The Perry Daily Times. (Perry, Okla.), Vol. 2, No. 131, Ed. 1 Saturday, February 23, 1895 Page: 1 of 4
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The Perry Daily Times.
Vol. 2.
PERRY. OKLAHOMA, SATURDAY, FEBRUARY, 23, 1895
1
15.
,
DEATH PENALTY
Not in Favor With th Members ot Hie
Council.
THEY VOTE TO REPEAL
EtoQurut l y fifU*l>iri uu
luiportaul 8ubJ««t, mid Much 1
Ureil ttad IVrlliig Mublleiteil
Of Its Advocate* Mint
Oppuucuta.
Uuui«-^vit«riuy Aflcrnouii wmluu.
Guthrie, Okla , Feb. aii.—[Special
Speaker Barnes, with St. John in
the chair, bpoke to ti resolution relat
lug to Boldiera and sailors who have
nerved In the army and navy and (fir
ing thu same preference for employ
uient in the public service.
Mr liarnes made u powerful appeal
for the passage of t.he resolution
Mason. Spencer, St John, brown, of
Clifton, Little, Elliott Victors, Brad
held, brown, of Oklahoma. Smith, of
Grant, Nesbitt, Sutton, Walling, Hen
drix, Todd, McCoy, Walts, Boyer and
Wade voted for the resolution.
barnes cloccd a most interesting de
bate on this question which in every
stage of it was eloquent to a superla-
tive degree.
The resolution was passed by 24
votes, comprising all the members
present in the house.
H. J. memorial came from the
house in the shape of a substitute. It
relates to abandoned military reserva-
tions. The memorial was adopted.
Joint memorial substitute No. re-
luting to an appropriation of 850,000
for seed, was called up. It was
adopted.
Spencer had a letter relating to the
insane at Jacksonville, read from u
man who failed to sign liis name The
letter said the institution at that place
was a standing disgrace and needed
investigation
A message from the governor was
received stating that he had signed 11.
lis. 21, 57 and M.
St. John introduced 11. H. ','liO, relat-
Ing to gambling, and making the same
illegal. Referred.
II. b. 231, concerning elections by
St. John, was introduced, read and re-
furred.
A petitiou relating to a colored
normal school was read and placed on
file.
H. b. 143, by Nesbitt. relating to the
liquor traffic and establishment of
saloons was read and was the cause of
much debate.
The house went into a committee of
the whole, for the consideration of
bills on the calendar, with St John in
the chair.
Council memorial No. 0 was taken
up. It relates to the opening of reser-
vation and other public lands.
The committee of the whole recom-
mended that the resolution do pas>
C. b. No. 23 was next -ailed up for
consideration it - an act amendatory
of the statutes, by Scott. It came
from the oouncll for ooncuirci&cc and
relates to trials in courts of records
The bill was recommended to passage
C. b- 7y was called up. It relates to
a herd law and cattle running at large
It was recommended that the bill do
not pasv The bill came in from the
council for concurrence.
C. b. by boles, was called up. I
relates to civil proceedure and wa
s«nt in from the council for concur
rence. It was recommended that the
bill do not pass.
C B. 97 came up for consideration
It relates to the compensation of the
assistant clerks of each branch of the
legislative assembly. Iio pass.
The committee of the whole arose
and reported as above.
C B. 9 was taken up in regular ses
slon and passed.
C. B 23 was taken u in regular ses
sion and passed. The same was the
case with C b. 97.
C. b. 5 relating to forced sales and
exemptions, was taken up and passed.
C' b. 59 was passed.
C. b. 79 was taken up in regular ses
sion and failed to pass.
C. b. 89 was called up, but the bill
failed to pass.
council and were returned to the
house for concurrence: 11 B. loj aud
112.
The house went Into a committee of
the whole for the consideration of
bills on the calendar.
H. 11. 101, to stay certain executions
in certain misdemeanors, by Mason,
i'i' was called up and passed
H. 11. 103, by Boyer, relating to
criminal procedure, was taken up.
'1 his bill was unfavorably reported on
in the committee of the whole some
davs ago
The following is the spirit of th «
bill: That section 70, of article 5, of
chapter 08. statute* of Oklahoma
title, procedure criminal, be and the
same is hereby amended so as to read.
