The Daily Oklahoma State Capital. (Guthrie, Okla.), Vol. 9, No. 276, Ed. 1 Tuesday, March 8, 1898 Page: 1 of 4
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THE FIRST PAPER PUBLISHED IN OKLAHOMA.
UUTHU1K, OKLAHOMA, MAHt'H, 8, 189M.
THE COURT'S SAY.
Decision in Full in the East Guthrie
OFFICIALS WERE SOONERS ALSO.
KauMoui Fm)lie 4'nuld Xol Take .%d-
vautage r Hin Position % Dep-
uty HuinIihI and Nettled
From The StateCapltal Bureau.CIO HthSt.
Washington. March 8—The following \f
the full decision handed down by the
United States supreme court in the ease
of Ransom Payne, appellant, vs. \V S
Robertson. John Poster, A. <\ Schnell
and Zenophon PI tiger aid which was an
appeal from the supreme court of Oklu-
Payne, tin* appellant here, filed his bill
of complaint In the district court for the
county of Logan and territory of okla-
homa. Plrst judicial district, against the
present appellees. It was averred In
the bill that prior to the. passage of the
act of congress of March 2.188H, providing
for opening the Oklahoma Ian. s for set-
tlement. the complainant had been duly
appointed and qualified as a deputy mar-
shal of tile United States, and that after
the proclamation of the president, on
March 2:i, 1K89. declaring that said lands
would be open to settlement after noon
of the 22d day of April. 1889. complainant.
In pursuance of orders of his superior of-
flcer, the marshal of the lTnlted States
for the district of Kansas, went Into the
territory, to the locality where the 1'nlt-
ed States land office at Guthrie was lo-
cated. for the purpose of preserving pub-
lic order. That being rightfully In said
territory and possessed of all «..e quali-
fications required by the act of congress
to authorise an entry of lands in such
territory for the purpose of a homestead,
complainant, after 12 o'clock, noon, of
said April 22. Ikm, settled upon a named
quarter section of land, at once com-
menced digging a well thereon, and
claimed the same as his homestead, and
that on the next day lie duly en
said tract of land at the I'nlted States
land office in Guthrie paid the nee
ary charges and expenses connected with
such entiy. and thereafter fully com-
piled with a I lother requirements of tin
homestead law Though the lull aver-
red that at the time of Ids go.ng Into
the Territory to perform the duties of
deputy marshal, complainant "had form-
ed no purpose or intention in regard ti
selecting or taking a homestead wher
said lands should be duly opened for set-
tlement." nevertheless It was averred
elsewhere in the hill that in rellanc
certain opinions and assurances of the
commissioner of the general land offlc«
and the secretary of the Interior, claim
ed to have been coinnununlcated to par-
ties similarly situated as was the ct
plalnant, to the effect that persons
situated were not disqualified from en-
tering a homestead when the lands be-
came opened to settlement, complainant
remained in the territory and madt
settlement in question. It was further
averred that, subsequent to such entry
and settlement, the defendant, Pltzger
aid, went upon and claimed sal . trac
of land as a homestead, and that othe
parties by force and against t..e notlc
and warning of the 'complainant, pro
ceeded to stake off and occupy a large
portion thereof as a townslte In viol
tion of law and of the prior superior
homestead rights of the complainant
ami misconstrued the law In cancelling
■ntry of complainant; and he prayed
that the townslte trustees be divested of
the legal title of the tract In question
and It he vested In complainant. The
was demuried to upon various
grounds, and the demurrer being sus-
tained a decree was thereupon entered
llsinissing the hill. t >n appeal this de-
was affirmed by the supreme court
of the territory, and from the decree of
affirmance an appeal was taken to this
In sustaining the demurrer the lowei
jurts passed upon but one of the
which asserted that the complainant did
<et forth cause of action. This con-
tention went for the merits of the case
and called lor a decision id" the question
upon the facts found by him. properly
held that Payne was disqualified from
making Ids alleged entry. \s this is
the pivotal point in the case and Its de
Islon Is free from difficulty. we shall
online ourselves, in this opinion, to Its
The ruling of the secretary of the In-
terior that the settlement made by com-
plainant is Invalid Is averred in the hill
to have been based on the following find-
ing of facts:
Ransom Payne made homestead en-
try for the nw. qr. of sec. nine (i ) on
April £!, lX8!i. Said Ransom Payne was
Appointed prior to t . • passage of the act
f March 2. 1889, (Hi C. I- O. <> 11.) pro-
Idlng for the opening of the Territory of
)klahoma to settlement and prior to the
proclamation of the president tixing the
for said opening, and he entered
said territory prior to Apt ti 22. and was
i that day at noon In obedience to
irders Issued by Ids superior officer, and
iras there In discharge of Ills official
lutles. Immediately after 12 o'clock
m of April 22 he went upon the land
luestlon and commenced to dig a hole
In the ground for a welt and as soon as
practicable appeared at the local office
and made his entry. So far as his age.
