North Enid Weekly Tribune. (North Enid, Okla. Terr.), Vol. 1, No. 43, Ed. 1 Thursday, August 9, 1894 Page: 2 of 8
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The North Enid Tribune
|
I
Entered at the jxistoflic
second class matter.
in North Enid as
Published for People Now on Earth.
SUBSCRIPTION PRICE.
One Copv One ^ car
One C"|>\ Six Months.
One Copy Three Months.
invariably in advance.
WH1TAKER BROS., Manager* and Editors
CO.MiKIi,SS/(>X.I TIC HIT.
Far Delegate to Congress,
DENNIS FLYNN.
Republican C'uunty TScUct.
For Probate Judge,
I. (i. CONKLIJNG.
For County Attorney,
J. M. DODSON.
For Register of Deeds,
C. L. GREER.
For Sheriff.
W. E. THRALLS.
For Treasurer,
ED. GILROY.
For County Clerk,
P. M. RANDALL.
County Superintendent,
T. J. ZEDIKER.
For Coroner,
DR. CRABTREE.
Commissioner, 1st District,
HUSTON JAMES.
Commissioner 2d District,
T. J.MAXEY.
Commissioner, 3d District.
J. C. DILLON.
siiin 1.1> t/h.vk i-.ah.\i:stj.y
The people of South Enid and Round
Pond should think long- and earnestly
of what they are doing before invest-
ing any more of their good money in
either of those towns. There is no
chance on earth of those towns win-
ning in this controversy. Many of the
people in those towns have had the
idea drummed into their minds that
the railroad company has been fight-
ing them. This has been an error on
their part. The Kock Island has been
acting on the defensive—living up to | f< Ja tl jjlroc.t violation of tho Con-
and carrying out every provision of its xtltntlon of I'nitetl States,
charter; a charter (not right-of-way) j After using columns upon columns,
' double-leaded atid lurid, in denounc-
ing the Rock Island railroad for its
By the Station Bill Passed by
Congress Last Week.
South linlil-Hountl I'onrl In Worst*
l'llicht than Hol'oro tlic
1SIII Pnsseif.
with almost everything in the calen- J J J/ [^V\\ IS PLAIX.
dar in this difficulty, yet through the
whole of it they have done no more
than the private■. individualI who is
standing by and living up to a con i
FOR REPRESENTATIVE.
We are requested to announce tin* name of
M. C. Garber as a candidate for Repr'Hesita-
tive subject to the will of the republicans.
The reports from China and Japan
are to the effect that the Chinese are
not in it.
Mr. Debs appeal to the public to
not ride on Pullman cars will not
have much effect with our people.
The fact is, mighty few of us have
ever rode in one of these cars.—Ex.
granted by the government and pro-
tected by the constitution of the Uni-
ted States which says that "no act of
congress shall be passed which im-
pairs the obligations of a contract."
The Rock Island's charter is a con-
tract insomuch that it was granted by
congress on certain conditions.
Last January the Tribune told its
readers that if the bill passed both
houses that the constitutionality of it
would be tested in the United States
supreme court. The Tkibunk did not
mislead its readers in the least, for we
have it from one high up in the legal
department of the Rock Island that it
will be carried to the highest court,
t In that event it may not come up for
I a hearing for four or five years and
may be even longer. The Rock Island
| will be the aggressor from now on
and it will carry it to a finish.
; This is not just talk and oluff from
J an opponent but is solid chunks of
! truth and fact. Go quietly to the oest
attorneys you have in South Enid;
| ask them for an honest, unbiased
I opinion of the matter and for their
interpretation of the bill.
The bill says "all railroads given
right of way by congress over public
lands of the United States." Con-
gress never gave the Rock Island its
right of way, for the company bought
it of the Cherokee Nation and paid
for it, and that right of way never was
public land.
The Tribune would therefore im-
press upon the minds of the people to
think well before investing their mon-
ey in a town that can never hope to
be a success.
It was said at a meeting in England
that peace was only maintained be-
tween that country and the United
States because we feared her. If
England feels that way after all her
experiences with us, her stupidity is
pitiable rather than provoking.—Ex.
It's amusing to hear the editor of
the Kingfisher Free Press talk about
railroads owning states, territories
and legislatures. We remember when
he was one of the railroad companies
chief lieutenants tip in Osage City,
and a particularly trusted servant of
the Santa Fe. Is Admire getting in
trim for an office by catering to the
false prejudice of the people against a
railroad? It looks that way. It he is,
he is in mighty mean business, after
having been so royally treated by the
railroad companies.
Strip town troubles, the able and bril-
liant Guthrie Capital of the24th, turns
its withering indignation upon poor
Hoke Smith in this fashion:
The perfidy of the interior depart-
ment and its pals are wholly respon-
sible for the hell over on the Rock Is-
land. In going into a boodle scheme
which allowed the so-called Indians to
take their allotments in violation of
law and select the choice townsites.
