The Oklahoma State Capital. (Guthrie, Okla.), Vol. 16, No. 43, Ed. 1 Friday, June 10, 1904 Page: 5 of 8
This newspaper is part of the collection entitled: Oklahoma Digital Newspaper Program and was provided to The Gateway to Oklahoma History by the Oklahoma Historical Society.
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the OKLAHOMA STATE CArTTAL, VRIT>AT MORtftN'O .HINT! 10, 1904.
DETAILS OF
NEW RILE
Plan by Which Leases are
Collateral on Loans
ON SCHOOL LANDS
By ihe Conditions the School
Land Lessee, the Territory
and Money Lender are
Protected
Secretary Fred L. Werner of the
•chool land" board for several weeks
hug been considering the details of the
new rule passed at the regular school
land board meeting, by which safe
Hens may be made upon leases as .col-
lateral. The plan it Is thought will af-
ford complete protection to the les-
sees, the person making the loan, an4
the territory. The rule Is number 29
und In full follows:
ftule 28—Lessees of school lands may
assign their leases as collateral secur-
ity for a loan under the following con-
ditions- •
(a) The assignment to be executed
In duplicate upon a special form pro-
vided by the department" and signed
by the lessee and also by his wife In
case of a married man, and properly
acknowledged before a notary public.
(b) One copy of the assignment ac
cor-.<anied by the lease must be filed
in oie office of the School Land De-
partment within fifteen days after the
assignment is made, and a filing fee
of one dollar ($1) be paid therefor, the
other copy to be retained by assignee.
All assignments to be null and void
unless so filed.
(c) Lessees to .have sixty days af-
ter the maturity of the loan for re-
demption of assignment by paying the
full amount of principal and Interest
to date.
(d) After redemption period has ex-
pired If the loan Is not paid the lease
may be advertised thirty days In a pa-
per of general circulation In the county
wherein the land Is located and sold
nt the highest bid, said advertisement
to designate date, hour and place of
•ale, fhe place to be at the place of
business of the assignee or the front
door of the court house of the county
wherein the land is located.
(e) The proceeds of the gale to be
applied as follows: first, In payment of
all past due rents and assessments
due the territory; second, In payment
of the cost of advertising and sale;
third, in payment of loan and Interest;
the residue to go to the lessee making
the assignment.
(f) In case of advertisement of tho
lease for a sale a copy of the said
advertisement must be mailed the Sec-
retary of the School Land Hoard in a
registered letter and received by him
not less than twenty days before date
of sale.
(g> Full report of the sale and pro-
posed distribution of proceeds of sale
must be submitted to the department
under oath for approval before the sale
will be ratified and a new lease execut-
to the purchaser, and no sale will
ratified if the price paid is
not three-fourths of the appraised val-
ue of the improvements.
(h) When the cancelled duplicate
assignment or other satisfactory ev-
idence of payment of the loan Is pre-
sented to the department the assign-
ment will be cancelled and released on
the books of the department and the
lease returned to the lessee.
GUTHRIE FORTUNATE
HAVE BEEN NO FrRBS IN PAST
THIRTY-FIVE DAYS.
Since May 5, When the barber shop
at 109 north Second street burned
early In the morning there has not
been a Are in Guthrie. This makes
a period of thirty-flve days up to the
present time that there has not .been
a fire, something that "has not been
known to-happen in Guthrie before In
tho knowledge of the present fire de-
partment. Durlag the Oklahoma-I -
dian Territory firemen's convention in
Guthrlo early in Mdy,,four alarms were
turned in but there were no Arts.
FOURTH OF JULY B4LLS
YOU OAN GET THEM FROM THE
STATE CAPITAL dOMPANY.
Are you going to h«.ve a Fourth of
July celebration? Then you want some
full sheet bills in rwd, white and blue.
We can furr/sh them in these colors,
and wvth the big eagle or big flag at
prices as follows.
One hundred J 8.00
Two hundred - 10.00
Three hundred 12.50
Five hundred .... 15.00
TheBe ar<*«n^feets 24*38 and In red
white and blu* In ordering state
whether you want the eagle or the
flag as the emblem. Address.
THE STATE CAPITAL CO..
Guthrie, Okla.