iltlzenshlp, etc., are concerned, he was
i qualified homestead claimant, and he
s his claim upon his prior settle-
The statute which It Is claimed was
misconstrued and misapplied by the sec-
tary of the interior in his decision sus-
taining the cancellation of Payne's entry.
Is that portion of section 13 of the Indian
18851. (25 stat. 1004, c. 412,) wide . after
stipulating for the disposal of lands ac-
lulred from the Seminole Indians to
ictual settlers under the homestead laws
only, except as therein otherwise pro
Ided, declared that "until suiu lands are
ned for settlement by proclamation
by the president, no person shall be per-
mitted to enter upon and occupy the
e. and no person violating tills pro-
n shall ever be permltteo to enter
any of said lands or acquire any right
thereto." It was also claimed that the
(Continued on Second Page.)
CATTLEMEN IN SESSION
THE BILL PASSED.
The House Supports the President
With Fifty Million.
CONGRESS WILL NEVER WEAKEN.
Till* Will I'lfllutlr Ilir knaulMK of
Him tin. Ihf Trvuur) l«t Am-
ply Able In MmuU %u>
I', merge iic y.
KromThe9tu<eCapital Bureau,61014th St
Washington, March 8-After three
hours of unbroken eulogy of the presi-
dent's conservative action with relations
to the Spanins difficulty, the house, with-
out a dissenting vote, passed the idll ap
propria ting $T.O.OOO.O(W for the preservation
of national honor. The scene at the
passage of the Idll was most Impressive,
all parties and factions voting for the
appropriation. During the course of
discussion. Callahan spoke one minute,
announcing that he would not leave con-
gress to fight for Cuba If war came, pre-
ferring to remain and represent Oklaho-
The appropriation of $50,000,000 for the
national defense for which provision was
made In the bill passed In tlie house to-
day hy Mr. Cannon, wll not Involve the
issue of bonds. This announcement was
made by the treasury department offi-
cials, Who stated that the treasury was
amply prepared to meet any demands
that will likely be made upon It. On
February 1 the cash In the treasury
amounted to $856,571,706, or which $2'd.-
tHi.'}.971 was gold. $511,858,840 silver. $!
564,958 paper currency and $3.1,094,002 In
disbursing officers' balances, etc. The
net available cash on hand above ai lia-
bilities amounts to $225,564,20.1.
not thought of resigning; in fact such
tiling has not entered my mind. The
ntlre article originated with Mr. Nib-
lack and contains not one word of
truth. As far as the (rouble between
General Jamison and tnyself! That
was settled to the satisfaction « f both
• vernor Renfrow and dietary howe
at the time, and as far as 1 was con-
nected with It I hail entirely forgotten
about it until I read the Leader this
morning. As to any charges having
been filed 1 know absolutely nothing
about It If such Is the case. At this
time 1 have received no notice of any-
thing of the kind. I am a public ser
vant and the affairs of my office are
open for inspection at all time—also
my private affairs "
v. Barnes was asked if any com-
plaint had been made to him of Gen-
eral Hosenbaum. lie said there had
LAND GOING FAST.