The law says who "desire to occupy
the particular land so improved as a
homestead and for farming purposes."
Hoke Smith may have thought a
depot and tfownsite could be farmed,
especially since, before patents issued,
said "farms" were platted and town
lot sales advertised. According to law
everv Indian, by failure to use his al-
lotment for '•/arming purposes," has
violated his title and right.
Now thej, if "the perfidy of the in-
terior department and its pals is
wholly responsible for the hell over on
the Rock Island"—why have you
been, heretofore, throwing the respon-
sibility wholly upon the Rock Island?
The Free Press is at present merely
an amused spectator of the Capital's
fight on the Rock Island,and its trans-
parent efforts to show how entirely
innocent the Santa Fe is in all this
who is
con- I he
tract. The charter of the Rock Is-
land is a contract made in good faith,
ratified and approved by congress and
the company lias faithfully complied
with every provision of that charter or
contract. Is it, then, to be censured
for living up to its contract? On the
other hand, should it not be accorded
the same privileges and the same pro-
tection as the private individual who as to the course that that may be
holds a contract and is living up to its pursued by any one as regards the
provisions? That contract is good for application of the station bill recently
ninety-nine years and will hold good p;lSsed.by congress, as alleged to bols-
just that long. Congress cannot re- tcr Up the Hoke Smith government
voke the charter so long as its pro-
visions are complied with, and the
Unconstitutional.
Tho Ant horltCH G'Ji'O tho Moat 1'
Itlvo livUlonoo liolntlnfi i <
This Question.
The Rock Island is quite unconcern-
constitution of the United States says
in plain English that no act of Con-
gress shall be passed that "impairs the
obligation of a contract." The station
bill, then, recently passed by Con-
gress is certainly unconstitutional as
applied to any railroad that had a
charter before that bill was passed.
Why? For the reasons that it adds
to and makes provisions to a contract
that has already been approved by
Congress.
But the conditions of the bill do not
apply to the Rock Island for several
very potent reasons. It says all rail-
roads running over public lands of
the United States that were given
right of way by Congress.
Why does it not apply t > the Rock
Island?
One reason is that the Rock Island
never did and does not now run over
public lands of the United States.
business. While the painful gyrations The right of way of the Rock Island
Tho Quthrlo "Capital."
That paper has boodled the counties
of Oklahoma until it lias become rich.
It has robbed every paper of legiti-
mate county work at outlandish
prices, made the commissioners pay in
ten-cent scrip at a rate of a deprecia-
tion of this fearful depreciation, and
then held up the counties for one hun-
dred cents on the dollar. It has been
a vampire at the vitals of the tax-
payers. It lias taken advantage of
the unfortunate condition of the peo-
ple and the territory.
It has pulled their leg for the last
dollar in sight.
Wien there is opposition it resorts
Don't Get Discouraged.
This is no time for people to get dis-
couraged, Matters are plenty bad
enough as they now are. We should
look upon the bright side of all things
at all times and be ever mindful of the
fact that "the darkest hour is just be-
fore day." True, there seems to be
discouraging elements confronting us
on all sides but these are not going to
last always, and peace, contentment
and plenty will be in store for all
when they have passed. The drouth
stricken district is not alone confined
to Oklahoma and the west. The far
east and north are meeting with ad-
versities in growing crops, and from
other sources, and in many instances
their condition is far worse than ours.
Forest fires are raging in Wisconsin
and corn is perishing in Iowa for want
of rain. The extreme low price of
wheat makes the outlook all the more
discouraging for this part of the coun-
try, inasmuch as wheat is practically
our only reasonably sure cereal for a
crop. But there is no use to begin
roaming about looking for something
better. You are just as well off here
as elsewhere, and if you were to start
out looking for something to do it
would puzzle you to make up your
mind whether to go north, south, east
or west. Let us make the best of our
surroundings and wait for something
better to turn up.—Manchester Jour-
nal.
of that excellent journal are interest
ing, intelligent persons do not forget
that these two railroads entered into
an early partnership on the strip town
matter, and the only difference in
their present relations thereto is that
the Santa Fe foresaw the trouble, and
not only ran from it, but now seeks to
make capital out of its own cowardice,
against its business competitor.
We really and heartily commend the
Santa Fe for its masterful desertion
of an indefensible position, but it
ought not to make war on its late part-
ner for its refusal to simultaneously
hoist the white Hag. It ought rather
to concede to its late partner in the
Strip town business, the right, now
that it is deserted and alone, to decide
for itself just when it will be best for
it to follow the example of its default-
was purchased from the Cherokee
Nation at SSO per mile. It was the
private lands of the Cnerokee Nation
and for which that people have held a
title ever since 1838.
