The New Era. (Davenport, Okla.), Vol. 3, No. 52, Ed. 1 Thursday, January 25, 1912 Page: 4 of 6
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II
STATE CAPITAL
COUNTY assessor law
ATTACKED in oklahoma
4. G. Gray Seeks to 8ecure Injunction
to Prohibit County Assessor
From Performing Task.
COMMISSION ORDERS DIPPING
CHARGES REDUCED
AMOUNT INVOLVED IS LARGE
Evidence Sumbltted Showed That
Road Was Making a Good Thing
—Other Important Happen-
ings of Interest
Oklahoma City.—The constitution-
ality of the new county assessor law
known as house bill No. 160, passed at
the last session of the legislature, 1*
directly attacked In a suit filed In the
superior court of Oklahoma county by
J O. Gray, township assessor of Spring
Creek township of Oklahoma county,
against J. C. Frazler appointed county
assessor.
The suit la in the nature of appli-
cation for an Injunction to prohibit
Frazler from carrying out the duties of
his office and It 1b alleged that the act
was Illegally passed In that It did not
specifically repeal all laws In conflict
therewith.
It also is alleged that the bill Is In
conflict with the constitution In that
It seeks to deprive a duly elected of-
ficial of his rights and privileges with-
out due process of law.
Gray further claims that his term as
township assessor does not expire un-
til December 31, 1912. and that he Is en
titled to the fees and emoluments of
the office up to that date. He argues
that this will constitute a double lia-
bility on the part of the tax payers of
the county as they will have to pay the
fees of the township assessor for his
unexpired term as well as the fees of
the county assessor.
Reverse Trial Case
. ... •« «r, is Oklahoma City—Holding that It was
"a68 from this source up to| 39f,.45 ^ & refu8e tQ a)
shown that the dipping pens at
Oklahoma City—An order was Is-
sued Thursday by the corporation com-
mission in the complaint of H. C. Heat-
on, J. 1. Clare and H. G. Egell against
the Midland Valley Railroad company,
directing the company to reduce the
price of dipping cuttle at their five
dipping pens In Osage county from 25
oents for the first dip and 15 centB for
the second to 10 cents for the first dip
and 5 cents for the second.
The amount Involved in the case is
a large one. The commission brought
out In the evidence submitted that
more than 76,000 cattle are dipped each
year. Last year 76,794 were given a
first dip, and at 25 cents per head this
amounted to $19,19S.40; 20.275 dipped
a second time and 1,548 dipped a third
time at 15 cents each brought the reve
It was
Nelagony, Big Heart. Skiatook, Black-
land and Meyers coBt a total of
$6,879.74, and that allowing for 29 per-
cent depreciation and other charges
they are worth a total, of $4,676.01
from which they derived a revenue,
as shown, of more than $22,000.
Complainants testified that the coun-
ty dipping pens charge but 5 centB per
head, which Is said to. be the actual
cost of the operation, and on this show-
ing the commission ordered the re-
du'tlon, which becomes effective Feb-
ruary 1.
CONSTITUTIONALITY OF
MINING LAW INVOLVED
Briefs are Submitted to Criminal
Court of Appeals in Case of John
Patterson va. Oklahoma.
Oklahoma City.—Briefs have been
submitted to the criminal courts of
appealB in the caBe of John Patterson,
plaintiff in error, against the state of
Oklahoma, defendant In error, an ap-
peal from the district court of latimer
county, and a suit involving the con-
stitutionality of the state mining lawa.
Patterson was mine foreman for the
Kali Tula Coal company at Cambria.
Three years ago an explosion occurred
In the mine, and a number of men
were killed. Patterson was arrested
on a charge of violating the mining
laws of the state, was found guilty and
fined $250. Damage suits were In-
stituted against the company.
