Oklahoma State Register. (Guthrie, Okla.), Vol. 17, No. 31, Ed. 1 Thursday, August 27, 1908 Page: 2 of 8
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FT. SMITH A YD WESTER* BOXUS JtOTES HEVEHSED
BY St'lMtKMi: COt'HT A\I) SEM RACK FOIt TRIAL
=ii " - - -- - — _— - 1 ^
corporation, authorized to do business
under the constitution and laws of this
state, is bad, where the answer also
The supreme court today In an opin-
ion written by Justice J. B. Turner,
reverses the decision of the county
court of Logan county in the case of
O. I*. Cooper vs. the Fort Smith and
Western Railroad company, a test case
111 stituted by the bonus note-givers
and involving the legality of the $50,-
000 in notes given by the citizens of
Guthrie as a bonus to secure the build-
ing of the road from Ft. Smith to
Guthrie. The supreme court holds
that the lower court was in error in
sustaining the demurrer to the allega-
tions set forth that the notes were
secured through fraud and misrepre-
sentation.
The supreme court suctalns the low-
er court on three other propositions
upholding the decision of the supreme
court of the Territory of Oklahoma in
the test case brought by the Federal
Trust Co. against U. C. Guss, in which
judgment was rendered against the
defendant.
Justice Turner in support of the
opinion of the court says: "In this
case we may say that if this railroad
company, acting through its agents
and servants, as charged in the ans-
wer and admitted on demurrer, pro-
fessed to be hesitating between exten-
ding its line to Oklahoma City or
Guthrie, and misrepresented Its in-
tentions, inorder to secure to itself
the bonus notes under consideration,
when in truth and In fact, unknown
to the note-givers, it had already con-
tracted to extend its line to Guthrie,
as It was its intention to go there, it
was practicing a species of fraud up-
on the defendants and using false pre-
tense in order to acquire defendants'
property with out consideration, and
will not be permitted to recover in this
court."
The note-givers claiM a signal vic-
tory in the decision of the attorneys
representing them c:alm they can
prove all they allege in the trial of
the case. The railroad attorneys al-
so claim victory, declaring that they
were overruled on one point of law
only.
The cause was remanded to the low-
er court for trial. The railroad at-
torneys would not state what course
they would pursue in the trial of the
cause as to the alleged misrepresen-
tation, but said that they would be
able to collect the notes and that un-
less the note-givers pay up in a few
days upwadrs of 500 suits will be filed
in the county court. The notp-givers
expect this however, as statute of limi-
tation expires on the notes on Septem-
ber 27th, 1908, and will not pay their
notes until the test case is heard and
a decision rendered again by the su-
preme court.
The amount of the Cooper note was
$250.
All the justices concurred in the
decision save Justice Kane, who con-
curs only in the result.
discloses that the original payee was
an Oklahoma corporation, and as such
by the terms of the note required to
construct a road from the present
terminus of its line in Indian territory,
to which point it had been constructed
by plaintiff, an Arkansas corporation,
to the city ol' Guthrie, Oklahoma, and
had since the exception of said note
sold out and conveyed to the Arkan-
sas corporation all its right, title and
interest in and to said road, together
with all contracts and franchises con-
nected therewith; and a demurrer
thereunto was properly sustained.
2. An answer setting up a plea In
bar to a suit on a promissory note,
given in aid of the construction of
plaintiff's line of road, which alleges
that prior to the execution of the note
the payee, then engaged in building a
railroad in a westeny direction from
a given point in another state through
the Indian Territory and in the gener-
al direction of Guthrie, Oklahoma, de-
termined to build said road from its
then terminus in the Indian Territory
to said city, and on that date, un-
known to the defendant and citizens
of said city, entered into contract for
its construction; that without disclos-
ing that determination said railroad
company by and through its agents
and representatives afterwards caused
a public meeting or the citizens of
said city to be held, and then and
there submitted to them and others
Interested a proposition to extend its
line of road from its then terminus
in the Indian Territory to said city
and have the same In operation in
eighteen months, provided they would
raise a bonus of fifty thousand dollars
within thirty days in the form of
promissory notes satisfactory to the
payee, to be turned over to it; repre-
senting that another city was a strong
competitor for the road; that unless
satisfactory arrangements were made
wlthit the road would be delivered
to some other point, but if the terms
concerning said bonus were complied
with, it would build its road to Guth-
rie; that there was a feeling of rivalry
existing between the two cities which
was well known at the time to said
railroad company; that said represen-
tations were made for the purpose of
securing said bonus, and were false
and deceptive, and known to be such
by the payee, and were intended to,
and did, deceive said citizens, includ-
ing the defendant; that the note sued
on was executed on the strength of
such decption; states facts sufficient
to constitute a plea in bar of a re-
covery on said note on the ground of
fraud, and a demurrer thereto was
improperly sustained.
