The Oklahoma State Capital. (Guthrie, Okla.), Vol. 17, No. 265, Ed. 1 Tuesday, February 20, 1906 Page: 2 of 8
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THE OKLAHOMA STATE CAPITAL, TTTSTHY TTOTmVr,. TTTITATIY SO, inns.
THE OPINIONS
IN THE CASE
blffarrnen bet«r«en the languafp used in
the notion under consideration in the
Allen Rlxae vb. the Commissioner! cmm
nnd the one at the tar In the former
cuHe, I hi1 language used was, "The coun-
ty treasurer Shall give notice" and III the
preutnt cam , the language •. "-A" delin-
quent taw*. Hii.tll, by I ho county tre««-
urcr, he advertised. In the Allen-Rixsc
vs. Commlsssloners It was distinctly held
by this <jourt that In selecting atieh
newspaper, he, meaning the treasurer,
In nut bound to select the particular
newspaper with which the county com-
missioners may have made the contract
to do the county printing, and It was
there held that the selection of a news-
paper to publish the delinquent tax list
In, was particularly wl'.hin ttto duti< *
presortl>ed for tho county treasurer, ami
It wsg u matter In which he alone hsd j pile
the right to denlgnuto the. partlcuh"', ^'|-
paper in which the advertisement was t< , ^
be made, and that in making such
Icct^ms he was not governed by the
tlon of the board of county commit
fis, and we think the samo prlfU
and the same holding Is nppllcabl
ti.'s ensp, and for that reason, tin r
erlt In this contention by pli
ntlff |
The legislature ha? given to the coun- j
y commissioners no authority whatever j ... .... ...
other attorney thin, llv | T"to the State < apltal.
to employ any-
one who Is employed
the p iblls interests,
made fflr j
Supreme Court Decision
Against Commissioners
FOR STATE CAPITAL
Judges Held Thai Treasurer was
Legally Authorized To
Give out tax List for
Publication
In the appeal of the county commls
sinners of Logan county against the de-
cision of the district court In the suit
for money due the State Capital for the
publication of delinquent tux uoticcH th<
cupremu court at Its atljourned session
hero sustained t'.ie decision of the lower
court. The commissioners contested
payment on the grounds that the county
treasurer was not authorised to Issue
the lists fer publication to nuch paper
as he chose. The ease was submitted
en an agn ed statement of facts by F.
21. McOulre and J. R. Cottingham
(When the decision of the district court
was announced the commissioners ap-
pealed, retaining Orvllle T. Smith as at-
torney. The supreme court. In Its de-
cision, declared that the retention of an
outahlp attorney was Illegal ami void.
The syllabus of the case follows:
3. Section 101. of chapter 76. of Wil-
son* Revised Statute#, 11103 makog It
"the duty of the County Treasurer to
rauxf all dellnqulnt taifH to be publish-
ed In some newspaper published In the
County In which said taxes have become
dellnqulnt, If any newspaper be publish-
ed in said county." t'mb r this statute.
It is made the duty of the treasurer to
select the newspaper in which publica-
tion Is to be made, and In making such
■flsctiqn he Is not governed by any order
or direction of the Board of County
Commissioners, In relation there to."
2. Beet Ion 1289. Wllfons Revised rttn-
tute*. 1MX! makes It the "duty of the
County Attorney to appear In the dis-
trict courts of the respective counties
and to prosecute or defend on behalf of
the Territory, or hla county. In nil ac-
tions or proceedings, civil or criminal. In
•which the Territory or county Is Inter-
ested, or a party."
This statute authorises tti* county at-
torney to appear for. and constitutes
him legal agent of the county in all liti-
gation pending in the district co.irt
whore the county is a party, and In man-
uging and conducting such litigation he
Is tinder no legal obligations to take
the orders or directions of the Doai^l of
County Commissioners In relation' to
such litigation, or the management
thereof, and his acts in relation to the
same are binding on the county within
the scope of his authority as agent.
