The Herald-Sentinel. (Cordell, Okla.), Vol. 20, No. 48, Ed. 1 Friday, September 22, 1905 Page: 2 of 8
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HERALD. SENTINEL
•nd MESSENGER.
OORDKLL.
OKLAHOMA.
NEW STATE NEWB
DRAWING JURORS
JUDOE PHILLIPS' DECISION It
CAUSING OKLAHOMA JUDGES
NO END OF TROUBLE
The First National bank hi
onam.nl at colbert, with a ogtui JURIES ILliCAl ACCORDING TO STATUTES
stock of $55,000.
Oklahoma City ha* a population of The S«vrn Judge* of Oklahoma Havo
32,915. according to the new city dl
rectory, which ha* Just been com
pleted.
A horse belonging to a farmor near
Purcell died last week of hydropho
bin. The animal wa* bitten by a
rabid dox more than two month* ago
Ardmore people are making
ration* for the big fair and race
inn to St Mi at that plaoo Oetober
l?th and continuing for Ave day*.
In a stampede of bor*e* at the
county fair held at Enid laat week.
Snyder St ruble. aged ten years, was
kicked and *o badly injured that hi*
recovery I* doubtful.
Savon Different Way* of Getting
Around Law—Juno* Cannot bo
Drawn From Ballot Boxo*
GUTHRIE: The .even district
judges throughout Oklahoma art* hav-
ing a strenuous time of it in their at-
tempt* to hold court in the face of
the decision of Judge Phillip* of the
circuit court of appeal* at St. Louis,
that the statutory method of getting
grand and petit juries iu Oklahoma
ha* not been followed, and that the
drawing of juries from the ballot
boxes of the various counties cannot
be legally done. Court convened the
first of last week as follow*: At Still-
water. Judge John H. Burford, presid-
ing; at Hobart. Judge John H Pan-
coast presiding: at Pond Creek.
Judge James H Beauchamp presid-
ed Oscar and John Stevens, wh* inR; at Newkirk. Judge Bayard T.
are charged tilth assault with Intent Hainer presiding; at Lawton. Judge
to kill Tom Campbell, were givon • Krank E. Gillette presiding: t Te-
prellminary hearing before Judge cumseh. Judge Benjamin F Burwell
Rcbnett at Ardmore and wero held presiding: at Cheyenne. Judge Judge
under bond to await the action of the clinton F lrwln presiding
grand jury. , |n convening court at Newkirk.
Judge Hainer stated to the member*
The local lodge of Elk* of El Reno of the bar that in accordance with
w.ll give a minstrel *how in a few the decision of Judge Phillips, no
weeks. Their new home will aoon legal juries could be secured In Kay
he ready, and the lodge will give a county by drawing the names from
grand house warming. the ballot boxes, as thl« method I*
illegal, for the reason that the poll
The sixteenth annual convention of book* throughout the territory have
the Oklahoma \Y. C. T. l\ wa* held not been made up in accordance with g g McGuire. Such a request has
at Shawnee last week A memorial the statute*, and Judge Phillip* holdbeen made of McGuire by attorney*
commending Governor Hoch of Kan- that the statute* are mandatory. Theian(j other*, and he will take up tb?
tore Jurie*. and all defendant*, where
indictments are returned, in any of
the court*, will rely upon (he decision
of Judge Phillips in taking appeal*.
A well known attorney is authority
for that statement that every case
tried this fall will be *ppealed.
In the court at Tecumseh, Judge
Burwell notified the attorneys that ho
eblieved that neither the grand jury
or petit jury *re legal The attor-
ney* requested the judge to hold a
term of court without juries. *nd thi*
method is being followed there at
the present time. The attorneys, by
a vote of 25 to 4. requested that case*
be tried without juries. A large num-
ber of prisoners are awaiting trial,
and some the action of the grand
jury, and the civil docket is crowded,
but all must go over. At Latwon
there are 12$ criminal and 237 civil
cases on the docket, and In the entire
territory it is estimated there are
(00 criminal cases and 2,000 civil
cases awaiting action.
