Mulhall Enterprise (Mulhall, Okla.), Vol. 19, No. 20, Ed. 1 Friday, May 19, 1911 Page: 4 of 6
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DECISIONS OF
SUPREME C81RE
OKLAHOMA LOSES CASE
State's Pipe Line Law Decalred to Be
Unconstitutional
The legislative act of Oklahoma, in-
tended to forld the laying of a pipe line
for I he purpose of exporting natural
gan to points outside the state, is de-
clared unconstitutional in an opinion
ported by means of pipe lines.
Kor a state to say that citizens may
not establish pipe lines on their pri-
vate property is to say effectually that
alone regulate
statute does not
the right to acquit"
TRIBUNAL HANDS DOWN EPOCH
MAKING OPINIONS
STANDARD OIL HARD HIT
Giant Corporation Must Dissolve
Oklahoma Pipe Line Case De-
cided Against the State—
Restrictions Binding
Washington.—The Standard oil
Company of New Jersey and its nine-
teen subsidiary corporations were de-
clared Monday, May 15 by the su
preme court of the United States to I he gas shall not be sold at all and t hat
be a conspiracy and combination in therefore, the gas is practically ueelss.
restraint of trade. It was also held In its opinion, the court says
to be monopolizing Interstate com- I "The Oklahoma
merce in violation of the Sherman
anti-trust law. The dissolution of the
combination was ordered to take place
within si* months.
Thus ended the tremendous struggle
on the part of the government to put
down by authority of law a combina-
tion which it claimed was a menace to
the industrial and economic advance-
ment of the entire country.
At the same time tlie court inter-
preted the Sherman anti trust law so
an to limit its application to acts of
"undue" restraint of trade ami not
"every" restraint of trade. It was on
this point that the only discordant
note was beard in the court.
Justice Harlan dissented, claiming
that cases already decided by the
court had determined, once and for
all, that the word "undue" or "un-
reasonable," or similar words, were
not in the statute, lie declared that
the reasoning of the court in arriv-
ing at Its find ng was in effect legis-
lation which belonged in every in
stance to congress and not to the
courts.
Ever since the decree in this case
of the lower court, the United States
circuit court for the Eastern district
of Missouri, wits announced, hope hns
been expressed by the "business
world" that the law would be modi-
lied so as not to Interfere witli what
■was designated as honest business.
Now that section of the opinion call
1ng for the use of the rule of reason
In applying the law is regarded in
many quarters as an answer to the
prayers of the "business world."
The opinion of the court was an-
nounced by Chief Justice White. In
printed form It contained more than
20,000 words. For nearly an hour the
chief justice discussed the case
LABOR SECURES VICTORY
Supreme Court Dismisses Contempt
Case Against Union Leaders
Washington, 1). C.—Setting asid>
the sentences of imprisonment ltn
posed by the supreme court of the
District of Columbia, for alleged dis
obedience to a boycott injunction, tht
handed down by the United States su supreme court of the United States
preme court May 1,1. May lfT held that Samuel Gompers
The opinion Is based upon the con- John Mitchell and Frank Morrison
stitutionnl principle that neither the | president, vice president and secre
state of Oklahoma, nor any other state, tary, respectively, of the American
can make a law to regulate interstate Federation of Labor, had been erron
commerce. eously sentenced to jail on a charge
The federal constitution delegates of contempt of a local court.
this power alone to congress. The court unanimously held that
The court hollis in effect that natural the only sentences that could he im-
gas is a commodity. It cannot be trans-1 posed on the labor leaders were lines,
ported from one state to another In In so holding, the supreme court <>l
sacks or bags, and can only be trans ! the United States found that the
News of the World
Briefly Told
Mo»t important Event. of the Pa.t Week
Boiled Down for the Busy Readeri
court of appeals of the District of
Columbia and the supreme court of
the district, erred in treating the con-
tempt proceedings as a criminal case
and not a civil one. The effect of
holding tiie proceedings a civil one
was to make jail sentences impos-
sible. Hence the jail sentences had
to be set aside.
Reports coming In from eastern
West Virginia and a portion of Mary-
land are that forest tires are extend-
ing through the mountains Tor 200
miles.