S. Section Ml, Chapter lit. Wilsons Re-
vised statutes, 1*8, provides; "TV dls
trlet court may mak* a final Judgment,
i arrested for murder i
an order how to proceed, and require
BtfUl Board of County Commissioners to
NEW ORGANIZATION
Lnid Starts Commercial Club
With One Thousand
Members
lAN'I BE RELtASED
Habeas Corpus Proceedings in
Notorious Hughes Boys'
Case Withdrawn
Special to the Stat.- Capital,
Lawton Okla , Feb. ) '•—The habeas
Okla., Feb. 19.—A chamber of I corpus petition In the Jim and Beo
minei.v has been organised here and'llughes murder ease at Anadarko ha*
great den I of interest has bean urous- I been withdrawn without prejudice by
in projects to build up lite city. The the council of the petitioners because
membership will be one thousand and
ti!mo*t that number have already Joined.
Edmond Frunts has been elected pres-
ident and llnu quarters luised In the
Ctrfleld Bxcnangc block. A committee
will be nerit to Guthrie to purchase sup-
for (lttlng up the rooms. Next
Mi ml,iv night a meeting will be held
for the purpose of electing a secretary
who is to devote all his time to tho
work of the organisation.
V nilABANTKKII C'l'BE FOR P1T.F.S.
Itching, Hllnd. Bleeding or Protruding Piles.
Your druggist will refund money If PAZf) OINT-
MENT fails to cura you iu 8 to 14 daya. 60c.
TO REFORM TRIBES
Fred Hudson who It Is alleged Is un-
der the penalty of death In Missouri
Is Jo|ntly charged with li^rt Casey In
the killing of Deputy United States
Marshal Lute Houston, a brother-la
law of the Hughes in Cadijo county on
October 20, 1902. Houston was hung
In a tree and was hot while hanging.
It was believed' by the prosecution th it
the Hughts boys were the Instigators
of the crime.
O. and John Mallinis and William
Shaw turned states evidence against
the Hughes. J. Mallinis and Shaw
were working at the time about £he
place ond allege to be conversant with
dred witnesses will appear.
and
the fuc|s in the case. The trial will
l tw to represent Okla., Feb* 19.—To reform I coma up In the next term of the dls-
1 t contra, t the 1840 Indians of hl tribe Is the I trlet court held In Caddo county. Al
1 - ' ' ' - • 'Jennings of this city represents tho
Hughes in their case. Nearly one hun-
In the cast of Clough et al. vs Hart, I ti"? Information given out today by
reported In the Ml, Kansas on page fctf. the ''.lef to a representative of the
the Kansas supreme court says Constitution.
•The countv a'ttorm v is elected bv 1 The first move of Parker along this
the people of I lie county and for the great reform will be to get the Indians
county. He Is the counsel for the <oun-;to remain upon their allotments and
ty, and cannot he superaeibd or ignoi-jto i ultivuU the same. Most of them
e,l |,v the eounty '-ofnmlsslouers His dlitnw refuse to cultivate their lands.
retainer and employment Is from higher i Parker would have them make their
authority than the county commission-j homes so pleasant that each member
ers. The employment of a general at-j of the household would look to the even
tomes for the county ls not by tho law Ings they <>uld enjoy together. The
put into the hands >f the county com- Comanches both men and women, as-
missioners, but It Is by the law put in - j
to III. hand. 01 th. Itvoula them«clve . | «embto in their Hull, there to engage
The county attorney derives his author- ; in the games of cards or mounte, al-
ltv front as jjilgh i source u.i the county I vvayg playing for money. This is the
..loner, do their,, and W woul.l ; (h<y ^ a|wuy, „ut 0[ mim(.y
county attorne
of Interest upon the money they bor-
row.
The vlt
.vhlch worries Parker most
board of county conti'dsloners to tran-
sact the ordinary business of the county,
ae to say that the county commlsloners
could employ another attorney to tran-
sact the ordinary legal business of the Is that his tribesmen insist In securing
co intv Roth would be absurd. It Is -whiskey through the aid of the"boot
the duty of the eounty attorney to give ! legger." t'hlef Parker said,
legal advice to the county commission-1could only break up this iltss of vio-
ci h.' and not theirs to furnish advice to j lators, then there would be no trouble
or for him." j to accomplish our mission of reform.
