Shawnee Daily Herald. (Shawnee, Okla.), Vol. 14, No. 214, Ed. 1 Tuesday, April 27, 1909 Page: 1 of 6
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There is no discount on
Shawnee Realty Brokers,
but we say without fear
of contradiction that Her-
ald Want Ads are the
biggest brokers in town.
,mmmmtistw_
HERALD.
SHAWNEE DAILY
Fill up those Vacant
Places around your
Boarding House table.
Make an Investment of a
quarter and bring in
ars every Week to Y <
VOLUME XIV
Morning Edition
SHAWNEE, OKLAHOMA. TUESDAY, APRIL 27, 1909
Six Pages
NUMBER
B
'gent,
ing.
25-3t |
_ i alrs
MABEN'S A TV YS ASK
WRIT OF PROHIBITION
NoticeServedOn Judge CaruthersAnd ONj^WLliD^ IN
Attorney General West Late
Last Night
^ ^e
*ffiOT5££K Z°"AYJi
\
MABEN'S
INDICTMENTS QUASHED
Defense Claims Irregularities In Em-
panneling Jury And Intimidation
Of Witnesses
defendant Holds That Only The Leg
islature Can Accomplish His
Impeachment
Lexington. K>\. April 26. -In a gen-
eral fight over the primary election
at Pikeville, in the mountains. An-
thonv Taylor, a Republican worker,
was shot and instantly killed. Three
other active party workers wore se-
verely beaten with clubs and will
probably die.
Notices weer served upon Judge
Caruthers, Attorney West and State
Enforcement Attorney J red ( aldwel
at their rooms in the Norwood last
nielit close to the midnight hour, of
a proceedings that will be instituted
this morning at 9 o'clock m the state
supremo court at Guthrie, asking for
a writ of prohibition to restrain them
from further action in suspending or
removing District Judge W. V Maben.
Deputy United States John, Jones
was secured for the purpose of noti-
ly'\ftorney9'cutlip''tof1'Tecumseh, one
of the counsel for Judge ^labetu left ^ ^ ^
^ XHe will appear before the Guthrie, Okia., April 2^-The su-
it'. supreme court at 9 o'clock this preme court today decided that till
morning to ask for the writ of pro- the ^
ther proceeding under the grand jury j „f the business, rights and franchise.
ot \r ,i in remove or suspend W - of corporations.
accusation , -in dee I The commission's order was con-
NTtMis understood that the contension firmed by the high tribunal in the
is raised that a district court has nocrossing case which was appealed to
authority for such a proceedings, | it by the Katy
new ridge building destroy-
ed threatening bank of
commerce building.
Special to the Herald
Kansas City, April 26- A fire, which
threatened the entire down town dis-
trict today, completely destroyed the
Hidge building, a four story office
structure on Walnut, near Ninth
street.
The fire originated ill the basement,
rapidly spreading to all parts of the
building, barely giving tlie occupants
time to escape without Injury.
The loss entailed to the Ridge
building will total $200,000. The en-
,,, stock of pianos o< the Olney Music
Co was also destroyed. Both losses
were about half covered by insur-
ance. ,
A stiff wind which was blowiti
carried sparks and brands of fire from
the conflagration and started several
smaller blazes, which were promtply
extinguished without loss. The new
Rank of Commerce building was
among those in immediate danger,
being three doors from the building
destroyed.
There will very likely be but a brief
■sslon of the city council this even-
ing after which adjournment will be
taken until Wednesday night, when
bids will be opened on the large
amount of paving advertised.
nominal fine makes the law
practically use-
less.
Special to the Herald.
Guthrie. Okia.. April 26,-A torney
General West passed on the Oklahoma
law today, in its relation to Sunday
base ball, holding that the law pro-
hibits the institution, but provides foi
a fine of but one dollar, no more nor
no less, so that the law is practically
inoperative.
Try Kiser, a well known farmer
of this'county! living 3-miles west of
Dale, claims the largest acreage in
this section given over to raising
sweet potatoes. '
He has a patch of 16 acres, in which
he has put out 19,260 plant sets It
will take approximately 90,000 sets.
The bed in which tlie plants are
first grown Is 52 feet by 8 feet. Aftei
sufficient growth they are transplant-
id to the patch.
in OB OF
amount saved by commission
would more than pay sal-
aries ofthe members.
Special to the Herald.