The witness must be examined in the
presence of t he accused and may be
cross-examined by him. And upon
request of the acoised all the testi-
mony in the case must be reduced to
writing or taken in shorthand and
transcribed and sigued by the wit-
ness: Provided, however, That the
county shall not be responsible for the
expense of taking said testimony; but
the accused shall have a reasonable
time, which shall be not more than
two hours, to procure a person to take
the testimony. The bill was recom-
mended that it do pass.
H. II. 101 was called up. The spirit
of this bill is as follows: "Upon con-
viction of a person, on the plea of guil-
ty. of a criminal offense less than fel-
ony. and the said party is adjudged to
pay a line in money, he may stay the
execution thereof for thirty days, upon
execution to the territory of Oklahoma
of a good and sufficient undertaking,
with two or more sureties, to be ap-
proved bv the court or justice having
jurisdiction thereof, conditioned that
the said parties *o sentenced to pay
said tine will on or before the expira-
tion of said thirty days, pay, or cuuse
to be paid before said justice, said tine
and all costs that have, or may there-
after accrue thereon ." This bill is by
Mason.
passage of the
No 131
Highest of all in Leavening Power.— Litest U. S. Gov't Report
Baking
Powder
v. N. ORSOOKV, Pr—. P. W. FARRAN,
V. O TALIGHT, AMI Ollh.
Oaahlar.
ABSOLUTELY PURE
llou«e*-K eiiln|C Heasloa.
II. b. 143 was called up and immedi-
ate action on the bill was taken by
forwarding it back to the council for
correction or amendment.
Elliott, of Kay, presented a report
on H. C. R. 19 as amended.
The member from Kay advocated
the adoption of the resolution as
amended. It relates to the insane
asylum at Jacksonville. The sheriffs
from Kay and Noble sustained the
report that the asvlum needed investi-
gation and advised sending on a com-
mittee for that purpose.
A singular fact in this report is that
no patient has ever come out of it
cured.
The report required that the invest-
igation committee proceed to Jackson-
ville at once.
Elliott desired the measure to be
acted on at once by sending two mem-
bers from the house. The debate was
on an appropriation for this commit-
tee.
St. John talked wisely on the quest-
ion aud thought the house should take
the responsibility of the investigation.
The debate on the matter was a
warm one, with Sutton, llogan, Vick-
ers, Smith, of Grant. Elliott, Mason,
Jit. John and Spencer in it.
St. John supported a joint resolu-
tion as the better policy und tile ap-1
propriation for expenses endorsed by
the governor. He said that there
would be trouble if the house didn't
go at this matter right.
Little took a hand in the tight and
favored the appointment, by the gov- [
ernor, of a commission to investigate, j
Nesbitt, with St. John, favored a;
iolnt resolution for investigation, with j
the governor's signature behind it
St. John opposed th
bill.
Mason made a strong argument for
the bill as the city would have to pay
the cash. He desired to relieve the
city of financial responsibility
Vicker took the ground that the bill
was unconstitutional. He believed in
.en giving a vagabond a right for his
white alley. Vickers was the poor
man's friend in the debate.
Kttipe believed in throwing a man
in jail when he could not pay his fine.
He said he had paid too many lines for
bummers. He took no stock in straw
bonds
Nesbitt talked for the passage of the
bill.
The debate on the bill was warm.
A motion to strike out the enacting
clause failed to carry.
During the debate on this bill the
lobby was crowded with interested
spectators. A number of ladies were
on the Jloor of the hous.
Walling favored the bill.
Posten opposed the bill with his
usual force.
Mason fought the bill like a tiger
lighting for his whelp.
barnes was strong against the bill
Elliott was on the same plane.
The jill was slashed and whip sawed
most unmercifully.
The bill was recommended not to
pan
11. b. 117, relating to electors aud
providing for changing the names of
cities of the first class was called up.
II. B. 122 was taken up.
Sutton, of Pawnee, was in the speak
er's chair during the session of the
committee of the whole
H. II. 122 is an act relating to rail-
road companies or corporations, their
assignees or leasses liable for damages
done to persons or property in the ter-
ritory of Oklahoma.
The author of the bill is St. John.
Vickers approved the bill.
The following is the text of the
measure:
' That all railroads in this territory
shall be liable for all damage done to
person or property; when done in con-
sequence of any neglect on the paat of
the railroad companies
'Every railroad company organized
or doing business in this territory,
shall be liable for all damages don
any employ* of such company, in con-
sequence of any negligence of
agent, or by any mismanagement of
its engineers, or other employes, to
any person sustaining such damago.