Hence we think that the action of the The Indians first act after getting Into j year he was or
district court In refusing to grant a re- ;i drunken stupor is to gamble, and iry school at
net aside the Judgment ron- 1 there by loose all his money which 11 year ha wa® stationed at various posts
seventh that not ,alono surprised Kan-
sas, but the entire nation. We were
pu-blislving the Alliance Revle-w at Kiowa,
Kansas, advocating these principles so
dear to every one of the 'Slid guajd, '
and now after tlfteen years, to see those
cherished ideals scattered to the winds,
some advocated by one party and some
by another Is a trying ordeal.
There is but one course left, and that
is to cull the little band of these old-time
pops together In a mass convention, anil
by vote, decide either to maintain an
organisation In the face of difficulties
that are almost unsurmountaWe or vote
to disband the organisation and each
seek a political home where measures
are advocated or put into execution that
conform the nearest to his Ideal.
WHEELKR HAD EVENTFUL LIFE.
Kansas City Times.
Joseph Wtieeler, the American soldier
and legislator, who succumbed to pneu-
monia Thursday, was born In Augusta,
Ga.. September 10. 1VM. He was gradu-
ated at West Point In 18.19. In the. same
A to duty at the cav-
lislo, Pa. The next
Revised,jCAndensed and Brought Down to July I, I9CJ--AII New Towns and Railroads to 1 his Date Put
Into the New flap of Oklahoma and Indian ferritor-y.
Oklahoma and Indian Territory
(WW WILL mis DF
iiiiitimm mm iiii!|tw (iliriiwi
(Specially Prepared for the State Capital by Geo. F. Cram.)
IT PLEASES THEM All]!
THE FARMER.
THE MECHANIC -
OKLAHOMA STATE CAPITAL £
1
it interests every
member
of the family
BUSINESS
& c/A/.-reo
dered for the reasons that the county't would like for him to Improve his I New Mexico, and engaged in scouhuk
attorney had nut followed the directions |,ome with. And again my Indians j against th< Indians. He. resigned from
nnd advice of tho county (Jommlsaionei ■>' snme together almost uny season of! the United Btatfs army dn April. 1861, and
In regard to the conduct °f the lltlga- tyear, erect tepees and open up a entered the confederate service as tirst
tlon was correct, and should be sus- T RnrnP nf vftrds or mounte In broad run 1 lieutenant of artillery, lie was assigned
talned." Lf the public I ; m determined th.it I to duty at Pensacola. Kla. In "the fall ot
something shall be done to keep my that year he was commissioned a8
TO CTRF. A €'Oi.l> 151 ONE DAT j tribe from going to utter ruin." Quit-
To New and Old
LAXATIVH BlU)MO Quinine Tablet* h . V,.rv nx|,
nroggilta refund money if it fails to cure, j n*h 1,1 nxi
L. W. onOVU'H hitnuturo
comply therewith by msndamus or at-
tuchm.nt a« fur contrmpt."
I'nder the provisions of thlf statute,
th« J idge of the dlstr ct court. In < uses
appealed for action of the Itoard of
t-ounty t eaimlssloners, hai the authority
to rrnder final Judgment, and t<> make
all the necessary orders to carry the
fcaino Into effect, or he has the alter-
r.ative to ordpr the same to the contmls-
eipn«rs, with an order commanding them
to take the necessary proceedings In ae-
cgrdauco with hi* Judgment in the pre-
l.e-mentasessd- sblmS.rx ntstepoent hss
in the opinion as handed down, Judge
I>wln says;
"A reversal of this case Is asked for
en three dlaltnct propositions. The first
one Is, has the treasurer the right to
telect the newspaper !rt which to publish
the dellnqulnt tax lis!.- of the county."
The court has decided this propoal-
statu'e which In principle, It I
• Ml'ST I
Iter
pectns to us. l^ Identical with tho statut
under which this publication was mnde
"While the phraseology of the Iwo stnt-
i tt.t are somewhat different, le meaning
end Intention are exactly alike, and they
Should be treated a* similar statjtes.
In the ( i e of Allen and Itlxsc vs.