By papers on file in the office of
Attorney General Simons, it is ascer-
tained that in 18%, when Judge
Frank Dale was presiding over the
district court here. John Scot horn, an
attorney, in defending John Huntley,
charged with murder, raiaed the point
of legality of the grand and petit
jurhs. following the same argument
laid down by Judge Phillips recently
at St. Louis. Huntley was convicted
of the murder of Samuel Manning,
near Crescent City, in this county,
and was sentenced to th^ peniten-
tiary for life. Judge Dale promptly
overruled the point raised by Mr.
Scothorn. and was afterwards sus-
tained by the supreme court of Okla-
homa An account of this case Is
to be found on page 60, seventh
Oklahoma statute.
In all probability the remedy for
the nresent existing conditions will
be obtained from congress, during
the winter session by Congressman
*as for his act in having water in- blank oaths which, under the law.
stead of wine used in chr.stening the should be attached to the poll books,
new battleship Kansas was adopted. 10 he sworn to by judges and clerks.
are not on the books. For this rea-
matter Immediately after his arrival
In Washington. It is hell that con-
gressional action is really the only
remedy offered at the present time.
Ia referring to what he holds to be
the mandatory character of the Okla-
homa statute. Judge Phillip* sums up
the case thus:
"Whatever may be the personal
view* of this court of such extreme
SANITARY BOARDS
NATIONAL CONVENTION OF THE
ORGANIZATION HELD AT
GUTHRIE
The attorney general of Oklahoma son ^old that jur.es drawn from
las given an opinion that the county ballot boxes would be illegal.
depository law. known as the Noff- Judge Hainer. therefore, held that
singer law. passed by the last legts- H* common law of obtaining the
lature. Is mandatory, and bank* ac- Jur,os must bo tollowcd. by issuing a
cepting county deposits must pay one venire to the I nited States marshal
per cent interest on dally balances. t0 *lect sixteen men to act as grand | laudative acts, whereby the interest
and give *u Ac lent bond to cover de- juror*. an<1 thirty-six men for pcti'!cf public justice In the particular
posits. Jur>' *ervice. from out of the county c88e m>y b thwarted by the escape.
_____ This same method of obtaining a , 0f ^e offender, and however unseem-
The Marietta rod and gun club ha« Jur? uas followed by Judge Frank jT 5t may appear to the court that,
been organised, and the member* G,lle,te at Lawton, and it is uad>- the legislative branch of the territory
have subscribed' $:; 000 to build a fish 8t00d that Jud^ Bortord will adopt should thu? wpress <uch lack of con-
pond. the sele t on of th> site to be tbe s*m0 p,*n *h'never nttempts a,v fldence in the integrity of the judicial
Line Lowered in Western
Oklahoma—Convention Voted for a
Change in Open Season—The Mai-
loin Test for Glanders Discussed
GUTHRIE: The national conven-
tion of the state live stock sanitary
board held a two-days' session in this
city last week. Pre*ident W. P.
Smith of Montlcello, Illinois, called
the assembly to order. Governor
Ferguson welcomed the delegates to
the territory. The response wa* giv-
en by Dr. D. F. Lucky, *tate veterin-
arian of Missouri. Very little time
was wasted in getting started, and
the delegates were soon hard at work.
The first feature of the convention
was the annual address of the presi-
dent, Mr. Smith. He held the atten-
tion of the deleg*tes for about *n
hour, making interesting recommen-
dations for action, both by the associ-
ation and by the bureau of animal in-
dustry. He was given authority to
name two committees, one on resolu-
tions. to be composed of five mem-
bers. and another on open seasons, to
be composed of one delegate from
each state represented, and one mem-
ber of the bureau of animal industry.
President Smith recommended that
more discretion be given cattle In-
spectors regarding the twenty-eight-
hour law. which provides that cattle
being shipped must be unloaded at
the end of each twenty-eight hours
watered and fed Mr Smith says he
has known of instances where cattle
would be unloaded at some unimpor-
tant small station ar the end of a
twenty eight hours' run. when. In fact,
they would be within thre hours ot
market He believes under such clr
public hydrants, tach teamster carry
ing his own bucket.
Numerous recommendsttons were
made regarding change* in the fed-
eral quarantine line In the United
States, and ** most, If not all of them,
have the sanction of Colonel Albert
Dean, the southwest agent of the
bureau of animal industry they will
no doubt be enacted by the depart-
ment.