There is no Substitute for
POWDER
Absolutely Pure/
it Is a Matter of Health
: GATES
WITHJIURDER
Sheriff Carpenter Arrests Ex-
Marshall of Langston,,
ARRESTS TO FOLLOW
1UST SERVE
SENTENCE
The Supreme Court Holds
Against Pink Smith
SET TERMS OF COURT
DEAFNESS CANNOT
BE CURED
by local applications as they cannot reach
the diseased portion of the ear. There
la only one way to cure deafness, and that
Is by constitutional remedies. Deafness
It* caused by an Inflammed condition of
the mucous lining of the Eustachian
Tube. When this tube Is inflamed you
have a rumbling sound or Imperfect hear-
In* nnd when It is entirely closed. Deaf-
ness is the result, and unless the Inflam-
mation can be taken out and this tube re-
stored to ItB normal condition, hearlne
will be destroyed forever; nine cases out
of ten are caused by Catarrh, which Is
nothing but an Inflamed condition of the
mucous servfees.
We will give One Hundred Dollars for
any case of Deafnees (caused by catarrh)
that cannot be cured by Hall's Catarrh
Cure flend for circular, free.
F. J CHENKY * CO.. Toledo. O.
flnld by Druggists, 76c.
Hall's fatally pills are the best
Postpone Commencement Exercises.
Because of the heavy rain last night
the commencement exercises of the Ross
Conservatory of Music were postponed
until Friday and Saturday night of this
week when they will be held at Broi
opera house.
Million
LE YOU SU£f
JHEV work
Admit Several Attorneys-Many
Cases Come Up For Dispos-
al- -Beauchamp Hands
Down Opinion
GUTHRIE NATIONAL BANK.
°">"T SS&.'.USJstf0"*
DlHBCTORt:
ip. A O. G. Btawvl. ft. Oatttn
C. Ousa. J. W. P&ry.
Frank Dale, JL. J. Brnm. Henry «• J
W H. Coyle, Soblberf. 1
OFFJ
u. c. OU&S, I
VtMfGMMOMMMN
ORVILLE T. SMITH.
President and Counsel.
A. S. PECK.
Seoretary
National Insurance Contpany
Of Dover, Delaware.
Incorporated 1900. Charter PerpetuaL
Paid Up Capital $150,000.00
Surplus to Policy Holders , $294,106.60
♦O^O*O*O#0#O*C*4O
Fire. Lightning and Tornado Insurance
.
Wo Insure Factorios, Stores, Dwell-
ings, Household Furnituro, Farm
Houses,-Barns, Elevators, Granaries.
♦0 0 0#0 0*D
A Home Company-
Premiums Kept in Oklahoma and Indian Territory. • |
All Losses Adjusted and Paid From This Office |
♦o o«o D«o*a
AGENTS WANTED 6
° * ©
principal Offices. 215 Oklahoma Avenue,
Guthrie, « Oklahoma §
In the supremo court yesterday an
opinion was "handed down by Judge
Beauchamp affirming the decision of
the district court of Logan eounty, In
convicting Pink Smith of manslaught-
er In the second degree and sentencing
him to three years In the peniteniiary.
Smith killed W. L. Mitchell, a farmer
near Mulhall several years ago, the
trouble arising over rhe trespassing of
some cattle. In the trial court Smith
admitted homicide but pleaded that
the shooting was done in self-defense.
In his syllabus Judge Beauchamp
held that:
"Where an indictment Is sufficient
in all other respects, a mere clerical
error and mistake In the spelling or
use of a word does not render the
Indictment invalid, unless It has ac-
tually prejudiced the defendant or has
tended to his prejudice In respect to
a substantial right.
"Errors of ihe trial court in its rul-
ing upon the admission of testimony
which In no way could prejudice or
tend to prejudice or affect the substan-
tial rights of the party •complaining,
is not sufficient grounds for a rever-
sal Qf a judgment.
"The jury In a criminal case may
And defendant guilty of any offense,
the commission of which Is necessar-
ily included in that with which he Is
charged in the indictment and when-
ever a crime is distinguished into de-
green, the jury, if they convict the
defendant, must And the degree of the
crime of which he is guilty, and when
there Is a respectable doubt which of
two or more degrees, he Is guilty he
can be convicted of the lowest of such
degrees only."
ATTORNEYS ADMITTED.
The following attorneys were ad-
mitted hy the court to practice law in
the supreme court, upon the recommen-
dation of the commission.
On dlplmas: Samuel C. Calhoun,*of
Oklahoma City; Arthur A. Stratford of
Enid: Guy Sterling Monatt, of Enid;
C. K. Hume of Anadarko.
On examination: Jesse Williams.
TERMS OF COURT SET.