Vickers made a long speech against
the bill.
Little was against stringent legisla-
tign against railroads us it w as inimical
to railroad interests and the construc-
tion of railroads in the territory. He
opposed the bill.
Elliott opposed the bill. He favored
the action of the committee that the
bill do not pass.
boyer spoke to the bill and talked
for the employees. He said the com-
panies paid the expenses of railroad
hospitals.
Smith favored the passage of the
bill.
bradfield opposed the bill. lie said
the employes of railroads did not want
the bill.
Posten spoke to the bill with his
usual emphatic volubility. He hit the
railroads right and left.
St. John wanted the discussion
broad and to cover the bill all over. He
said he was about as old a railroad man
as there was in the house. He was for
the safety of human beings as well as
other members were for the safety of
a Texas steer.
Vickers, of Wood, fought the bill in
a debate that was at one time intense-
ly hot.
brown, of Oklahoma, got into the
fight, not because he desired to say
anything on the subject, but that he
wished to call up the report of the
committee and get some information.
He didn't get the information that he
wanted.
brown repeated the statement that
employes supported railroad hospitals.
Stein made a sensible talk to the
bill, but favored the railroads when it
to the poor laboring ineu to pas.i this
bill. He said further that if they
dared, every employe of a railroad
would be in th* legislative hall peti-
tioning for the passage of the bill.
The lobby applauded Nesbltt's speech.
barnes approved the parage of the
bill in a very effective speech.
Mason wanted the enacting clause
stricken out
Walling made a good talk for the
laboring man and the passage of the
bill. He believed it in th« interest of
the railroads and the lab)ring man to
get such a law upon the statutes of
Oklahoma. He wanted a svmetrical
development of both interests—that of
the corporations and tne laboring
men. The committee arose with the
recommendation that It do pass.
H lis. 110 and 122 were reported
from the committee of the whole that
they do poss.
Houne Notes*
Mrs. Speaker barnes was on the
floor of the house at last n'ght's ses-
sion.
Elliott favored the changing of
county names yesterday
t apt Del ord, sheriff of Oklahoma
county, was on the door of the house
today.
Governor Renfrow was on the
wisdom can determine the measure of
responsibility, and hence the true
measure of punishment; and if it be
not retributive in nature then it is the
certainty and not the severity of
punishment that prevents crime.
1 hird, because if the capital feature
of punishment be eliminated, punish-
ment will be more certain and justice
less liable to m scarry,
Senator Orner also made a powerful
speech in fav or of capital ounishmenf
He said that such was the law from
the beginning of the human race He
thought that to place the responsible
of signiug the death penalty on tho
governor was but shirking the ques-
tion. He said that the great Jehovah
had laid down the law that "whoso-
ever sheds man's blood his blood shall
also be shed by man;" and it was pre-
posterous for an Oklahoma legislature
to try to repeal it
Senator baker followed and answer-
ed the different arguments by showing
that in Kansas since its law' had been
pja '.ed on the statute books, no legisla-
ture hud attempted to repeal it. He
aiso answered and showed that where
the death penalty was in use crime
was as numerous as where it was not.
Senator Prouty spoke agaiust the
bill and In favor of capital punish-
ment.
Seuator boles made a strong speech
, . I . I " a rwuUK S JCCl II
speaker * platform for a considerable : against the bill. 11.' argued that hang-
time during the evening session. ! i'ig would lessen crime.
Mrs. Mason and Miss Lawes May
occupied >futs at the desk of Repre-
sentative Mason in the hot discussion
f last night, over bill 101.
During the neevssary
ergeant-at-Arins Jenne
Sergeant-at-Arins t
Senator Allen took it up and stated
<hat Senator Scott's arguments against
a death penalty ivas answerable. lie
thought that "the method of punish-
■nent was usually a test of the qualitv
absence . i j of the peoplt. lie believed that the
, ^Assistant ' abolition of capital punishment was
I'. Sawuer | the result of a higher civilization.
has been Derforming the duties of the I President ritz. r again arose to an-
office and doing his work with unus- swer certain arguments and reflections
uai ability. He is genial and obliging ( made during the argument.
and makes an excellent oflicial.