Guthrie, Okia., April 26.—*igure>
prepared by Corporation Commission-
er Jack Love, show that the corpora-
tion commission has compelled the
various railroads to refund eighteen
thousand dollars in height over-
charges, which the individuals in
question were unable to collect with-
out assistance. The amount is more
than sufficient to pay all salaries ot
i the commission members and em-
ployees.
which it is contended, can only be
done by impeachment proceedings be-
fore the state legislature.
rumored that she ^ill re-
turn to america to pre
pare for wedding.
Snecial to the Herald.
Oyster Bay. April 26.—Mrs. R°°g®"
velt' announced today, that instead ot
spending the winter in Europe and
travelling up the Nile to meet hi t
husband on his return from his Afii-
can hunting expedition, that she will
return from the continent and spend
the winter at Sagamore Hill.
it is rumored that her action ma>
be prompted by the probable marriage
of her youngest daughter, Ethel, which
event although not announced, is be
To be scheduled to occur some
time in the coming winter.
The private car of Supt. McGie ar
rived at the local Rock Island shops
yesterday for repairs.
Asking For Removal
Of Indicted Officials
Attorney General West Files Petitions
For The Impeachment of Maben,
Biggers And Sims
Acting on accusations returned by yesterday. T
the grand jury discharged last S ^ con(ending that the de-
urday, Attorney General West filed . have 1h0 proper no-
^fr=nc«^kCr,r:,t,ce of the filing of the application ior
District Judge Maben be suspended ; WBSUspens on. 9;30
from office, pending his trial on the. The court ji«oun when the re-
various indictments returned. , ^ ^ proceedings against the various
State Enforcement Attorney nen offleerg wl)1 b0 resumed.
Caldwell will ask in court this morn-j rVlI3,.(1 wns an army o
Ing that County Attorney Mrgll Htg
gers and Chief of Police Sims be sus
send resolutions expressing
their confidence in his
probity.
William Robbs and wife, of
Worth, are visitors in Shawnei
, Indian Agent Frank Thackery en-
joyed u Visit yesterday from I'resl-
Fort dent Grecian, of the First National
Bank, of Stroud.
icers win i"
I There was an army of legal talent
I in the court room yesterday. For the
present: Attorney
Attorney
Enforcement
Attorney B. B.
Judge Maben received the following
resolutions yesterday fn ni tlie Liu*
•oln County Bar Association:
Resolution by the Lincoln County Bar
Association.
WHEREAS, It has been brought to
he notice of this association through
the public newspapers that certain
charges have been preferred against
the Judge of the District Court of the
Tenth Judicial District of Oklahoma
in Pottawatomie County, and
WHEREAS,' Each member of this
association has been personally well
acquainted with Judge Maben foi a
long time and in our individual asso-
ciations with him in both personal and
professional capacities have found him
to be a man whose transactions with
others have always been fair, unpre-
judiced and upright, motives and
whose personal character has borne
the stamp of purity and Integrity, and
WHEREAS, During the term of Ills
judicial service on the District Court
bench of Lincoln County his rulings
have been uniformly just and fair and
actualed by a high sense of duty and
honor. .
NOW. THEREFORE, He it resolved
by the Lincoln County Bar Associa
lion that we hereby give expression
to our unswerving confidence In the
integrity and probity of Judge Maben,
and that he will he wholly exonera ed
after having a fair and impartial trial.
Adopted this 2Gth day of April.
Court Convened Again
Yesterday Afternoon
Court Ordered Important Witnesses
Placed Under Bond For
Appearance
Attorney General West at the re-1
convening of the special term of the
district court yesterday afternoon at
4:30 o'clock asked Judge Caruthers
to order the records of the district
clerk to be corrected to show that A.
E. Baruhardt one of the members of
the late grand Jury had been prop-
erly called as it bad been omitted from
the journal entry although he had
been summoned and served as a jur-
or
227 North Bell
11 Rooms Modem
is FOR SALE WITH A REASON
ABLE CASH PAYMENT. BALANC-
TERMS TO SUIT
WILL GIVE IMME-
, counsel retained by the various of-
neglect of duty. ' „ ficiai8 and other defendants are: in
Immediate action is sought ]>> th*., Mabe)1 caw, Attorney Foster of
state in the removal of thei officials Lhandl(,r. cutllp, of Tecumseh; Pen-
Contrary to general belief the count; | „pton. for Biggers. C. H. Stuart, ot
commissioners will not appoint a, ..(,A|pstf.r. Ben Williams, of Norman;
county attorney to succeed ' Reeling and Hood, L.
in the event the latter Is removed, bu Sims p1P(i Retly,
the court will perform that function. , ,, pitman. 1
The district judge, in the event a new
one is to be appointed, will be named
by the governor. .
