The Enid Weekly Wave. (Enid, Okla. Terr.), Vol. 2, No. 21, Ed. 1 Thursday, May 23, 1895 Page: 1 of 4
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1.25 Ptn YSAS.
By Wave Printing Co.
IT WAVES. SURGES. ROARS AND REBOUNDS ONLY TO COME BACK AGAIN WITH GREATER FORCE FOR ENID. GARFIELD COUNTY. OKLAHOMA. AND DEMOCRACY.
ENID, OKLAHOMA TERRITORY: THURSDAY EVENING, MAY 23, 1895!
Single Copy 5 Cei>r 9
Vol. 2, No. 9.1
Highest of all in Leavening Power—Latest U. S. Gov't Report
Rock Island Time Card.
Passenger No. :$ g:
Passenger No. 1 10;
Freight No. 81
Passenger No. 2
Passenger No. 4
Freight No. 32
. 11;2Q a. m
. 5:21) a. in
. 8:47 p. ni
. 2:U4 p. u
FACTS AND FIGURES
Governing the Register of the Land
Office in Designating Newspapers
to Publish Final Proof
JUNK SHOPS DON'T COUNT.
Notices Must be Published in News-
papers fully Establisned and of
Newspapers Clearly Established for
the Purpose of Catching Land No-
tices only, not to be Noticed
by the Register.
i Inasmuch as the Waukomis Wizard
and other little country weeklies in
BunREys Loaaii &
Pure Jersey ice <
Kitchen. Try it.
:ream at the Candy
Wittemeyer the fashionable tailor
makes summer suits for $20: tine
stock of goods and samples. Give
him a call. 78-lm.
A thin and dry looking layer of
clouds covered the sky today and the
cool chilly winds are still whistling.
We would not be a bit surprised to
see snow falling on the Fourth of
Much of our space is taken up to-
day in the publication of land office
ruiing in interpreting law in regard
to newspiper publications, which we
deem of some interest to all people
Hon. Joseph Munger, of Harper,
Kansas, is in the city visiting with his
daughter Mrs. Ed Weatherly. He
ma le the trip overland and reports
the country enroute looking rather
For whooping cough Chamberlain's
.Cough Remedy is excellent. By use-
ing it freely the disease is deprived
of all d angerous consequences. There
is no danger in giving it to babies, as
t contains nothing injurious. 25 and
0 cent bottles for sale by the Chero-
kee Drug Company.
Barrister Whittinghill, our genial
and modest city attorney, .is threat-
ened with a cut in his salary that will
bring it down to fifty cents a year.
Real, good sensible economy in hand-
ling the affairs of the city by the
city council is always commendable,
but when it comes to bullheaded non-
sensical impractical passionate econ-
omythato will 'disorganize the city
?Orernment, it makes it the laughing
stock of the citizens.
There is a good hotel in this city
named Victor. Yesterday we ven-
tured to a k the proprietor who his
hotel was called after.
"Why," said he '"don't you know?"
"It is called after Victor Murdock,
if the Wichita Eagle, one of the
brightest, if not the very brightest
editorial paragrapher of the west
I've been reading Vic in the Eagle
.for four years."
We would like to be in Wichita
when this item strikes Victor, just to
w;tness the smile.
Persons who sympathize with the
afflicted will rejoice with D E. Carrof
12;!") Harrison street, Kansas City.
He is an old sufferer from imtlamma-
tory rheumatism, but has not hereto-
fore been troubled in this climate.
Last winter he went up into Wiscon-
sin, and in consequence has had an-
other attack. "It came upon me a-
gain very acute and severe," he said.
"My joints swelled and became in-
flamed: sore to touch or almost to look
at; Upon the urgent request of my
mother-in-law 1 tried Chamberlain's
Pain Balm to reduce the swelling and
ease the pain, and to my agreeable
surprise, it did both. I have used
three Hfty-cent bottles and believe it
be the finest thing for rheumatism,
pains and swelling* extant. For sale
by the Cherokee Drug Company.
