Luther Register. (Luther, Okla.), Vol. 8, No. 35, Ed. 1 Friday, March 29, 1907 Page: 3 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.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Sec it. Tho commission shall ascer-
tain, and entor o( record, which reoord
•WaU be a public record, as early u
practicable, the amount of money ex-
pended la construction and equipment
0*r, mile of every railroad and other
.public service corporation in Oklahoma,
the amount of money expended to pro-
cure tho rlfht of way, and the amount
|0f money It would require to recon truct
tho roadbed, track, depots and trans-
iportatlon facilities and to replace all
jthe physical properties belonging to the
railroad or other public service corpora-
tion. It shall also ascertain tho out-
standing bonds, debentures, and Indebt-
edness, and amount, respectively, thereof,
when issued, and rate of interest, when
«3ue, for what purpose issued, how used,
to whom issued, to whom sold, and tho
price in cash, property, or labor, if any,
received therefor, what beo&me of the
proceeds, by whom the indebtedness is
held, the amount purporting to be due
Shereon, the floating indebtedness of tho
company, to whom due, and his address,
the credits due to t, the property on
hand belonging to the railroad company
or other public service corporation, and
the Judicial or other sales of said road,
its property, or franchise, and the
-amounts purporting to have been paid.
And in what manner paid therefor. The
•commission >shall also ascertain the
amounts paid for salaries to the offi-
cers of the railroad, or other public
service corporation, and the wages paid
its employes. For the purpose in this
section named, the commission may em-
ploy experts to assist them when need-
ed, and from time to time, as the infor-
mation required by this section is ob-
tained, it shall communicate the same
to the attorney general by report, and
file a duplicate thereof with the state
examiner and inspector for public use.
and said information shall be printed,
from time to time, in the annual report
of the commission.
Sec. 30. No transportation or tTrans-
mission company shall charge or receive
any greater compensation, in the aggre-
gate. for transporting the same class of
passengers or property, or for transmit-
ting the samo class of messages over a
Shorter than a longer distance, along the
ame line and in the same direction—
rthe shorter being included In the longer
distance; but this section shall not be
•construed as authorizing any such com-
pany to charge or receive as great com-
pensation for a shorter as for a longer
distance. The commission may. from
time to time, authorize any such com
pany to disregard the foregoing provis-
guch
along, over or under the same, to a man-
ner not permitted to the genral public;
the term "person," as used in this arti-
cle, shall include individuals, partner-
ships and corporation* !n the singular as
well as plural number; the term "bond"
shaJl mean all certificates or written
evidences of indebtedness issued by any
corporation and secured by mortgage or
trust deed The term "Crank" shall
mean any writing or token issued by or
under authority of a transmission com-
pany, entitling the holder to any service
from such company free of charge
The provisions of this article shall' al-
ways be so restricted in their application
as not to conflict with any of the pro-
visions of the constitution of the United
States, and as if the necessary limita-
tions upon their Interpretations had been
herein expressed in each rase.
Sec. 36. After the first Monday In Jan-
uary. nineteen hundred and nino, the leg-
islature, may. by law. from time to time,
alter, amend, revise, or repeal sections
from nineteen to thirty-six, Inclusive, or
any of them, or any amendments there-
of; provided, that no amendment made
undt>r authority of this section shall con-
travene tlie provisions of any part of
this constitution other than the said sec-
tions last above referred to or any such
amendments thereof.
Private Corporations
Bectlor* 1. As used in this article, the
term "corporation" or "company" shall
Include all associations and Joint stocK
companies having any power or privi-
leges. not possessed by individuals, and
exclude all municipal corporations and
public Institutions owned or controlled
b ytho state; the term "charter" shall
moan the charter of Incorporation by or
under which any corporation is formed.
The term "license" shall mean tho au-
thority under which all foreign corpora-
tions are permitted to transact business
In this state.
Bee. 2. No private corporation shall be
created nor foreign corporation licensed
to conduct business In this state except
by general law.