3. A railroad company for the pur-
pose of aiding in the construction of
its line of road, may accept and en-
force an obligation payable to it. con-
A
Bad
Sign
jjr-8
Irregularity Is tad In every department of Hfe, In meals. In sleeping hours,'
but especially when it is a question of womanly habit. Not only is it a sign of
female disease, but, unless cured, it will cause dangerous troubles, because of
the poisons thus allowed to remain in the system.
If you suffer in this way, get a bottle of
Wine of Cardui
Mrs. Lucinda Johnson, of Fish Creek, Wis., writes: "I suffered for fourteen (14) years with Irregu-
larity, causing great pain. At last 1 tried Cardui, and now I am cured." At all druggists, in $1 bottles.
tifnrrc lie i I CTTCn Writ# today for *fm copy of v«lmbl« M-iwe Illustrated Book for Woman. It you nocj Medical
IVkI I I I \ A I r I I I K Advice, describe jour; symptoms, statin* age. and reply will be sent In plain sealed envelope.
" ■ ■ 1-1 Address: Ladles Advisory Dept., The Chattanooga Medicine Co., Chattanooga. Tenn.
The syllabus of the opinion 1b as ditloned that the note shall become
follows: due and payable when the line of road
is built and put into operation to
The Syllabus
1. An answer setting up a plea in point named therein, and such note is
bar to a suit on a promissory note not void as against public policy,
given aid of the construction of plain- j 4. One who is not privy to a con-
tiff's line of road which alleges in sub- : tract is not bound thereby and can
stance, that at the time it was execut- | claim no benefit of any of its favor-
ed plaintiff was, and still is, a foreign able provisions.
The Morning "Dory."
Father had a sailboat and mother
a rowboat. Dorothy had no boat at
all, and she wept grievously. Father
said she must certainly have a boat
of her own, and mother said she
should have the best one of ail—
"an a safe one, too," she added to
father.
So a lealcy, abandoned dory, which
had been lying on the shore all win-
ter, was drawn up on the lawn and
filled with rich garden earth. A mast
was placed where a mast should be, a
bowsprit to point straight out to sea,
and rigging for vines lo climb on. The
outside of the boat was painted dark
grc n.
During the following days mother
and Dorothy put the dory in order.
Of course there was no sails to mend
bui there were seeds to plant;( there
was no declc to holystone, but there
were some weeds to pull. Dorothy had
plenty to keep her busy when the lit-
tle green shoots began to spring up.
One night, when father came back
from town, he brought a package.
••Here are .-rane friends of mine who
wish to cruise on your doly this sum-
mer, Captain Dorothy," he said.
The "friends" were black eyed Su-
san and bouncing-bet and sweetwil-
Iiam and johnnie-jump-up. Dorothy
set tl .se passengers in the bow,
where they had a fine view out to
lea.
The little green shoots that came
first grew and grew, and before long
a morning-glory had set a lookout at
the very top of the mast.
"Why don't you name your ship the
Uorning-Glory," suggested father.
Now Dorothy, although she was
nearly five could not say the letter
G. So what she answered was, "Yea,
the Morning' Dory." Father thought
that was a fine name.
The nasturtiums, too, grew rapidly,
hey threw hawsers over the sides
nd moored the boat to a big bunch
hollyhocks. The blossoms ran
long the bow-sprit and up the rigsing
ike brave little sailors. Round -he
boat was a bed of blue forget-me-not
waves, and dashing against the prow
tvas a white foam of candy tuft.
Every morning father wore a flower
3 the city, and every morning mother
vas given a bunch for the table. All
uturner long the Morning Dory, with
tier colors out, cruised in a blue for-
get me-not sea flecked with candytuft
loam; and all summer long black-eyed
Susan and bouncing-bet and sweetwil-
lam and johnnie-j:imp-up nodded and
<vaved from the quarter-deck.—
foutli's Companion.