Francisco Martinez, of C.aiisteo,
southern Santa Fe county, New Mex-
ico, was lodged in jail at Santa Fe
on the charge of cattle stealing. He
was arrested by mounted policeman
Ralael C.ome^ and cattle inspector E.
E. Van Horn.
The Gallinas Irrigation Land Com-
pany, Santa Fe, N4 M , has tiled in-
corporation papers the capitalization
being $50,000, and the headquarters at
Las Vegas, San Miguel county. The
stockholders and directors are: D. J.
I Leahy, Herbert W. Clark and Stephen
Secretary of.the Navy Meyer soouts u. Davis, Jr.
ti!" charge that a "trust absolutely ■ The application or John J. Mc-
controls the shoe contracts of the I Xainara for the fixing of bail on the
navy. All awards, he says in a report charge of dynamiting was disallowed
to congress, have been made openly | j,y superior Judge Bordwell at Los
"~l.
r
WASHINGTON
The United States government liar
announced its intention of prosecuting
Seattle and Tacoma census enumerat-
ors who are alleged to have made
fraudulent returns.
RESTRICTIONS ARE BINDING
and to the lowest bidder.
It was announced at the treasury
depjartment Thursday that shipments
of arms, ammunition or other war sup-
plies to Mexico would not be inter-
cepted by the customs officials at El
Paso, Douglas or other cities opposite
Mexican ports of entry now held by
the revolutionists.
The sacred relics of enduring pop-
ular government, the original declar-
ation of independence and constitu-
tion of the United States which for
nearly a decade have been locked up
in the archives of the state depart-
ment, were personally inspected by
Secretary Knox, who is charged with
their preservation. Their exposure
Angeles. Judge Rordwell said he
disallowed without prejudice and that
it could be renewed later. McNara-
ara was not in court.
Judge l*etit Saturday at Chicago,
discharged Edward Tilden, (Jeorge
Benedict and Wm. C. Cummings from
having to appear before the state sen-
ate committee to answer questions
and produce documents demanded in
the investigation of the bribery
charges in connection wiht the elec-
tion of Wm. Lorimer to the United
States senate.
Scores of houses were demolished
and many persons injured in a cyclone
which swept northern Minnesota and
Oklahoma News
DISPENSARY IN FIGHT FOR LIFE
Petitions Out for Referendum Vote on
New Prohibition Law
Oklahoma City.—The state liquor
dispensary, which has been thrice
killed and twice revived, is to have
still another chance for its life as a
result of the circulation of petitions
for a referendum on the new prohibi-
tion enforcement law passed at the
last session of the legislature, which
provides among other things for the
repeal of the entire dispensary law.
The referendum is made possible by
the fact that the bill was passed with-
out the emergency section. The emer-
gency probably could have been added
to the bill, but was omitted at Gover-
nor Cruce's request, in order that time
might be given for winding up the af-
fairs of the dispensary. The bill was
to become effective on June 9.
John M. Hayes, who has been close-
ly connected with the dispensary as
assistant enforcement attorney, filed
the notice of the circulation of tlie peti-
tions with the secretary of state and
seems to be taking the lead in the
movement, but just who is back of it
seems to be something of a mystery.
Both prohibitionists and anti-prohibi-
tionists disclaim any connection
with it.
| North Dakota early Thursday. The
forcibly revealed to the secretary that p.,n, 0f tjl(, storm was through the
the safe in which they are kept is Canadian Northwest, but owing to
neither water nor fire proof. | tjle destruction of telegraph wires
^ Although the special session of con- for utiles around communication is
grtvs is but little more than a month 1 cut off.
old, talk of adjournment has already I Apos|le Matthias F. Cowley, of Salt
become general. Republicans in both L.lke CUy (me of the of the
branches have been hinting that a ( Mormon church, is without the pale,
recess during the hot summer months i jje jlflg j,eeu excommunicated because
would not interfere with legislation j 0j, an a]iege(j plural marriage and al-
while many democrats in the house I though he ha8 not been dropped en-
are beginning to believe they will be , tjre,y from the ro„s o( U)e church> he
through with all they care to enact js (]enietj tlie authority to perform any
of the legislative program within an- fun,.tions <„■ lhe priesthood.