Patterson was convicted in the
lower court on the ground that he had
allowed workmen other than those em
ployed as shot firerB to fire charges of
powder in the mine, and that he had
allowed men In the mine while a
shot was being fired, contrary to the
provisions of the mining laws which
specify that In mines employing ten
men or more, shots shall only be fired
between shifts, while all are out of
the mine, and by men employed to do
that work.
low the defendant In a liquor case to
prove hie general reputation as a law
abiding citizen and that ha did not
have the reputation of being a whisky
peddler or engaged in violating the
prohibitory law, the criminal court of
appeals, in an opinion by Presiding
Judge Furman, reversed the convic-
tion of Frank Friel In the county court
of Canadian county. Friel was run-
ning a livery stable at Calumet. The
prosecuting witness swore that he
bought a bottle of whisky from him
and Friel swore that he did not. There
was no other evidence and It Is held
that Friel should have been allowed to
Introduce evidence as to his general
reputation.
Enough for Six Months
Oklahmoa City.—President R. L.
Winchell of the Frisco says that the
recent purchases by his road of 2,750
freight cars, seventy passenger cars
and other equipment will satisfy
Frisco needs along that line for bIx
months, provided no large change in
business comes. As for Bteel rails, he
said that 10,000 tons o last year'B or-
ders are still undelivered, owing to
the plan of satisfying the more press-
ing needs for maintenance. Frlsco'B
normal yeany renewal rail require-
ments are In excess of 80,000 tons and
contracts for these all will have been
let by July 1. During the past two
and one-half years the Frisco has an-
nually spent $500,000 In tie renewals.
Seeks Redress In Highest Court
Oklahoma City.—The case of the M.
Rumely Co., vs. Elwood Denney, et al„
from Canadian county, grew out of the
purchase by Denny of a threshing ma-
chine outfit from the Rumely com-
pany. Following a series of bad crop
yearB the company took back the en-
gine, but claimed that Denny was to
keep the rest of the outfit, and got a
new series of notes from him. Denny
claimed that the company agreed to
take the whole outfit back and that he
was drunk when he signed the new
notes. The case was decided in his
favor In the lower court and the com-
pany now appeals.
Trammel Paroled.
Oklahoma City.—A parole, petition
for which was signed by many of the
county officials of Qreer county, where
he was convicted, was granted to C.
S. Trammell by Oovernor Cruce.
Trammel had been convicted on a
charge of attempting to kill his son-
in-law. It was shown at the trial that
the Bon-ln-law was beating his wife
and Trammel Interfered.
Blanks Mailed to Corporationa
Oklahoma City.—Blanks or the re-
Corporatlon Commission Reacinda Its ,urn °' property for valuation by the
Former Action In Caddo Via- i "tato board of equalization have been
duct Case ! ma"ed to a" corporations In the state
and thlB data, when collected, will be
Oklahoma City—The corporation used by the board In making up as-
commisslon rescinded a ormer order In sessments or 1912. There are In all
one case and modified another. In about 1,500 corporations in the state,
the case of W. L. Cooper against the The returns are to be made up as of
Katy railroad, the commission previ- February 1 and are to be in the hands
ously ordered the company to build of the state auditor not later than
a viaduct in the town of Caddo. The March 1. In writing to the corpora-
railroad company appealed the case tlons Auditor Meyer urges that returns
to the supreme court and applied to be made promptly without waiting
the commission for a supersedeas .M„j po\\o[|K iswi em mun
bond. The commission first allowed
It but later rescinded that action Unique Attraction
Oklahoma City.—The Missouri, Kan-
sas & Texas's agricultural special
which leaves out of Arcadia, Okla-
homa County, on Wednesday, January
24, has the distinction of being the
only train of that character in the his-
tory of the state, which provides
OWEN MEASURE
HAS PREFERENCE
SENATORS DISPOSED TO PASS I IT
INSTEAD OF CARTER BILL.
BILL INSURES NO DELAY
Indian Affaira Committee Recommends
Its Passage, and Lower House
Expected to Accept Substi-
tute—Other News.