Hoard of Count . «'om ssloners of Clove-
1 ind county, us reported In the 12 Okla
ATTORNEY JACK H
ANSWER CHARGE
Guymon. Okla.. F«-I . in. - A Texas
sheriff came to Guymon one day last ■ amo
week and arrested Attorney Jack Harris best
on n charge of m irder. It up|>ears from
the Information at hand that an old ,
shoemaker wits murdered at Paducah. I
Texas over two years ago, and an |
attempt Is now being made to In some 1
way connect Mr. Harris with the crime j
The day before the <!d shoemaker dl.- j
appeared from Paducah he obtained a |
loan of ti*) of a banking institution In [
which Nr. Harris was at that time In- |
let. Med. and it Is alleged that Mr. Har- |
ris took on undue Interest in the mat - j - * ,
ter of getting the old fellow a loan, In t
th. wav of getting part es to go securl- Special to the State Capital.
ty for the oorrower The old man dls- Madill, T. T., Feb. 19.—Last night while
appeared the night aft- i getting th^ loan L harlpy M, Koen and Crock Hobs were
ami several months later his remains j
icovered In some out of the way |
nd all circumstances suggested i
ilt<n that he had been murdered i
nel and placed In command of the nine*
that the author- I teenrh Alabama infantry, with whh h he
Itles In Washington pass some laws] participated In th. first campaign lp
whereby they will compel nn«S j Kent.icky nnd Tenness. e.
nm4ie Indian to remain upon | At the battle of Shiio, April. IS'J. he
his estate. ' anfl men Mrefe !n ,,li' f«remoat rank.
Qunn.ih will leave soon for Washing-j They won spe.-ial commendation on the
ton to confer with the nreKldent upon I rteld and In official rep r*
various matters In cona tion with day he took
his tribe and he may ask the pretl- j subsequently,
dent for advice as to the most fease- J P*rf<
ablo met hod to peraue to secure the at lor
j to the command of the cavalry dlvlslo
A FREE GIFT
OUR DAILY OFFER |TO STATE CAPITAL READERS
Subscribers Alike S'1
= c
I
Dally, One Year, by mail $4.00 y.
The Single butte Map and Wall l'l
Atlas 2.50;!;;
nand of i
with the sit
etl efficient servl.e
round Oirlnth. He
o mm and of the <
Total Regular Price ..
Our Price Now for
AM
Get the new Single State Map, Map of th
United States and of the World. Five I
$6.50 Latest, Best, Complete, Accurate Maps,
$3.50
VICTIM OF SHOOTING
Man Wounded by Presumably
Accidenial Discharge—Ex-
pected io Die
holdh
of the army of the Mississippi July. lJfc
and Immediately made a successful ral
In West Tennessee, hater he was ver
active In tnany of the
l.ragK's Kentucky campi
General Buell at buy
Bragg took Mumfordsvllle,
dlstingtiished himself In I
Perryvllle.
Wheeler was made chief
Hratg's army Oct.rber. 18fiJ, and on the
thirtieth of that month was promoted
brigadier general. He covered Ilragg's
southwest retreat and greatly retarded
Bucll's advance, commanding
airy In Middle Ten
! Oklahoma Farmer
The Single Stale Map and Wull
ittle of
\alry
hsd.
Mr. Harris
nd of SI.MX).
fin.*, this com
ti statute wh;
duty 9t the i
t had ii'ider oonHideration
h provided that it was the
junty treasurer to give no-
•' of real property for taxsn
itlon there of once a week
secutlve weeks, commene-
third Menday In Oetober
at th^ house of Husle V
In the waist of Mali's pants was accl- I an
dentally discharged shouting MeKeen
through tho bowels and Susie Wettel ! g(.
through the thigh. The doctor says that m,
McKeen will die. , oo
Hobs lias not be. n arrested, a# lie , ^ {
claims it an accident, the ball made a I n,.
flash wound on his body at the walat. I o
federal line:
front, and when
jargo,
mak- J1;
ins a Wall Chart and a Beautiful Calendar !;
__ ,, that is both useful and decorative in your Sj
nnp WPPK-I Y fiKccn ■!' J'01110 or Office. It won't cost you a penny.
OUR WEEKLY OFFER «S< enp fox- it. Use coupon below.
Weekly. One Year $ .50 j -.p.
•50 bhuwa tlia $ sgraphy of twl*t , if each btate Is also printed on this
2 Cjn' territories as it aever betorn baa been .sheet, and there is too much to de-
j depicted. Each county is in a sep- seribo. fitter send In before the edl- i
arate and distinct color. The county lion is exhausted.
