The Lexington Leader (Lexington, Okla.), Vol. 26, No. 27, Ed. 1 Friday, March 16, 1917 Page: 3 of 8
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THE LEXINGTON LEADER
A ■*
t
SIATE-WIDE
NEWS EVENTS
D. HAYDN LINEBAUGH RE-
SIGNS AS UNITED STATES
DISTRICT ATTORNEY.
OKLAHOMA NEWS OF THE WEEK
Little Happenings From Every Corner
of the State That Go to Make
Up a Week's History
of Oklahoma.
LAND TITLE HELD INVALID
Supreme Court Acts In Jefferson
County Indian Case.
Muskogee.—D. Haydn Linebaugh,
for more than three years United
States attorney for the eastern dis-
trict of Oklahoma, with headquarters
at Muskogee, has resigned his oftlce
to become special assistant to the
attorney general. Mr. Linebaugh, in
his new capacity, will continue to
make his headquarters in Muskogee
and will care for the government's
interests in the river bed litigation.
It is intimated that other special taskc
A'ashington.—An Oklahoma Indian
land title, similar to those in which
investments amounting to $10,000,000
are said to have been made was held
invalid by the supreme court in a suit
brought by C. E. Gannon against D. R.
Johnston, involving Jefferson county
lands. The court decided that "sur-
plus Choctaw and Chickasaw land al-
lotments cannot be sold by heirs im-
mediately on the death of the Indian
allottees."
The decision of the supreme court
was up from the supreme court ot
Oklahoma and affirms the judgment ot
that tribunal, holding that restrictions
on surplus allotments of Choctaw and
Chickasaw Indians do not abate with
the death of the allottee but run with
the land. The decision of the state
court was written by Judge Rosser,
a former member of the supremo
court commission.
Just how many titles are affected
by the decision is undetermined,
judges and lawyers being reticent to
express an opinion as to the effect of
the decision until a copy of it is avail-
able. However, the opinion was gen-
erally expressed that the estimate
that $10,000,000 is involved in titles
affected by the decision is consider-
ably overdrawn.
The opinion also was freely ex-
pressed that any defects in convey-
ances, pointed out by the United
States supreme court, can easily be
corrected by execution of new deeds.
The original allotment to Choctaws
and Chickasaws provided that the sur-
plus allotments to living Indians
could be alienated in one, three and
five years. Subsequent laws and
agreements with the two tribes con-
fused the situation and many heirs
of Indian land proceeded on the the-
ory that the death of original allottee
removed restrictions and the land
could be sold at any time by the heirs
after the death of the allottee.
It is believed the opinion simply
means that the restrictions run with
land after the original Indian allottee
is dead, and invalidates deeds made
contrary to the one, three and five-
year alienation period.
I THE LEGISLATURE jj
BUb- EMBLEM TELLS OF TRAGEDY
Relio of Early Days Bears Masonic
Markings.
D. Haydn Linebaugh.
will also be assigned to him. The
new position carries with it i
Btantial increase in salary.
W. P. McGinnis of Muskogee, Mr
Linebaugh's first assistant and a re-
lentless prosecutor of the violators of Hobart—Frank Stratton of Granite
the federal liquor laws, has been ap- j,aa a reijc which he believes holds
pointed by President Wilson to sue- tjie secret of an early day plains trag.
ceed Mr. Linebaugh. W. J. Creek- edy. It is a piece of soft stone about
more's downfall is largely attributed three-fourth ot an inch thick and
to Mr. McGinnis. Matt Collins, a lo- at,out fifteen inches around. On one
cal bootlegger of more than passing j3 inscribed the words, "Iin cap-
fame, in a confession made recently, fjve Indians, J. VanClure, London
. ~ vf •« mo- . .. „ ...
declared that it was due to Mr. Mc
Oinnis that he was sentenced, and
that he had now reformed.
THREE HELD FOR KILLING
Fight In Fort Gibson Station Led To
Agent Smoot's Death.
Muskogee.—As the result of a shoot-
ing affray which occurred at Fort
Gigson three men are held in the
-county jail in this city charged with
the killing of Tom Smoot, agent for
the Iron Mountain railroad at that
place.
