The New Era. (Davenport, Okla.), Vol. 4, No. 7, Ed. 1 Thursday, March 14, 1912 Page: 3 of 6
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SUPREME COURT RENDERS MOST
LE or THE PLAINS
~AuTHwOr My Lady Or The South* IJ
Whem WiLDEPMtis Was Kino." trcfrc
Illusthatipn& By Dcaimrk
(Copyright. A. C MoClurg * Co.. 1SHU
Jack Keith, a Virginian, now a bor-
fler plainsman, la looking for roaming war
FfJ °* savages. He Bees a wagon team
at full gallop pursued by men on ponies.
eP reaches the wagon the rald-
*ra * *v®. massacred two men and de-
parted. He searches the victims finding
P^1??rs .a.r ,a 'ookat with a woman's por-
£ J^^lth Is arrested at Carson City,
charged with the murder, his accuser be-
ing a ruffian named Black Bart. A negro
companion In his cell named Neb tells him
that he knew the Keiths In Virginia. Neb
•ays one of the murdered men was John
Sibley, the other Gen Willis Walte. form-
T Confederate officer. The plainsman
and Neb escape, and later the fugitives
come upon a cabin and find Its occupant
to be a young girl, whom Keith thinks
fVf ®aw at, Carson City. The girl explains
v, ji *n se&rch of a brother, who
had deserted from the army, and that a
w. ^ Induced her to come to the
cabin while he sought her brother. Haw-
ley appears, anil Keith in hiding recog-
Uii v 1?? n,a Rlack Bart. There is a ter-
, tJle darkened room in which
_ e'"! 11 victor. Horses ire appropriated,
the girl who says that her name Is
ln the escape. Keith explains
v--.TU m? and the fugitives make for
£°rt Larned, where the girl Is left with
th hotel'landlady. Miss Hope tells that
xr-fi.t!8 the daughter of General Walte.
i!w a Neb drift into Sheridan, where
Kalth meets an old friend. Dr. Fairbaln.
™ith brother of Hope Walte.
I .IT. tho ass«med name of Fred Wll-
lougnby^ and becomes convinced that
* lack Bart has some plot Involving the
two. Hope learns that C.en. Walte, who
thought murdered. Is at Sheridan,
. *^es. there, where she Is mistaken for
Maclalre, the Carson City singer
Keith meets the real Christie lHaclalre
and finds that Black Bart has convinced
that there Is a mystery In her life
Which he Is going to turn to her advan-
tage. The plainsman tells Hope Walte of
ner resemblance to Christie Maclalre.
that Fred Wllloughby may
win the key to the situation. Iielth finds
Wllloughby shot dead. Hope Is told of
tne death of her brother. Keith fails to
learn what repreesntatlons Black Bart
has made to Christie Maclalre. Hope
suggests that In order to iearn the secret
■ he must briefly Impersonate the stage
?-h5eIi P.r Fairbaln is in love with
Christie Maclalre and Keith Induces him
to detain her from the stage while Hope
C,, ''s, to the theater where she meets
Slapk .Part' who, thus deceived, tells
i-lope that General Walte haB suspected
his p ans and that they must fly. Hope,
greatly alarmed, demurs. General Walte
appears and says Black Bart has stolen
tance8 om hlm regarding an lnheri-
"I have told you my name—Jack
Keith," he replied, quietly. "Doctot;
Fairbaln knows something of me, but
for your further Information I will add
that when we met before 1 was Cap-
tain Keith, Third Virginia Cavalry,
and bearing dispatches from Long-
street to Stonewall Jackson."
The grufT old soldier, half-crazed by
the news of his daughter's peril, the
gleam of his eyes still revealing un-
controlled temper, stared at the young-
er face fronting him; then slowly he
held out his hand.
"Keith—Keith," he repeated, as
though bringing back the name wltti
an efTort "By God, that's so—old Jef-
ferson Keith's boy—killed at An-
tietam. And you know Hope?"
He looked about as though dazed,
and the sheriff broke ln not unkindly.
