The Inola Register. (Inola, Okla.), Vol. 8, No. 23, Ed. 1 Thursday, January 15, 1914 Page: 1 of 8
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V
VOL. VIII.
THE INOLA REGISTER.
INOLA, OKLAHOMA, THURSDAY, JANUARY 15, 1914.
NO. 23
HEWS OF THE
STATE CAPITAL
GAS PIPE LINE COMMON CARRIER
LAW 13 HELD CONSTI-
TUTIONAL.
BILL PASSED LAST LEGISLATURE
Made All Pipe Line Companies Com-
mon Carrier* and Compelled
Them to Purchase All Gas
Offered Along Lines.
District Judge George W. Clark, in
an opinion rendered last week, beld
constitutional the bill enacted by the
last legislature making gas pipe lin#
companies common carriers and com-
mon purchasers of oil and gas.
Judge Clark's declaration that the
law, known as the Carr bil, Is consti-
tutional was gicen while overruling a
demurrer of the Oklahoma Natural Gas
Company to the sufficiency of Attor-
ney General Charles West's petitipn
for a writ of mandamus which would
compel the gas company to obey the
law, known as the Carr bill, Is consti-
tutional was given while overruling a
The company alleged, among other
objections embodied in the demurrer,
that the law is unconstitutional. Judge
Clark overruled the demurrer in toto
and emphasised his belief that the
objection to the law on the grounds
of Its being unconstitutional were not
well taken. The defendant company
•was given fifteen days in which to file
an answer to Attorney West's petition
or to perfect its appeal from the de-
murrer.
Since there are involved in the case
no facts outside of the statute itself,
attorneys at the courthouse were in-
clined to the belief that the gas com-
pany would appeal from the demurrer
to the supreme court.
The law was enacted by the fourth
legislature and was known among the
legislators as the Carr bill, having
l>een introduced by Representative
Wm. O. Carr of Muskogee. The bill
provides, among other things, that
«very pipe line company "shall be a
common purchaser oi gas and shall
purchase all the natural gas in the
vicinity of wells owned by the com
pany, without discrimination in favor
of one producer or one person against
another, but if unable to purchase all
the gas then it shall purchase and
transport gas from each person or pro-
ducer in proportion to the average pro-
duction."
Gas Company's Action.
Immediately after the enactment of
the law by the last legislature the gas
company applied to Federal District
Judge J. H. Cotteral for an order re-
straining the operation of the statute.
Attorney General Charles West, on
■behalf of the state, applied to and ob-
tained from Distrifct Judge J. J. Car-
ney an alternative writ of mandamus
citing the company to either obey the
statute or appear in court and show
cause for failure.
Congress enacted a statute which
. provided that when a state w^i actu-
^ ally attempting to enforce in a state
*,.ftcourt an enactment of its own legis-
lature any federal court order which
sought to stay the operation of the
law and remove it to a federal court
for construction was nugatory and
without effect
COUNTY GETS JUDGMENT.
Former LeFlore County Trtaaurer
Was $15,000 Short.
Poteau.—After one of the hardest
fought cases in the state courts in
which an insurance company was In-
terested, Judgment has been rendered
in the LeFlore county district court
against J. H. Hinton, former county
treasurer, for $15,000. The Southern
Surety Company of Muskogee was on
Hinton's bond, and the insurance com-
pany was named in the suit with Hin-
ton for the recovery of the judgment.
Hinton as county treasurer retired
from office last July, and it was
claimed he was $15,000 behind In his
accounts with the county. The short-
age is also partially charged to the
closing of the Choctaw county bank in
which the county funds were on de-
posit, but an $8,000 bond for the pro-
tection of the county funds was found
to be worthless. Hinton has some val-
uable property and it is understood
this will be taken toward satisfying
the judgment just rendered against
him.
1t12 Law for "Oregon Plan" Abrogated
The initiated measure adopted in
August, 1912, providing a method by
which the voters could express their
choice for United States senators by
the "Oregon plan" is wholly supplant-
ed by the amendment to the constitu-
tion recently adopted by the national
congress, providing for direct election
of senators, according to an opinion
of the attorney general's office. The
opinion was written by Assistant At-
torney General S. I. McElhoes and ad-
dressed to F. M. Dyer of Tulsa.
£
Took In Many Pees.