Owing to the late hour at which the
I matter was taken up the proceedings
against Maben had not advanced far
PAYABLE ON
PURCHASER.
DIATE POSSESSION TO A QUICK
BUYER.
G. Pitman: for
and for John
I. E. Hood and
8
22 East Main
Learn Bookkeeping
We have been asked to fill a large
number of Bookkeeping positions,
which will open up at the beginning
of the Fall Business. In order to sup-
ply the Kali demand we are offering
our Scholarships at greatly reduced
rates for Cash.
We want about fifty more students
for the Summer Term. Enroll now
while the rates are cheap. Write for
Catalog, or Phone 474.
WESTERN BUSINESS COLLEGE
Phone 505 Over P. 0., Shawnee Okia.
Fire & Tornado
INSURANCE
Let us Insure you in the strongest
of companies at the lowest premiums
TODAY.
Lambard-Hart
Realty & Investment Co.
Over Shawnee Nat l. Bank, Phoce 141
Garrett, L. G. Pitman
I H Woods. . ,
"in line with the determination ot
the state to push the case without do-
lav Judge Caruthers, whose term
would have expired Wednesday, lias
been appointed for two more weeks
as special judge for this district.
A SEVERE STORM
DAMAGES #E10
Tupelo, Okia.. April 26. A
electrical, hail and wind storm com-
ing from a southwesterly dlrectio
struck Tupelo about 12 oclock today,
which did considerable damage, blow-
ing down and demolishing the three
room residence of J. E. < lark, a -
moments after the family had
house and gone to the storm cella .
The loss was $5.00 : insurance. 1.00U.
The front of Sutton & *>° s
store building above the cornish was
blown down. Damage $E0: no 'nsu
ance. 'I he upstairs windows of the
Co-operative Store Co. s atore buHd
Ing were demolished. They had rm
insurance. The windows of the new
Baptist church on the south side
broken In by hail. These were cov-
ered by insurance.
CHAS. B. \Vl
M.
1909.
M. D, OWEN,
President.
[I,SON. JR..
Secretary.
p. OWEN,
S. D. DECKER.
CHAS B. WILSON. JR..
Com. to Draft Resolutions.
all injunctions against
three cent fare dismissed
Special to the Herald.
St. Louts, Mo.. April 26.—All In-
junction suits against the various lines
of railroad In Missouri, to restrain
them from putting into effect the
three cent passenger rate, were today
dismissed by Circuit Attorney Jones.
COP* Of LEnER
After some little examining of wit-
nesses Including the clerk the deputy
clerk and the foreman of the jury, J.
H. Wood the court ordered the cor-
rection made. „„„ .
In keeping minutes on teh court
session the name was omitted and
consequently when the minutes were
copied on the Journal entry the name
of Barnhardt was not included.
As Judge Caruthers was not accom-
panied by his stenographer. It was
aereed that J. Ducker, of Judge Ma-
bels court, should take down the tes-
"Tn the case of the State vs. Bert-
White, the witnesses were ordered to
^Attorney*General West then asked
that the following witnesses In the
case against County Attorney Biggers
be put in bonds of $1000, to appear
from time to time and from term to
term as directed: John Rogers, It
Witherspooti, B. O. Johnson, L. B
Howell and Hardy Betts and the foi
lowing in bonds of $500: Elmer Haw-
kins, J. Henderson, James Boswell
Joseph Murrey, Ed Hagner, M L. Has
coe, David Cobb, .loe Langston. J. .1
DeGramt, K. Schaffer, W. S. Jan
Joe Cowan, George Butler and Nelsot
J"8- , , . |
The witnesses were ordered to ■
In court this morning and were grant
cd until this 110011 to make the bond
which the court ordered, as requested
However, the attorney general asked
that in the event any of th witnesses
could not make bond in the sum sti-
pulated that It be reduced.
Most of the witnesses made bond
lasl night in Shawnee before District
Clerk Hudiburg, who made a special
trip for that purpose. Those who fail
to comply with the order will hav
attachment writ issued against them
Seeking to quash the Indictments
that have been returned by the grand
Jury against District Judge W V
Maben, counsel for the defense offer-
ed motions to that effect before Judge
Caruthers yesterduy afternoon.