According to the sheriff, Henry
Welsh, town marshal of Fort Gibson,
admitted that he is the man that fired
the shot that ended the life of the
station agent, but that he did so
while engaged in quelling a fight
■which was in progress in the station.
According to Welsh, Jim Meigs, a
prominent citizen of Fort Gibson, and
Smoot were fighting and in attempt-
ing to put a stop to the affray he
fired the fatal shot.
Louis R. G. Bengs, a member of a
prominent Fort Gibson family, is said
to have been involved in the difficulty
and he, too, was placed under arrest.
$1,600 FOR A PRIZE BULL
Laddie of Rosemere, Raised in Mus-
kogee, Sold to Eufaula Man.
England." On the reverse side
inscribed all the emblems of the A. F.
and A. M. and chapter degrees in Ma-
sonary, followed by the date, 1764.
The stone was found several years
ago on the old Mobetie trail about ten
miles sotheuast of Erick, Okla., and
then attracted considerable attention
It is thought that VanClure was cap.
tured by the Indians, and in order to
secure aid carved the stone. On sev
eral occasions the relic has been ex-
hibited at Masonic gatherings and th«
grand lodge. Mr. Stratton has de
cided to turn it over to the Oklahoma
Historical society where it can be
preserved.
Governor Signs Eminent Domain Bill.
The house bill No. 117, giving light,
heat, power and other transmission
companies the right of eminent do-
main on the publio highways of the
state, was signed by Governor Wil-
liams. A similar bill, passed by the
legislature two years ago, was vetoed
by the governor.
The bill is by Representative Chris-
topher of Okmulgee county and Rep-
resentative Cheatham of Creek coun-
ty, and makes it mandatory for coun-
ty commissioners to grant the use of
highways to transmission companies,
provided the companies will not in-
terfere with the free use of such high-
ways.
Under the existing law this is left
to the discretion of commissioners.
The result has been, it is said, that
construction of many transmission
lines has been deft*"' d. The purpose
of the new law is to make it uniform,
applying with equal force to the com
missioners of each county.
The governor vetoed the $20,000 ap-
propriation for a school building at
the state home at Pryor. An attempt
to override the veto got sixteen votes
out of a necessary thirty.
A bill was passed by both houses
appropriating money for support of
the state home. Included in the items
was one giving $20,000 for a school
building. Senator Killam was the au-
thor and told of the great seed for
a school building to care for the 328
children in the home.
To Adjourn March 20.
Realizing that it could not complete
the necessary work remaining before
it the house of representatives last
week backed up on its March 10 ad-
journment resolution, recalled it and
passed another, which fixes March 20
as the date for final adjournment.
There was scarcely any division of
opinion on the question, and the
March 20 resolution was adopted al-
most unanimously.
Neither house has so far held a
night session, and the work is being
carried on with as much deliberation
as if it were in the early days ot the
session. Since March 2, expiration
of the sixty-day period, members have
been receiving only $2.00 a day.
Bills passed finally in the house in-
cluded (he Garrett bill, providing for
publication in newspapers of argu-
ments prepared for and against meas-
ures referred to a vote of the people,
the arguments to be published in two
newspapers of opposing political faith
in each county of the state.
An appropriation of $2,500 for
hothouse at the state prison at Mc-
Alester was passed in the house by
a vote of 30 to 11. _
Appropriations passed by the house
were $150,000 for an auditorium at
the state university, $75,000 for a H
brary at the university, $31,000 for
improvements at the Granite reform
atory and $32,500 for business enter-
prises conducted at the reformatory.
House Bill 593, by Gish, making a
Raise Contingent Fund.
In the budget submitted the secre-
tary ot state asked for a contingent
fund of $30,000 a year. This was cut
to 10,000 a year, it was *6.000 a year
for the past two years.
An approriation of $50,000 a year
for two years was added to the budget
submitted for the state board of agri-
culture. This is to be used in tick
eradication work with the federal gov-
ernment.
Other large Items were $40,000 for
the corporation commission for ex-
tra help in making refunds of the
$425,000 collected from the express
companies; $50,000 for a two-year per-
iod for use by the corporation com-
mission in Invoicing public service
corporations; $80,000 for a two-year
period as contingent expense in the
farm loan appraisement farm loan di-
vision, sales division, lease division
and oil and gas division of the com-
missioners of the land office.