0 j Charged with having abducted Em-
ma Parker, IS years old, of Cannon
City, Colo., de Verse, also of that
Twewnty-Five Year Clause Upheld by
Supreme Court
Washington Three centuries of
civilization have not brought the full-
blood Indian to the point wherp his possession of the gas. but when the
rights are equal to those of the white right is exercised, when the gas he-
man. Such was the decision Mon- I comes property, takes from it the attri-
day, May IT., of the supreme court Uute of property, the right to dispose
of tiie United states in holding con- ,,f it; Indeed, selects its market to re-
stitutional the twenty-five year re- serve it for future purchases and use
Ktrictions tin the sale of Indian hinds, within the state on the ground that the
The twenty-tlve-year restriction w as welfare of the state thereby w ill be sub-
Imposed by congress in 19uG. I're- served.
vious to that time individual members "The result of this contention repels
of the five civilized tribes in Okla- its acceptance."
hoina were prevented from making The case decided was that of tlu
GEORGE W. WiCKERSHAM
Attorney General.
Government Prosecutor, w ho with Special Counsel Frank I!. Kellogg, ( on-
ducted the Fight Against the Standard Oil.
NOT YET REACHED
No Decision in the Oklahoma Capital
Removal Case
Washington, 1). ('.--Although expect-
ed in certain quarters there was no de*
cision by the supreme court Monday in
the Oklahoma capital removal case.
As is usual with the highest tribunal
in the land, regarding any cause be-
fore that august body, it is utterly im-
possible to reach any sort of conclu
sales of their lands within five years I Kansas Natural C.as company against j sion regarding the probable fate of ths
of the time of allotment. The con- die attorney general of Oklahoma, in-j forthcoming decision.
tention soon arose that the fullbloods volving an attempt of the Oklahoma
had such rights as citizens as made
the extension unconstitutional
Mart-hie Tiger was one of the In-
dians concerned. As a fullblood Creek
he inherited four allotments. He
transferred this inherited land to real
ADMITS PEACE MAY ARRIVE
DOMESTIC
What was declared to have been
lhe largest Lutheran devotional ser-
vice since the days of Martin Luther
was held in the Coliseum at St. Louis
Sunday where lt>,000 persons gathered
to celebrate the one-hundredth anni-
versary of the birth of Rev. Dr. C. F.
W. Wait her, who is credited with re-
viving the Lutheran church in the
United States.
Leaving his engine, which was pull-
ing an east bound Wabash passenger
train, Charles Miller, an engineer led
a party of fifty passengers to tiie
burning home of Miss Daisy Whitta-
ker, near tiie track west of Chillicothe,
Mo., and extinguished the flames, pro-
bably saving the lives of Miss Whitta-
ker and her aged mother who were
asleep on the second floor of the
residence.
A verdict of manslaughter was re
turned by the jury in tiie case of Mrs.
Dodge, the rich woman who has been
on trial at (iuildhall, Vt.. for shooting
William A. Heath in her home. Mrs. |
Dodge took the verdict with great |
calmness. She and all of the jury j
stood as the result was announced. The
silence in the courtroom was intense
when the jury reported.
The state board of railroad commis-
sioners of Kansas have refused to
pc
000
ron
asking permission to issue them was
"too vague"' regarding the use to be
made of the proceeds of the bond issue
The board also said it had not been
place, was arrested in Kansas City,
Kans., and is being held for Colorado
authorities. The girl was also taken
into custody. According to the police
j in Kansas City, Kans., de Verse is
| 30 years old.
A corps of 22 surveyors is locating^
' the extension of the Quanah, Acme &
Pacific railroad from Paducah, 50 miles
I west of Quanah, to Hoswell and down
the Pecos valley to Artesia and on to
El Paso. D. E. Decker, attorney for
i the road, has written (J. W. Shrader,
| of Hoswell, confirming the press dis-
I patches to that effect, and it is stated
I that construction is to begin by .July
! first.
A Red Cross party of twenty five
persons from Mexico City passed
through Laredo, Texas Sunday en
route to Juarez. The mission was
headed by Dr. Leopoldo E. Calvillo
and included fifteen men and nine
women doctors and nurses. Acccm-
panying the party was a priert. Two
carloads of supplies including cots,
medicine, dressings and other articles
| were carried.