"Well, Waite, If we are going to
search for your daughter we better
be at it Come on, all of you; Miss
Maclalre will be safe enough here
He took hold of Keith's arm, ques-
tioning him briefly as they passed
down the hall. On the stafrs the lat-
ter took his turn, still confused by
what he had just heard.
"Who Is Miss Maclalre?" he asked.
"Of course, but who 1b Phyllis Gale?
What has she to do with General
Waite? His daughter has told me she
never heard of any one by that name."
Well, Keith, the old man has never
told me very much; he's pretty close-
mouthed, except for swearing, but I've
read his papers, and picked up a point
or two. 1 reckon the daughter, Miss
Hope, maybe never heard a word
about It, but the boy—the one that
was shot—must have stumbled onto
the story and repeated It to Hawley.
That's what set that fellow going it
seems Mrs. Walte's maiden name was
Pierpont, and when she was seven-
teen years old she was married to tne
son of a rich North Carolina planter.
The fellow was a drunken, dlgBolute,
good-for-nothing They had a daugh-
ter born—this Phyllis—and when the
child was three years old her father.
In a fit of drunken rage, ran away, and
to spite his wife took the little girl
with him. All efforts to trace them
failed, and the mother finally secured
a divorce and, two years later, mar
ried Willis Walte. Waite, of course,
knew these facts, but probably they
were never told the children. When
the father of Mrs. Walte's flrBt hus-
band died, he left all his large proper-
ty to his grandchild, providing she
could be fov.nd and Identified within a
certain time, falling which the proper-
ty was to be distributed among cer-
tain designated charities. Waite was
named sole administrator. Well, the
old man took as much Interest ln It as
though It was his own girl, but made
mighty little progress. He did dis-
cover that the father had taken the
child to St. Louis and left here there
with a woman named Raymond, but
after the woman died the girl com-
"Then Miss Maclalre la Hope
"That's the way It looks now."
This Is On* of Hawley's Men!"
been standing, tne trampled sod evi-
dencing they must have been there for
some considerable time. Keith and
the sheriff circled out until they final-
ly struck the trail of the party, which
led forth southwest across the prairie.
"Seven horses, one being led light,"
said the former. "That was Scott's,
"That's the whole story," replied
the sheriff, staring off toward the
bare horizon, "and the cusses have at
least six hours the start with fresh
horses." He turned around. "Well,
boys, that takes 'em out of my baili-
wick. I reckon. Some of the rest of
you will have to run that gang down.
PATENTEES GIVEN A MONOPOLY
CONTROL PATENT AND ARTICLES
USED IN OPERATION
Highest Tribunal of Land Hands Down
a Ruling Revolutionary In Its
Character and of Far-Reach-
"Sure; it's clear enough how that
came about. The boy told him about
the lost heiress his father was search-
ing after, and showed him his sister's
picture. 'Black Bart' Instantly recog-
nized her resemblance to Christie
Maclalre, and thought he saw a good
chance for some easy money. He
needed the papers, however, to ascer-
tain exactly the terms of the will,
and what would be necessary for the
Identification. He never Intended to
go Into court, but hoped to either get
Walte out of the way, or else convince
him that Christie was the girl, relying
on her gratitude for his proflts. When
Walte played into his hands by com-
ing to Carson City the chance was too
good to be lost. I'm not sure he meant
to kill him, but he did mean to have
those papers at any cost Probably
you know the rest—the girl was easy,
because she was so Ignorant of her
parentage, and nothing prevented
Hawley from winning except that
Walte got mad and decided to fight
That knocked over the whole thing."
They were outside now, and the
first touch of the'cool night air, the
first glance up and down the noisy
street, brought Keith to himself, his
mind ready to grapple with the prob-
lem of Hope's disappearance. It
seemed to him he had already looked
everywhere, yet there was nothing to
do except to continue the search, only
more systematically. The sherlf. as-
sumed control—clear headed, and ac-
customed to that sort of thing—call-
ing ln Hlckock and his deputies to
assist, and fairly combing the town
from one end to the other. Not a rat
could have slipped unobserved
through the net he dragged down that
long street, or its intersecting alleys
—but It was without result; nowhere
was there found a trace of either the
gambler or his companion.