Washington, D. C—With several
amendments affecting the Mmfe and
manner of sale, Senator Owen's bill
providing for the sale of the surface of
the Choctaw and Chickasaw coai and
asphalt lands, nearly 446,000 acres, was
reported to the senate Thursday from
the Indian affairs committee with the
recommendation that it be passed.
The Owen bill will take the place
of the Carter measure. Friday before
the senate committee, Pat Hurley, at-
torney for the Choctaws, made the dec-
laration that although the tribes affect-
ed were opposed to the separate sale
of the surface and the mineral lands
they approved the Owen measure over
the Carter bill because It hastened the
time of sale In addition to making pos-
sible the disposition without reserva-
tion of 65,000 to 143,000 acres of sur-
face land under which there are no
minerals.
The Owen measure provides that
there shall be three appraisers appoint-
ed by the secretary of interior and that
the sale of the lands shall take place
immediately after the appraisers have
completed their work, which must be
LIFE'S DISAPPOINTMENTS
A|
will Meet In September.
Oklahoma City.—At a meeting of
the executive committee of the State
Photographers' association at the
Sklrvin hotel, held recently, prelim-
inary arrangements were made for
holding the association's state con-
vention in Oklahoma City next Sep-
tember. R. ti. Cltne of Duncan. Okla.,
president of the state association, an-
nounced that the 1912 convention will
be the largest ever held.
SUPERSEDEAS ORDER DENIED
AFTER HAVING BEEN ALLOWED
/OTJOPMIIOH
(Copyright. 1912.
COURT DECISION MAY
MARKS EPOCH IN
INTERVENE
CUBAN ISLE
OVER SEA ROAD
IS DEDICATED
OREATEST ENGINEERING FEAT
OF PRESENT AGE
LINE HAS COST MILLIONS }
Stretch of Roadway Prom Mlama te
Key Weet, Florida Coat $150,000
Per Mile—Now Opened For
General Traffic
HIGHEST COURT UPHOLDS EM UNCLE SAM SENDS WORD TO
PLOYERS' LIABILITY LAW PRESIDENT GOMEZ
BENEFICIAL TO BOTH MUST CHECK VETERANS
Rights of Employe and F.mployer Con- \ Unle8s Cuban Executive Squelchea
served In Measure Passed by Activity of Political Organization
Congress to Replace One De-
clared Unconstitutional
Causing Trouble, American Flag
Will Float Over Island
Washington.—After nearly a year's Washington—The state department
consideration the supreme court of the | has served notice on President Gomez
United States gave its unanimous ap- ' that the United States will intervene
proval to the employers' liability law in Cuba if further uttempts are made
enacted by congress in 1908 to take by the veteran organization to nullify
the place of a similar act declared un- the law prohibiting interference of the
constitutional. The decision marks military in political affairs In Cuba,
an epoch in labor legislation. The attitude of the United States is
The old common law, hedging in the shown by the following note presented
rights of employees, is displaced in 10 'he Cuban government:
several particulars by the statute as "The situation in Cuba as now re-
approved by the court. ! ported causes grave concern to the
Notable among these is the aboli-
tion of "the fellow servant doctrine" '
government of the United States.
"That the laws Intended to safe-
DR. SUN YAT SEN.
President of Chinese Republic, who
ia Seeking to Put His Country on the
Road to Progress and Prosperity.
which places the matter with the su-
preme court. That body will now de-
cide as to the supersedeas bond.
Mangum Case Appealed
Oklahoma City.—The city of Man-
gum has been appealed to the supreme
court from the action of the district special lecturer and pictorial exhibit
court of Greer county in giving judg- for the children. The road has in-
ment for $1,000 to Jarret Todd, county vlted every public school student from
Judge at Mangum and a prominent the fifth grade up In the fifteen towns
congressional aspirant, for damage al- uovered by the schedule (o be present
leged by the changing of a sidewalk ;«t the exhibits at their respective
grade. towns.
Muskogeeans Petition, | 556.852 Persona of School Age.