A bill providing for grant of powers
to a municipal court in Muskogee went
through. This gives the police judge
authority to try cases of violation of
city ordinances, and gives criminal
cases in which imprisonment may be
inflicted to the jurisdiction of justices
of peace.
Condemnation of the twelve United
States senators who by filibuster pre-
vented (he passage of a bill giving
President Wilson authority to arm
merchant ships, was expressed in res-
olutions adopted by both branches
of the legislature. The resolutions
approve plans of the president and
commend Senator Owen for his pro-
posal to establish a rule preventing
filibusters.
A bill under which county treas-
urers are declared depositories for
funds collected by all county officers,
was one of three passed by the state
senate. Under terms of the bill,
county treasurers may deposit county
funds in banks of their own choosing.
Interest on daily balances is provided
for.
Against Shops Removal.
The senate also passed the house
bill prohibiting removal of railroad
shops or division points from one city
to another after they have been estab-
lished five years, without the approval
of the corporation commission. This
bill is a result of the move on the
part of Sapulpa citizens to prevent the
Srisco from removing its division
point and shops to West Tulsa.
Another bill amends the session
laws of 1910 relating to county bound-
aries. This bill prevents the Shaffer
county project from ever coming up
again, and permits Tulsa county to
annex the city of Collinsville, in Rog-
ers county.
For the second time during this ses-
sion, the hoitse of representatives
voted against referring a proposition
proposing a change in the present
legislative system.
On final roll call, the Nesbitt reso-
...... iution, proposing reference of a con-
change in method of taxing express utlona, amendmenti whlch wou,d
GOOD
ROADS
SN0WPL0W IS EASILY MADE
Effective Device for Clearing High-
ways in Winter Can Be Put To-
gether by Any Farmer.
A farmer who is a firm believer in
good roads in winter as well as in sum-
mer, could not get uny .satisfaction
from his town superintendent when
snow blocked the six and one-half mile
way to town, writes Laurence W. Gris-
wold in Farm Journal. So instead of
going to the town-father and bawling
him out, the farmer knocked together
a suowplow and started out. The
work done with the plow that day
made It easy for a team to trot all
the way to town and not get in trouble
when it was forced to turn out for an-
other rig. And the job was over be-
fore a gang of men with shovels could
fairly have started.
Directions for making the plow are
as follows: Take a 1! by 8 inch plank,
eight feet in length (A in the accom-
panying picture), and use it for the
side which is to travel flush against
the side of the bob runner. A ten-
inch plank might work, but a 11!-inch
one would not because it could not
swing ahead of the rear bob when
WOMAN COULD
HARDLY STAND
Restored to Health by Lydia
E. Pinkham's Vegetable
Compound.
Fulton, N. Y. — "Why will women
pay out their money for treatment and
receive no benefit,
when so many have
proved that Lydia
E. Pinkham's Vege-
table Compound
will make them
well? For over a
year I suffered so
from female weak-
ness I could hardly
stand and waa
afraid to go on the
street alone. Doc-
tors said medicines
were useless and only an operation
would help me, but Lydia E. Pinkham's
Vegetable Compound has proved it
otherwise. 1 am now perfectly well
and can do any kind of work." Mrs.
Nellie Phelps, care of R. A. Rider,
R.F.D. No. 5, Fulton, N. Y.
We wish every woman who suffers
from female troubles, nervousness,
backache or the blues could see the let-
ters written by women made well by Ly-
dia E. Pinkham's Vegetable Compound.
If you have bad symptoms and do not
understand the cause, write to the
Lydia E. Pinkham Medicine Co., Lynn,
Mass.. for helpful advice given free.
ACCUSED OF INTRODUCING
Former Secretary of Pittsburg Count)
Election Board Held by U. S.
