The Oklahoma State Capital. (Guthrie, Okla.), Vol. 18, No. 196, Ed. 1 Wednesday, December 5, 1906 Page: 1 of 12
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.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
THE State Capital's
Fourth Annual
Magazine Bargain
Offer is now on.
See particulars in
this issue- second
page.
ih
VOLUME XVIII.
NUMBER 195
"TI
CPP the BlgMag-# !
azlne Bargain®
Combination*. de-
tailed oil 2nd page.
The best reaunig
for a song—and
you select the tune.
iING,
GUTHRIE, QKLAHOltflA, DECEMBER 5, 1906 ^
WEDNESDAY MORNING,
PRESIDENT SUBMITS
MESSAGE TO CONGRESS
.LYNCHING A NATIONAL EVIL
CONTROL OF COMBINED
| "-APITAL DECLARED TO
question !s further increased l y tbo
fact that the government bus now defi-
nitely Ih'mii a policy of resorting to
, the criminal law In those trust and in-
BE PARAMOUNT ISSUE, tprHtntu commerce oases where such a
• i course offer* a reasonable chance of
■ I success. At flrs*t> as wus proper, every
i j I effort was uiude to enfonte these laws
tAn Income Tax Demanded j civil proceedings, hut it has be-
Roosevelt Urges Free Trado lucretslnglj evident that the
• I tioii of the government in flnslly decid-
For Philippine Islands, Advo-j jn certain cases to undertake erim-
cate^ Federal Marriaje and | in"' prooeediuKs wns justifiable, nod.
Divorce Law and Maintenance! there raa-T b"* bwu ""n" coa'
spicuous failures in these cases, wo
of Powerful Naval Armament—jhuve bad many successes, which havo
Malcontents Characterized as1 undoubtedly b d a drterreot ofr«-t up-
Ion evildoers, whether the penalty In-
flicted was In tbo shapo of flue or Im-
prisonment, and penalties of both
kinds* have already been Inflicted by
the courts. Of course where tbo judge
can see bis way to tafllct the penalty
bf imprisonment .the deterrent effect
of the punishment on other offenders Is
Increased, but aufflclemtly houvy fines
accomplish ranch. Judge Holt of the
New York district conrt In a recent
decision admirably stated the need for
treating* with Just meveritv offenders
of this kind. Ilia •pi;:' runs in part
as follows.
Judge Holt Quoted. ,
"The government's evidence to es-
tablish the defendnnt's pniit was clear,
Harmful to Capital and Labor
Organizations—Fe'dcral Cora-
mission of Arbitration Needed-
United States Faces Duty of
International Arbitration—T!ie
Message in Detail
Washington, !Deo. 4 -Following Is the
President'® message to congress:
.To the Berate aud Uouse of liepresent-
| atlvss:
Aa a nation we still continue to en-
Joy a litef*41y unprecedented pros-
perity, find ft la probable that only j conclusive anil undisputed. The cose
reckless speculation nnd disregard of
legitimate business methods on the
part of the business world can. ma-
terially mar this prosperity.
No congress In our time has done
more good work, of Importance than
the present congress! There were sev-
eral matters loft unfinished at your
wus a flagrant one. The transactions
which took pliieu under this Illegal
contract were vory large, the amounts
of rebates returned were considerable,
und the amount of the rebate Itself
was large, amounting to mote than
one-flfth of the entire tariff charge for
the transj>ortntion of merchandise from
1 he
lust session, however, which 1 most 1 this city to Detroit. It is not too much
earnestly hope you will complete be-
lore your adjournment
Corporation Campaign Contributions.
I again recomraead a law prohibit-
ing all corporations from contributing
to the campaign Cipenfces of any party.
Huch a bill has already pawned one
house of congress. I.*>t individuals con-
tribute as tbey desire, but let us pro-
hibit effartive fashion all corpora
tions from making contributions -for
any political purpose, directly or indi-
rectly.
Government's Right of Appeal In
Crtmlnsl Cartes. • %
Another bin which has Just passed
one house of the congress and which
it Is urgently necessary should be en-
acted into law is that conferring upon
the govwnmeut the right of appeal in
to say, In my opinion, that If this bust
ness was carried on for a considerable
time 011 that basis- that is, If this dis-
crimination In favor of this particular
shipper was made with an eighteen
Instead of a twenty-three cent rate
uiid the tariff .rate wus maintain-
ed as "ngninst their competitors-the
result might be, and not improba-
bly would be, that, their con i etl-
tors would be driven out of business.