Oklahoma City.—Fifty Muskogee Oklahoma Clt> AH county (reas
citizens petition the commission io re- „rtrs tr.roughcut the state are be-
quire the Electric Traction company ,n<j requested by State Superin-
of that city to atop Its cars at the iendent R. H. Wilson to withhold
Intersection of Madden and North the February apportionment of state
third streets. school funds made recently by the
I school land department Is received, so
Commission Modifies Order. tbat the two many be given out to-
Oklahoma City.—In the case of the get her. Teachers who hold outstanding
city of Hobart wanting the Frisco to warrants will receive the benefit of the
build a depot, the commission Issued
an order some time ago for the rail-
road company to build the depot.
additional fund, and there will be
aavlng to the state In taking up the
warrants and saving Interest.
and the substitution of a law making «|lairid _ free, republican government
employers liable for the negligence of ^all be enforced and not defied, is
an employe resulting in an injury to obviously essential to the maintenance
an interstate employe. Furthermore, j ol "ie law' order and stability indis-
it frees the employe from "contribu- i Pensable to the status of the Republic
tory negligence" in many instances Cuba in the continued wellbeing of
and limits the effect of the doctrine in wbich the United States has always
others; and likewise, in many cases, evinced and cannot escape a vital in-
liberates the employer from assuming terest.
started as soon aB the act becomes ef-
fective.
What Carter Bill Provides.
The Carter measure provides si*
months for appraisal and that the sale
must be made within a year after the
completion of the appraisal.
Improvements shall be given a separ-
ate appraisal, the Owen bill provides,
and the secretary of interior Is empow-
ered to sell tracts adjoining towns as
subdivisions to be divided into lots.
The McAlester Country club is given
the right to purchase 160 acres for its
use and the state penitentiary is given
power to condemn all mineral rights
beneath the Burace now occupied by
the prison. The Owen bill has the ap-
proval of the department of interior as
Senator Owen and department officials
spent much time In framing it. As Sen-
ator LaFollette was also consulted Vt
is expected he will make no effort
whatever to oppose It In the senate.
Indians Lay Down.
It Is practically assured that al-
though the choctaw and Chickasaw of-
ficials have fought bitterly against the
sale of the surface and the mineral
rlghtB separately they will cease their
fight and make no attempt to oppose
the measure In the senate, or It is
practically agreed that the best way
to go about obtaining the desired end
1b to get legislation or the sale of Bur-
face and then seek legislation for the
sale of the mineral rights. The min-
eral rights fight Is certain to follow the
passage of the Owen bill.
After the senate has acted on th"
coal land bill with Its amendments !t
will go to the conference committee
where an effort will be made to secure
the approval of the house committee-
men. If all amendments are concurred
In, the house will go through the for-
mality of accepting them and the leg-
islation only will need the signature of
President Tatf to become effective.
Resignation Demanded
Buenos Ayres—Paraguayan revolu-
tionaries have captured President Lib-
erto Hojos and forced him to resign.
American Boat* Menaced
Washington -Thirty American fish-
ing vessels with cargoes of frozen her-
ring valued at $500,000 are Imprisoned
In Ice floes off the New Foundland
coast and are threatened with destruc-
tion.
Snow 35 Feet Deep.
North Sidney, N. S. Weather re-
portB have reached here of a blizzard
In New Foundland which Ib said to he
the worst that the colony has ever
known. In some districts the snow la
*ald U be thlHyflve feet deep.
the riBk when he (the employe) enters
employment knowing of the danger in
his employment.
The law was attacked seemingly
from every conceivable point of view.
Justice Vandever.ter, in announcing
"The president of the United States
therefore looks to the president and
government of Cuba to prevent the
threatened situation which would com-
pel the government of the United
States, much against Its desires, to
the opinion of the court, considered ■ consider what measures it must take
these objections and rejected each. in pursuance of the obligations of its
He first decided that congress had relations to Cuba."
the power to regulate the duties o* | The notification of the American
the common carriers in respect to the pjovernment was served upon Presi-
safety of their employes, while both dent Gomez through American Min-
are engaged in commerce among the
states and the liability of the former
for injuries sustained by the latter.