Oklahoma City. — The Southwest
American Livestock show got down to
hard work after a three-day prelim-
inary. It was Aberdeen-Angus cattle
in the sale ling that gave the crowd
JerencTK That?nMlgi $1,500 OF REWARD IS PAID
market with a much snappier sale
McAlester.—W. F. Cowper, former
ly secretary of the Pittsburg countj
election board, was arrested by a spe
cial United States deputy charged
with introducing loquor into the ol<
Indian territory side of the state. H<
is accused of having thirty quarts ol
whisky sl-.pped to him in McAlester
Cowper waived preliminary hearinj
and was held to the federal grand
jury which will meet next month al
Tulsa, being allowed bond in the sun:
of $1,000.
The arrest grow^ out of the seizurj
of a trunk of liquor several days age
which federal officers discovered was
consigned to Cowper.
Cowper recently was indicted by a
special grand jury in the district
court, charged with mutilatnig ballots
in the August primary election.
than was anticipated.
Records went by the boards for Ok-
lahoma when J. C. Simpson of Eu-
faula, Okla., paid $1,600 in hot com-
petition for L. R. Kershaw's cham-
pion bull, Laddie, of Rosemere. This
stellar animal was raised on Ker-
shaw's Muskogee farm and has a long
list of prizes won at state fairs in Illi-
nois, Indiana, Wisconsin, Iowa and
Oklahoma, as well as at the Chicago
International show.
It was a plain case of Oklahoma bid-
ders appreciating the value of great
breeding. Many sales were made for
more than $500 and it was a snappy
deal from the start.
Alleged Robber Captured.
Okmulgee—After being chased by
bloodhounds and a posse for some
eight miles and killing one of the
bloodhounds, one of a pair accused of
robbing a store at Dewar, in this
county, and one at Hoffman, just
across the line in McIntosh county,
was captured. Some of the booty
secured at the Hoffman store being
found on the man captured, he was
taken to Eufaula. He refuses to give
his name or tell who his confederate
was. The hounds employed in the
chase belonged at £usa, this county.
$7,500 More Due Captors of Hart-Poe
Gang.
Okmulgee.---The first of the reward
money offered for the extermination
of the Poe-Hart band of bank robbers
has been received by members of the
posse who shot Oscar Poe and Will
and Harry Hart to death in a battle
in the northwest part of this county
The money received by the posse
men was $1,500, offered by the State
Bankers' Association, and was divided
equally among the seven men who
went in the posse from this city. The
rewards offered for the extermination
of the bandits from various sources
totaled nearly $9,000.
Osage Has Come Back.
Osage.—(Following the disastrous
fire of three months ago, the town of
Osage has by reason of that fire, at-
tracted the attention of manufactur-
ers and, though the gas supply from
the local field was not sufficient to
meet the demand for domestic use,
the commercial club is negotiating
with the Quapaw Gas and Oil Com
pany for a supply from their main line
running from the Yale field. This will
only only relieve the present short
age of gas, but the negotiations pend
ing are for a d§finite pressure.
companies was passed. It simplifies
the method of reports to the state
and is said to mean a lower cost to
the express companies at no loss in
taxation to the state.
Following thirty minutes of spir-
ited contention and wrangling, the
house killed on final roll call the
"bankers' usury bill," designed to
place state banks on an equal foot-
ing with national banks in fixing and
collecting interest rates on loans.
Kill U-Boat Reward.
The concurrent resolution, author-
izing the governor to pay a reward
of $100 to the first American gunner
Binklng a German sumarine was
killed by the house in committee of
the whole. "We are not in war with
anybody, so what is the idea of the
resolution," declared Representative
Harper, on whose motion the resolu-
tion was "submarined."
The resolution authorizing the
board of agriculture to meet the re-
quirements of the act of congress, ap-
propriating $50,000 for a dormitory at
the Murray school of agriculture at
Tishomingo, was passed finally.
Even current proces of potatoes and
onions seemed insignificant while the
senate was discussing appropriations.
Bills carrying appropriations in ex
create a legislative commission to
study legislative subjects between
sessions of the legislature, wan de-
feated, receiving only 35 votes, while
59 were cast, against it.
Receiving only 42 votes, the house
banking committee's usury bill, pre-
sented on request of the state bank
commissioner, was killed on roll call.
It sought to revise and amend the
1916 special session usury act to suit
the usury ideas of bankers.
Okfuskee county was given a super-
ior court by passage of house bill No.