The railway company, therefore,
purchased private lands from the
Cherokee Nation and paid for every
foot of it. The right of way of the
Rock Island never has been over
public lands of the United States, and
the Cherokee Outlet never became
public land until five years after the
railway company had purchased its
right of way.
The man who has a claim that is
intersected by the Rock Island will
never pay for 160 acres of land when
ing partner.
The issue between the people and j prove up, but he will pay
the railroads is well defined and well ' .'
understood, and the Santa Fe com- ! for all except the right of way of the
pany will not be able to divert public j railroad. This is an acknowledge-
attention from its own delinquencies, j ment on the part of congress that the
by raising the shout of, right of way of the railroad is not pub-
aga^nst the Rock Island. lie land for the reason that the rail-
The cold facts are these; and they j way company bought the rig-lit of way
are not very cold, either, for it has original owners.
bTLlSantaaFeaandrthe Rock Island Another clincher in support of this
managers agreed upon a common pro- j line of argument is: the government
gramme with reference to their Strip never paid the Cherokee Nation one
stations; they started in to carry that 1
programme out; its prosecution did
not promise so valuable returns to the
Santa Fe as it did to its partner,
therefore, the Santa Fe gave up its
part of the fight, and now seeks to
cast odium on the Rock Island (its late
partner) for having consented to the
scheme in the start. It seek to preju-
dice the business and traveling public,
not only against the Rock Island road,
but as it logical result, against the ter-
ritory through which it runs.
This is carrying the argument a
step too far; as soon as the Kock Is-
land adjusts its differences with the
people on its line, which we sincerely
hope will not be long delayed, it will
at once resume its place iti their con-
fidence and esteem.—Kingfisher Free
Press.
The Guthrie Capital and the King-
fisher Free Press do not cede to the In-
towns to compel the Rock Island to
give those lawless towns depots, three
miles from already located stations.
The Rock Island obtained a charter
from the Cherokees and the govern-
ment five years ago to operate and
maintain a railway across the terri-
tory of Oklahoma. The company paid
the Cherokees so much per mile atid
the government stipulated in the char-
ter that stations should be maintained
not nearer than ten miles apart. This
has all been and is now complied
with.
A charter is a contract. In defining
a charter Webster says:
"It is a written instrument given as
evidence of a grant or contract (char-
ter), conferring special rights and
privileges by a sovereign power (the
government), for privilege, immunity
and exemption."
In other words, it gives the com-
pany the right to operate its trains
according to the stipulations in the
charter and guarantees it immunity
from unjust laws and destruction of
its property by dynamite.
Is anything plainer than that?
Section 10, Clause 1, of the Federal
Constitution says:
"No state (territory) shall enter into
any treaty, alliance or confederation;
grant letters of marque and reprisal;
coin money; emit bills of credit; make
anything but gold and silver coin a
tender in payment of debts; pass any
bill or attainer, ex-post-facto law, or
law impairing the obligation of con-
tracts (charters) or grant any title of
nobility."
Is anything plainer than that? The
road built its lines through here five
years ago, built stations and is operat-
ing its trains as demanded by clauses
set forth in the charter. That was an
act committed. The issueing of the
charter to the Rock Island jointly by
the Cherokees and the government
was an act committed. Any law
passed after that act committed to
amend the act would be, says the fed-
eral constitution, an ex-post-f acto law,
and therefore unconstitutional. For
instance, the bill passed by congress
cent for the land taken up by the j last week amending the' railroad.s
charter and seeking to make it main-
tain stations at less than ten miles
apart is ex-post-facto, contrary to the
right of way of the Rock Island for
the very simple reason that the Nation
having sold it once could not sell it
again. The government could not
nor did not declare the right of way of
the Rock Island public land because
the government did not buy that
land.
The position of the Rock Island in
this matter is impregnable, and tne
passage of the station bill leaves
South Enid and Round Pond ill a
worse position than before its passage
federal constitution, and therefore
void. The constitution plainly says
that congress shall not pass any bill
that impairs or abrogates a charter or
a contract. If it does it is an ex-post-
facto law and cannot be enforced.
| Is anything plainer than that?
Piatt, the leading constitutional law-
yer of the senate, said that if the
senate went ahead and passed the bill
hands of the territorial legislature
until such time as the United States
court pass upon its constitutionality,
which may be in five years, but is I
dians the same right that is given to j hardly probable.
sous from the white man and were
If a man were to give another an
orange, he would say, "I give you this
orange," but when the transaction is
entrusted to the hands of a lawyer to j shrewd enough to take their allot-
put in writing, he adopts this form: j ««e"ts adjoining the .slat,ons, should
to abuse and slander and villilication. "I hereby give, grant and convey to ! tltev be blamed or be the sul eters.