Sec. 3. No corporation shall Issue stock
except for money, labor done, or prop-
erty actually received to the amount of
tho par value thereof and all fictitious
Increase of stock or bonded indebted-
ness shall be void, and the lagislaturo
•; mil preicrlbo tho necessary regulation•
to prevent tho Issue of fictitious stock
or bonded Indebtedness. The stock and
indebtedness of corporations shall not be
increased except in pursuance of general
law, nor without the consent of tho per-
sons holding tho larger amount In value
of the stock first obtained at a meeting
to be held after thirty days' notice, given
ONE COUNTY
BRINGS SUIT
GREER OBJECTS TO TRIPARTITE
DIVISION
WOULD IGNORE INJUNCTION
BUTTON THEIR OWN WAISTS.
WANTS AN INJUNCTION
ACTION, IT ALLEGES, HAS DE
PRESSED PROPERTY VALUES
Ions of this section, by charging
rates as the commission may prescribe
as Just and equitable between such com- m pursuance or law.
pany and the public, to or from any \\ j corporation organized or do-
Junctional or competitive points or local- ^s. ^ i 5? shall 1)6 P
ities, or where the competition of points to in/luence elections or officla
located without this state may make duty by contributions of money or any
necessary the prescribing of special rates ; "iln# or \*lue-
for the nroteetion of the commerce of Bee. o. No corporation chartered
for the protection of the commerce of
this wtate; but this section shall not ap-
or li-
censed to do business in this state shall
■nlv to milenire tickets or 'to "an*v SDecial I own hold or control, in any manner
excursion! or commutation rates, or to whatever, the stock of any ™-pe.:tiye
special rates for service rendered to this j corporation, of ln" of
Stale or to the United Statefl or in the the sanie kl!ul of business, in or out of
?nteres? of some pubfuf object?'when such I "'e _ state, except such stock as may be
tickets or rates shall have been pre-
scribed or authorized by the commission.
Sec. 31. No railroad, oil pipe line, tele-
phone, telegraph, express or car corpora-
tion organized under the law 5 of any
other state, or of the United States, and
doing business, or proposing to do busi-
pl edged In good faith to secure Iona
ride indebtedness acquired upon foreclos-
ure,e xecutlort, sale or otherwise for tho
satisfaction of debt, in f.l cases where
any corporation acquires stock in any
oilier corporations, as herein provided, it
shall, be required to dispose of the same
within twelve months from the date of
cordance with the laws of this state. ,
Sec. 32. The said commission shaJl
jorpoi — _
by order of the corporation
onimlsslon. No trust company bank or
have Power.^and^lt ta , hereby^made^1U | ^anlclnn company shall own, hold or con-
duty, to
or passenger rates on railroads in
state, and wlion the same are. in the
opinion of the commission, excessive or
levied or laid In violation of the inter-
state commerce law, or the rules and reg-
ulations of the Interstate commerce com-
lmission, the proper officials of the rail-
roads are to be notified of the facts and
[requested to reduce them or make the
proper corrections, as the case may be.
When the rates are not changed, or the
proper corrections are not made accord-
ing to the request of the commission,
it shall be the duty of the latter to noti-
fy the interstate commerce commission
and to make proper application to it for
relief, and the attorney general shall rep-
resent the commission in all such mat-
ters.
Sec. 33. In all Jury trials, the Jury
shall return a general verdict, and on
Jaw in force, nor any law hereafter en-
acted. shall require the court to direct
the jury to make findings on particular
questions of fact; but the court may,
in its discretion, direct such special find-
ings.
I Sec. 34. Any person, firm or corpora-
tion owning or operating any coal, lead,
iron or zinc mine, or any saw mill, grain
elevator, or other industry, whenever the
commission shall reasonably determine
that the amount of business is sufficient
*o Justify the same, near or within a
reasonable distance of any railroad track,
may at their or its expense, build and
keep in repair a switch leading from
such railroad to such mine, saw mill,
elevator, or other industry; such rail-
road company shall be required to fur-
nish the switch stand and frog and other
necessary material for making connec-
tion with such side track or spur under
such reasonable terms, conditions and
regulations as the said commission may
prescribe, and shall make connection
therewith, the party owning such mine,
sfvw mill, elevator or other Industry, to
pay the actual cost thereof. If any rail-
road company, after proper demand
therefor is made, shall refuse to furnish
said material for making said connec
tion and put the same In place, or after
the building of such switch, shall fail or
refuse to operate the same, such railroad
-company failing and refusing for a rea-
sonable time, shall forfeit and pay to the
party or corporation aggrieved the sum
«of five hundred dollars for each and
every offense, to be recovered by civil
action In any court of competent juris-
diction; and every day of such refusal
on the part of the railroad company to
operate such switch as aforesaid, after
auch demand is made, shall be deemed
a separate offense.
