is also present in and constitutes the
various unimai, vegetable and mineral
forms that are lower than man in de-
velopment. and that must of necessity
antedate the existence of man, for
without this somethin
HAELAN <SS BAEL.CTW,
LAWYEES JL1T3D T. A -KTT") ATTORNEYS.
Special attention *It.d to th. preparation ot application, for .nary and th. Bana(ew.ot I
couteat c a«"41**fort* tlie U. • Land OfltrM lu Oklahoma and the tJeueral Laud OSL'« u<l
Interior Department at Wa*biuftou D. C. Corre*poudeuc«; aollcited.
OKLAHOMA TERRITORY
PERRY,
Htr x3soiT <te ST. JOHN,
jbjt t->jltvt.
Lat. of Oklahoma Cut, O T. Will practice in all the court, aud before the Interior Depart
meut. Call aud .ee u . Junt South ot tlie U. H. Land office.
.. H. BOLES, 0. C. HOLLAND, J. J. bOLBS,
BOLES, HOLLAND & BOLES,
ATTOENEYS.AT-LAW.
PERRY, OKLAHOMA TERRITORY.
Will practice lu all th« court* of the Territory, before the local land offlce aud the Interlo*
Department at Washington. Hp^-ial attention given to all lines of law busluesa, : nd to Hobo
stead aud Townsite Contests. Come at our otHce and fi« up your Homestead Papers as soon a*
you settle on your land. Applications for Town Lois made and Sled.
3 ' UNITED STATES LAND OFFICE. [
Dardanelle. Ark , Aug. 28 1893. f
fff the nnderslcued Register and Receiver of the 1'. S. Lam! Office, at Dardanelle. Arkansas,
haTi- for many rears been acquainted with Alfred H. Boles of Fort Smith, Arkansas. He hat
practiced lit the l,and Oflice her. for .erei-al /car., and w. reioinmcml liira as n.competent am
reliable attorney. WILL A F. MAY, ltc*l.ier.
rename attorney. T Q Bl'MUAKXER, HMelw.
Office, In front of Richardson's Bank
J. L. CALVERT, Attorney-at-law.
Makes a specialty of Contest and Land llnsiness. Town Lot Cases
will receive tny closest attention. Having Itatl yeai-s of experience
In this class of business 1 am prepared to render you the best of
""iue' J"_ XJ.
P. O. BOX 19. PERRY, O. T.
THE GUTHRIE PLANING MILL
J. r. CHEATHAM, Manager and Proprietor.
Manufacturer of JJoors, Sash. Newel Posts, I?alusters, all
kinds of Moulding and Casing, Porch Posts, Corners, 15ase Blocks.
Store Counters and Shelving a Specialty. Estimates Riven on all kind*
of GLASS.
WHITE - CITY - RESTAURANT.
HULS Sc WELLS. Proprietors.
The Best at Moderate Prices-Try Us
Half Block West of Land Oftiee, Perry, O. T
CHOICE GROCERIES, FLOOR and FEED,
J
S. MAINE, Manager.
North Sixth Street
near I).
Perry, O. T.
H. B. HUGHBANKS
HUGHBANKS & DEAN,
ATTORNEYS AT LAW.
Practice in all
J. C. DEAN
PERRY,
courts. Special attention given to land practice
and criminal cases.
Ok. ler.
THE
C Street Between 7th and 8th Sts.
Carries a Complete line of shell' and heavy hardware,
barbed wire, agricultural implements, pumps,
windmills and harness.
Procure Our Prices before Buying,
FRED A. JACOBS.
WILL A. LINDSAY
xistmu'.
being manifest in these lower forms,
it could not exist in tlie hitman form
as man. if all animal autl vegetable
forms shAitltl cease to exist, man would
of necessity perish olT the face of the
earth. Vet. should this something
cease to exist as si man. it might con-
tinue to exist in the animal form:
should it cease to exist in the animal it
might exist in the vegetable: ceasing
to exist in the vegetable, it might con-
tinue to exist in the solid mineral, anil
ceasing to exist in all these it might
still exist in the liquid mineral aud ig-
neous forms; and thus step by step we
can trace this something, this self-
existing entity that constitutes man,
backward through the stages of its
development until all worlds, planets
situs and nebuhe vanish, for nil these
ns such had a beginning, and until
this something exists in it-, primal
state, simply as an infinite entity, es-
sential in being and potential in form.
Mr. Lyman gives these pamdhlets
away free, and anyone wanting one
can write to liim at Knid, Oklahoma,
and get it.
JACOBS & LINDSAY,
CIVIL ENGINEERS
The Surveying of lots and homesteads a specialty, plans and estimates
furnished on all branches of engineering.
Reasonable charges.
Office over the New York Hardware Store, C Street below 6:h.
All Work G uarauteed,
S. A HEMPLE,
DEALER IN
'1 lie tug Charles K. Stone sank at
pier 1, North river, New York city.
Two uien were drowned.
Fsmily - Groceries - am • Feed.
Northeast Corner of Sixth and E8t.
No Boom Prioes. Come and Get Acquainted.
PBBBY,
OKU, TIB,
;,\
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Greer, Bert R. The Perry Daily Times. (Perry, Okla.), Vol. 1, No. 57, Ed. 1 Thursday, November 23, 1893, newspaper, November 23, 1893; Perry, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc116274/m1/1/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.