The terms of court were announced
in supreme court yesterday and Greer
county changed from the fifth district
and added to the second district. Tho
terms have beeji set as fdWow*:
Second district. Justice Irwin: Cus-
ter county, at Arapahoe, September's;
Roger Mills, at Cheyenne, September
lo; Greer County at Mangum Septem-
ber 26; Cleveland county, at Norman
October 17; Kingfisher courvty at King-
fisher. October 13; Canadian county,
at El Reno, November 21.
Fourth district. Justice Bayard T.
Hainer: Special term of court for No-
ble county at Perry June 30; regular
terms: Kay countv nt Newkirk. Sept*
5; Osage nation. Pawhuska, Oct. io;
Pawnee county at Pawnee. Oct. 17;
Noble county, at perry, Nov. 21.
Fifth district. Justice Beauchamp:
Grant county, at Pond Creek, first
Mondays in F\rt>ruary and September
Blaine county at Watonga, tho first
Mondays in October and March; Wa-
shita dounty at Cordell, the four.th
Mondays In March and October; Gar-
field county, at Enid, the second Mon-
days in April and November.
* * THE BAR DOCKET.
The following cases came up for
disposal:
Holt vs. Murphy, Oklahoma county;
motion to dismiss overruled; motion
for continuance overruled; cause sub-
mitted
Herald Shoe company vs. Oklahoma
Publishing company.. Oklahoma coun-
ty; motion to dismiss overruled.
Brooks vs. Quftchert, Kay county:
motion to dismiss appeal sustained.
C. O. & G. It R Co., vs. Jacobs;
continued for term as per stipulation.
Lambert et al vs. The Town of
Langston. Ixigan county; motion
dismiss sustained;. not proper trans-
cript.
T>avis vs. The Territory, Greer coun-
ty; motion for continuance overruled.
Bradford vs. Brennon, Oklahoma
county; motion to dismiss taken with
case
Sparks vs. Territory, Woodward
county motion for continuance over-
ruled; ieavo granted to file briefs.
Plymouth Cordage Company vo.
Smith et al. K;i gfwl er county; mot'.on
to set aside orttar of dismissal and re-
instate overruled; application "to cer-
tify to supreme court overruled; ap-
plication lor continuance overruled.
Southern Pine Lumber company vs.
Ward et. al.; Logan county; motion to
dismiss appeal taken with record.
Waloher vs. Stone, Logan county;
days to file briefs; five days to plain*
tiff in error to reply.
The Great Western Manfg. Co.. vs.
Bahgate, Logan county; leave pranted
defendant In error to state addition-
al authorities In brief.
Reaves vs. Reaves, Logan county;
leave given defendant in error to file
brief 10 d%ys; five days to defendant In
error to file reply.
F. A. Richardson vs. Ellsha Penny,
Noble county; orally argued and sub-
mitted.
W. A. Wade vs. Mary C. Crouch, Ok-
lahoma county; orally argued and sub-
mitted; leave given to cite additional
authorities in brief; leave given de-
fendant in error to file reply brief In
five days.
The Guthrie National Bank vs. The
Fidelity and Deposit company of
Maryland. Logan county; orally ar-
gued and submitted.
Jeff Heatley vs. The Territory,
GreeT county; leave given plaintiff In
error 10 days to file reply brief after
brief of defendant in error is filed.
The Southern Pino Lumber company
vs. W. B. Ward, Logan county; plain-
tiff in error given five days to file
reply briefs.
M. L. West et al vs. the Ponca City
Milling company. T*>gan county! oral-
ly argned and submitted.
•Justice Hainer was assigned as judge
of the first district during the ab-
sence of the regular presiding judge
therefrom.
Officers Working on Theory
That Political Feud Led to
Langston Tragedy - Ayers
Made Dying Statement
Sheriff .Chas. Carpenter arrived in'
the city yesterday afternoon from
Langston with H. A. Gates, a negro of
that place, who Is Charged with the
murder of Attorney Ayres last Mon-
day night while the latter was addres-
sing tho city council of Langston.
Gates, who was formerly city mar-
shal of langston, was defeated at tho
last city election for the same of-
fice, and it 1s said he was greatly in-
censed over his defeat which is said
to have boen partly due to Attorney
Ayer's work against him. When seen
yesterday afternoon he Wmld not talk
He is a rather sljm fellow and very
dark.
It now appears that a statement
was made by Attorney Ayers after he
was shot to tbe effect that Gates and
two other 'persons whose names have
not been secured, were parties to the
crime. It Is "understood that sufficient
evidence has been secured to prove
that enmity existed between the par-
ties mentioned and Attorney Ayres,
and the arrest and confinement of
Gates is a result of the statement made
by Mr. Ayers.