Sec. 5. As used In this article, the
term "transportation company," shall in-
clude any company, corporation, trustee,
receiver, or any other person owning,
leasing or operating for hire, a railroad,
street railway, canal, steam boat line,
and also any freight car company, car
association. ex#-ess company, sleeping
car company, car corporation, or com-
pany, trustee or person in any way en-
gaged In such business as a common
carrier over a route acquired in whole
or in part under the right of eminent do-
main. or under any grant from the gov-
ernment of tho United-States; the term
"rate" shall be construed to mean "rate
of charge for any service rendered, or
to be rendered;" the terms "rate,"
"charge." and "regulation," shall In-
clude joint rates, not charges and Joint
regulations. respectively; the term
"transmission company, shall Include
any company, receiver or other persons,
owninR, leasing or operating for hire any
teli'Rraph or telephone line: the rerin
"freight" shall be construed to mean
liny property transported or received for
transportation, by any transportation
company. The term "public service cor-
poration" shall include all transportation
and transmission companies, all ga«,
electric light, heat and Power compa-
nies and all lpersons authorized to ex-
ercise tho right of eminent domain, or
to use or occupy any right of way,
street, alley or public highway, whether
this i tro'' *n any 'uanner whatever, the stock
' of any other1 trust company, bank or
hanking company, except such stock as
may be pledged In good faith to secure
b.yia fide indebtedness, acquired upon
foreclosure, execution, sale or otherwise
for the satisfaction of debt; and such
stock shall be disposed of In the time
and manner hereinbefore provided.
Sec. 6. Every license issued or char-
ter granted to a mining or public serv-
ice corporation, foreign or domestic, shall
contain a stipulation that such corpora-
tion will submit any difference It may
have with employes In reference to labor,
to arbitration, as shall be provided by
law.
Sec. 7; No corporation, foreign or do-
mestic, shall M permitted to do business
1 ntiiis state without first filing in the
office of the corporation commission a
list of its stockholders, officers and di-
rectors, with the residence and postoffice
address and the awiourt of stock being
held by each. And every foreign cor-
poration siialj,. before being licensed to do
i;;ndnc>.=o lii thid <5t«te deal en ate an agent
tiiiitness ill thld state, designate an agent
residing In the state, and such designated
agent or other agents as now ane or
may hereafter1 be provided by law, and
service of summons or legal notice may
be had upon whom suit may be maintain-
ed against a foreign corporation in the
county where any agent of such corpora-
tion rfiay be found or in the county of the
residence of plaintiff, oi4 In the county
where \hP cause of action may arise.
Sec. 8. No foreign corporation shall
be authorized to carry on in this state
any business which a domestic corpora-
tion is prohibited from doing, or be re-
lieved from compliance with any of the
requirements made of a similar domestic
corporation by tho constitution or laws
of the state. Nothing In thM allele,
however11 shall restrict the power of the
legislature to discriminate against, any
foreign corporation whenever and in
whatever respect it may deem wise or
^Se^^'No foreign corporation licensed
to do business in this state shall, with-
out the consent of the other party to any
suft or proceeding brought by or «*aln t
It in any court of th* state, remove the
same to nnv federal court without for-
felting its license to do business in tho
S*HePr\ 10. No person, firm, association or
corporation engaged in the Production
manufacture, distribution or sale of any
commodity of general use shall ti
nate between different persons, firms or
corporations or sections, communities or
cities of tho state by eel in* such com
modttv at a lower rs.te In one section,
community or citv after mak.ng due al-
lowance for the difference I any. in
the grade or quality, and In the actuaj
coat of transportation from the point 01
production or manufacture. .,
Sec 11 The legislature shall provldo
for such penalties and regulation.
mav be necessary for the proper enforce
ment of the provisions of this chapter.