This crime is one which in its nature
Ih deliberate and premeditated. 1 think
1 over a fortnight elapsed between the
date of Palmer's letter requesting the
I reduced rate and the answer of the
1 railrond company deciding to grnnt It,
und then for mouths afterward this
| business was cnrrled on and these
; claims for rebates submitted month
after month and checks In payment of
criminal cases on quoatious of law. t^em drawn month after month. Such
Tills right exists in many of the states. '■
It exists In the District of Columbia by
act of the coograss. It Is of course net
proposed that in any eaae a verdict for
tiu* defendant oo the merits should bo
set aside. iWevnUy In one district
where the government bad indicted cer-
tain persona for conspiracy lu connec-
tion with rebut** die court sustained
the dutjondant's deunirror. while in an-
other Jurisdiction an indictment for
cuusplrocy to obtain rebates has been
sustained hy the coart, convictions ob-
tuinud under It and two defendants
sentenced to Imprisannaimt. 'The two
cases referred to as ay not be In real
conflict with each other, but It is unfor-
tunate that th**re should even be an
apparent conflict. At present there Is
no way by which the govermnent can
cause such a conflict, when It occars,
to be solved ^ an appeal to a higher
court, and tho wheels of Justice are
blocked without any. real decision of
the question, t cannot too strongly
urge the fausage of the bin In question.
A failure to puss It will reenrt In ecrl
oubly bumpering tho government In Its
eCoflt to obtain Justice, sspwtaUy
sgstast wealthy Indivldusls or corpo-
rations that do wrong, and may also
prevent the go^emnir.nt frwa obtuta
lug Jostles far wageworkers who sre
not themselves able effectively to con
test a case wh« re the Judgment of an
interior court has been agalust theui.
1 have specifically In view a recent de
cisirm by a district Jnflge leaving rail-
way emplof'res without remedy for
▼loistlnn of a certain so called labor
statute. It seems sa al>«nrdity to per-
mit a eiag> district Judge, against
what may be the Judgment of the Ini
manse majority of bis colleagues on
the bench, to declare a law solemnly
enacted by the congress to be "uncon-
stltetlonar and then to deny to the
forermaent the right to have the su-
preme eonrt definitely de*Wf the ques-
tion.
It Is well to recollect that the reel
efficiency of the law a/tan depends not
upon the*pusaage of acts as to which
these Is great public ex<Jtetn«Bt, hut
upon tho paawnge of acts of thts na-
ture os to wfilrh there Is hot much
public excitement, bacauae there Is lit-
tle public eaderetkrfMag of tfcdr <ni-
• portsnre, VtXIe the totassrfBfl parties
sre kx>f f «0h« tp the disability of
doistiOM bafflitanco
, —mw tm&i ta .r*Cfc«U t J#i'J"
veniencc a.iu u, <u.i n i«i*nurxii-
qussl public functions und which is
charged with the highest obligation In
the transaction of its business to treat
the citizens of tiiis country alike and
not to carry on Its business with unjust
discriminations between different clti
sens or different clesses of cltlsens
This crime In Its nature Is one usually
done with secrecy and proof of which
It is very difficult to obtain.
"The Interstate commerce act was
passed In 1887, nearly twenty years
ago. Ever sii ce that time complaint-
of the grautlug of rebutes by railroads
have been common, urgent and insist
ent, and. although the congress has re
pe&tedly gassed legislation endeavor-
ing to put a stop to this evil, the dltli
culty of obtaining proof upon which to
bring prosecution In tbase >asea is so
great that this is tho first case that
has ever been brought in this court,
and, as 1 am Informed, this case and
oue recently Brought In Philadelphia
are tbo only caaos that have ever been
brought In the eastern part of this
ountry. In fact, but few cases of this
kind have ever been brought In this
conntry, east or west. Now, under
theue circumstances I am forced to
the conclusion In a case In which the
proof Is so clear and the facts are so
flagraut,lt Is the duty of the court to |
tlx a penalty which shall In some de-
gree l e commensurate with the gravity
of the offense. As between the two do
feudants, In ray opinion, the principal
penalty shuuld be imposed on the cor
poratlon. The traffic maoager In this
case presumably acted without any ad-
vantage to himself and without any In
terest lu th« transaction either by the
direct authority or In aci-©rdaB<-e with
what he understood to be the policy or
tho wishes of his employer.
"The sentence of this court In this
case is that tho defendant Fomeroy for
each of the six offenses upon which he
hus been convicted be flned the sum
of $1,000, makiug six fines, amounting
in all to the sura of $0,000, and the de
fondant, the New York Central and
Hud sou Rivor Railroad company, for
euch of the six crimes of which It has
been convicted be lined the sum of
$18,000, making six tines, amounting lu
the aggregate to the sum of $1(18.000,
and Judgment to that effect will be
entered lu this case."