Sheriff Carpenter left last night for
Langston, where he will place under
arrest the other two parties mention-
ed, and, perhaps more.
There were quite a number of peo-
ple on the streets of Langston on
Monday evening, when the shot was
fired, ad two or three people saw a
man running from the house In which
the deed was committed but no one
recognized him and the conservatism
of the people there about the mat-
ter has made It extremely hard for
the officers to unravel the affair. How-
ever the matter is being thoroughly In-
vestigated and the officers are con-
fident that they have the murderer or
murderers in the three who are under
arrest
^0Oooooooc aDOCHXWOOooooooooooocHx>ooooooc<H: oooooDoocLe
Just Received
A complete line of Base
Ball and Tennis Goods-
We are also headquarters for
Hammocks
ranging in price from $1-25, to $8.50
LAWTON BANK CHANGES
First National Sells to New Set
of Stockholders-Texas, Jowa,
and Missouri Capital
Postpone Commencement Exercises
Because of the huvy rain last night
the commencement elerclses of the Ross
Conservatory of Music were postponed
Attention Elks.
.JtHrle l< " "" """ ~
leav. ... Si I
of the first anniversary of th«- Institution
of Ijjrild lodjre No s?0, In a complimentary
special train at 6:30 p. m .Saturday, the
11th ult. AH visiting Elks cordlaliv in-
vited to Join J. FOITCART, Sec.
BROUGHT TO GUTHRIE
Special Dispatch to the State Capital
Lawton, Okla., June 9.—Today a deal
was completed whereby all the for-
mer officers and most of the stock-
holders of the First National Bank of
I aw ton sold out. ana now men take
their places. The purchasers are Geo.
Paschal and Guy C. Robertson, of
Lawton, W. H. Quinette of Port. Sill,
F. R. Rich of St. Louis, K. A. Robert-
son of Promise City. Iowa, and R. E.
Huff and W. M McGregor of Wichita
Falls, Texas.
I IN THE COURTS
ONE CASE FILED.
In the office of the clerk of the su-
preme court yesterday was filed the
following appeal.
Tho Doming Investment company,'
plaintiff in error vs. The Shawnee Fire
Insurance company. Judgment * was
rendered in the district court of Ok
lahoma county in favor of the insur-
ance company, from which declqfon
the investment company now appeals
to the supreme court.
IN JUSTICE COURT.
In tbe justice court of Geo. M. De-
Groff was brought a suit of Jennie
Hater mr C. A. Best, Tor the reple-
vin of personal property. The ftise
was argued in part and continued uo-
til this morning at 9 o'clock. '
EARL GROVES DIES OF FEVBR AT
OKLAHOMA CITY.
The body of Earl Groves, who died
at Oklahoma City of typhoid fever
Wednesday night was brought to
Guthrie last night and was taken to
his father's home on the west, side
from which place the funeral service
will be held. The young man who
had Just lately married, together with
his father and mother, Mr. and Mrs.
W. R Groves, have lived In Guthrie
for a number of years, the father and
son being engaged in the lathing and
plastering business. Tho young man
was 21 years of age when death claim-
ed him. No arrangements havo yet
been made for the. funeral.
If you don't feci like playing b^iso ball or
tennis and liavo that "Tired Reeling" our
Sarsaparilla and-our
Compound Celery Nervine
will build up your syatotn and make you"
reaily for any kind of sport or business.
Those are not patent nostrums, but aro
compounded of tho best drugs, scientifically
proparcd with tho formula printed on tho bot-
tle and we guarantee them to give satisfac-
tion or money refunded.
F. B. Little & eo.,
DRUGGISTS, J* ^ VICTOR BLOCK
H, C. BIAMSR, President.
P. P. BKAMUR, UMaxei
C Jt- HAVltilf omu\ V. P. and Trm
J. X'BAMK. UlOI, £ecr«te(*
The Laux-Beamer Co.,
Bonded Abstracters and GeneraHnsurance Agents
We make a specslalty.of.compiling abetractsjof title toaH
lands and lots Irvl-ogarvCowty, Oklahoma.
We represent a throng line of Fire Insurance-Companies
Logan County Bank Building* > Otifhefe, Okla
"Mrs. Kip's Clever Feet.