SEVERAL CHANGES IN QUARANTINE LINE In Oklahoma the federal lino 1*
| lowered, in acrordance with the re-
quest made by Secretary Tom Morris,
placing the line along the Rock 1*
land railroad "d Caddo county, west
to the Kiowa county line, thence
south to the Comanche county line,
thence west to the Red River, and
thence up the river northwest to the
northwest line of Kiowa county.
Thi* places the counties of Washita
and Roger Mills, tbe northern half of
Caddo and that part of Kiowa north
of the boundary line of Comanche
county, above the federal line. All
this new portion above the line, how-
ever, is placed under a special quar-
antine, cattle being shipped there-
from on proper federal inspection.
The convention voted to have the
open season for the transmission of
cattle from one atate to another,
November 1 of each year until Janu-
ary 31, following; excepting in the
states of Virginia, North Carolina and
Missouri. In Virginia and North Car-
olina the open season will extend
from December 1 annuallv to March
15. Tbe only change in Missouri Is
in accordance with tbe special permit
in bringing cattle from Arkansas.
At tbe suggestion of Col. Dean tbe
convention recommended that do
tick infected cattle shall beallowedto
enter tbe Cherokee Indian antion,
north of the north line of the Creek
nation and extending east to the Ar-
kansas state line, without having
first been dipped in crude oil; tbe
•ame provisions as now govern the
shipping of cattle into the Osage na-
tion.
Tbe mallein test for glanders was
a subject of a great deal of interest.
There were seemingly as many opin-
ions regarding it as there were dele-
gates The test, when applied to
liOrses and mules, is supposed to
cumstances it would be much better prove whether or not tbe animal Is
made later.
J O. Hogan and G A Clem of Pry-
or Creek have sold s.x hundred head
of cattle to Mound City, Mo., men,
the price to be $£0,000. and delivery
to be made oa November 15. The
cattle are to be fed in Missouri be-
fore being shipped to market
made in his court to knock out dfsicretion of "the judges of its courts,
regular juries or account of tbe de- the polky of such enactments meets
clsion of Judge Phillips with the approval of the legislative
According to many of the best departments, which the judicial de-
known attorneys of the territory, in partroent can neither control nor dls-
cluding Judge John Devreaux of regard."
Guthrie, the common law juries wi!! The attorneys for R. Wright,
not stand before the circuit court of who is in the federal jail here under
appeals no better than have the regu- sentence of death for the murder of
lar juries of the territory. William Slattery in tbe Wichita
Dr. S J Hardin of Meers has made In ,be •« Hob#rt Jud*- Paa" ^oiata ns a y >ar ago are jubilant
a deal on his mining property near ov*mil6d a11 motions made t? 0Ter ,he d<*,s,on of Jud*e Philip?.
Meer; Tbe doctor ha« on > of the regular juries, and h« and are basing their hopes thereon
. promptly followed the old plan of in an appeal now before the Oklaho-
drawing the juries from the ballot ma supreme court. They boid that
boxes, thus going contrary to the under this decision the grand jury
opinion of Judge Phillips At Caey which indicted Wright was Illegal,
enne Judge Irwin followed the same and also the jury which convicted
w Kw>„ ., _ course, and at both Hobart and Chey him.
property r.** b.vn sold. They have . . . . ,
< —«*- —
At Cheyenne. Judge J W Scothern MUSKOGEE The attention of Mr
the assistant United States attorney Mellette, the district attorney, ha«
most complete drill outfit* in the
mountain, which goes with the mtn
ing property C R Woodruff of St.
Joseph and C S Mttchell of Kansas
CUy are the persons to whom the
amount of development work in the
mines.