AVERAGE OF SEVEN FILING A DAY
Captain Camerron. receiver of the land
iffice at Alva Is in the city. In speak-
ing of the rapid growth of Western OK
lahoma, the Captain said: "The home-
stead tilings at the Alva land office In tne
>ast two months have averaged seven a
It was also averred that on May 9. 1889,
the townslte claimants Instituted pro
ceedlngs In the I'nlted States land office
at Guthrie. Oklahoma, to obtain a can-
cellation of the homestead entry of com-
I alnant. and that ultimately such entry
was cancelled, the secretary of interior
approving the action of the commission-
er of the general land office in ordering
such cancellation on the ground that
complainant was disqualified by his pres-
ence In the terr't ry prior tn the time
fixed in tlie |. lamutlon of the presi-
dent. for making the entry. it was fur-
ther averred that subsequently the sec-
retary of the Interior, in pursuance of
the provision of the act of May 14.
c. 207, appointed the defendants Robert-
son. Foster and Schnell to prove up and
enter the tract of land claimed
townslte, in trust for the Inhabitants of
a town to be called East Guthrie and
that after llnal entry by such trustees
a patent of the I'nlted States was duly
Issued to them, which It was claimed
vested In said defendants the legal title
to the land covered by the patent.
in conclusion, complainant averred that
lie had done all things required by law
in order to be entitled to a final patent,
and that he was the equitable owner of
the land claimed by him; that the sec-
retary of the Interior bad misapplied
Fort Worth Entertaining the Beet
Tlie BiggcMt Con vent ion liver; Held
in Thin Country Sow Absorb-
ing Interests of the WeM.
Fort Worth, Tex.. March H. The
twenty-second annual convention of the
Texas Cattle Raisers' Association, which
is in Session here today, is the biggest
meeting of cattlemen ever held In the
I'nlted Staotes. There are nearly 2.f00
here and there are fitly 3,000 members
generally. Kansas City, St. Louis, Chi-
cago, Omaha, Denver and St. Joseph an
all well represented, Kansas City send
ing about sixty men from the yards and
exchange. The delegation from Kans
City, however, Is the only one not orgo
I zed. Each Kansas City man has come
on his own mission. Other cities, espe-
claly St. Louis, are advancing the claims
of their market by organised effort
The convention will probably a
pllsh nothing more at its regular
than Is usual sit such meetings.
will formally join the national
siition formed at Denver some w
!uul there wll be th«*
quarantine, railroad and stock
ters. R. J. Kleberg, tne big
BIG REWARD OFFERED.
ILL PAY $1,500 FOR EACH MI'R
DEREK OF BAKER.
Washington. Ma -ch 8. -Postmaster
eneral Gary today issued the follow-
ing circular offering a reward of $1,500
for the arrest an conviction of each
rson who participated in the murder
if Postmaster Baker, at I<gke City,
on the night of February 21.
The special reward of $200 heretofore
•ffered by the post office department for
th arrest and conviction of the person
persons who burned the postoffic
Laek city. S. ('., on the night <
February 21, 1*98. is hereby renewei
ind the special reward • f $500 for the
arrest and conviction of the person i
rsons who murdered the postniaste
at that place on the same night is here
by Increased to $1,500 for the arrest and
ictioii for each person who partlci
pated in said murder.
iese rewards will be paid to the
person or persons causing such arrests
and convictions, upon presentation t
department of satisfactory prtxj
thereof, but no claim for the above re
wards will be entertained by the de
nent unless presented within six
months from the date of conviction.
a I discussion of
from the Rio Grande, the originator
the scheme to dip for Texas fever,
here to meet Dr. Salmon,#he hea of the
I * nlted State.s quarantine department, to
attempt tin agreement in regard
quarantine regulations based on the dij
idea. Mr. Kleberg says he Is perfi
satisfied that the fever question has been
solved in the dipping of cattle, anil he
claims two dippings to be ample protec-
tion to the North against contagion
He also claims that the department of
Agriculture shares his views, and It Is
only a question of getting the different
states to wheel Into line before the entlr
quarantine system of the country w «. I
revised to meet this new discovery.