(First Published in Oklahoma State I
Register August 13, 1908.)
NOTICE.
Notice is hereby given that, in pur-
suance of an order of the County
Court of the County of Logan and
State of Oklahoma, made on the 14th
day of December, A. D. 1907, in the
matter of the estate of Albert Flem-
ing, deceased, the undersigned, as the
administrator of the estate of Albert
Fleming, deceased, will, on or after
the 22d day of August, A. D. 1908, and
within six months from said last men-
tioned date, sell at private sale, to the
highest and best bidder therefor, all
the right, title, interest and estate of
said Albert Fleming, at the time of
his death, and all the right, title
and Interest that the said estate
has, by operation of law or oth-
erwise, acquired in and to all cer-
tain lots, pieces or parcels of land
lying and being in the County of Lo-
gan and State of Oklahoma, bounded
and described as follows, and upon
thS following terms and conditions,
to-wit: Lots 9 and 10, in Block 72, in
that part of Guthrie known as Capi-
tol Hill.
Said property cannot be sold for
less than $450, that being 90 per cent
of the appraised value thereof, which
appraisement was made on the V-th
day of August, 1908.
Offers or bids for sr.-l land must be
made in writing, ana the same may
be left at any time before such sale
at the County Court; the same may
be filed In the office of the Judge of
said County Court.
Dated August 12, 1908.
S. S. JONES,
Administrator.
THE .
NOTICE OK SCHOOL LAND
LESSEES MEETING
The school land lessees of Caddo
county are hereby requested to meet
in Anadarko, Saturday September
This will probably be the last coun-
ty meeting the Union will ever hold
and owing to the fact, 'hat an orgaii-
z il'on haa been .>! .'•! ft OM.'.oi
Cir/ to- the ui'puse of defeating C.
school land bill bow before th ■
p'n for the tdopll.-.n tr.d where s 1
said organization is composed of the
representatives of those who are in
terested in a high rate of interest and
who are able to finance a campaign
and if necessary are able to coerce
- I thousands of voters in voting against
he held George Washington's horse. t|1(? meagure> it becomes necessary for
He illustrated this part of his narra- to establish a complete organiza-
tive by walking out along the road > tion. If we value our homes and wish
toward Raritan and locating the ex- LQ sayp them it wm be necessary for
act spot at which he had held the ug t0 go jjoidiy into the fight and stay
horse, the spot is near an old tree that jn front ranks until the polls are
has been a land mark time out of ciose(j on November 3d. Therefore it
is earnestly requested that each and
every lessee to lay aside the labors
on this day and to come to Anadarko
and assist in orgar.'zlug for the last
fight.
A. A. HIATT, President
CHAS RUSK, Secretary.
HELD WASHINGTON' HOUSE
Negro Preacher Declares He s Thirly-
elght Years Over a Century Old
New York.—In a sermon delivered
yesterday at Zion African Methodist
Episcopal Church, in Somerville, New
Jersey, the Rev. Master Brooks, ane-
gro clergyman, said that he was 138
years of age and that he remembered
having held General George Wash-
ington's horse on the road between
Somerville and Raritan.
The clergyman said he was born in
Cuba in 1770, and was brought to Som-
erville county, N. J. when a child. He
said that he was ten years old when
mind.
Mr. Brooks says that he has preach-
ed for the last seventy years, and that
he has spent five years in Egypt,
where he did missionary work.
\\ MINING TO BOTTLE DI GS
CHASED BY A HADGEIi
Mrs. Selma Klrchoff, a German wo-
man was chased half a mile by a wil<J
badger in a lonely highway near Man
gum. She fell exhausted at the home
of R. J. Fraze, who shot the badger
just as it was entering tits house
Fraze thinks that the badger had hy-
drophobia. Other persons think that
the badger was crazy, as no sane bad
the knees and flung them backwards ] ger would run half a mile in this kind
with very little injury of weather.
Lawton News-Ropublican.
Two drunken men, Loveless and
Warren, sitting on the Frisco tracks,
east of the city park yesterday after-
noon, narrowly escaped death or a
limbless life by being thrown down
the railroad dump backwards by the
force of the cow-catcher. They were
sitting with their legs over the rails
drinking when the east bound train
dashed by. The train struck them at
Weinberger Transfer Co.
TRANSFER AND STORAGE
Will Uo your work promptly. Satisfaction guaranteed.