If the law 1* a'lowed to *<**P**d «he grand jury and secured been called to tbe fact that a certain
without interruption Rufus Lyon. Indictment against a prisoner held notary public in the western distrlct
«*>red. will tv MW** 11 Artnor* ,or <r"> AI,ort" > McMu"rle """d' *' ««««*> h" "' orttr by p r-
Fr dav Should Rnnnn h* * motion that the jurie* be set aside, forming marriage ceremonies. Ac-
ft k/ tv first leral 00 ®c«>un, of ,he **°n ot Jud*e <™dln* 10 the ,hls
.0 ZJZ Z T* monon «« overruled U;J«MM. by . Bn. of <™n. W ..
m v . by Judge lrwm $100. Thi? records of the court show
<* «Hohar; ,bf
W >rk on the new hotel at Sapulpa
has been commenced The plan* for
the bulld.ng call for a structure six
stor.es uigh. and the cost w.ll be be
t*een 175.000 and IIW.000.
CONFEDERATE REUNION
GRAND PRIZE FOR APPLES
The Agricultural and Mechanical
college has entered upon Us four
teenth year, w th an enrollment of
more than seven hundred.
Or R. W. Caldwell of Hugo has
been tendered an npivlntment as
physician In the isthmian canal ser
vice. Dr. Caldwetl is secretary of
the medical board of the central dl*
trict of Indian Terr lory.
Tbe Chamber of Commerce of
Shawnee has taken up tbe week ot
(stablWVng a beet >ugar factory la
that city A committor ha* been ap-
porteJ to Interest the fa~a*r« a
tfctt xlciaity is the prv.k^L
Tbe K.*.nta« Cl^ v Waring kc«e has
to;:: ej tbe te*rv -u; VrUi of kj
ac.i ptinct Cf tit :er*« v( collertkw
if t z reals per hnndrod or fmrttca
rtff for a^l coJectw^t made by
tv.ioral bank*.
Southern Veterans. Their Sens an1
Daughters Mei t at Oklahoma City
OKLAHOMA CITY: Tbe inter
territorial reunion of the United Con-
federal veterans of Oklahoma and
! Indian Teritory held a two days' re
, union In this city last week. FUo
hundred veterans and sons and
daughters of veterans were present.
A number of notable sp^kers mere
present. Mrs Marion Wallace Vail
of St Louis, who did noteworthy
work in southern hospitals during the
war. spoke briefly, and she was re-
ceived with special enthusiasm. Tbe
praade was participated in by cHi-
rens of Oklahoma City and viators,
and fully two thousand persons were
a line The veteran* prxxxmnced i-
owe of the moot successful reunions
«ver held, and toey will gtnlly return
to Oklahoma City if ever occasion
itself
Tulsa I* Awarded the Gold Modal at
the Lewie and Clark Expooition
TULSA: Secretary Walker of the
Tulsa commercial club has received
notice that the award committee tn
the agricultural department of the
Lewis and Clark exposition at Port-
land had awarded Tulsa tbe grand
prixe for the b?st apples shown. The
notice was accompan.ed by the dt-
pk>ma and a letter. Tbe letter stat-
ed the medal was being struck at the
governeent mint at Philadelphia, and
would be forwarded at an early date.
The territory was awarded the granl
prue for corn at the St Louts fair
Tbe ap?les ca exhibition at Portland
were grown by different farmers ?■
the ixmediate vi inity of Tulsa.
to run the cattle on into market, and
he recommended that In such cases
the officers be allowed to use their
discretion.
President Smith also declared that
a strict enforcement of the twenty-
eight hour law would compel north
ern railroad* to build quarantine
yards at almost every station, if the
law requiring that southern cattle be
unloaded only in quarantine yards !s
infected with glanders. This discus-
sion was under the direction of Dr.
L. C. Tiffany, assistant state veter
inarian for Illinois. Drs. Luckey of
Missouri and Ward of Minnesota
also discussed the subject The opin-
ion. finally adopted, was to the ef-
fect that this test is gooj as a dJag
nostic measure, but not as a curative.
A resolution was adopted, allowing
southern cattle to be shipped to
enforced He mentioned several northern pastures under restricted
instances in Illinois where southern provisions, that the cars be distn
cattle were unloaded in regular yards footed before leaving the pastures
and as a result there have beeu sev- where the cattle are unloaded, and
eral outbreaks of Texas fever. that the pastures be quarantined.