INDIAN TERRITORY PENSIONS.
From The StateCapltal Bureau,610 14thSt.
Washington. March 8.—The following
citizens of Indian territory have
| granted pensions:
Grove, $«'. to $s. original, widows.
Russie M. Stout. Tahlequah. $12; orig
inal John F. Ashley. Adair, $6.
uopuoi if >|.ioa M8N '"OO 10VMJ.X3 S.QNOd^,
■40ddouM Puu 1*1*1 uo Ano J°j *°°1
THE HOUSEHOLD PAHACEA FOR PAIN.
JERRY BOTKINS SCHEME.
HE WOULD GIVE ALL EX-SLAVES A
Washington, March 8.—Congressman
eremlah D. Botkln, of Wlnfield, Kas.
ldently desires to outdo "the forty
res and a mule" helper of the color
ce, according to a measure Introduced
him today. His object Is to provide
lands in any state free of all chargi
without the payment of fees or commis
i. No one is to be allowed mor
forty acres, and no family more
160 acres. Homesteads under this
ict would not be subject for sale,
slgnment, lease or Incumberance of any
kind. This prospect may make a
whites of eyes uplift In a spirit of antl-
Ipation, but that will be the extent of
the aid for t'nele Sam's stable wards.
The tide of immigration has been turn-
ed to the western section of the territory
in the last year. There Is a great de-
iand for laud for agricultural purposes
where two years ago the entire country
covered with big horned cattle.
When oklahoma proper was opened to
ttlenient the people made a grand rush
or land in the eastern portion of the ter-
ritory. The impression prevailed then
the western portion was fit only for
grafting. The cattlemen were largely re-
sponsible for this Impression, as they
desired to graze their herds on the buf-
falo grass which abounds In that section.
Another fact which Is of vast Importance
overlooked at that time. That
part of the country, ami especially the
mthwestern part Is a perfect net-work
f streams of good, clear, pure water.
The prejudices which kept settlers
away in the early days are fast being dis-
pelled by a realization of the nature of
he land for agriculture purposes, and
olony upon colony are seeking homes In
the western part and making substantial
Improvements, comfortable homes and
arge orchards and fields are taking tlie
place of the long horns, and the cattle-
men are gradually seeking pastures fur-
The people of this section can talk
prosperity, but the people of the western
action are sawing wood—they are wide-
awake ami fully abreast of the times.
Recedes From It's Recall of Consul
THEY SAY IT WAS BUT A REQUEST
That In I lie 4 I aim of tlie MpaiiiHh
4 o\ eminent-- It 4)ul> Meut Out
a l-Veler--l.ee In .\ot %t
Washington. March 8 Spain has with
drawn her request for the recall of Con-
sul General Lee, and it is believed that
the incident is practicaiy closed The
withdrawal came today In the shape of
an official communication from Minister
Woodford. It is now stated that the re
quest was never put In the shape of a de-
mand. but that it was merely a sugges-
tion on the part of Spain, ami when she
found that It would not be pleasantly
ecelved by tills country site promptly re-
Had the Spanish government made an
official demand for General Lee's recall
it would have had no recourse, in the
event of refusal by our government to
accede to the demand, but must hav
withdrawn tlie consul general's exequa
ter, thus leaving him without official
status in Havana. The matter not ha
ing taken that official form, however
there Is no tangable excuse for Spain to
look upon herself as humiliated |n this
Iba Rar«l ik the highest qrbaking powder
k««mn. Actual tail* alum it goci wra-
tkird ImiIber tfc«n •« wtfcer tioiL
STAR ROPT13 SCH ED CLE
•'rom The State Capital Bureau, 61014th St.