With the arrest cf an express mos- I
senger in Plattsburg, N. V., Monday 1
customs officials of the United States
TULSA "MANBIRD" SUCCEEDS
Seven Persons Witness Flight of
Strange Aircraft
Tulsa, Okla.—In the presence of
seven men, all his friends, Herman
Devry, the Tulsa bird man, made a
successful flight with his monoplane
airship, tlie construction ot which has
cost him fourteen months of hard
labor and the savings of a lifetime.
The ascension was made on the J.
P. Harter farm, south of Henry Ken-
dall college, east of Tul$a, and aside
from the seven witnesses only one
other person knew of the flight. This
was Mrs. Devry, who anxiously but
nervously awaited at hon^e the re-
turn of her husband.
Devry's ascension flight and land-
ing were wholly successful and only
partial lack of control of the steerage
device and elation over the success
of the air craft caused Devry to land
when he did. He was in the air ten
minutes, traveling COO yards at a
height averaging from forty to seven-
ty-five feet.
Insanity From Overwork
Fairview, Okla.—George Sharp, a
farmer living west of Orienta, was
brought before Judge Madison Friday
and adjudged insane. Sharp was an
industrious farmer about 40 years of
age. For several years past he has
worked almost incessantly in the ef-
fort to accumulate enough for a home.
The constant work and worry finally
broke him down so that he became
dangerously insane. He was sent to
the Fort Supply asylum.
Curios Damaged in Fire
Thomas, Okla.—A collection of In-
dian curios valued at about $4,000 was
seriously damaged by smoke in a fire
which did $2.r»,000 damage here Friday.
The plant of the Thomas Tribune was
, r, , , ,, , , , seriously damaged by flames, but as
and ( anada announced they had run , ■ . . . . . . . hof.T,
1 the paper for this week had just been
»rmlt the proposed Issue of $101000- j down opium smugglers who have op- j >•' wU, hp ,all8e(1.
in of Missouri, Kansas & Texas rail- «™ted throughout America for som. The'Indi(Jn curloB have bePll coil.
>ad bonds because the application months, l ie drug, they sa.v, has members of the Cheyenne, /
authorities to prevent the gas coin
pany from obtaining a right-of-way for]
a pipe line, which was to transport Ok General Madero Says He Is Anxious
lahoma natural gas into Kansas and For War To End
other points outside of Oklahoma. j Juarez, Mex.—Provisional President |
Attorneys for the state contended I (.Vunclsco I Madero, Jr., at the con-
estate companies, but later lie chang that the statute was necessary for the elusion of a conference with Judge '""d, lirp "ow under control
eil his mind and brought suit to have proper conservation of natural re Carbajal, the federal peace envoy, an- •,IKls of >">"road ties and
the transfers set aside on the ground sources and that Its ruling principle j nounced that there was a strong prob- j freight cars were destroyed, besides
that the restrictions forbade his con
▼eying the land. The supreme court
been smuggled into Canada for son e-
time, and through Montreal into the
United States.
The sudden illness of Mrs. Taft
able to find out anything additional ; Sunday brought the president back
about the purpose for which the money to New York from Harrisburg. Pa„
was wanted. | where he had gone to deliver an ad-
Forest fires which have been raging I dress on his way to Washington. Mrs.
in the vicinity of Brandywine, Mary-
Tlious-
several
enforcement. This decision is sus-
tained by a majority opinion of the su-
preme court. The notation is made
that Justices Holmes, Lurton and
Hughes dissented from the majority j bt
finding
of Oklahoma held that the restrictions unconstitutional and sustained an in
merely referred to lands allotted di-
rectly to the fullbloods and not to
the lands inherited by them. The
supreme court of the United States
holds that they applied to inherited
lands as well.
The court held also that only con-
gress could determine when the In-
dian became free from the white
man's guardianship and that congress
had not yet so found
A feature of the ruling, according to
Oklahoma lawyers, is that this iH the
first time that the United States su-
preme court has reversed a decision
of the Oklahoma supreme court
was "conservation and not commerce." I ability that peace would be restored I 1111 immense amount ot standing tim-
The lower court held the law to be jn Mexico within a short time. ^er*
Judge Carbajal brought some prop-
Junction against the state odals from osltlons," said Senor Madero to an j ''""ton, <>.. i» beir to his estate
The daughter of Hart l.ettleman.