President Smith al*o recommends The convention adopted a resolu-
a modification of the ruling by the tion asking the governnunt for a lib-
bureau of animal industry, which eral appropriation for the extermina-
says that southern cattle shall not Hon of the Texas fever ticks. It is
be shipped north except for immeii- he|d by the delegates that the gov
ate slaughter. Heretofore Illinois ernment has given money for the ex-
stockmen have been operating under termination of other cattle disease*,
a special permit, wnereby they were which are not so destructive and fa-
allowed to ship in southern cattle for t&l the tick.
feeding purposes. They were required A resolution was adopted, making
to unload the cattle directly from the It compulsory that all cattle cars
train Into the pastures, the train to coming out of Infected districts, ex
be immediately disinfected, and the cept those used for the shipment of
pastures to be place! in quarantine. | southern cattle, be disinfected under
Recently, however, the bureau of an - the direction of an employee of tht
mal industry has canceled this special bureau of animal industry. Hereto-
permit. A strict enforcement of this 1 fore this work has been done by the
mling makes it hard on both the railway companies.
north and the south, and especially j The convention voted to hold the
on the south whenever a sbortgae of (next annual meeting in SprlngfielJ.
Illinois.
M. M. Hankins of Quanah. Texas
was elected president; L C. Tiffanv
pasture exists and shipping north Is
almost compulsory.
The total abolishing of public wa-
tering troughs in cities is also recom-|of Springfield. Illinois, vice president,
mended by President Smith as tho and S. H. Ward of St. Paul. Minne^
only means of preventing tho spread sota. was re-elected *ecretary-treas-
of glanders. He maintains that glan- urer.
ders will exist as long as the public
water ng trough does business. He! Windsor Castle has been In use as
would recommend instead a system of j a royal residence for nearly 800 years.
We mwst grant to alla people th*
nberty that we would have for oar
selveo. else we are ta bondage la try
lag to shape them to on' *'*woomu
Josepa Kirks, a eoc tract or on the
Orient railroad. In a fight with oae
of h>4 employee neu Thomas, used
a kn.fe pretty fre* ly. it t* alleged,
while the latter was ruaniag from
hitr Kirks wa* arrested and take®
to )a.l at Arapaho
BIG RAILWAY CHARTER
Wichita Valley Interurban Chartered
at S12.000.000
SOUTH MCALESTER: The char-!
ter of the largest corporation in In*
dian Territory was f led last week. It
is the Wichita Valley Interurban (
Electric company of Tishomingo,
capitalized at $12,000 000. with 17,000.-
000 subscribed The Incorporator*
are W W. Croslen. J G. V. Kodmoti
and M. R Morria. The charter au
tSortie* the construction of an ebc-
trie railway from 8hreveport, La.
through Texas and Indian Territory
to Anadarko. Okla.. together with
branch lines: also the operatkui of
telegraph and telephone line*.
It is probable that the company In
tends to use water power to generate
eJectricty. for authority is given to
lease and condemn land for that pur
pose.
JOINT STATEHOOD DEBATE
II
When a rich uncle dloe the funeral
expression on th*- face* of the beno-
flc'aries always remind* me of * ton-
shower— l gfct rain for sorivw and a
gk>rio«s tun for b * good judgnunt in
framttg hi* will.
Arrangements Planrvd to Make It a
Territorial Event
SOUTH MCALESTER: When the
joint statehood executive committee
meet* at Tulsa. September 1$. it
be prevented with a challenge from
the separate statehood c nj;*algn com-
mittee to appoint two orators to meet
a like number In a Joint debate on
the quest km of statehood, at South
McAlester. Octobtr 14.
Arrangement* are being made to
make this a territorial event, it being
the first debate on statehood ever
held.
It Is probable that A Udbetter of
Ardmore and R L. Willis of Durant
will reprwent the Joint statehood
forces in the debate, while C N Has-
kell of Muskogee and W W Hastincs
of Tahlequah will be selected to
sp«ak in behalf of the separate sta^e
constitution recently dratted Spe-
cial train* will be run to aewmmo
*lato tbe crowd* that will acewnpany
tho different orator*
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The Herald-Sentinel. (Cordell, Okla.), Vol. 20, No. 48, Ed. 1 Friday, September 22, 1905, newspaper, September 22, 1905; (https://gateway.okhistory.org/ark:/67531/metadc169010/m1/2/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.