Washington, March 8. The following
dianges have been ordered by the post
iffice department in the star schedule of
Route 54130. Noble to Tecumseh.
Leave Noble dally except Sunday at 7
Arrive Tecumseh by 4 p. m.
Leave Tecumseh daily except Sunday
at fi p. in.
Arrive at Noble by 1 p. m. [IT feb. 9M.
Route fi43fi . I.ydla to Parnell.
Leave I.ydla daily except Sunday at
8:1ft a. m.
•rive at Parnell by 11:15 a. m.
'live Parnell daily except Sunday up-
on receipt of mall from Shawnee.
Arrive sit I.ydla in three hours. [2S
Also the following change in post of-
Lewiston Lincoln county.
north, on route 54385. |1 mar
They Cannot Agree on the Same Con-
July Im tlie lieneral Month Decided
On. Hut There are Many IMIfer-
Topeka. Kan., March 8.—(Special.)
The republican state comntllee wil'
meet here tomorrow night and Px the
date and place for the state conven-
tion. Besides Hie members of the com-
mittee, the meeting will attract all of
the various candidates and a big lot of
politicians from every section. The ad-
vance guard has already arrived.
Among the candidates already here are
John Seaton. for governor; George Cole
for auditor, and Frank Grimes fr treas-
urer. The various other candlda'es -.re
expected tomorrow morning.
There promises to be a lively time in
the committee over the question-* of
date ami place. The majority of the
advance guard favor an early conven-
tion. They say it is unwise until the
fusionlsts hold their convention for tin
purpose of profiting by their mistake*
Their argument is that the republican
party doesn't need to wait to see w hat
stand other parties take on certain
questions;that its big and broad enough
to lead the van.
Chairman James Simpson holds this
ipinion. "Kansas republicans know
what the platform should contain right
now," said he, " and they also know
bout what the opposition platform w ill
e, so what is the use of waiting?" H
said he believed the majority of lie
immittee would favor an early con
ention, probably before June !"• al
though he had not consulted any o
I would not write any of the m ni
bers asking for their views." said he
as it would savor of bosslsm. I appre
bend I hat when the members get here
fresh from the people, they will mee
and talk the matter over and do what
ever is in the interest of the people.
Madrid, March X. The details of
Spain's request that the I'nlted States
government recall General Fitzhugh Lee
from his post as Consul general of the
I'nited States at Havana are as follows;
The I'nlted States minister, General
Stewart L. Woodford, had a conference
at tin* Spanish foreign ministry on Thurs-
ua.v last, with Senor Ouilon. the minis-
ter for foreign affairs, who acted as In-
terpreter. Senor Ouilon expresed the de-
sire of the Spanish government that Gen
al Lee be recalled "as proof of the
good will of the I'nited States." General
Woodford cabled Immediately to V.'a >h-
ington on the subject, and the reply of
I'nited Slates government wai com-
municated to Senor Gullon on Saturday.
Some of the Spanish provincial papers
•ferred t« the matter yesterday, but tin
•wspapers of Madrid have not mud*
any rference to It.
Havana. March 8. General Fitzhugh
i e, consul general of the I'liiU'd States
when questioned toda regarding Spain'*
.letnund for his recall, s.iid: "I shall
nue to do iiy duty, wheb l>
guard American Interesis."
NOTHING IN IT.
GENERAL ROBENBAPM WILL NOT
Phil c. Hosenbaum, adjutant-general
and quarter master general of the terri-
torial military, was asked by tie* State
Capital this morning as to the truth
the article which appeared in the Lei
er of this date. He said. "As to
statement that I will resign within the
next ten days' you may say that 1 have j
CORA DASIE GUILTY.