They dug Into saloons, bagnios,
dance-halls. searching back rooms
and questioning inmates; they routed
out every occupant of the hotel. In-
vaded boarding houses, and explored
shacks and tents. Indifferent to the
protests of those disturbed—but with-
out result. They found several who
knew Hawley, others who had seen the
two together passing by the lighted
windows of the Trocadero, but beyond
that—nothing. Convinced, at last, that
the parties sought were not alive in
Sheridan, and beginning to fear the
worst, the searchers separated, and
began spreading forth over the black
surrounding prairie, and by the light
of lanterns Beeklng any semblance of
trail. There was no lack of volun-
teers for this work, but It was oay-
Ught before the slightest clue pre-
sented Itself. Keith, with the sheriff
and two or three others, had groped
their way outward until, with the first
flush of dawn, they found themselves
at the opening of a small rocky ra-
vine, near the foot of "Boots Hill."
Peering down Into Itn still shadowed
depths, they discerned what appeared
like a body lying there motionless.
Keith sprang down beside It, and turn
Scott. He staggered back at the rec-
ognition, barely able to ejaculate.
"Here, Sheriff! This la one of Haw-
The sheriff was bending instantly
above the corpse, searching for the
"You know the fellow?"
"Yes, his name was Scott."
"Well, he's been dead some hours,
at least six 1 should say; shot Just
above the eye, and good Heavens'
look here, Keith, at the size of this
bullet wound; that's no man's gun ln
this country—no more than a '32' I'd
"Miss Walte had a small revolver.
She must have shot the fellow. But
why did they leave the body here to
The sheriff arose to his feet, prowl-
ing about ln the brightening glow of
"They were ln a hurry to get away,
and knew he wouldn't be found before
morning. A six hours' start means a
good deal. They did drag him back
out of sight—look here. This was
where the struggle took place, and
here Is where the man fell," tracing
It out upon the ground. "The girl
put up a stiff fight, too—see where
they dragged her up the path. From
the footprints there must have been
half a dozen ln the party. Qet back
out of the way, Sims, while I follow
It was plain enough, now they had
daylight to assist them, and led around
the edge of the hill. A hundred feet
away they came to where horses had
Fairbaln and Christie.
Dr. Fairbaln had originally joined
the searching party, fully as eager as
Keith himself to run down the rene-
gade Hawley, but after an hour of re-
sultless effort, his entire thought shift-
ed to the woman they had left alone
at the hotel. He could not, as yet,
fully grasp the situation, but be re-
mained loyal to the one overpowe.-lng
truth that he loved Christie Maclalre.
Fairbaln's nature was rough, orig-
inal, yet loyal to the core. He had
lived all his life long ln army camps,
and upon the frontier, and his code
of honor was extremely simple. It
never once occurred to him that Chris-
tie's profession was not of the high-
est, or that her life and associations
In any way unfitted her for the future.
To his mind she was the one and only
woman. His last memory of her, as
the little party of men filed out of
that room, haunted him until he fin-
ally dropped out of the search and
drifted back toward the hotel.
It was a late hour, yet It was hard-
ly likely the woman had retired. Her
excitement, her Interest ln the pursuit,
would surely prevent that; moreover,
he was certain he saw a light still
burning ln her room, as he looked up
from the black street below. Never-
theless he hesitated, uncertain of hla
reception. Bluff, emphatic, never
afraid to face a man ln his life, his
heart now beat fiercely as he endeav-
ored to muster the necessary cour-
age. Far down the dark Btreet soma
roysterer fired a shot, and sudden fear
lest he might be sought after profes-
sionally sent the doctor hurriedly
within, and up the stairs. He stood,
just outside her door, quaking like a
child, the perspiration beading his
forehead, but a light streamed
through the transom, and he could
plainly hear movements within. At
last, ln a sudden spasm of courage,
he knocked softly. Even In that noisy
spot she heard Instantly, opening the
door without hesitation, and standing
fully dressed within. She was no
longer a discouraged, sobbing girl,
but an aroused, Intent woman, Into
whose pathetic, lonely life there had
come a new hope. She appeared
younger, fairer, with the light shim-
mering ln her hair and her eyes smil-
"Oh, Doctor," and her hands were
thruBt out towards him, "I am glad
you have come. Somehow, I thought
you would, and I have wanted so to
talk to some one—to you."