6ettlng Aside of Judgments and Grant-
ing of New Trials.
In connection with this matter I
would like to cull attention to tho very
unsatisfactory state of our chimin*.!
law, resulting lu large part from the
hnblt of setting aside the Judgments of
Inferior courts on technicalities abso-
lutely unconnected with tbe merits of < tory
the case and where there Is no attempt imo
to show that there lias been any failure <fo; 1
of substuntlal Justice. It wonhl be
well to enact a law providing some-
thing to the effect tliat-
No Judgment shall Ik? set aside or
new trial granted In any cause, -civil
or criminal, on the ground of misdi-
rection of the Jury or tlx' Improper ad-
mission or injection of evidence er for
error as to any matter of pleading or
procedure unless, in the opinion of the
(Continued ftn P;i
CONTEST .
•COMMITTEE
Majority Report They
Have Jurisdiction
BP TO IHt CONVENTION
DELEGATE KORNEGAY AR
GUES IT S WITH THE COURTS
IMPORTANT COMMITTEES
K *. HARRISON
B8th District, Calvin, I
CONGRESS
ON TODAY
National Delegates in Okla-
homa City
EIGHT LIVES LOST'?'
GOURANTZ ON PROGRAM,
| J lie Herald fi
I Eight 1 i v«• -
EXECUTIVE WILL DELIVER iu„t m
ADDRESS Of WELCOME j lust night. r
, dam broke,
Reported That Flood at Clifton
! Ariz., Destroyed Life and Property!
I California Uelegaiion Balks
at Message
Mil
ArU
President Murray Announces the
Liquor Traffic and County
In r ul
Ij. Moore, Delegate from the.
•t. Km id Oklahoma, was born
first
41 re reported to
l gn at flood ut l
he Detroit t'onoeu
ending a wall of
creek. Wires at -
I RESENT INTERFERENCE
I CLAIM NO TREATY VIOLATED
BY FRISCO
SESSION THREE
c!
id Clifton
be obtain
from t'lifto
-d until
iiet>sengers return
cntrol telephone station in t'llf
ihn boon *y band ••nod, having been ij
\ounced utixafe.
of Col. jbihn C. Moot
{ Kind; grandson of tho latel
id Moore of Missouri. He mov-
u; parents tn \v.. cm Initial Meeting Scheduled For
1 llvevl thure until His |
This Afternoon at 2 O'clock in
Chamber of Commerce Rooms- SCHOOL BOARD
, UNDER ARREST
Government Statistician and
• sided
I n troduced—Sideli gh ts
Important matter before the
Minnesota Delegates Arrive on
Ground Ei.rly
KansH.i, in 1ST:
nidther'B death In 1ST8.
. hia maternal grand-father. Alex. Free?
Boundary Committees County man, near Sumnium, Illkiois, until t.lm
Lines Will be Established by,
J pliis, .Mlsaotiri, from ISM. until the open-
Democrats More Propositions mi m ni<- <'iu r..kfe ouiitt in is«. ""i
was for several years IH-puty Circuit
Clerk and Recorder of Scotland County,
was on the enrolling force of this House j
In the Mlesourl legislature at thu regu-j
„l r m.lon. In M>1 ''nJ, '1",J"? 8p«I.U to mate Capllnl.
yeaUTday .he A<W N i", <2- ' "«V. Ok.. !>. «.-!««
«c ana county boundarl,,. It w.,s «uile I 1 " w|,h „„ [alll„, he !NathmU DmlW.fr c<.nBn- . which
a snnirtao to the delOBaten it is ,. whl.re IH-Klni. tomovruw. br-*an to iirrlve III
"y «0UW not he appointed -l^v.-ly , «««. In .he ',y Thorn- L. Can,,,,.
for Mn daj>. It la 8 veil nut tliat ' n . tlvn «eCTMary of (he 8t. IffllUn dlvlnlon
the roster of the committee on liquor ,
Traffic stand nine for cimHtltutlonal pro- j
vision and six for local opt.on. The dem-
ocratic politicians favor l< eal option and
they will •endeavor to have that kind of j
a clause in the constitution. It Is talke.l i
about that If a constitutional provision '
Is enacted In tbe constitution that it may
impair the changes of the adoption °f j
the constitution by the people. The ijues- j
tion will be thoroughly aired by the
delegates when the committee report!.