636 through the senate over the pro-
test of friends of District Judgn
George Crump, who declared that this
bill was an indirect impeachment ot
him. Passage of the bill is the close
of a bitter fight in Judge Crump's dis-
trict in which his ene.nies opposed
him because of his alleged domineer-
ing manner and rough overriding oi
technicalities.
Pure Advertising Bill Passed.
The "pure advertising" bill by Kerr
was passed. This eliminates the word
"knowingly" from provisions of thr
present bill prohibiting fraudulent ad
vertising.
In a bill by the committee on fe<>3
and salaries, places in the state de-
Effective Snowplow.
making turns. Take another eight-
foot plank and saw off two feet lor
u brace (C) and spike this brace at
right angles to the longer plank. It
may be necessary to let out the reach
so that the outer eud of the brace
will not be too far forwurd on the
moldboard (I)). The brace should be
raised an inch or two so that the snow
which falls iu the triangle will spill
out readily. When spiked together
the plow should have a comparatively
small spread, say four feet. A wide
spread means too heavy a drag and
unnecessary labor. To hitch the plow
to the bob use two clevises and a ring
attached to the end of the left side of
tile plow (point marked B). Iu order
to do effective work a ulan should ride
the plow.
One distinctive feature of the plow's
construction lies iu the fact that the
left side of the plow Is two feet longer
than the right side.
The left side is made so It can he
snugly attached to the outside of the
right-hand front runner of an ordinary
pair of bobs. When traveling, the left
(longer) side parallels the runner and
the right (shorter) side forms the
whole plowing surface.
Don't tell all you know. Keep a lit>
tie for seed.
Always look on the bright side ol
things and if you are going to Invest
your coin therein, look on both side*
High Praise for
Kidney Medicine
We nre ho thoroughly well pleosed with
Dr. Kilmer's Swamp-Root that we reooin-
nend it to our trade, feeling that it i§
i preparation containing real merit as a
medicinal product. We have carried
Swamp-Root for nrobably twenty years
ind its value has been proven in cases of
rheumatism. It enjoys a splendid reputa-
tion and always satisfies its users who
>raise it in the highest.
Verv trulv vours,
L. E. GRIFtTtl. JR.. CO.
Dct. 26, 1910. Terrell, Tex.
Prove What Swamp-Root Will Do For You
Send ten cents to Dr. Kilmer & Co.,
Binghamton. N. Y., for a sample size bot-
tle. It will convince anyone. You will
ilso receive a booklet of valuable infor-
mation, telling about the kidneys and blad-
jer. When writing, bo sure and mention
this paper. Regular fifty-cent and one-
dollar size bottlee for sale at all drug
itorsa.—Adr.
FIX ROAD FOR AUTOMOBILES
Radical Change in Treatment of High-
ways That Bear Brunt of Travel
Is Suggested.
The suggestion made by Francis M.
Hugo, secretary of state of New York,
that a radical change is called for In
the treatment of the roads that bear
the main brunt of automobile travel,
must strike laymen, at least, as highly
important. He points out that oidy a
small part of the width of these roads
Is actually used by most of the vehi-
cles which pass over them, and "yet
when the road has to be repaired or
renewed the whole width has to be
dealt with, for mere patching In most
cases cannot be regarded as the most
practical method of maintenance." Ac-
cordingly, he proposes the use of pre-
pared tracks "made* of special ma-
terial, continuous and smooth In char-
acter, and sufficiently wide," which
would "bear nearly all the traffic and
would lengthen the life of the road ten
times its present period."—New York
Times.
cess of $4,000,000 for the blennium Partment of highways now filled by
beginning July 1, 1917, were handled appointment were legalized and their
by the body. The general apropria | salaries fixed. I he bill was passed
tion bill, carrying $2,994,570 for the j Anally.
general maintenance and expense of I Officers having charge of fiscal af-
the government, was perfected in : fairs of cities, towns, counties and
committee of the whole and passed school districts are authorized by
finally. Another measure, proposing
and appropriation of $1,000>000 a year
for the next two years, provided there
Is that much excess In the state
treasury for road work was sent to a
special committee for readjustment.
bill by Killam, passed finally, to de-
vote insurance money to repair of
damage done to buildings for which
the insurance was collected.