Fees of the office of Secretary of
State Ben F. Harrison for the three
months from September 30 to Decem-
ber 31, amounted to $18,155.42, accord-
ing to the report made by Mr. Harri-
son. The fees are divided: Charters,
$13,388.90; notary public, $980; requi-
sition. $97.50; certified copies. $314.25;
seal of state, $518; recording, $581.75;
appointment of agents, $51; statutes
sold, $2,185.27; trade marks. $2; mis-
cellaneous, $58.75.
Would Oust Olck by Quo Warranto
A new turn in the prison board of
control controversy was taken when
quo warranto proceedings were insti-
tuted In the Oklahoma county district
court to oust R. W. Dick, warden of
the penitentiary at McAlester.
The suit is brought by E. G. McAd-
ams on behalf of C. C. Childers of Gar-
field county, who has been appointed
warden of the penitentiary by the
Cambron-Denton board.
The petition recites the act of the
last legisltaure creating the board of
control, defining its duties, the appoint-
ment by the governor and confirmation
by the senate of West, Denton and
Cambron and that the board was act-
ing in the proper discharge of its du-
ties in the appointment of Childers
and that Dick refuses to vacate the
office.
The mandamus proceedings to com-
pel F. S. E. Amos, the governor's pri-
vate secretary, to act with the Denton-
Cambron board are now pending be-
fore District Judge John J. Carney.
McDonald Gets Off With Fine of $50.
Alva McDonald of El Ren®, chair-
man of the state central progressive
committee, was finally cleared of the
charge of killing F. T. Marsh In El
Reno in November, 1912, in an opinion
by the criminal court of appeals.
At his trial in the lower court Mc-
Donald enttred a plea of guilty of
manslaughter in the second degree
and was fined $50 by District Judge
John J. Carney. The fine was assessed
by the court over the objection of the
county attorney of Canadian county,
who contended that McDonald should
be tried before a jury on the charge
of murder, and appealed to the crim-
inal court for an order directing Mc-
Donald's trial before a jury.
The opinion of the higher court,
which was written by Judge Henry
M. Furman, holds that the lower court
has the power without the consent of
the prosecuting attorney, to accept the
plea and fix the fine without inter-
vention by jury.
McDonald struck Marsh with his
fist in a quarrel on the streets of El
Reno, the latter dying either as a re-
sult of the blow or Injuries received
when he struck the sidewalk.
INTERLOCKING DIRECTORATES,
TftADE RELATIONS, SUITS,
POINTS COVERED.
PENALTIES APPLY TO INDIVIDUAL
President's Ideas Carried Out In Ten-
tative Draft By House Com-
mittee of the Judi-
ciary.
Washington.—A general outline of
the tentative draft of anti-trust legis-
lation prepared by majority members
ot the house committee on the judi-
ciary for action by the full com mit-
tee, subject to a conference with Pres-
ident Wilson has been made public.
While members of the commitee talked
with the president some weeks ago,
the proposed bills so far have not the
administration stamp and they will
be discussed at a conference before
the president and committeenem im-
mediately following the president's
return.
The bills, drafted after conferences
between Chairman Clayton, Represen-
tatives Carling of Virginia, Floyd of
Arkansas, McCoy of New Jersey and
others, cover these thre main points:
1—Interlocking directorates.
2—Trade relations and prices.
3—Injunction proceedings and dam-
age suits by individuals.
In every case President Wilson's
idea of providing penalties for indi-
viduals as well as for corporation* in
case of violations has been followed.
It was decided it would be better to
draft several bills Instead of incor-
porating all anti-trust proposals in an
omnibus measure, supplementary to
the Sherman act. An attempt to de-
fine combinations and conspiracies in
restraint of trade as far as possible
has been made in the bills already pre-
pared.
The bill to inhibit interlocking di-
refcfoAtes is regarded as the most
important oj the three. It applies to
banks and trust companies and every
industrial corporation engaged in in-
terstate trade.
JUDGE KENESAW M. LANDIS
Recent portrait of the well-known
federal judge of Chicago.
DYNAMITE CASES ANE AFFIRMED
TWENTY-FOUR IRON WORKERS
DENIED NEW TRIALS.
GINNINGS STILL RUN HIGH
Census Bureau Reports Shows Con-
siderably More Than Last Year.
To Extend Examination.