BANK
CAPITAL,
of PERRY
$50,000
DIRECTORS-
J V M
• EBOORT, F. VV
UBO. 8 HARTLEY,
rAKKAR, V 0. TALBEtT,
J. T. LArrEHTT
I his Bank ha* the latest improved i*/e with automatic bolt
irork. Also a fire proof vault.
T. M. RICHARDSON, D. C. RICHARDSON,
President
T. M
Vice-President.
RICHARDSON,
cashier)
First State Bank,
Perry, Okla.
CAPITAL $50,000
^WejXRY T0 UW% ftjM CHflTTEEftjN-
D°ub,e time lock safe and fire proof vault.
Cxeneral - Banking - Business.
JAKh) KORCU
fc'KED FORCHJ
Royal palace,
'nes, Liquors and Cigars of the best Imported and Domestic
brands will be Found at this
0^ ELEGANT RESORT 4*
The best equipped iu Oklahoma-over the Bar
of Any Size. Th.TiqVoVTjuM ^ in
The resolution was recommitted to came tu culpable neff licence.
the committee to report on Saturday, j Nesbitt favored the passage of the . . ..
Tht following bills have pawed the till. He said that It was only justice be retributive In nature no I
Council—I e*ten!ity Afternoon.
The bill repealing the capital pun-
ishment statute, introduced by Sena-
tor llaker, came up for discussion just
before the noon hour. It was dis-
ussed at some length by Senator
Holes, who was against the bill. He
thought that hanging was still necw.
sary in Oklahoma. There were stiu
men here who needed hanging. Cap-
tain llaker thought that a criminal
should be given time to repent. Sen-
ator Holes replied that he should have
thought of repentance before he com-
mitted the crime.
Senator Baker reiterated that
• While yet the lamp of life doth burn
The vilest sinner may return "
Dr. Furlong, of Oklahoma City, wai
on the lloor of the council. He is one
of the chief advocates against capital
punishment. His presence made Seu-
ator Holes refer to him as having hyp-
notized the Senator from Kay. The
Senator from Kay came to the rescue
and appealed to* the chair that Dr.
Furlong was not a subject of discus-
sion before the council.
The council took a noou recess,
without vote on the bill, and in the
afternoon President Pitzer made a
strong speech against the bill. He
was for capital punishment He
thought that there were criminals so
depraved that the only safeguard of
society was to hang them. When a
criminal intent upon bis crime consid-
ered his chi nces of escape, give him a
well fed penitentiary and he dou't
care; let the awful gallows stand be-
fore him. and he will pause before he
commits the crime. He thought that
crime would increase in the event
that the capitil punishment clause
was knocked out.
President Pitzer reviewed all the
crimes in the territory and showed
what effect such a law would hare
He attacked graphically the negro
Milligan and denounced his crime as
so heinous that nothing but hangiug
would atone for it.
Senator Huker objected and said
that the council \va*- not trying the
Milligan ease.
Senator Scott followed Mr. Pitzer.
He made a magniticent speech against
li an. ing. He said that whenthe advocat*
of capital punishment told us that it
was right to take life for life, they
ga.e us trouble. If he could feel that
human justice was infallible he might
give way and saytake life for life. Hut
as long as it was falible, he thought it
was only capable and justifiable
punishing this side of lile. He iaide
the distinction that life was the
property only of him who gave it. H _
claimed that the extreme, the degree
of punishmt nt of crime is not what de-
ters the criminal from the commission
of crime. It was the certainty of
punishment, not the severity, that
does it. Make punishment certain
evitable. and crime will decrease. Ue
j hen stated that his chief argument
against the taking of life was that it
would make punishment more sure
if capital punishment was stricken
out. Nine men out of ten are incap-
able of sitting as jurors in cases whore
human life is to be taken away. The
following is an excerpt of the senator's
speech:
To recapitulate: I believe in the
abolition of capital punishment; tirst,
because, while human wisdom may
properly in the interest and for the
protection of society and for the en-
forcement of law prescribe aid ex-
ecute penalties short of the taking of
life, beyond that limit it has no right
to go, unless it is absolutely necessary
to do so in order to accomplish these,
purposes, "
Senator Oandy said he knew three
men, personally, had been inuocently
banged, but if he had no prior reasons
'or votiug against a death penalty, he
"ould now do so simply from the re-
mits of the arguments p evented by
the senators in the council. He
thought Senator Scott's argument un-
answerable ugaiust the death penalty.