Summer Resorts
North and East
Spend your vacation this summer in the resort
region of Minnesota, Wisconsin, Michigan, The
Great Lakes, St. Lawrence River, Adirondacks
or Atlantic Sea Coast.
Daily through train service of superior excellence via
Rock Island Lines
to St. Louis and Chicago, affording convenient
connections for all points
Extremely low fares in effect daily all summer.
Fu'l irfoimaiit n urd illustrated booklet.
,-N« rt ctn ami Eastern Summer Resorts,
on request
J. A. McNally
Div. Pass. A«t.. Ok'ahem Ti y.
A. Tnplett,
Guthrie
(First Published in Oklahoma State
Register August 13, 190S.)
State of Oklahoma, County of Logan,
ss. In the County Court of Said
County.
In the .Matter of the Estate of Cord
B. Foster, Deceased.
J. C. Foster, as the administrator of
the estate of Cord B. Foster, de-
ceased, having on the 10th day of
\ugust, 1908, rendered for settlement
and filed in this court his final report
and account as such administrator, j
GERMAN EMBASSADOR DEVI)
PUTS IT IT TO CONGRESS
Do You Know Trees?
The sweetest tree of all (yew).
Tree left after a fire (ash).
The tree that is two (pear).
Historian's tree (date).
Natural healer tree (balsam).
Treo for winter (fir).
Mourner's tree (pine).
Carpenter's tree (plane).
Daudy tree (spruce).
—Topeka Herald
Button hooks—Goat herns.
Plenty of Trouble
is caused by stagnation of te livers, nd
bowels. T oget rid of it and headache
and biliousness and the poison that
brings jaundice, take Dr. King's New
Life Pills, the reliable purifiers that
do the work without grinding or grip-
ing. 25c at C. R. Benlro's Drug Stor6,
A HKMINESCENCE OE WALLY ONG
"Outlines" in Kansas City Star.
An Alva newspaper contained an
item recently that Wally Ong had
been acquitted of the charge of giving
a man a drink of whiskey. Wally Ong
had not been forgotten by many old
time Oklahomans, who thought, how-
ever, that he was long since dead. In
pioneer days in Guthrie, Wally Ong
conducted a high class restaurant, pa-
tronized by all the good feeders. As
his name suggests, Wally was a na-
tive of the Celestial empire and a
high roller on the very crest of the
billows. He dressed with the art of
a Beau Brummel, spent his money like
a millionaire and was Americanized
to the extent that no game was clever
enough to deceive him twice. When
hard times came in Oklahoma in the
early 90s Wally disappeared like
many another soldier of fortune who
had concentrated his sword and his
muscle to havihg a good time at the
territorial capltol.
and praying to be discharged.
It is hereby ordered by the Court, I
that Saturday, the 5th day of Septem-
ber, 1908, at the houre of 10 o'clock
A. M., of said day, that being a day of
the regular September Term, 1908, of
said Court, be, and the same is hereby
appointed for the settlement thereof,
at the County Court Room in Guth-
rie, in said County, when and where
any person interested in said estate
may appear and file his exceptions In j ^"hee^at this opinion,
writing to the account and contest the
same.
Dated this 10th day of August, 1908.
(SEAL) J. C. STRANG,
County Judge.
The end canic when Hope of Recovery
Hail been Given.
Heidelberg, Germany.—Baron Speck
von Sternberg, the German embassa-
dor to the United States, died at the
hotel Victoria in this city about mid-
night last night. The baroness, who
was Miss Lillian .May Langham of
Louisville, Ky., was with her husband
at the end. They had been visiting in
Germany since May.
The baroness and baron came here
from Hamburg the end of last month
to consult with Prof. Vincenz C'zerny,
a skin specialist, concerning a malady
from which the embassador had been
suffering for some time. After a pro-
longed examination of the diseased
part on the left side of Baron von
Sternberg's head the professor af-
firmed that the trouble was a Iumpus
and that he could cure it. Both the
embassador and his wife were immen-
Juilge Campbell Dismisses Indians'
Suits for Citizenship
(First Published in Oklahoma State
Register August 13, 1908.)
NOTICr.
State of Oklahoma, County of Logan,
ss.