(To be continued next week.)
Claimi Provisions of Enabling Act
Are Violated—Another Petition
Being prepared — Woods,
Woodward, Beaver and
Payne to Get Action
GUTHRIE: Attorneys from Greer
county Saturday filed suit In the dls
trlct court of Logan county seeking
an injunction to restrain delegates to
the constitutional convention from
adopting the section of the constitu-
tion which divided Greer county into
three parts. The attorneys are Charles
H. Eagln, A. M. Stewart and A. R.
Garrett of Mangum and Horace Speed
of Guthrie, In behalf of the county
commissioners of Greer ccunty, rep-
resented by County Attorney Charles
H. Thacker. J. J- Adams, a member
of the county board, swears to the
petition.
The suit repeats the allegations
made in the case instituted several
weeks ago in the supreme court, and
in addition asserts that the value of
Greer county property has l^een great-
ly depreciated as a result «f the di-
vision and that the taxable value has
been reduced in consequence. The
petition asserts that the constitutional
convention was entirely without au-
thority to disturb boundaries of exist-
ing counties in Oklahoma which were
established by act of congress, and
that it had authority cnly to make
new counties necessary to establish a
state government.
It is also set forth that the division
is a violation of the enabling act, which
prescribed the boundaries of the Fifth
congressional district and included old
Greer county la that district. The di-
vision, it is claimed, created new c un-
ties in the district which were not
named In the enabling act as coming
within the boundaries, and is there-
fore a violation of that act.
The petitioners also claim that the
division of existing counties was pure-
ly a legislative act beyond the juris-
diction of a constitutional convention.
The petition prays for a temporary
restraining order and that the order
be made permanent, and asks that the
Injunction be granted before the dele-
gates reassemble on April 16 to affix
their signatures to the constitution.
Another suit is being prepared by
the Greer county attorneys, seeking a
restraining order to prevent the su-
preme election board from creating
election machinery and calling an
election in the new counties cut out
of old Greer.
Preiident Murray Defines His Action
If Courts Interfere
GUTHRIE: William H. Murray, j
president of the constitutional con-
vention, who was here Monday, states |
that if the Oklahoma courts grant an
injunction Interfering with the conven-
tion in county division matters, then
the convention will apply to the Unit-
ed States supreme court at Washing-
ton or the federal court of appeals at [
St. Louis for a writ prohibiting the J
local courts from Interfering.
"I do not believe we will pay any j
attention to the injunction cases that ^
have been filed by Greer caunty, but |
In case the courts do act, then we will
apply for a writ of prohibition. When
we were elected delegates to the con-
vention I did not know that Chief Jus-
tice Burford and the other members
of the Oklahoma court were to write
the constitution."
The committee named to Issue an
address to the people setting forth
the salient points in the constitution
and asking the support of the people
of the state, will meet here on April
1 to get to work on the address. Chair-
man Mike Kane of Kingfisher states
It will be quite lengthy and It is an-
nounced also that it will be attached
as a rider to the constitution.
The supreme election board of the
new state met here Monday. John M.
Young cf Lawton was elccted perma-
nent chairman, with J. E. Wyands of
Muskogee, permanent secretary, and J.
C. McClelland of Pond Creek, perma-
nent treasurer and vice chairman. All
the officials are democrats.
New York Women Have Surmounted
Great Obstacle.
Marvelous as It may seem, Ne%
York women have lately discovered a
way of fastening their waists up the
back without calling for assistance.
Thought not lacking In generosity, they
became so tired of the outstretched
palm of the chambermaids that they
now feel that It Is time to guard their
pockets. The Gotham woman discov-
ered that If she put her blouse on
hind side before, with the sleeves
hanging free, it could be fastened
from top to bottom, with the excep-
tion *f the hooks at the neck, and
then turned around and the arms
slipped Into the sleeves without un-
duly straining the fastenings. So sim-
ple! So strange that no one had
thought of it before. Or is It possible
other women have used the Fl->n and
meanly kept It to themselves? Will
the waist that buttons In the baclc
low have a new leaso of lifeT
FIFTEEN YEARS OF ECZEMA.