The bill passed bv the following
v>te*
Those votin aye were
Allen. Haker, 1'egan, Oandy, Scott,
Spencer, Tankersly.
Those voting nay were:
Holes, Doom, Orner, Prouty. Ray,
Mr. President.
The president signed '.lie joint tne-
i morijtl to congress asking for an ap-
J propriation for the purchase of seeds
for the Cherokee outlet and the Chey-
! enne and Arapahoe country.
He also signed the resolution asking
congress that Fort Supply be donated
to the territory for the purpose of pub-
lic institutions.
The council adjourned until day
after tomorrow at 10 o'clock on account
of tomorrow being W ashington's birth
day.
1 ouucll Xutei.
liev. Bosworth was a visitor on the
floor of the council.
—5 3FS.O^STAI_, PALACE
For Purity and Ago are nol Excelled, If Equalled in the Country.
Convenient Side Booms and Courteous (
Attendance.
I Sixth Street East
i Side Square]
lteufro r.tllr.l Iti the Snnate.
Washington-, Feb. !s.— [ Spesial. ]
The legislative bill as reported in the
senate today shows that the governor
of Oklahoma was unable through the
pull of the two senators from Arkan
sas to get the SI,500 allowance made
by the house raised. The governor in
his effort to ?et this amount for extras
raised to S3,000, had concluded that as
he had failed in the house it would be
an easy matter to bring it about in the
senate It was supposed by some that
he could get it raised there, but the re-
port does not indicate that the com-
mittee on appropriations took kindiv
to the suggestions of the governor.
The > ukon Weekly very sensibly
asks if such destitution exists in the
6trip as to call for financial aid from
the general government and the home
legislature, how are they to accumu-
late the sheekles to nav for their land
when the first installment is due? It
maintains if they must have free
lunch, they must have free land.
THE GENTLEMAN'S PLACE.
Turf Exchange.
0XL\ THE FINEST PROCURABLE WHISKIES.
AND OTHER LIQUORS AND CIGARS.
The Only Pabat Bohemian, Beer and the best Equipped
Billiard and Pool Hall in the City
THIS ITHI' EXCHANGE.
Sixth Street, Between C and D St. Perry 0klaj
Val
The
Beer
^cknoujledged^bv^evervoxe to be
Best,
The Most Refreshing.
' The Most PalatafcHe.
The Choicest Upon this or any other Market.
The best Establishments Keep it on Draught.
Hewe+t & Munroe, Agents,
Depot Board of Trade Saloon,
Seventh St. Between B ind C.
Perry. O. T.
And now comes the report of the ex-
istence of a gang of outlaws in the
seminole country, of an entirely new
brand. Turn on the buskshot.
AWARDED
Highest Honors—Worlds Fair.
imo
w CREAM
BAKING
wmpin
MOST PERFECT MADE.
A Pure G«pe Cteam of T-irtar Powder. Free
Second, because if punish | 'rlm Ammonia, Alum or .->ny othsr adulterant
Stillwater and Perrv
^HACK LINE.!
\TZe Pc.r7 at ' °'clock dai'y- arr'v'ng at Stillwater at 4 p m
Stlllwat" at 8 o'clock daily, arriving at Perry at 11:30a.'m.
LEAVE ORDERS AT THE BULE POINT RESTAURANT,
On 7th St. Between B and C FARE $,.oo
•J* F- Adams, Prop,
To the People of the Citv of Perrv,
and the Whole Country: Come to
40 YEARS THE ST AND AR0,
And Select Your Ninceand Fancy
GROCERIES.
Choice Apples. Oranges, Bananas, and Lemons
Washer'WfrUlt ^ fPeCJaky' 3nd btT°nd. H "ever forget the P001
\\ asher \\ oman s for Soaps, .s the woman's delight. Our 5tock
aid Sect0' C.vrPa ^r~tWenty'S^en different kinds' Con!=
id select. Cigars and Cigarettes in stock to suit price and taste
Don't forget the place on the . P
Cor. ot Exchange and C. St. ths Main Tftoru *ghfare-The (ireat.City'ot Peri)
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Greer, Bert R. The Perry Daily Times. (Perry, Okla.), Vol. 2, No. 131, Ed. 1 Saturday, February 23, 1895, newspaper, February 23, 1895; Perry, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc116644/m1/1/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.