"To me! Do you really mean that.
"Yes, I really mean that, you great
bear of a man," and the girl laughed
lightly, dragging him Into the room
and closing the door. "Why, who else
could I expect to come to-night? You
were the only one really good to me.
You—you acted as If you believed la
me all the time—"
(TO BE CONTINUED.)
Washington—The supreme court,
Monday, held that the owner of a pat-
ent has an unrestricted monopoly
upon all articles used ln its operation,
may fix Its prices and prescribe Its
use and thereby laid down a broad
principle of doubtful application to
many of the government's Important
anti-trust suits now pending, which in-
volve questions of patent rights.
The court stood four to three. Chief
Justice White, with whom dissented
Justice Lamar and Hughes, ln a
spirited opinion voiced his dread of
the results of the court's work, asking
who could foretell the extent of mo-
nopoly and wrongful restrictions
which would arise. As construed by
the majority of the court the chief
justice declared the patent law could
.-each out to Include within a patent
every conceivable thing used ln every
The chief justice said congress
should act to head off "untold evils"
which would follow the court's con-
struction of the law and arraigned
the majority as having broken all pre-
cedents. The court in its history, he
said, had never foiled to do Its duty
to the whole people and to stand as
the protector of every household.
Justice Lurton, who delivered the
majority opinion, was Joined by Jus-
tices McKenna, Holmes and Van De-
The case actually before the court
concerned the right of the patentee of
a rotary mimeograph to bind the pur-
chaser of each machine to use on it
only Ink which he manufactured. The
question arose as to whether the li-
cense restrictiUn was governed by con-
tract law over which the state courts
have jurisdiction or whether It was
controlled by the patent laws and thus
within the Jurisdiction of the federal
courts. The New York federal court
asked for instructions.
Chief Justice White first contended
that the "license restriction" was a
collateral contract and criticised the
court for "unwarrantedly extending"
the federal judicial power over them.
"The ruling now made," said he, "ln
effect is that the patentee has the
power by contract to extend his patent
rights so as to bring within the claims
of his patent things which are not
embraced therein, thus vitally exag-
gerating the patent law to cover sub- |
jects to which, without the exercise of
the right of the contract, they could
not reach; the result being not only
to multiply monopolies at the will of
the interested party but also to de-
stroy the jurisdiction of state courts
over subjects which from the begin-
ning have been within their author-
The chief justice gave Illustrations
of what the effect of the decision
might be. He declared the court had
said to the patentee selling a patented
engine that he had the right by con-
tract to bring under the patent laws
al contracts for coal or electrical en-
ergy UBed to afford power to work the
machine. To the buyer of a patented
sewing machine, he declared, it said
that the patentee might require all the
thread, needles or oil used to be
bought from the patentee. The pat-
entee of a cooking utensil might re-
quire that all the food cooked In it
be purchased from him.
Yours for uni-
Yours for great-
Yours for never
Yours for purity.
Yours for economy.
Yours for every-
thing that goes to
make up a strictly
high grade, ever-
That isCalumet. Try
it once and note the im-
provement in your bak-
ing. See how much more
economical over the high-
priced trust brands, how
much better than the cheap
and big-can kinds.
Calumet is highest in quality
—moderate in cost.
Received Highest Award-
World's Pure Food
HER MONEY BOUGHT IT.
Hlxon—To what does Landlt owe hla
eat in the senate?
Dixon—To his wife, I dare say. Sh«
had the money, you know.
Best Student In Farming
State College. Pa— R. H. Radcllffe,
son of R. S. Radcllffe of Rldgeway,
has won the Rose Valley farm scholar-
ship, amounting to $300 a year for four
years. It Is the gift of Thomas W.
Harlow and Kdward Hutchinson of
Philadelphia, and Ib awarded to that
student of the freshman class who ex-
cels ln studies in the School of Agrl-
A Mild Suggestion.