Notice is hereby given that on the
8th day of August, A. D. 1908, Jacob
W. Busrad filed in tne County Court
of the County of Logan and State of
Oklahoma, a petition praying for Let-
ters of Administration to be issued to
A. L. Cockrum upon the estate of Cal-
lie H. Busard, deceased, late of the
County of El Paso and State of Colo-
rado.
And pursuant to an order of said
County Court, Saturday, the 5th day
of September, A. D. 1908, at the hour
of 9 o'clock A. M. of said day, that
being a day of the regular July Term,
A. D. 1908, of said County Court, has
been appointed as the time for hear-
ing said application, when and where
any person interested may contest
eaid petition by filing written oppo-
sition thereto on the ground of in-
competency of the applicant, or may
assert his own rights to the adminis-
tration and pray that Letters be is-
sued to himself.
Witness J. C. Strang, judge of the
County Court of the County of Logan,
and the Seal of the Court affixed, the
8th day of August, A. D. 1908.
(SEAL) J. C, STRANG,
County Judge.
OABTOIIIA
furs the M You Han Always BoujIH
«(utan
<rf
j* The Kmd YouHa e_Always i
SENATOR CUNNINGHAM IS VISIT-
ING IN NEW MEXICO.
Hon. Harper S. Cunningham of
Guthrie, Oklahoma, is visiting friends
in Alberquerque. Mr. Cunningham is
a state senator of Oklahoma, and will
be a delegate in the national irriga-
tion congress, to be held here this fall.
He is a man of wide spread reputation
in the middle west and a man of abili-
ty and force; he will be a valuable
and useful delegate.
He formerly lived in Kansas and
went to Oklahoma in the beginning of
that territory. Consequently he has
been on the frontier all his life, and
he knows the needs of the west. He
knows especially the value of irriga-
tion in the west, for he has been out
on the edge of the so-called "desert"
from early manhood. He knows what
the desert is and how fertile and fruit-
ful its soil becomes by the magic
touch of water.
Living In a land of abundant rain-
fall where irrigation is not necessary
for the production of crops. Senator
Cunningham will be unprejudiced in
his work in the congress for the ex-
tension of government and in the re-
clamation of this desert, and for that
reason he especially will be welcome
in the congress.
Senator has wide acquaintance in
the Masonic order, of which he is a
frator of high degree. He is of the
33degree, which is the top of Masonry,
and in Oklahoma he is sovereign
grand inspector general. The finest
Masonic temple in the United States
is at Guthrie and Senator Cunningham
more than any other man, is the cause
of its erection and magnificent equip-
ment. .Masons who want to know what
real Masonry is shoald go to Guthrie
and^it at the feet of Harper Samuel
Cunningham.
McAlester.—Judge Ralph E. Camp-
bell of the United States Court of the
Western District of Oklahoma, in an
elaborate decision dismissed the suit
brought by J. E. Fleming and 11,000
claimants to citizenship in the Choc-
taw and Chickasaw nations against
Governors McCurtain and Johnson,
the firm of MansfieM, McMurray &
Cornish and Secretary of the Inter-
ior Garfield. Judge Campbell held
that whatever might be the merits of
the contentions of the complainants,
congress had sole power to wind up
tribal affairs and to constitute the
agency for passing on the rights of
the Indians, and if any injustice has
been done the only relief can come
through Congress.
The Best Pills Ever Sold.
"After doctoring 15 years for chron-
as much good as Dr. King's New Life
Pills. I consider them the best pills
ever sold," writs B. F. Ayscue, of In-
gleside, N. C. Sold under guarantee at
C. R. Renfro's drug store. 25c.
CASTOR IA
For Infants and Children.
TTie Kind You Hats Always Bought
3oars the
Signature of
MAKE YOUR APPEAR
to the public through tH«
columns of thi paprf
With every Issue it carries
its meilagc into the hpipta
and llyg of the peop
{tore news In
ySu hive yot
people for L
They know w!
pet i tor h^S
s his
defflrt
Don't blame th<j
~ to his store,
has.
6 a YEARS*
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Scientific American.
\ handsomely Illustrated weekly- T.nrgeft or-
wlation of any soientiUe Journal. Term* f.1 a
byall newHileaJi>m.
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Ttraocb offlee. t«5 F Ht. Waahlngtor, D. C.
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Golobie, John. Oklahoma State Register. (Guthrie, Okla.), Vol. 17, No. 31, Ed. 1 Thursday, August 27, 1908, newspaper, August 27, 1908; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc112612/m1/2/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.