Warren Wise and Red, Enid's popu-
lar hack drivers, had a good time to-
'lay. Somebody's birthday we pre-
The Coming Events in the Hands of a
Monday, May 20, S. D. Patrick, one
of the partners with R. E. Bray in
the publication of the Coming Events, jthe south Part of the county in
applied to the district court for the j northern Kingfisher county has had
appointment of a receiver to take consideraole to saV recently against
charge of said partnership by dis-|the acti°ns of Register Patterson in
posing of the newspaper material on j PlacinK final proof notices, and in
hand, pay all outstanding indebted-: wllicl1 vituperation the Wave has
ness and turn over the balance to the J received considerable woefully wrong
partners as their interest may ap-! abu6c' we hav'e sPent considerable
pear. Judge McAtee not being in time in ferreting out the actual facts
the county, Ivan G. Conkling, judge rulin^ ''n'3 laws governing the mat-
ofthe probate court, after reading | ter ,in controversy and take pleas-
the complaint and application, ap-jure ®n l,resentlng the result before
pointed John A. Wilkins receiver mlr readcrs so t,lat ,here ma.v be an
and placed said receiver's bond at \ intellif-rent understanding of the mai-
ter among the people.
The following is a copy of a letter
written by the commissioner of the
General Land Office in passing upon
the question as to whether the Regis-
ter at the Enid land office, as charged
by the editor of the Waukomis Wiz-
ard, intentionally violated the law in
declining to publish final proof no-
tices of tracts of land located near
Waukomis in the Waukomis Wizard,
together with the circular referred
to in the letter. As threats have
been made that protests would be
filed against the final proof of those
who did not publish their notices in
the Wizard, this will be of general
interest to a large numbernof people
in that section, and as it is a clear
enunciation of the law upon the sub-
ject of the publication of final proof
notices it will be of general interest
to all homesteaders in the territory.
It will be seen that the Commissioner
absolutely sustains the Register and
that so far from violating the law in
not publishing notices in the Wauko-
mis Wizard, the register would have
violated the law, if with the evidence
before him, he had published final
proof notices in that paper.1
Department of the Interior, General
Washington D. C.. May 13, 1395.
Mr. W. J. Mulholland,
Sir:—i have received the response
of the register at Enid in regard to
your complaint concerning his ac-
tion in the matter of publication of
final proof notices, together with
several affidavits and a copy of your
The register asserts that he has
followed the law and instructians of
this office in the matter and has been
I governed by the decision of the de-
J partment; that his selection of the
! papers has been to the best interest
j of the settlers, the proper filling of
While the Coming Events has been
quite bitter in its accusations and
writings against the Wave and its
editor, we nevertheless feel sorry
that trouble has overtaken our pop
kicker. The Coming Uncertainty, as
we have dubbed the sheet, has cer-
tainly become an uncertainty. Hard
times and doing work for less than
actual cost has brought ruin to the
threshold of our neighbor.
Council met in regular session Tues-
day evening, May, 21. Mayor Wood
in the chair. Councilman present
Howenstine, Talmadge, Rouse, Ward,
— ?, McKee, Brandow and
Several bills and accounts were
taken up and allowed. Councilman
Talmadge brought up the matter of
taking bids for the city printing: he
stated that the committee had re-
ceived one bid only, from the Coming
Events, agreeing to do the city prin-
ing for nineteen cents a square in
city warrants, the other city papers
having refused to bid. Moved and
seconded that the bid of the Coming
Events be accepted and that it be
made the official paper of the City.
A telegram announcing the inabil-
ity of the water works contractors to
get here on time was read. On mo-
tion the time was extended six days
from May 25, all voting yes except
A communication from Mr. Brown,
the city treasurer, was read answer-
ing the charges made by the mayor.
The Mayor withdrew the charges and
gave notice of the reinstatement of
Report of the street commissioner
read and referred to the street com-
A motion to abolish the office of
street commissioner was carried
This man has not been
buying his groceries at But-
rey's, but he's going their now
P. S. He wants some
Big Boot Sign, East Side of Square.
Will Give You This Weelc
Fancy Kaika Japaneze wash Silk
W aist patterns for $2.00 worth
We carry the most complete
Dry Goods. Garnets,
SHOES AND LADIES' AND
Dr. Thompson's Glove Fitting
Corsets are the best. We sell
Our line of Laces, Embroid-
eries and 1 losiery cannot be ex-
5g and 9c Black
City Attorney Whittinghill told
the council that the street commis-
sioner was a regular officer of the ci* ,
provided for by statute and the coun-
cil could not abolish the office.