In the selection of the committed on
county boundaries, the president did not
name one member of the twelve apostles
but instead named ten members from
the Indian Territory and live from Ok-
lahoma. The latter consists of Robe-1«*,
Greer county; Tracy, Beaver county;
Tenor of county; Carf and T i
ner of Comanche county. It is gener-
ally understood tlfct the Indian Terrl-
! tory delegates have decided upon their
hlch constitute the .third and
•ongressional districts and It
now up to Oklahoma to map out their
lines in counties that are desirous of
• 'hanges. In the matter of naming the
county seats is yet a question and in ad
lability they will name the re
Bpeclnl to The sr.it
pltaol
Ayr* and It.
I txxind 1
the complaint
holding a certl
t<> ihe ctuirgisi
Mrs. MeCJreevy
>oc. 4.-JC. I., liming, II
. inembora of tho
ive been arrest d upon
of superintendent
nploylng a teacher not
Kate. They will answer
SIMILAR MOVE IN SENATE
! Rayner Introduces Resolution De-
mantling tho Presic'.ont to Notify
Japan and Other Foreign Gov-
ernments That Public School
Questions Are Not Under Gov-
eminent Supervision
have been exclusively engaged In the
general practice under the tirm name of
Moore iVr Moore. H- was married to
Miss Clara U iMkin «f MempJiis, M s-
wrurl. Oil June 21st. 18 . He was twice
elected city attorney of Bnld without
opposition and was democratic nomiaee
for Prol.at.* Judge of OirtWld county In
aK.MTiHt iron. J. K. Reauchatnp, and
again 11 1902 a gal
Garber, both la cr
< >klahon
only bee,,
ing prec r
RepnbH'a
and
the
,<-d in WW.
by
and carried *
bis opponent.
onitnated by th«
Hirteentn dlstrlci
onstltutlonal co
•very voting pre
Major D. W.
id highly reap
in now and has
Preside i
sBoclatloi
of the National Irrigation association,
: reached tho city hist night and this
morning H. S. McCowan, identified
with the Navajo project in Kiowa
county, arrived as did also C. J.
Blanchard, Statistician «>f the United
States Reclamation service, and A. G.
Bernard and M. J. Costello, delegate
representing Minnesota, appointed by
(the governor of that state.
The first .session of the congress will
be held tomorrow afternoon, begin-
ning at 2 o'clock, In^the Chamber ofj
/ Commerce rooms. After music, call to
' orfler and an Invocation by Rev. W.I
,ven- graham, pastor of the Presbyterian
, . church, temporary organisation will he
, .J,_ XTScted.
■cted Preparations have been made for nne
the in«x t Important mectinsrs con-
cerning the purpose Intended? ever
held, and doubtless groat good will
come of It.
\Vu«oneri To shut them out from the pub-
.. ,ii.:,ooi lie schols is a wicked absurdity
hoard wh i w •>, 1.1-us. >urg,ie thai wj,en there is no first class collearea
the toncher hohla an Illlnoe certlfl1 it* . ... . , . , .. .
and wi. n every v.;.y onaiiiuai to tin in the land, including tlie umver-
the position. ; sities and colleges of California,
! which do not gladly welcome Jap-
COURT IN SESSION aue3e students and on which Japa-
nese students do not reflect
Real Work ci the Terra Began credit. Extract from Presidents
Yesterday ; Message.
of the
and is
• r fra-
$110,000 ROBBERY A MYTH
Officials Clpim Cotton Belt Rob
bers Ciot But $5,000
A GERMAN COUNT
RENOUNCES TITLE TO
BECOME AN AMERICAN
'anon City. r,.lo., l>... t Tniu..
Hpwlat to the Hl.itP l.'npltal
South McAlester. 1 T„ Dee. I - Al-
though Ihe I'nlte.l Stales eourl for the i
central district of the Indian Torrl- j
tory met h<-re yesterday morning, its'
work really began this morning when;
Judge Clayton pitched Into the busi-
ness f clearing up the immense crlm-
ln-jl docket.
■ In order to facilitate business Ju.lg
Clayton has announced that those
cas. s where the defendants are lying
in Jail will be given the right-of-way
over all lother things on the docket.
The docket I* heavy with cases for th«
manufacture* sale and Introduction of
liquors.