HITCHCOCK BOOSTING
GUTHRIE: The authority of the
supreme election board, created by the
constitutional convention for the con-
duct of the first state election, was
questioned in a suit filed in the dis-
trict court here late Monday evening
by Horace Speed, former United
-States district attorney for Oklahoma,
on behalf of Joseph J. Adams, a citi-
zen taxpayer of Greer county, asking
an injunction to restrain the board
from taking any action whatever to-
ward holding the election on August
6th, submitting the constitution to the
people, from appointing any election
officers, from furnishing books, sup-
plies and papers for the election, and
from doing any of the things placed
under its authority by the convention.
The allegations of the illegality of
the election board are based on the
fact that it takes away from the right-
ful election board under the Oklaho-
ma laws, which were extended over
Indian Territory, the duties belonging
to that board, which Is composed cf
the governor and territorial secre-
tary.
It is stated that similar suits to this
one will subsequently be brought in
Woods, Woodward, Beaver and Payne
counties.
Ex-Secretary Optimistic Regarding
future of Southwest
ST. LOUIS: E. A. Hitchcock, for-
mer secretary of the interior, has re-
turned to St. Louis and to private life.
He says he intends to devote the re-
mainder of his days to his family.
"My resignation from the cabinet
was not influenced in any degree by
the attacks which were made on my
methods of dealing with the frauds
which have been perpetrated on the
government lands," he said. "I have
always acted on my conviction that
every law on the statute books should
either be enforced or repealed, and I
have striven to deal In the matter
justly and without favor. I am con-
fident that the pursuance of the pres-
ent policy of the government in refer-
ence to the outrages regarding the
public lands will eventually eliminate
the possibility of their continuance.
"Mr. Garfield Intends to pursue the
same course of investigation and
punishment of offenders In this res-
pect. Lately he has brought to Jus-
tice a number of men. Bartlett Rich-
ards of Nebraska was fined $1,500
and sentenced to one year's imprison-
ment for illegal fencing of land. Two
or three others have received like
penalties."
In speaking of the great southwest
territory he said: "It is the garden
spot of the country. The business men
of St. Louis must look forward to this
territory for trade in the future. All
of the conditions are conducive to
rapid growth in the next few years.
I predict a much more rapid develop-
ment of that section than there was
In the northwest. Oklahoma and the
Indian Territory will be merged into
a state within a year and there is
every prospect that this new state
will be cne of the most populous in
the union."
Mr. Hitchcock will leave shortly for
his summer place in Dublin, N. H.t
where he says he Intends to devote
himself to his own enjoyment. He
says that, while he has no Intention
of ever ag.iln entering public life, he
will always take an interest in all
that is best for his country.
Terrible Itching Prevented Sleep-
Hands, Arms and Legs Affected
—Cuticura Cured in 6 Days.
"I had eczema nearly fifteen years.
The affected parts were my hands,
arms and legs. They were the worst
in the winter time, and were always
Itchy, and I could not keep from
scratching them. I had to keep both
hands bandaged all the time, and at
night I would have to scratch though
the bandages as the Itching was so
severe, and at times I would have to
tear everything off my hands to
scratch the skin. I could not rest or
sleep. I had several physicians treat
me but they could not give me a
permanent cure nor even could they
stop the itching. After using the
Cuticura Soap, one box of Cuticura
Ointment and two bottles of Cuticura
Resolvent for about six days th«
itching had ceased, and now the sores
have disappeared, and I never felt
better in my life than I do now.
Edward Worell, Band 30th U. S. In-
fantry, Fort Crook, Nebraska."
Like Monks' Chartreuse Best.
Chartreuse, the liqueur of the Car-
thusian monks, was the invention of
an aged baker. On the expulsion of
tho Carthusian fathers from Franco
the Chartreuse receipt was sold at
auction for $1,750,000. The French
buyers undertook, however, a losing
business, for the monks are now mak-
ing their liqueur in Spain and epicure*
prefer It to that of the French firm.
it
Teachers Are Uneasy
The Rock Island Teachers' associa-
tlon concluded an Interesting session
at Duncan after locating a summer
normal there and electing Prof. C..W.