"Both have real or substitute rela-
tion to the interstate commerce and
therefore are within the range of this
power," said the justice.
Authorities were cited to show a
valid objection could be grounded in
the fact that several states had al-
ister Beaupre at Havana. Senor
Martln-Rlvero, Cuban minister to the
United States, was unapprised of the
action excopt through the press, and
declined to comment upon it. He at-
tended the diplomatic dinner at the
White House Tuesday night where he
met Secretary of State Knox as well
as President Taft, but before leaving
the legation he said he did not expect
leady determined the lability of in- tQ dlscu8f) the ^ eyen iUl0rmally
terstate commerce employers. Pursu wltJj either
ing this line, the justice said that "nov
that congress has acted, the laws of
the stateB insofar as they cover the English Editor Expires
same section, are superseded for nec- Florence, Italy—Henry Labouchere,
essarily that which is not supreme editor of the London Truth, died at his
Miami, Fla.—The completion of one
of the greatest engineering feats of
the present age was ceelbrated Mon-
day, when the first great "railroad
over the sea," the Key West Exten-
sion of the Florida East Coast Rail-
way, was formally opened. By using
the Florida Keys as stepping stones,,
this steel highway runs over 166 miles
of salt water, from a point a few miles
south of Miami to the island city of
Key West.
A special train bearing American
and foreign dignitaries was sent over
the remarkable construction as the
feature of the exercises formally com-
memorating the putting into service
of the extension. Many of the for-
eign embassies and legations sent rep-
resentatives to take part In the cele-
bration, at the invltatioa of President
Taft, among them Italy, Mexico, Port-
ugal, Cost* Rica, the Dominion Re-
public, Ecuador, Guatemala, Salvador
and Uruguay.
The United States armored cruis-
ers Washington and North Carolina
and the scout cruisers Salem and
Birmingham representing the United
States navy, and the Portuguese cruis-
er Armanda at Key West participated
in the oelebration.
The completion of the work on the
extension marks an epoch in railroad
engineering as Important as will be
the opening of the Panama canal in
the history of shipping. It is the
same thing reversed. In the one case,
ships are made to climb mountains;
In the other railway trains are made
to run over the sea.
In construction, this feat Is consid-
ered the greatest accomplishment of
its kind in the world. The entire line
to Key West extends a distance of 156
miles, nearly half of which is over
open water. Forty-two keys, or is-
lands, are crossed in this stretch.
Consummation of It marks the real-
ization of a dream of Heary M. Flag-
ler, Standard Oil magnate and one of
the foremost figures In the flnnaclal
life of the nation. He has had the
idea constantly in mind ever since
the Spanish-American war excitement,
when he conceived the proposition of
making traffic communication between
the United States and Cuba easier and
more practical. The project will
shorten the time from Florida main-
land to Cuba by almost twenty hours.
The actual work was begun in 1905.
The engineers estimates were that the
feat would cost fifteen million dollars.
It has cost much more than that, and
the officials of the road sfreral times
were obliged to negotiate loans of mil-
lions in order to ensure its comple-
tion.
Since work was begun in 1905, the
dirt has been flying ceaselessly. Im-
mense pile drivers have been sinking
foundations, huge dredges have been
sucking up sand from the bottom of
the sea to construct a roadbed, and an
army of between 3,000 and 4,000 mea
has been pushing its way steadily
southward from Miami out over the
waves and tiny islands toward Key
West.
<r
must yield to that which Is."
villa here.
Turk Town Bombarded
London.—According to a dispatch
received from Constantinople an Ital-
ian vessel bombarded Akaba, a forti-
fied village on the Red sea.
RATE INCREASE WILL
BE FOUGHT VIGOROUSLY
San Francisco Chamber of Commerce
Takes Decisive Stand—Secretary
Stimson Acts.