Total Regular Price $3 50 <'at is iu heavy type. The township r r\
Our Price Now for (P \ "nd range lines and numbers are ae- J) Z . D U i1 K C. t,
All J) \ Ull irately engraved and altogether it
| is equal to the largest school map. Alike for Dally ami Weekly sub-
lar as practical value goes. ALL ! scribers. Thrown in with each vearly
subscription. See coupon below.
to Get It
You need not pay an e*tra rent fori
! the magnificent Wall Map and Singh
State Map. It is given absolutely free
and to the subscribers who pay a year .-j i
Coupon for $2 P
ckan
ember
•ceding the sab'.
BODY IIN CRfcLK
KNOWN 1XXTOK DRO^'NEl
WIIILK O.N CALL.
McAlester, I. T Feb.. ,17.-Th
In W. II. Cleckler. one of th
retreat Aom Mta
covered the confederate
ting his activity In
ie raided the enemy's t-
harp engagements, and
on Hherman's Hank durl
tward march, nnnoyting t
nd
lany
it the
. principle there is i
Dyspepsia
Is an indication that the
stomach and othar digestive
organs are weak, tared or
debilitated. It, causes no
end of acbes and pains and
is most, common whr <e
people bole their meals < id
hurr y and worry as they
do in this country.
Hood's Sarsapar Ua
cures dyspepsia It h "o
magjctouch " tt\ this <" aso.
For. tMdmonialt of remar k to ui*1
tmi ttr Soak <"> 4-
'ZTl - C. L Ho < Ce.. W®w* MM,
i; i B> soT oitKsiBS
to the Kent
IV until the
t«' cavalry divi«
ago in the wi
landed the troo
Here is a Description of
This Fine Gift.
Five DeautiXul Maps and the Flags
be t k p.," | of Al! Natious of tho World iu Coiorj
mil Nashville, with a handaouio illustrated Calendai
it s* ne river. Great biducation for the children m
your home. Handsome, convenient,
major useful.
ATLA& CARRIED THE World on
his shoulders. You ensi haug it on your
wall and txamlne it al your leisure
„ ; Get the Wall Atlas and iiugle state
,i Map. it is a handsome educaUoaal
.Rlk.v I necessity.
Ki u. 1 11 >ou don t know- l00k at fhe map
The State Capital ha.s secured the ex-
, , ' elusive right to Cram s new Wail Atlas
, , and Single State map. A combinutiua
, " of Five maps and frontispiece, show-
11 , ing the flag* of all the nations or th..
e fed-1 worU1' shie ld would be cheap by itaelr
ier*he I leys arid Coats of Ar r^s
of Wll Nations.
hither Beautiful Calendar, froui jujy 1(
crated | 190. . to Docetuber, 31, and .lags'
sh. coats of atuijtt and national emblems
• md ot" all nation! Calendar from .\lai\ii
to January, Inclusive, surrounded by
views of thfti w^te House. Nation.:;
1 t ap al and (Jonitreasional l.,braiy
lbt. e are combined in harnionloui
, r nnd pleaalng I combination around th,.
calendar, making a colored border n, it
must be seenj to be appreciated Kach
THE NBV/ RAILROAD and new
towns are accurately shown and the
towns are all indexed, so that Ihey I_I _
can be easily located ..rt the map. 1 1 U w
Map of the Unitod States
and Panama Canal.
With u History of tho Canal.
This is a map of the L
a complete topographic map of the subscription to the slate Capital
Panama canal, with a history of the , '"ake* no difference whether you are
canal project. an old or a new subscriber; whether
This is not an ordinary advertising or not your subscription has expired
map, but it is the best world alla3 whether you have paid in advance or
eve:- published, it is replete with are in arrears. Just pay a years
much detail and is^ invaluable lor subscription and the beauuiui colored,
reference purposes. Each state is col- | valuamo Wall Chart and Single Siai
STATE
SIK:
ent
UAL CO., Uutn-
um Department
find $2.00 in
ion by mail to the Dally State
Capital. In consideration of your
ending mo at once your Single
Hate .Mip and Wall Arias (valued
it 50) con lain ing large main ot
h* Eastern Hemisphere, the West-
rn Hemisphere, a mar* showing
of the world, a map of
tho TTnlt
Oklahom
.! I revi
down to
ndia
tho ma
Territor
of
condensed, and bi
ly 1. 1905, I hereby
Pally State Cnpit
onr« year and
tlonal at th<
time the ?? 00
xolratfon of the
losed pays for.