In
Affects Speculation
Judge W. A. Led better of Oklahoma
City issued this statement when in-
formed cif the decision of the United
States supreme court in upholding
the McCumber amendment
1 The same opinion was expressed by
C.overnor Lee Cruee.
Associated Press representative, "and
I made some modifications in our
original propositions. In fact, these
concessions, slight though they may
were made to show our willing-
ness to meet the government half
way, and after our military triumphs,
it more than indicates our good dis
position to treat for peace."
Sure, It Isn't
Speaking of thirsts, the one a child
develops while traveling on tiie train
is no slouch.
Medford, Okla Passenger train
No. 24, northbound, tan into an auto-
mobile five miles south of Pond Creek,
severely injuring Mrs. K C. Peppln,
wife of Dr. Peppln, a wealthy farmer
living south of Pond Creek, and kill-
ing her six year old child
Very Few. Indeed
8o many girls give their employers
their time during the day. and put
their heart into what goes on after
supper.
Secure Jointist's Pardon
Upon the recommendation of seven ings hav
ministers C.overnor Lee Cruce Friday as a means of
pardoned C. L. C.obin, who had been
found guilty of violating the prohibi-
tion law in Lawton. The preachers
said Ciobin had been punished enough
for his offenses. Fines amounting to
I $1,000 06 had been assessed against
the liquor dealer. He had pain $1175
| of his fine when the governor can-
celled the remainder.
Taps For War Vet 4.000 Fight Fires
llangor. Me (leneral Charles Ham- Hldgeway, Pa Four thousand men
ltn, s<»n of Hannlbftl Hamlin, trio# are fighting (ortil flru that ni
president under Abraham Lincoln, and >ng between here and Wllliamsport.
u veteran of the civil war, died here. Mort than 10,000 acres have beet
■ ' burned over.
Election Probe Dropped
Danville, 111 There will be no fur Cashier's Effects Sold
♦her Inquiry Into tiie vote selling scan- Abilene, Kan All of the property
dal In Vermillion county, according to given the Abilene State bank by Its
politicians In Danville Judge Martin j defaulting cashier, John A Flack, was
W. Thompson convened the May term Isold at a sheriff's sale, the most of it
of the gland Jury and several Cannon 1 beiiiK bid in for the bank The prop
followers eh' *a'd to he members of | erty netted $14,200. Flack Is supposed
tl,lf to be In Houth Africa now
Muskogee, Okla. All public meet
been ordered discontinued
becking the spread
of scarlet fever in Okmulgee. The
public schools have been closed and
there will he no service at tho
churches Sunday. All moving picture
shows will be ordered closed, us will
all theatres. There are at present
three cases of fever in the town, but
it is proposed to use these vigorous
means to prevent an epidemic.
Aviator Falls 80 Feet
Klkhart, lnd Aviator W McCSrenof
had a narrow escape from death Mon-
day when he fell HO feet while tent-
ing tiie new biplane Indiana. Tim
aviator was severely Injured and hi*
machine was demolished.
Peace Maker Shot to Death
lllxby, Mo In an attempt to save
the life of her father, who was duel-
ling with Drew Pitts, a neighbor, Kf«
fie Hutler, 19 years old, rushed be
tween the two men and was shot t«
death and killed by Pitts near hero,
this city and will be several thousand
dollars richer if she can be found.
When the little girl was two years
old her mother eloped from Cleveland,
()., with William Devllle and took
the child with her.
A government survey of the C.arden
City, Kansas, section with the object
| of determining the extent of artesian
i water is expected early in July as a
I result of the efforts of persons who
| believe walls for irrigation and other
I purposes can be developed.
Because the Arkansas legislature ad
journed sine die without revising the
revenue system according to v ;iat he
believed should he done and tailed to
make any appropriation for complet
lug the new state capltol, Oovernor
Dongahey Immediately called an extra
session to convene May 22
Henry L. Stimson, of New York, will
assume his duties as secretary ol war
on May 22. succeeding J M Dickln
son, resigned
In a speech at New York City be
fore the conference on reform of the
criminal law and procedure. President
Taft came out squarely against the re
call of judiciary.