Klrby conductor. In regard to the
normal the teachers are confronted
with a peculiar condition of affairs on
account of the changes that will be
made when statehood goes into effect;
Oklahoma will not recognize tho cer-
tificates that'hate been issued by the
Indian Territory normals nor will the
present school management of that
territory have anything to do with the
i normals on the Indian Territory side
at this time.
CHARGE WOMAN WITH MURDER
Was Trailed by Bloodhounds From
Where Body Was Found
FRANCIS: Mrs. Sarah Brooks of
this city has been arrested charged
with the.murder of Dr. J. W-. Daven-
port. after being tracked by blood-
hounds. The antmals followed flhe
the lifeless-body of the P^-
Siclafi' to the home of the Davis- Worn-,
an and (50m there to ftfe .ho^e. of a
neighbor where_„*he was visiting.
When Srrested the; wOtoidTiad a 're-
volver, one chamber of which wa?
empty. It is said that jealousy was
the cause of the killing.
Mrs. Lydia Taft has been appointed
postmistress at Kingsley.
Ai
FREED ON SECOND TRIAL
Harpster, Charged With Murder,
Is Acquitted
NEWKIRK: The jury in the Al
Harpster case returned a verdict of
not guilty. Harpster was charged
with the murder of Martin (Julian,
near Ponca City, in 1905.
At his trial a year ago on the same
charge, Harpster was convicted and
sentenced to serve ninety-nine years
in the penitentiary. After serving
nearly a year he was granted a new
trial upon the confession of Byron
Cole, who said that he was .Julian's
murderer. The evidence against
Harpster was purely circumstantial.
The confession was not allowed to
grr before the jury, but the attoreys
for the .defense in their efforts to in-
troduce it ereated a -idoubt in the
minds of the jurors, and this was what
freed Harpster.
Poor Paint is Expensive
If one is rich enough to repaint his
buildings every year for the pleasure
of hiving a change of color scheme,
the quality of the paint used may cut
little figure. But if it is desirable to
cut the painting bills down to the least
amount possible per year, it is of the
ntmo3t importance that the paint be
made of Pure White Lead and the
best of Linseed Oil. There are imita-
tions in the form of alleged White
Lead, and there are substitutes in the
form of ready-prepared paints.
We guarantee our White Lead to be
absolutely pure, and the Dutch Boy
on the side of every keg is your safe-
guard. Look for
him.
SEND FOR
BOOK
MA Talk 011 I'aint."
give* v laablr> infor-
NATIONAL LEAD COMPANY
in whichever of the follow-
ing citif it nearest you :
New York, Bctno, Buffalo. Otomlssi,
Cincinnati. Oblenjio. St. Lout*. Phlln-loi-
lln 1 JohnT. Bros. Oo.ii Fltutuumb
Phil* John T L wl«*Bro«
lNation%i L«M"i * OU Oo.l
TULSA: The.grand,, lodge T. O. O
F. of Indian Territory met in Broken
i rrow Tuesday for a three days' ses-
sion. Five hundred delegates at
tended
SICK HEADACHE
Positively enred by
these Little Fills* i
They also relievo Dis-
tress from Dyspepsia. la-
digestion and Too Hearty
Siting. A perfect rem-
edy tor Dizziness. Nausea.
Drowsiness. Bad Taste
in the. Mouth. Coated
Tongue, Pain In the Side.
TORPID LIVER. They
regulate the Bowels. Purely Vegetable.
SMALL PILL. SMALL DOSE. SMALL PRICE.
GamiinB Must Bear
Fac-Stmils Signature
REFUSE SUBSTITUTES.
CARTERS
CARTERS
ITTle
IVER
PILLS
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.
Sarjent, E. Luther Register. (Luther, Okla.), Vol. 8, No. 35, Ed. 1 Friday, March 29, 1907, newspaper, March 29, 1907; (https://gateway.okhistory.org/ark:/67531/metadc140466/m1/3/: accessed March 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.