II is understood that attorneys for
the other defendants, against whom
the grand Jury has returned indict-
ments, will also petition to have the
proceedings quashed as each case is
brought up. '
The first three indictments against
Judge Maben were taken up yester-
day. As each was read, a motion to
quash was recorded with the clerk.
Attorney Pendleton stated for the
defense that copies of some of the lat-
ter Indictments had not been received
as yet. whereupon the attorney gen-
eral agreed to a reasonable extension
of time in which to enter a plea. The
Indictments will be taken up again
Wednesday morning, the court grant-
ing 4S hours time in which the counsel
for the defense can secure copies of
the Indictments, which are rather
lengthy, and require considerable time
to copy. ....
None of the other indictments
against, other defendants were taken
up. although County Attorney V. It
Illggers. Chief of Police Bill Sims.
To|in Garrett and Bert. White were all
In court. Their hearing was post-
poned until this morning
Court was not called until yesterday
atfernoon because of the delay In the
arrival of the attorney general.
Among the polnls raised in one mo-
tion made to quash an indictment Is
that in the empantielllng of the grand
jury the court did not empannel It
from the first names drawn to the
number stated in the judge's order,
bill that the court, without cause or
excuse, peremptorily excused various
persons drawn as members of said
grand Jury. It is contended that the
second ventre was without authority
of law. since it is stated that the first
panel was not exhausted. The legal-
ity of the jury commissioners is also
questioned. Other excerpts are: •
This defendant is informed and
believe that other persons not mem-
bers of said grand jury were present
_nd were permitted to be present dur-
ing the session of the said grand Jury
hile the vote on the finding of this
indictment was being taken and the
case being ocnsldered and discussed
and while the said grand Jury were
deliberating thereon, towit: Charles
West, attorney general: Fred fa. Cant-
well. counsel to the governor, and H.
B Blakeney, private counsellor and
prosecutor, and other persons whose
names rae to the defendant unknown.
Defendant Is informed, and be-
lieves and charges that B. 11 BlaK-
•nev an attorney at law. was employ-
(CONTINUED ON PAGE FIVE )
The ladies of the Episcopal C.ulld
I ,ni meet at 2:31) oclock this -r-
noon with Mrs John Rorer
Mr.
My
thfir legal status not af-
fected if they remain in
the same county.
Special to the Herald.
Sapulpa, Okia.. April 26. James
Serge, a prominent oil man ot this
place, was today shot and instantl>
killed by Joseph Young, at Tanaha.
It is said that Young had Insulted a
servant girl at the boarding house
where both were stopping and that
Serge interfered in her behalf, which
Sfi angered Young that he shot the
girl's defender.
try A herald WANT AD.
Portland. Me., March 1, 1909.
A. W. Wright.
Shawnee, Okia. '
, Dear Sir:— ,
Yours of February 15th is at hand.
In reply will say that I am using
your system for correcting the errors
of Refraction and consider It the most
perfect that I have ever used.
Wishing you success wtih it I re-
main Very truly yours.
K B. SWIFT
Special to the Herald
Guthrie, Okia., April 26.—The attor-
ney general, in an opinion handed
down today, holds that a newspapw
can be moved from one point to an-
other in a county without losing 1
legal status, but If moved to another
county it must be published fifty-two
weeks in the new location before re-
claiming its standing as a legal pub
lication.
A. B. Jones and family returned
from a protracted visit to <'*ak
points, seeking pleasure and health
They report a g d time and genual
a physically.
r
IN OLD AGE YOUR SAVINGS
may possibly be your only protection
against want. And the time to make
those savings Is now. Not next year.
;xt month, or next week, but today.
| UNION SAVINGS BANK
offers to open an account with you
with as little as One Dollar. It ad-
vises you to start one at once. The
quicker you begin saving, the surer
you are that your old days will not
be spent in poverty and sorrow. We
want your bank accounts; start today.
SHAWNEt, OKLA.
OPPORTUNITY IS SAID TO KNOCK
BUT ONCE
but you have a chance to p^t'oT^ou" etn-
in the week. Once you have st. d business opportunity pre-
SsTsen!11 HavlnTala^ account helps create business^abUlty.
L. Z—m-
THE OKLAHOMA NATIONAL BANK
A Depository ol The United States
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Russell, U. S. Shawnee Daily Herald. (Shawnee, Okla.), Vol. 14, No. 214, Ed. 1 Tuesday, April 27, 1909, newspaper, April 27, 1909; Shawnee, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc103757/m1/1/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.