The grind Jury, which Is In session,
will unnue tlonably ln<llct the Texas
have been shipping
and other liquors into
It Is the opinlot
, :,i department of Jifstlce ti
„.s nut have to be within tb
,.,'ion of the court to violate the f-
al laws and If this interpretation
L i ,v holds g<'•<!, the governor
ote for
nf the countire
t *rrlt
ble famlll
Sled hi
rraan
f bis lnten-||
Cult
Dallas, Tex
nt superintendent
Express company d
$110,000
held up th
Deleg
t >^t coinmltti
|orlt>
th-y had Juried
The
in rob
uli.bur Springs
Inlug 'I
Saturday
there
nslgn
__uld not
>5,00 In
1 und not al
more th;
be cas!
Washington, Dee. 4.- P:
volt's d t Islon reRHndii
clseo schtwl question li
lee, ;ved with great dlst
California delegation I
members of the delei
^t.lt«• were unanimous I
th:.t no treaty rights h
in excluding Javanese
tended by white childr-1
Heprreen *atlnp Hays
treaty of the United ati '
Iforn a fr.im running I
seen fit the treaty Is cl
Honal and should not st
A meeting of the fall
will soon be held to disc
"Francisco situation.
The siiKg -ijon In Presiden
age thfl
tral'zatl'i
Koosevelt'a
BHi KKWSIMPGlt BARtiAiK^
HtKt IS ft LIS1 Ot ItltM:
(FOR MAIL 55UBSCRIBHRS ONLY.)
Weekly State Capita] alitl Weekly Oklahoma Parmer, <)
the two pajjern ow ye;tr for Bdc and The Compendium ;;
j! of Greater Oklaltoiua," a 64-page book and the 8-coloi New -
State Map Frsi oi CbaJjfe. Fifty Certs gets all or these. |
!( O The Daily Oklahoma State CapitaJ to January 5,. 1907, jj
trn for Twenty-live Cents regular Price Forty Cents
8 month.
3 The Daily Four Months for $100, and ' The Compen- !;
dium of Greater Oklahoma"--A G4 page book—and .the
8-color new state map free of charge. The regnier price of the
Daily is $1.00 for only three months and the retail price of the t
book and autp Is Fifty oents So you get one month extra or
the Daily and the Book and Map Free. Tlie Compendium
contains the complete Enabling Act, to which you will want to
refer often while the constitutional convention is in session.
4 The Daily State Capital one year and any one of 26
Standard Magazines for only $3.50. The refnlar price
of the Daily is $4 00, and the Magazines are $1.00 a year, so
you get Five Dollars of Value for Three Dollars ajid Fifty i<
Cents;, abo gets great1 bargains in Magaiiue Combinations.
(See ad on another page )
It's up to you.
Which Bargain do You Whnt?
Remember the Daily State Capital Is tlie only paper
giving a verbatim report of the Constitutional Oonvention—
the great historio ovent of the State. Tho Weekly State
Capital will have a full report-but boiled down. If you want
to keep careful traok of the makers of the Constitution, send
your name In quick.
distasteful to
t one the California delegation In the house,
juris- I |g expected by the officials here
1 '""-'that a Judicial determination of tho
rights of the Japanese In California to
enjoy s.'bool privileges will be secured
through the institution of another sur.
In Sii'i Francisco i.efore the federal court
This- w II be brought by an individual
and will probably take the form of an
nppllcatlon for art injunction directed
to the school board enjoining them from
from entrance
long an th «se
o children "t
department °f
U j 1 M n will. If Is expected, be represen-
slj i ted In nay sufh proceeding.
ft r TVashlnRton, T>ee. 4—Senator Haynor
X j tod iv Introduced the following resolution
!on the Jananese question.
hat In the opinion of tho
rsy with
nt In ued on l'age Two.)
CHARLES L. MOORE
13th District, Enid, Ok.
State Capital Co.,
Guttclf. Oklahoma.
Deles a
the ti
21. if. Harr:*
district wus torn in K amltia county,
Cliu-'tuw nation In 1S77. lie Is a Choc taw
and ChlclTUHiW 11 P-^;d.- - ame 'roin
Mississippi In Is.:, i ended fr m i-4
C)io--tnw Chu f Preshmatoh, -mothsr ^ ^
a Colbert
entored Wspsmn kii Instltuto at U
I A of age remained until prepared
for college Bntesed Trtnity OrSlego,
C. In gradualIn Juno WSXT. Ac'ei^
.i* appraiser of landa for T>awes Com-
mineloti one year, when th«it work w i^
f\i.Iwhcti, l «catod ot Calvin, I T . whc-r%
b« ftfterward* oa an allot ment.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Greer, Frank H. The Oklahoma State Capital. (Guthrie, Okla.), Vol. 18, No. 196, Ed. 1 Wednesday, December 5, 1906, newspaper, December 5, 1906; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc126379/m1/1/: accessed March 28, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.