'ONVR'TED OF GRAND
WO IMPORTANT BRIEFS ON TIIEI
81' RJ EC "PS.
r«>m The St a I e Capit al Burea n. 61014t h St
Washington, March H An effort w
* made next week to pass the bill
through the senate giving commutation
the lands bought from the Kickapoc
Indians in Oklahoma territory. As al
y telegraphed the State Capital, the
bill has passed the house, and Is now
pending in the committee on Indian af
fairs In tin- senate, awaiting a favorable
port. Senator Pettlgrew w.-. report
it back to the senate the latter part of
next week, and there Is no apprehension
that there will be any tight made against
it by any senator.
fie Idll, as it passed the house, Is a?
That the right of commutation h
reby extended to all bona tide home
ad settlers on the lands In ok.ahotna
territory, opened to settlement under
provisions of the act of congress entitled
"An act to ratify and confirm an agr<
t with the Kickapoo Indians in t
lahoma territory, ami to make appro
prlatlons for carrying the same lnt<
," approved March third, eighteen
hundred and ninety-three, and the presi
dent's proclamation thereon, auer four
i months from the date of settlement
upon ful payment for the lands at the
price provided In said act.
Senator Allen has Introduced In the
nute the following bill reducing f«
litest cases in Oklahoma:
That the fees for reducing testimony
writing In all contest cases in the
rltory of Oklahoma shall In no cast
reed eight cents per folio; and that th<
register and receiver shall employ
pet en t persons to transcribe said testl
mony, and shall render vouchers for the
Sec. 2. That all laws In conflict here
with are hereby repealed.
FEDERAL LAW TO BE TESTED
ACT OF ABOLISHING INDIAN
c 'c 11' I ITS QI' EST I ON E D.
loodell. and <
Architect J Foucart Is in Edmond.
D. S. Dilly, of Medford, is in the city.
F. J. Wikoff is over from Stillwater.
Judge E. B. Mentz is down from
J. W. Wilson returned to oklahoma
City at noon.
C. B. Hunt is among the Perry visi-
Frank Stearns was up from Shawnee
Robert A. Low ry Is over from Still-
water on legal business.
James Rrann and J. W. Howard were
up from Edmond this morning.
Edgar Jones returned last night from
visit to his sister in Kansas.
John L. Mitch was up from Edmond
this morning on educational business.
Prof. Morrow was over from Stlllwa-
r today and left at noon for Edmond.
Prof. Murdaugh, president of the Ed-
mond Normal, was in the city this
Seymour Price, register of the land
office at Oklahoma City, was in the
ity this morning.
roy Walker, editor of the Still
water Populist, is in Hie city, lie is re-
vering from a severe illness.
Rev. Hawley and wife returned to
)klahoma City today. Re\ Hawley is
territorial missionary for the Presby-
Auditor Hopkins, Treasurer Thmnp
son and Senator Martini are in Ed-
mond as regents of the school to trans
Judges Bierer and Dale returned lust
night from a ten day's hunt In the
)sage nation. They brought home
ome choice game.
NSURANCE AND WAR.
Inlistments Would Effect Policies in a
Way Unthouqht of.
CONGRESS A UNH
Every Member Stands With the Pred
SUME EXPRESSIONS ON SITUATIOl
Politic* Hake V> Difference \\ itl|
the Member** of 4 oujfrcmm--They
are %II Patriot)* lien the
4 ouiitr) Im at Htake.
Washington March S. The sentlmeij
at the capltol today and especlaiy on til
house side was unanimuos in support
the action "f the president In refusln
to recall General Lee The Immense gr
vlty of the situation seemed to profourii
ly Impress the members who stood .iboV
the lobbies before the house met. Wit I
out regard to party all united
mending the president's firm stand anl
the unanimous desire expressed was
support of any measures he inay de
necessary to maintain the American c
Representative Livingston, of Georgld
.i minority member of the appropriation!
committee, and Mr Bodlne, a mlnorlt
member of the naval affairs commltte*
both declared that they would vote I
anything ahe president should ask. "Cr
gress ought to be solidly behind the pri
Ident now ." said Mr. Livingston. ' TI
Is rio time for bickering of any kind,
tin- face of an Impending foreign w
party lines should be forgotten. We i
Americans tlrst. partisans afterwards
Speaking of the Madrid dispatch an
the statement made by Assistant Secre
ury Day. Chairman Davis, of the
ommittee on foreign relations, said
It Is a circumstance which aded to tli«
nt strained conditions, makes thing
vexatious. I approve the
s action In every particular."