On motion the matter was recon-
Moved by ? that the
street coinmUsioner's salary be re-
duced to $5 per month. Carried.
Once more the city attorney
the legal requirement and not a mat-
ter of personal patronage.
The Wizard has been reported to
him as not a paper of general circu-
lation, and an affidavit of Mr. O. S.
Peterson is furnished in which it is
stated that from a personal inspec-
tion of your outfit its selling value
would not exceed $50: that the sub-
scribers by actual count numbered 72
and it is not on a sound financial
It is observed in the copy of your
formed the council that the "street ' newspaper that vou state there is n(
law requiring affidavits as to circula
tion. I enclose herewith a copy of
commissioner's salary had been set
by ordinance and that the present
proceeding was not in order or legal.
? jumped to his feet and
exclaimed that it was about time for
the city attorney to advise the coun-
cil in such matters so that they
might not be constantly making asses
of themselves; he for one would be
willing to cut the attorney's salary
down to fifty cents a year.
Mr. Whittinghill remarked that he
had always given any member of the
council legal advice, would always do
so at any time: that he had faithful-1 Vu "
ly attended to his official duties at all j medium for publication, is
times, and further, that he had no
apologies to make to the gentlemen
in the council chamber
the official circular of July 31, 1894,
from which you will observe that
registers shall satisfy themselves as
to the character and stability of the
paper and should require affidavits as
to circulation etc.
The printing of a large edition of a
paper for a few weeks for the purpose
of making an affidavit of circulation
when not backed by bona fide sub-
scribers. is not recognized as worthy
of consideration. And the fact that
a newspaper having been once recog-
•d as a medium for publication, ii
not a reason that it shall continue to
he so, if circumstances shall change.
From the recprd before me it does
* Notice. ter of cutting the salary of the street
•ni,,. c • ; commissioner be re-considered. Car-
a tention of the public if- ri -cl The mayor was authorized to
aueu to the fact that considerable sign duplicates of certain street war-
Husch beer in black bottles with all j rants.
brands rubbed off has been sold to , The reports of the marshal and po-
customers of Pabst Bohemian beer. ! Hnruice'commTueV " 'l° the
•n calling for 1'abst Bohemian beer, . A motion was carried instructing
be sure that the bottle Is properly la- the street and alley committee to
heled and that the cork is stamped :'akt'charK1'°,f M"' w?'l °" tl,e l1"1'-
wlth the name "Pabst." ! deeTbe'sl U aa they
t Henry Ryan, Ag't. ! Adjourned to meet today at 4 p. m.
anywhere not appear that the register has in-
Moved and j JS,!'"
Edward. A. Bowekh.
relative to the publication of final
proof notices under the act of March
3, 1879, (20 stat. 472) Unjust discrimin-
ation in favor of particular papers,
and publication in papers charging
excessive rates, are among the com-
plaints made, while still more seri-
ous complaints exist that notices
are frequently published in papers
having little or no circulation or no
existence except for the purpose ot
obtaining such advertisement!, and
that in some cases fraudulent; that
fraudulent publication is made bv
the insertion of the advertisements
in a few copies only of a paper and
not in the regular edition or that a
correct notice is inserted in a few
copies of a paper and the notice then
changed by altering the discription
of the land or otherwise and the al-
tered noti;e printed in the remain-
der of the issue.
You are enjoined to exorcise the
greatest care and diligence to see
that final proof notices are published
only in established bona lide newspa-
pers having an actual and legitimate
circulation in the vicinity of the land.
The paper must be actually published
where it purports to be and be a repu-
table paper of general circulation and
not a mere land notice advertising
medium without regular subscribers
or general patronage.
You may require evidence of the
character and stability of any paper
which publication notices are
sought and should do so in all cases
where the whole facts are not within
your own knowledge of common re-
pute. Affidavits of the publisher in
these respects to the bona fide es-
tablishment of his paper, the regu-
larity of its publication, its places
of circulation, the extent of its sub-
scription list, the number of copies
actually printed of its regular edi-
tion, the number of exchanges and
other facts may be required when
necessary and in such cases the affi-
davit of the post master of the placc
where the paper iB published showing
the number ot copies mailed, the
regularity of mailing and range of
distribution may also be required.