Request has been made of the In-
surance department to assist in the
further examination of the Missouri
Fidelity and Casualty Insurance Co.
An examination was completed re-
cently by the Missouri, Oklahoma and
Kansas commissions, covering a
period of time from the first of Jan-
uary of 1913 to the last of November.
Now the request is made that examina-
tion be extended to cover the entire
year. Arthur W. Pettit, assistant In-
surance commissioner of Oklahoma,
Cato Sella In Oklahoma
Cato Sella, commissioner of Indian
affairs, who has been in Oklahoma to
conduct what will be one of the most
thorough Investigations of conditions
among the Indians, especially in the
Interests of the minor Indian children,
was fn Oklahoma City one day laat
week, spending only a short time be-
fore leaving for the southern part of
the state. Commissioner Sells and
Governor Cruce met at the Skfrvln
hotel and talked over the work pro-
posed to be cnoducted by Mr. Sells.
will represent this state.
Treasurers Cannot Serye Again.
Caunty treasurers in Oklahoma
who have served two terms in suc-
cession are not eligible to re-election
to the consolidated office of county
treasurer and assessor in the opinion
of Assistant Attorney General Smith
C. Matson to J. A. Ellis, treasurer, at
Boise City. Matson held that chapter
181 of session laws, 1913, does not re-
peal the provisions of Section 1736, re-
vised laws 1910, providing that no
county treasurer shall hold his office
for a longer period than two terms in
succession.
Washington.—The eighth cotton gir.-
tog report of the census bureau for the
season, announced that 13,333,740 bales
of cotton, counting round as, half bales,
of the growth of 1913 had been ginned
prior to January 1, to which date dur-
ing the past seven years the sining
averaged 93.4 per cent of the entire
crop. Last year to January 1, there
had been ginned 12,907,405 bales or95.7
per cent of the entire crop, 14,317,002
bales, or 92.1 per cent In 1911, and
12.465,298 bales, or 95.3 per cent in
1908.
Included in the ginnings were 104,265
round bales compared with 77,999
bales last year, 96,227 bales in 1911,
109,292 bales in 1910, and 143,949 bales
in 1909.
The number of Sea Island cotton
bales included were 74,320 compared
with 67,257 bales last year, 105,985
bales in 1911, 89,611 bales in 1909,
and 86.528 bales In 1908.
Ginnings prior to January 1 by
states, with comparisons for last year
and other big crop years and the
percentage of the entire crop ginned
prior to that date in those years In-
clude:
Oklahoma ...1913
1912
1911
1908
804,457
947.452
900,409
525,610
94.3
95.1
TAPS FOR GENERAL BUCKNER
Kate Barnard Vlalta Pryor.
Kate Barnard, in a letter to the gov-
ernor. calls attention to the condition
of the Indian minor children having
estatea who are Inmates of the orphan
home at Pryor. Since the leglalatura
abolished the public defender who
worked IA conjunction with Miss Bar-
nard, the work of looking after the
orphans has devolved upon the board
of education. State Superintendent
Wilson has said that the head of the
Institution was taking care of It aat-
isfactorlly. so far as the board bad
been advised.
Famous Soldier and Statesman Dies
in Kentucky; 91 Years Old
Lexington. Ky.—General Simon oBI-
iver Buckner. former governor of
Kentucky and candidate for vice pres-
ident on the gold democratic ticket in
1896, is dead.
General Buckner served in both the
Mexican and civil wars. He was born
on a farm in Hart county, Ky., April
2, 1823, and was graduated from (he
United States military academv in
18844.
When the civil war broke out he
joined the Confederate army with the
rank of brigadier general. He was sue
cessively made major general and lieu-
tenant general. He was governor of
Kentucky from 1887 to 1891 and served
as a member of the Kentucky consti-
tutional convention in 1893. After be-
ing a candidate for vice president on j
the gold democratic ticket in 1896. he
retired to his farm In Hart county,
but continued to take a lively interest
in public affairs.
And New Trials Ordered—Attorneys
For Labor Leadera Prepare to
Carry Caae to Supreme Court.
Chicago.—The judgment of the fed-
eral court at Indianapolis, sentencing
to prison thirty members of the Inter-
national Association of Iron Workers,
waa affirmed by the United States cir-
cuit court of apepais in ^twenty-four
cases.
Six cases were reversed and re-
manded to the lower court for retrial.