In recognition of his establishment
of a hero fund in Uermaiiy, prominent
C.ernian Americans at Andrew Came
gie s residence gave him a magnificent
album containing an address of thanks
and the signatures of the officers of
more than b.aoo (icrman societies in
tbt I'nited States.
Ambassador Wilson at #Mexiao City
telegraphed the state department
Thursday that the Diaz admlnlstra
tloti is rapidly pushing arrangements
to continue the struggle with the
rebel* He reported Mexico City to
be quitt.
Taft was taken ill in New York late
last night during a banquet she at-
tended with the president. Her ill-
ness was described as a nervous at-
tack, similar to that which she had
two years ago.
LaFayette (Irover, the fourth govern-
or of Oregon, died at his home in
Portland. Mr. (Jrover was a democrat
and was governor of Oregon from
1S70 to 1N77, during the Hayes Tilden
presidential contest. His attitude then
made him a national character.
FOREIGN
Ceneral Madero, provisional presi-
dent of Mexico, is now in complete and
undisputed possession of Juarez, and
as it is a port of entry, the United
States has issued orders to the com-
mander of American troops in Texas
to let supplies for the Insurrectoa go
through unmolested. This means that
the revolutionists will be able to get
arms nnd ammunition and food. C.en-
era! Navarro, the federal leader, is a
prisoner, and, was taken across the
river to the Texas side to save him
from belnjr murdered by some of tho
hot headed followers of Madero. Kven
Madero himself was threatened with
death if he did not turn Navarro over
to the mob Since the Inaurrecto vic-
tory at Juarez, new life has come to
the rebellion and recruits are flocking
to the revolutionary standard. Madero
now contemplates a march on the Mex-
ican capital the city of Mexico.
The Herman emporer has departed
for London where he will take part In
the unveiling of the statue of CJueen
Victoria. '
A London dispatch says A party
searching for a missing • year-old boy,
Kvey Sandalls, at Hay Held, Derby-
shire, found tht little wanderer in sn
exhausted condition on the top of
Kinder Scout, the highest summit in
the Peak district. How the boy climb-
ed to such a bleak spot without Injury
or did not succumb to this thirty hours
exposure on the mountain side is a
mystery. The height *as 2,0l»fc feet.
ollect-
ed by members of the Cheyenne. Ara-
paho and Apache tribes, part of them
having been brought back from Mex-
ico. Many of these are valuable relics.
Indian Lanfi Sale
Tulsa. Okla.—On June 5 the federal
government will conduct another In-
dian land sale in the Osage nation.
There will be 108 tracts offered for
sale, ranging from five acres to 180
each. More than half the land is in
quarter sections.
State Bank Will Nationalize
Miami. Okla. The Miami State hank
has filed application with the banking
board for nationalizing and increasing
its capital. The new bank will be the
Ottawa County National bank and will
have a capital of $50,000 and surplus
of $10,000. No change in the present
management has been announced. This
will give Miami two national manks,
with a total capital and surplus of
$130,000, and one state bank, the Mi-
ami Trust and Savings bank.
Oil Man Arrested
Muskogee, Okla.- M. ti. Flack, a
well-known oil man of this city, was
arrested here Saturday, charged with
the forgery of a deed to a piece of
land in the oil fields. The transac-
tion occurred three years ago and
the arrest was made upon the advice
of Sheriff Long, of Wagoner county.
Fire at Kiefer
Sapulpa, Okla. Fire of an unknown
origin burned ;he Pastime theater at
Kiefer Saturday evening. The lost was
$2,500.
Noted Indian Woman Dead
Tulsa, Okla.—Mrs. John lluck, an
aged Indian woman, said to be the
most peculiarly built Indian in old In
diau Territory, died from dropsy at
her home in Bixby, southern Tulsa
county, Sunday. She was but four
feet and two Inches tall.
Liquor to Capital
Sapulpa, Okla.—An entire carload of
whiskey, confiscated by state officers,
was shipped to the state capital Satur
day
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Wood, A. B. Mulhall Enterprise (Mulhall, Okla.), Vol. 19, No. 20, Ed. 1 Friday, May 19, 1911, newspaper, May 19, 1911; Mulhall, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc305077/m1/4/: accessed April 20, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.