Senator Pettlgrew said: "I
Approve i he president's cours
Mom! 4 oiiipaiiicM Hate a ( Iiiium* 4 an
reling tlie Policy or at l<ettMl
the Majority of It.
During all the excitement connedei
Willi the threatened war with Spain,
bably few citizens have thought
v going to the front would aff
their life and accident Insurance,
/bably will be interesting for them
know that under such circumstance*
in nearly every instance their policies
would he void unless they took the
autlon, before going, of securing
special permission from the company ii
which they are insured.
With very few exceptions there is a
lause in insurance policies by which
if the holder goes to war without per
mission from the company, the risk is
ancelled, except the "reserve vali
This would be a per centage of the pre-
miums paid, varying with the time tin
policy ha«l been In force.
After the outbreak of hostilities i
person intending to go to war would b<
impelled to pay almost prohibltlvi
rates to obtain a policy, and all thnsi
> held policies and had failed to se
e permission from the companies to
to the war would find that they
rled no insurance.
representative of one of the big
companies Is authority for
statement that his concern has had
eral Inquiries recently in regard to this
phase of the situation, but as vet the
matter has not been acted on officially
It Is stated, however, that If war oe
insurance rates will be advanced sulli
idently to put policies beyond toe n
of the average soldier or sailor.
BLAINE COUNTY BONDED.
A I DITOR HOPKINS
The Jury in the case of tin- territory
vs. Cora Dasie, for grand larcen;
turned a verdict of guilty in distric
court last night. The crime for which
she was convicted was robbing an agei
farmer of $7f last week.
In district court this morning
chaonge of Judge was was allowed in
the case of Payne vs. Hopkins. Judge
Rurford presided at the former trial.
A decree of divorce was granted Mi-
chael Rudwlck on the ground of deser-
Ry consent the case of Marion vs.
Bllncoe was continued for the term.
M. J. Bubeck a native of Germany.
A. C. Hlxon and O. c. Montgomery,
special detectives for the Santa Fe, Ernest W. Jones, of Perry, has been
were sworn as deputy I'nlted Stales appointed to be court commisiotier for
marshals. i Noble county. The appointment is a
Court adjourned at 2 o'clock this af- good one. Ernest is a worthy young
ternoon to S) o'clock tomorrow. i man and a rising lawyer.
1 T . March .H George
harles and Saladen Fore-
man, who are charged with murder,
were denied bail by Judge Springer here
today, cloodell is charged with killing
Johnson Fulsom and Bill flicker at No-
wata lust fall, and the Forenians are
charged w ith killing Charles Johnson in
the Cherokee nation last January. The
last named defendants will at once ap-
ply for a writ of habeas corpus on tin*
ground that the act of congress abol-
ishing the tribal courts is unconstitu-
tional. and Hint the Pulled Slates
courts have no Jurisdictions, as the
persons they are charged with killing
were all Cherokees by blood.
c A. McBrine county clerk of Blai
county, was In the city today fr«
\\ atonga. He brought over for reg
t rut Ion $20,000 won; of bonds recently
issued to pay Judgment secured against
the county for warrants issued sevei
al years ago. The isuance of the*
bonds was enjoined last week before
Judge Tarsney, it being speedily dls
solved by the court.
Mr. McBrine says Blaine county
splendid condtlon financially, warrant
being almost at par.
PENSION I SSI 'ED.
From The State i 'apltal Bureau,610 14th St
Washington. March 8. —Pension I
sued today was. Original, John Rhy
nard, Waynoka, $12.