New York Press. •
Musical fj-am the tips of her Angers
to the ends of her toes'is Mrs. Ilenry
Spies Ktp. Besides being the best
amateur singer in society, she if| ac-
complished in tho mystic art of clog
dancing which she acquired last sum-
mer nt a time when her services were
jieeded In a presentation of a partic-
ularly strong vaudeville perforrpanro
in Newport. Her thoughts on things
musical run hlffer. however than the
varied though rifted specialties of the
vaudeville singe. Hn enthusiast on
grand opera, she knows every singer
In town, from Heath.Gregory to Melba,
and just now is planning to give a mu-
sical in Sherry's January 12. This will
be followed by other entertainments at
her home, at which SemOrlch and
Nordtoa -may be expected to exhibit
their high trills for the benefit of tho
favored few who chance ty receive the
limited cards of invitation which Mrs.
Kip is sending out.
R. R. Mailing Clerk.
Frank C. Cooper, ri.;nt mulling clerk
at Guthrie poxtrfttce lust night rerelv«-d
notification of hi.- appointment 'h rail-
way mailing clerk. He will leave at once
for bis new work.
► a#a#o#o#Q#a^o4D#a#o#o#D#o#c
J. B. Pairfield
> TRANSFER, COAL AND STORAGE * >
Receivers and Distributors of Car Lots.
Best Grades of Coal Always in Store.
Goods Packed, Stored and Shipped to Order
Quick Service at All Times.
Phone No. 20. * 407-409 West Harrison Ave.
One Way of Getting Even.
Rochester Herald.
President David Starr Jordan of Le-
land Stanford University, who was
born in Gainesville, N. Y.. tells a story
of an energetic Gainesville character,
who was known as "Red Morgan."
"Red Morgan was hired to
saw three and a half cords of wood at
60 cents a day. The farmer that hired
Red was a long-headed skinflint. -He
said:
"'Now Red you have no saw of your
own, so I'll rent you my saw for this
Job, and all I'll*charge you will be" 12
cents a cord. Is that all right?
'"Oh, sure, said Red. 'That's all right
and thank you for rentln' the saw to
me.'
So Red went to work and late in the
afternoon he finished the Job. Then
he reported to the farmer for his pay.
'Let me see,' said the farmer, 'I
owe you BO cents for the day's work,
you owe me for the rent of the saw
(three twelves arc 36 and the half* of*
11 is C) you owe nft' 1L' cents. " Right
cents balance. Well, Red, old fellow,
there doesn't seem to be much coining
to you, does there?' -f
"Red studied the matter out In si-
lonce. for a while, frowning and mut-
tering to himself. Then his face cleftr-
ed, and he .said:
•'"How onfortnlt it is, farmer, that
we didn't have half a cord more wood
to saw, fur then we would 'a' come out
Just square."' • .
POSTPONED!
The Eagle Excursion to Weleetka has been
postponed until some future date, owing to
the unsafe condition of the track, and the con_
tinued high water.
Parties having tickets will receive thier
money back-
Pleasure and Business.
President Scallion, of Ainnlgamatod
Copper, ifnd F. Augustus Helnze. who
emphatically declares that ho is not
of Amalgamated Co'pper, camo to town
on the same day last .week. Thei^
came on separate^ trains. Both were
Interviewed us *to" their purpose .in*
town.
"I came on business," said Mr. Scal-
lon.
"I came for pleasure," said Mr.
Helnze.
As these announcements followed
one another In the street on critic
said:
"Then they are both looking—for
trouble. That's Heinre's pleasure and
Scallon's business. It's a way they
have In Montana." '
W. M. BRONSON
L. C BRONSON
j
Bronson &-Bronson ;
Farm Loans,. Insurance and Abstracts
Only complete abstracts of title in Logan county.
You pay inteiest ant} principal at our office. '
• Oldesfand largest insurance agency in Oklahoma.
■?wcwBoR'a.nAv,,. Guthrie, Oklahoma I
• • •
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
? Liirdor
p :-v+++4-.^'V++++T'M,,f t+t'+t* * 4
Habit Cured |
in Three Days j
raa' h OfflfMi
isit b« rb<iMa
cbtusao, Ui.
Dr. J. J. McKANNA,
T«t«c>fcoi>f> as® 4-
Wee* Xlalb Sk. Oklahoma Olt/ *
Hoover Brothers' Livery Stable. >■.
HNEST RIGS. - - BEST HORSES. • £
- PHONE No. 128. 21 8 S. SECOND STREET £
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Greer, Frank H. The Oklahoma State Capital. (Guthrie, Okla.), Vol. 16, No. 43, Ed. 1 Friday, June 10, 1904, newspaper, June 10, 1904; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc125471/m1/5/?q=War+of+the+Rebellion.: accessed July 16, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.