Whether there is a post office at the
professed place of publication should
be inquired into as also whether there
Is a town or Inhabitants at such
place. A newspaper purporting to
be published at a place where there
are few or no inhabitants and n«
inhabitants and no post office far Its
mailing or distribution cannot be re-
garded as a proper newspaper for the
publication of proof notices, nor can
my newspaper be so regarded which
ot Clotliing is the largest in the Territory so
buy your goods of us and save money.
LOGAN & KENNEDY.
I he parrot says:
"Why don't you take your
girl down to the
and fill her up on Charlies'
pure, all cows' milk Ice cream ?
Have you seen our
New NoDfru Suits?
MEIBERGEN & GODSCHALK.
THE LEADING CLOTHIERS.
T, . . ... . „ , does not possess adequate
Registers enjoined to see that final . , .. , , 1
proof notices are published in bona a" Ntaolllly-
fide newspapers having an actual You will hereafter require an altl-
and legitimate circulation In the I davit front the publisher or his re-
vicinity of the land: i n .
Washington, I). C„ July 31, 1894. rt ,res; nU* u :u co",l'«-
Registers United States land offices: j nv the proof of publication and a
Gentlemen:— Numerous com- true copy of the published notice
plaints arc received at this office showing that the same was correctly
published the requisite number of
times in the regular and entire issue
ot every number of the paper during
the period and times of publication.
This affidavit must be furnished at
the expense of the publisher.
You are not to give the publication
to papers that are not reputable pa-
pers of general circulation "upon the
ground of being nearest.the land."
The purpose of the law is that gener-
al notice shall hi- given of intention
to make final proof. A publication
that does not effectuate such notice
is a defeat of the purpose of the law.
Where there are several papers,
which are "newspapers'' within the
meaning of the law, and any one of
which might be designated under
these Instructions you will use youi
discretion in making your selection
and in the reasonable and honest ex-
ercise ofjjthat discretion you will not
be Interfered with by this office.
You are not to construe the words "as
nearest" as binding you to any rule
of strictocalculation of geographical
distance,but you are to select which
among the proper papers regularly
published and having a stable circu-
lation nearest the land you will des.
ignate for the purpose of such publt*.
character 1 cation.
The circular jf January 1894, in re-
spect to rates charged for advertis-
ing as governing your designation
will be adhered to.
N. C. Mi'Fa!u,and, Land Com.
Cure For Headache.
As a remedy for all forms of Head-
ache Electric Bitters has proved to
be the very best. It effects a pertna-
anent curt and the most dread habit-
ual sick headaches yield to its influ-
ence. We urge all who are afflctedl
to procure a bottle, and give this rem-
edy a fair trial. In case of habitual
constipation Electric Bitters cure.-,
by giving the needed tone to the bow-
els, and few cases long resist the usi
of this medicine. Try it once. Large
bottles only Fifty cents at Cherokee
For Rent:—A three roomed house
located on west North Boundary
painted and papered new throughout
with good well and barn on lot for
terms enquire of C. A. Judson at the
Approved August, 1, 1894.
M. L. .Iohmn, Acting Sec.
v p. indigestion. diz zine ss.
Ruptionson the skin
Beautifies *' Complexion
ron A C Bt IT WILL NOT CUHC.
AnsgTWshfo iAXStfvo and NEUVBTONIO.
Bold by IlriiifirUtior sent tiy mull. S6c..60c^
snil f 1.00 por puekmrt). Samples frco.
The Fsyorlte T00TB POWMI
Sold by tHCHUARGlN A ALLEN
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Isenberg, J. L. & Isenberg, Edna A. The Enid Weekly Wave. (Enid, Okla. Terr.), Vol. 2, No. 21, Ed. 1 Thursday, May 23, 1895, newspaper, May 23, 1895; Enid, Oklahoma. (gateway.okhistory.org/ark:/67531/metadc111599/m1/1/: accessed February 21, 2019), The Gateway to Oklahoma History, gateway.okhistory.org; crediting Oklahoma Historical Society.