The tick eradication bill was passed
after amendment. It provides that all
The bill providing for a home for j cattle brought into Oklahoma from
Unibn soldiers and carrying an ap-1 tick infested areas inUBt be dipp
propriation of $5,000 also was dis
posed of favorably.
An appropriation of $1,500 a year for
two years was added to the state
board of agriculture item in the gen-
eral appropriation bill for "an exhibit
and freed from ticks before entry ini
the Btate.
Petition Bill Passed.
With little opposition after amend-
ment, Senator Keller's bill amending
at the annual livestock show." The I the law relating to initiative and ref-
item was included on motion of Sen-1 erendum petitions was passed. This
ator Davis. Some senators opposed | bill provides that copies of initiative
the item on the ground that it was too | and referendum petitions must be
indefinite in its authorization of ex-1 filed with each precinct election In-
pense. The author replied that he had j spector in the state, and that the peti-
been viewing tne show of the South- i tions must be signed in the presence
west American Livestock association , ot and be witnessed by, the inspect-
and believed that the state should ap- ors. It is designed to shut off promis-
propriate $10,000 a year instead of I cuous petitioning. Attached to the
$1,500, but offered the lower figure as J petitions must be arguments for ant
a start. His proposal was adopted, j against the proposition oeffred.
MONEY FOR RURAL HIGHWAYS
Bends for County Roads Should Never
Run Longer Than 30 Years, Say
Agricultural Experts.
Bonds sold for county highway im-
provement, in the opinion of road spe-
cialists of the department of agricul-
ture, should never run for more than
'10 years, and retirement even enrlier
is better where this can be accom-
plished without too great an increase
In the tax rate. It is dangerous prac-
tice to have bonds run for a long pe-
riod, because in such cases the in-
debtedness often outlives the estimated
life of the Improvement? made with
the money so raised. Money borrowed
to build roads should be repaid by
those who enjoy the benefit of the Im-
provements thus financed, and not to
he a debt upon those who gain no bene-
fit from the expenditure.
LENGTH OF PUBLIC HIGHWAYS
Of Total of About 2,452,000 Miles
About 277,000, or 11.3 Per Cent
Are Improved.
The public roads of the United
States outside the limits of Incorporat-
ed towns and cities had, January 1,
1916, a total length of about 2,452,-
000 miles, of which about 277,Ot*) miles,
or 11.3 per cent, are improved with
some form of surfacing. The mileage
of surfaced roads Is Increasing at the
rate of about 10,000 miles per annum.
SPREAD OF AMERICAN TRADE
Far Corners of the World Look to the
United States for Expert Aid
and Advice.
American genius Is triumphant, Ol-
rard writes In the Philadelphia Pub-
lic Ledger. A United States firm has
arranged to light the office of the
president of China with Indirect elec-
tric light.
Australia has sent for 40 expert
American workers to teach the men
In kangaroo land how to make glass.
The first motortruck ever seen In
northern Honduras was recently sent
there by nn American firm.
A Boston manufacturer was Induced
to go Into Canada to Instruct our
northern neighbors how to make toys.
I am reliably Informed of an extraor-
dinary use being made of the Ameri-
can malls by a New York factory. This
concern had contracted for a large
number of railroad lanterns for Uws-
sla. To save time all those lanterns
are sent to San Eranclsco by p«r«el
post.
These are merely a few samples to
show that If Europe does not snatch
from us our world trade after tha
war, Europe at least will know that It
has been In a fight for It.
Nobody ever ran a successful cor
ner In happiness.
Don't prolong a qunrrel. Make one
hard fight and then quit.
Foods Are
Increasing
In Price
But you can still buy
GrapeNuts
at the same price.
This staple cereal in
its air-tight, wax-pro-
tected package will
keep indefinitely, yet
is ready to eat at a
moment's notice.
Grape-Nuti is full of
compact nourishment
with a delightful
wheat and barley
flavor.
The Most Economical of
Prepared Cereals
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Jones, Rex D. The Lexington Leader (Lexington, Okla.), Vol. 26, No. 27, Ed. 1 Friday, March 16, 1917, newspaper, March 16, 1917; (https://gateway.okhistory.org/ark:/67531/metadc110768/m1/3/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.