The defendants in these cases are:
Olaf A. Tveitnfoe, San Francisco;
William McCain, Kansas City; James
E: May, Peoria; Richard H. Haulihan,
Chicago; Fred Sherman, Indianapolis;
William Bernhardt, Cincinnati.
The sentence of seven years' penal
servitude against Frank M. Ryan of
Chicago, president of the association,
was affirmed.
■TPhefe were thirty-two convictions,
altogether, in the dynamite cases.
Ryan waa the only one of the con-
victed men presenf in court when the
decision was rendered.
No effort will be made by the gov-
ernment to compel the return to
prison of the men denied a re-trial
pending a hearing of the petition for
rehearing. If this petition is denied
it was announced by E. N. Zoline of
counsel for the convicted men that
an appeal will be taken to the United
States supreme court.
All of the convicted men were at
the time of thir conviction or bad
previously been officers of the iron
workers' union and roost o fthem had
held high offices in that organization.
The technical charge against all of
them was conspiracy to transport
dynamite on passenger trains, in vio-
lation of the federal statute on that
subject.
The cases grew out of the trial and
conviction of the McXamara brothers
in San Francisco in connection with
the blowing up Df the plant of the
Los Angeles Times, a paper which
had always been strongly hostile to
labor unions.
As a result of the confession made
by Artie McManigal. who had been
one of the most active members of
the dynamite squad of the iron work
ere' union, and the evidence se-
cured by Detective Jilliam J. Burns
for use in the McNamara trials, an
Investigation was started by a federal
grand jury at Indianapolis, which was
the headquarters of the iron workers'
organization.
Dictagraphs were placed in the Iron
workers' offices and records obtained
in that way of telephone conversa-
tions and other statements made by
the accused labor leaders. On the
strength of this evidence forty-five in
dictments were returned on February
2. 1912, some of the defendants hav-
ing several indictments each against
them.
The cases dragged along and after
a lengthy and exciting trial convic-
tions were obtained against thirty-
two of the defendants All of them
were taken to the federal penitentiary
at Leavenworth. Kan., to begin serv
Ing their terras, but later were re
leased on bond pending appeal
CHARGES OF COWARDICE MADS
AGAIN8T OROZCO, SALAZAR
AND ROJAS.
FEDERALS DRIVEN FROM 0JINA6A
CARDEN IS RECALLED
Considered Evidence That England
Will Give Wilson Free Hand.
Washington. — Announcement that
Great Britain is about to transfer Sir
Lionel Carden, its minister at the
City of Mexico was regarded by offl
cial Washington as a substantial man
tfestation of the purpose of the British
government to remove every obstruc-
tion to the execution of President
Wilson's plans for dealing with the
Mexican situation
Villa Begins Establisment df Govern-
ment In Desolate Town-
Wires Carranza of His
Succeaa.
Presido, Texas.—Twenty-eight hun-
dred Mexican federal soldiers, six
generals, 200,000 rounds of ammuni-
tion, two cannon, four large field
pieces and 1,500 civilian refugees are
in custody of the United States army
border patrol as the result of the fed-
eral evacuation ot Ojinaga, Mexico,
and the occupation of the Mexican
village by General Francisco Villa's
rebel forces.
The distress of the refugees is in-
tense. They have scant food and on
shelter. Men, women, children, dogs,
chickens and - cattle are packed to-
gether in a space covering several
acres. About them are scattered the
goods and baggage brought in from
Ojinaga. Urgent requests for the im-
mediate removal of soldiers and ref-
ugees to some other place were sent
by Major McNamee to the war de-
partment through General Bliss.
Other results of the rebel successes
that place General Villa's army in un-
disputed control of a vast section of
northern Mexico are:
Federal Generals Mercado, Castro,
Orphinal. Romero, Aduno and Landa
are in custody of the United States
troops awaiting disposition by the war
department.
Salazar Branded Coward.
General Pascual Oroico and General
Ynes Salazar, federal volunteer com-
mand*^, escaped ajpng the boriir ♦«.
some point remote from Presido. Sal-
azar was wounded. They were ac-
companied by General Caraveo and
General Rojas and 300 cavalrymen.
Salazar and Orzoco are being watched
for by the United States on indict-
ments charging them with violating
the neutrality laws.
General Landa said he was certain
all the federal troops escaped.