It is an octopus upon the territory. y0tl and singular my estate and in- : ^ 'las been eh,n ;< <1 that tlu hock Is
In the Rock Island station light it terest, right, title, claim and advan- i land was mterested 1,1 tllose
:..j! I . • . I mpnts. vet the charge has never been
the white man in real estate deals.
There were no restrictions as to where Homestead Items,
the allotees should take their land, and A fine rain fell here last Thursday
because they have learned their les- which encouraged everybody.
u it has now been taken out of the u wouW declared unconstitutional,
and the evidence of his statement is
apparent to the most ordinary school
boy.
Parson, whose works and writings
on "Contracts" are recognized wlier-
has commenced an indiscriminate
abuse of the company and the officials.
There is nothing too mean in its vo-
cabulary to say; no lit too devilish
that it will not publish.
It is doing this for a purpose. It
tage therein, with full power to bite, iments, >'ct
' proven. It is also charged that Geor-
cut, or otherwise eat the same, or give
the same away, as finally and effect-
ually as I, A B, am now entitled to
bite, cut, suck, or otherwise eat the
.line orange, or give the same away
gia friends of .lie Interior Depart-
ment tried to get a hold on these allot-
Mr. Alfred Cook and Miss Rose
Losev were married by Judge Martin
at Watonga recently.
Mr. Chadwick has returned from his
Texas trip.
Mrs. Walker and Mrs. Clodfelter
started to Kansas the first of the
week.
Mrs. Mouriquand and son Mark are
ments through Swineford, and be- visiting relatives at Tulsa, I. T.
cause of failure to do so the re-loca- j0im Dilllon, of Watonga, was in
hopes that the Rock Island will "see'' with or without its rind, skin, juice, jtion of the government townsite was tilts vicinity last week.
it. It means that it wants boodle pulp and pits, anything hereinbefore made, and tin.t< au ,i whoh lot of George Phelps was very seriously
and lots of it. By abusing the com- or hereinafter, or in any other deed or people who think the saint thing. not fatally burned a few days ag
pany and resorting
fernal lies it thinks to scare the coin- whatsoever matter, of kind to the con
pany into paying it a large sum of trary notwithstanding."—Ex.
money to remain quiet, if you please.
This is the history of the Guthrie
Capital, and if Denny Flynn is de-
feated by the populists this fall he
can credit his defeat to the wretched
course of his organ, the Capital. The
people of Oklahoma are peculiarly in-
dependent. There is no political col-
lar welded around their neck, and
they will not tolerate the banditti of
t he Guthrie Capital.
to all kinds of in- deeds, instrument or instruments of But even foi the sake "f argument
that Rock Island officials did interest
themselves in the allotments adjoin-
ing the stations (but which we say is
The large store building that was tllli,-HC) js that any worse than for an
removed from South to North Enid 0(flcjai 0f the Interior Department to
the other day is being re-erected on !
the corner of Kansas avenue and
Main street. We have got South Enid
at arms' length and are holding the
hole that way until law breakers and
train-wreckers give in.
if
ago.
He was drying some gnnpownder and
in some way it became ignited, and in
a few moments he was enveloped in
the flames. He is now in a critical
condition.
There will be a Sunday school pic-
nic held at Browning's grove on
Thursday' Aug. 9th. A cordial invi-
tation is extended to all.
hold an interest in a claim adjoining
the government townsite of South
Enid, and which claim is to be platted
and thrown upon the market as an
addition to that town? It makes a
A*hole lot, of difference whose ox is j not with their ticket, for some of them
The war between China and Japan j being gored. say they will not vote for any man
is on. So far the Japs are on top. ' The Rock Island has been charged J who does not live in South Enid.
ever common law is practiced, says:
"The law construes and interprets
all contracts (charters) wisely and car-
ries tlieni out into their full power and
proper effect and execution."
In other words the sovereign power
(the government) has made an agree-
ment with the Kock Island, and the
government issued the road a charter
to fulfill that agreement. It has done
so. It does so every day to the minut-
est clause in the charter and the
authority, the law, (the sovereign
power) gives the railroad the "full
power" to carry out the provisions of
its charter, and the constitution of the
United States very positively backs
up the railroad company's charter.
These are plain facts, and to follow
up this outline will be the strict and
uneqtiivic.il policy of the Kock Island
railway.
The republicans of South Enid are
The delegates from this city to the
populist convention in South Enid last
Saturday were sat down on hard be-
cause they were from North Enid.
I The assertion of the Tribune that
every candidate who does not live in
South Enid would be slaughterd will
prove true. The populist delegates
from this town are not in a very good
humor over their treatment.
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Whitaker Brothers. North Enid Weekly Tribune. (North Enid, Okla. Terr.), Vol. 1, No. 43, Ed. 1 Thursday, August 9, 1894, newspaper, August 9, 1894; North Enid, Oklahoma Territory. (https://gateway.okhistory.org/ark:/67531/metadc110132/m1/2/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.