"Why," asked the benevolent trust
magnate, as he wiped away a furtive
tear of regret, "oh, why is the world
so down on us?'
"Perhaps," suggested his friend, "it
is because you persist in holding It
"Don't tell me that girl Is used to
the best society."
"What makes you think she Isn't?"
"Why, if you nqtice, she Is polite
to everybody she meets."
"Why is It that they can't find
'white hope,' ma?"
"Because they first have to find
man who is white."
He Lagged Superfluous.
Plttsfleld. In the Berkshire hills, had
in the old days, like many another
New England town, a number of men
nnd women who were called "charac
ters." One of these was "BUI" Brown,
a man unfortunately addicted to drink,
and frequently intoxicated for dayB at
a time On one occasion he went Into
the shop of the local hatter. Mr
Smith, and asked for the best beaver
In the store. Mr Smith produced ihe
desired article, saying as he took the
money "That beaver will last a man
a lifetime. Bill went proudly down
the tnaln street with his fine beaver
on his head and Immediately cele-
brated the event with a protracted de-
bauch. When he recovered be return-
ed to the shop with a most disreput-
able hat. 'Look here, I thought you
said this here beaver would last ma
a lifetime 'So It would." growled
Mr Smith, "If you nad died when you
ought to!"—Youth's companion
bears fulfillment If she finishes up
as she began there 1b no telling what
the gods may have In store for her
When the news got about that there
was a brand new baby in the Tamlly
a friend made Inquiries and learned
that the newcomer was a little boy
named Robert "Robert?" Inquired
the friend "I can't think of anyone
In the family after whom the baby Is
named. I never heard of a Robert on
either side of the house" "No,"
spoke up Beatrice "I had a little dog
that died and I asked papa to name
my brother after my doggie And he
Is ■ Lucky Kid.
The Choice of Vocation.
This year the Harvard summer
school will have for the first time a
vocational course, which It Is Intended
hall give teachers an Idea of the way
In which to guide their pupils In ths
choice of a vocation The courses of
the summer are open to both men and
women, and no doubt both will take
advantage of the course, as the re
ed the rigid form over until the dead Beatrice Slneleterrv un.. _ I
'And Hawley merely happened to f ce was revealed ln the wan light— ..... t. „ i..„i,., .* * I "Ponslbillty of the leather In this dl
•tumble on to the right party?"
C,ev*land 1 recllon ls com,ng to be recognized
| It wa. that of the red mou.Uchad Leader Evary on. of her wlahea j more and mor*
Falla Dead at Wife's Feet
Trenton, N. J.- Karl Welssert, pro-
prietor of shoe stores here and in
Princeton, dropped dead at his wife's
feet. When he awoke he complained
of feeling 111. Mrs. Welssert gave him
a home remedy and later he deter-
mined to go to Princeton. While leav-
lng his bed he fell over dead.
Sisters in Double Wedding
Montgomery, Mo—Two sisterB par-
ticipated In a double wedding at the
home of County Clerk Geo. Hackman
of Warrenton, when Misses Maggie
and Liza Walbrlnk were married to
Richard Dlrbs of Greenville, 111., and
Herman Godt of Wright City.
Lowry to Build New Boat
Evansville. ind.—(apt. John L.
I.owry of Paducah, Ky„ will build a
130,000 steamboat here to take the
place of the John L. Lowry, which was
recently burned. The new boat will
be placed in the Evansville and Pa-
Mule Sale Brings In $17,971,
Mexico, Mo,—The fourth annual
mule Bale of Col. J. T. Johnson here
brought In $17,971. Yearling mules
averaged $150 a head and old ones
aold as high as $630 a pair.
A single dish of
"The Memory Lingers"
Sold by Grocers.
Portum Cereal Co., Ltd.
D«uU Creek, Mu K.
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The New Era. (Davenport, Okla.), Vol. 4, No. 7, Ed. 1 Thursday, March 14, 1912, newspaper, March 14, 1912; Davenport, Oklahoma. (gateway.okhistory.org/ark:/67531/metadc109834/m1/3/: accessed December 14, 2017), The Gateway to Oklahoma History, gateway.okhistory.org; crediting Oklahoma Historical Society.