San Francisco.—Proposed increase
in rates on west bound traffic carried
by the Panama railroad and steamship
PRESIDENET TELLS CONGRESS
HOW TO PRACTICE ECONOMY
Special Message Presented on Sub-
jects of Economy and Efficiency
in Government Service.
Washington.—How the people of the
United States may have saved for
them millions of dollars annually in
line will be vigorously opposed by the | the operation of their governmental
commercial bodies of Important Pa- machinery was outlined by President
ciflc coast shipping centers, it was i Taft in a message to congress on
announced by officials of the San Fran 1 "economy and efficiency in the gov-
clsco chamber of commerce after the ernment service."
adoption of resolutions authorizing
Wm. W. Wheeler, manager of the traf-
fic bureau of the chamber of commerce
to go at once to Washington
It was announced t, December tMii
the Panama line, which Is owned and
operated by the government, would
increase Its rates on west bound traf-
"What the government does with
nearly $1,000,000,000 each year," said
the president, "is aB of as much con-
cern to the average citizen'aB is the
manner of obtaining thiB amount of
money for the public use."
Probably the most radical proposal
advanced by the president In the
flc, but Secretary of War Stimson, message was that all administrative
when appealed to, suspended the pro-
posed advance until February 4, In or-
der to give the protestants a hearing.
Simultaneously with the protest of
Pacific coast shipping points many
shippers on the Atlantic cotist pro-
tested to Secretary Stimson
Big Increase la Asked
Washington—The sub-committee on
forttfications of the house approprla
tlons committee of which Representa
tlve Shirley ot Kentucky is chairman,
has begun hearing which probably wilt
last four or five days, ast year's for-
tifications appropriation bill carried
$5,473,707. The war department has
asked an allowance of $7,218,899 this
year for the same purpose. The for-
tifications which are to be taken care
of by this sub-committee are exclu-
sive of the Panama canal defense.
officers of the government in the de
partments at Washington and In the
field be put under the civil service;
be removed from the Influence of
politics and that their terms of office
be not limited as at present to four
years."
"Each officer should not be ap-
pointed by the president with the ne-
cessity of senate confirmation, he said,
but upon merit. "The extension of the
merit system to these officers and a
needed readjustment of salaries," said
he, "will have Important effect in se-
curing greuter economy and efficiency.
The view that these various offices
are to be tilled as a result of political
consideration has for Its consequence
the necessity that the president and
members of congress devote to mat-
ters of patronage time which they
should devote to questions of policy
and administration."
New Aviation Record
New York.—All American aviation
records for the carrying of passengers
were broken at the Nassau boulevard
aviation field at Garden City, when
George W. Beattle, in a biplane, car-
ried three passengers In a ten-minute
flight about the grounds. Flying at a
height of BOO feet Beattie, with the
passengers, made four complete cir-
cles of the groundB, of about two
miles each, putting his machine
through many hair-raising stunts.
Shuster To Paris
Vienna.—W. Morgan Shuster, the
former treasurer-general of Persia,
and his family left Sunday for Paris.
Mr. Shuster is also accompanied by
Edward Bell, secretary of the Amer-
ican legation at Teheran, who will re-
turn to his post after a few days In
Paris.
For Panama President
Panama.—At a convention of the
patriotic union party, Pablo Arose-
mena, president of the republic, was
proclaimed the candidate of the party
for the next presidential term.
Steamer Disabled
Fay&l, Azores.—The German steam-
er NeunfelB, which left New York on
January 7 for Bombay, has put in here
for repairs, rendered necessary by
damage sustained during the recent
Btorm In the Atlantic.
Evidence May Conflict
Chicago.—United States District At-
torney James H. Wllkerson Sunday
predicted that the government's sido
of the caBe against the Indicted Chi-
cago packers would be concluded
within three weeks.
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The New Era. (Davenport, Okla.), Vol. 3, No. 52, Ed. 1 Thursday, January 25, 1912, newspaper, January 25, 1912; Davenport, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc109827/m1/4/?rotate=90: accessed March 28, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.