S. II Miller was iu lite city this
morning. He is a candidate for the (
lahoma City postoffice In the event
the nomination of Reidler not being
Prof. Anient, president of the North
western Normal, Editor Hatfield, S
tor Vickers uiid S L. Johnson ar
Edmond today in the interest of the
In 11 ill
alter. I should Judge the request t<l
onsul general is somewhaf
im usual ami under otucr circumstanc
mid be complied with, but the comli-l
lions precedent to this case takes if
lUal rule and Justlflei
i r Cullom said: "I regard thtfl
pursued by the president in ans-1
the Spanish government .s right I
Justified by all the conditions, and tluf
tVmerh un people will endorse him In that
position he has taken. I have believe
that we were Hearing
risls, from day to day. and It has seemed|
rlsls from day to day and It
ment was endeavoring to bring on a
flict between that government and
Whether this government desires
not, on this account it would be almos
reed Into war with Spain.
eli understand, in view of the Interests!
• manifestation "i interest this counting
is taken in the conflict that has been|
■ing on between Spain and the Cubai
11w a withdrawal of any kind could be|
thought of, either from the point of
inal Interest or of common
lator Morgan said: I heartily ap-|
I the president's action In the dis-|
patch brought to my mention
think the Spanish government will in sisfl
upon Lee re< all not do i think it will!
fus< i bounty to those it n*'"k|
it may be dished out to them with
Bepresentatlve Grosvenoi Ohio, said:
Spain has the undoubted right to inakel
leremptory demand f<-i the withdrawal
i eGneral Lee I nder ordinary clrouttM
lances this government would be bound|
t.> grant this concession upon demand,
i.ut under existing circumstances, wherel
ithdrawal of Lee would be an im-l
piled censure his course ine president
should refuse just as peremptorily. The I
mcesslon of the withdrawal of Lee I
ould leave an Inference of censure on I
Ie part of ihis government, and that |
tne president could not afforde to do, In-
ismuch as General Lee, In all bis acts,
has met the entire approval of the pi es- |
JI'DGE BPRFORD WANTS ,
ERN I TOPI A.
Judge Burford Monday
jra Dasie for robbing
$7 in an Oklahoma aven
•casion to administer a :
in the trial <
i stranger <
.• resort, took |
cvere roast «
city officials who permitted such
things to run and especially the receipt
■ if fines therefrom. The judge a re-
marks. from a moral standpoint were |
commendable, but too Utopian for prac-
tical use. Were the Judge's advice car-
ried out all over the nation, the offi-
cials of e\ ei s tow n of the I 'nlted States
would be indicted, direct taxation be
doubled and a bowl go up I rom the
••over burdened taxpayers which
would reverberate around the earth.
And the experience in Guthrie is that
the fitst to complain of high taxes, and
the first to applaud any way of low-
ering ii are the moralists the so-call-
ed purists of society who own taxable
property. That man will be greatest of
Hie great and do the world untold good
who can invent some plan of city gov-
ernment for this and other countries
which will not think it necessary to lay
tribute upon human frailties and then
educate the people to a belief that di-
rect taxation which precludes such a
wrotifj i- moral reform which all should
commend and encourage,
But how long will it take to bring
this happy day "
The statutes of oklahoma which
Judge Burford is sworn to enforce
provides that all sorts of sin shall be
fined ami the fines go into the school
JOHN J. BOLES CONFIRMED
From The St a t e ('a pi t al Burea ti, 610 Ut h St
Washington, March s. The senate
late yesterday afternoon confirmed the
nomination of John J Boles to be reg
ister of the land office at Guthrie.
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Greer, Frank H. The Daily Oklahoma State Capital. (Guthrie, Okla.), Vol. 9, No. 276, Ed. 1 Tuesday, March 8, 1898, newspaper, March 8, 1898; Guthrie, Oklahoma. (gateway.okhistory.org/ark:/67531/metadc104404/m1/1/: accessed November 15, 2018), The Gateway to Oklahoma History, gateway.okhistory.org; crediting Oklahoma Historical Society.