ored aud the capital i:i shown in con- |
splcuous typo IT IS WHAT YOU j
NEED. WHY NOT GET IT?
t i t i i r> t i n : | I i i e. ,
This map :3 engraved after entirely |
new ideas and without doubt the most '
beautiful and practical reference map j
evii- printed. The land Is shown in
colors and watr * in black, making a
con rast that brings an Immediate
correct impressiou of sizes and rela-
tive positions. It also shows the sail-
Iuk routes and distances between ini
portant ports. It has been framed so
at to ornament the panor or reading
room IT WILL PLEASK YOU.
Western Hemisphere,
ail the leaturts shown in the
Map will bo forwarded to you postal
prepaid. Teachers everywhere recom-
mend th^se maps and are enthusi-
astic in praise of tncm. Nothing half
as good nf its kind has ever been plac-
ed on the market for less than three
($3 06) dollara. You get It for uou-
Ing.
till hill He
until September,
flag is colored just like its original ni"P of ,he eastern hemisphere. These
All the earl^ and late U. S. flag* afl . iwo maps give you the very latest
Ensigns are groauped together. u0 u-ap of th" world.
you know otlr country's flags? 1 j Index to Towns.
A Modern War Map Below the map ol ualahoma an I
IN all Details. • ln.li n Tfrritor; i* ikowa « II,t
Topograph' war ^ JUncJlur, J
•tUdjr (j,.
tics regardirn crops, areas, tempera-
tures, rainfall and other topics of dailv
Interest.
Statistics.
All proWucta in detail of the United
Russo-Japanese war. You and the
lady" and t|>c children
war at yout leisure.
Accurate Map of tlie New
Stafo f Oklahoma
First aud only Single State Map 0;
Oklahoma and Indian Ierrltory, show-I States shown from the ceusua'of
Ing each recording district in the in. 11900. Also population of towns nf
dian Territory. Ibis is the tirst map 3.000 and over. Also gives dates <*
ihowiug the new state of Oklahoma as ' vrst settlement of each state, date of
It will be. 'Emission to statehood and man*
This ma« I" entirely new engraved I other uaefv.l facts. A lir.le hlstorv
Fill out this coupon for the
DAILY and MAP:
THE STATE CAPITAL CO., Guth-
rie. Okla.:
SIH3:— Enclosed find 53. r,o in
payment of one years subscrip-
tion to the Daily State Capital.
Please send me, free of cost, The
State Capital a New Wall Atlas
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map of the United States, the late**
.-.ingle State Map of Ok lahoma and
Indian Territory, showing all the
new railroads and towns.
I also enclose S to pay
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NAME
PostofflCQ
Territory
E. F D. No
Date this coupon Is sent In
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Mounted With Gold-Lac-
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nia:l AT ONCE the ili^ Single
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las (valued at $2.50). containing
large maps of the Eastern Hemi-
sphere, maps of the Western Heml-
gpher, maps showing all flags of the
world, a mnp of the Unit* | . . s
and .i latest down to date Single
Slat.- Map of Oklahoma and tho In-
dian Territory, ahowlag all tlis
now railroads r.nd towns.
NAME
Poatolflco
R. F. D. No
Date this
pon Is sent in
thi
Five maps and frontlsplect
ing in colors all tho lla^s
world. These maps are lastened io-
aether at the top by means or gold
lauiuered metal. Each map Is print
, a on ;i sbert 2Sx3« inches In aiz.
and bc-,/°r lts klnd'
OPTGNV
Lpsv« your name and amount ^Ith
your po«tm« tcr and ho w.11 #.,,d
Address I'n iiiium Departiueut, TheStaleCapilal, (iutlific, 0, T.
Cut out and fill out one of the
abova coupona to tend In your ordair.
u
\
I
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Greer, Frank H. The Oklahoma State Capital. (Guthrie, Okla.), Vol. 17, No. 265, Ed. 1 Tuesday, February 20, 1906, newspaper, February 20, 1906; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc126040/m1/2/?q=j+w+gardner: accessed June 23, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.