Charges of cowardice were made
against Orozco, Salazar and Rojas<
General Mercado said the generals
abandoned their troops at the begin-
ning of the battle and thus weakened
the federal defense.
The only generals who quit the bat-
tlefield with honor, General Mercado
said, were those who accompanied
the federal army across the Rio
Grande. General Mercado reiterated
that the federals were compelled to
evacuate because of lack of ammu-
nition. He said his soldiers had had
an average of only seventy-eight car-
tridges each.
Camped in Ojinaga for the posses-
sion of which he had been fighting
less than twenty-four hours previous-
ly, General Villa started the work of
establishing government. He tele-
graphed to General Carranza:
"I have proved my ability to capture
Ojinaga."
Scene of Desolation.
After the confusion incidental to
evacuation, the battlefield opposite
Presido revealed a scene of desola-
tion. The whole sweep of land lead-
ing to the heights of Ojinaga had been
plowed by the frantic route of the
federal army and the eager scramble
into the village by General Villa's
rebels.
OKLAHOMA NEWS NOTES
•HAOOWI OF COMING KVKNTS
.Jan. 12-17—Annual short course, A. *
M. College.
Jan. 18.—Sale of Choctaw and Chick-
asaw lands at Wilburton.
Jan. 17.—Sale of Chootaw and Chicka-
saw lands at McAlester.
Jan, 19—Scottish Rita reunion, Guthrie.
Jan. 19—Santa Fe farm train begins
tour. •
Jan. 19-21, State Association Black-
smiths, Tulsa. m
Jan. *«. .—Bute Poultry Show. Enid.
Feb. 3—Oklahoma Live Stock Associa-
tion, Muskogee.
Feb. 3-4—Poultry show. Muskogee.
Feb. 3-4—Eastern Oklahoma Agricul-
tural Association, Muskogee.
Feb. 9-14, India Temple Shrlners Fair.
Oklahoma pity.
Tulsa 12~RepubUc4n ",aU convention,
Feb. 23—Progressive atate convention.
Oklahoma City.
Sept. 22-Oct. I, 1*14—State Fair. Okla-
homa City. '
TWO MORE OFFICE S£EKEPS
Justice Hayes and Judge Robertson
Make Their Announcements.
Oklahoma Ctty.^-Chief Justice Sam-
uel W. Hayes of the Oklahoma su-
preme court, has entered the political
arena and will be a candidate for the
democratic nomination for United
Statds senator, the place now held by
Senator T. P. Gore of Lawton. Judge
Hayes says he will resign as a mem-
ber of the supreme court not later
than April 11.
Robertson's Hat In the Ring.
Chandler.—Declaring for sweeping
changes in the conduct of «he state
government of Oklahoma which should
be accomplished by a democratic ad-
ministration. Judge J B A Robert-
son of Chandler, member of the Okla-
homa supreme court commission, an-
nounced his candidacy for the demo-
cratic nomination for governor sub-
ject to the August primaries Earlier
In the day. Judge Robertson resigned
as a member of the commission in
order to enter the race for the higher
office
Frank C. Carter of Frederick la A
candidate for state auditor.
The county asaessora of the state*
met at Oklahoma City last week.
Comanche county already haa four
democratic candidates for aherif.
Sallisaw haa a smallpox epidemic,
fourteen cases being reported so far.
Randlett haa been booming the good
roada movement and haa a volunteer
crew is at work.
Cordeli's Chamber of commerce 1a
considering the feasibility of the adop-
tion of the city manager plan.
A poultry association has been or-
ganized among the poultry fanciers
of Granite and surrounding country.
The corporation commission will
have a docket of twenty-three caaes to
begin with when the court convenes
on January 13.
Thursday, January 8, was aet apart
by the commissioners as a holiday
for road building by the Good Roads
association of Bryan county.
Judge E. G. Spilman, a resident of
Kingfisher, since the early daya oi
the territory, has announced his can-
didacy for secretary of state.
George W. Nellie, distributing and
disbursing agent at the Pawnee Indian
agency, accidentally shot and killed
himself while tenanting near Pawnee.
The Citizens' National Jtunk of Sal-
opened its tor. business
last Friday, having been authorized
by a telegram from the comptroller
of the currency.
Thomas Isbell of Vinita, who says
he fired the first shot at the Spaniards
on Cuban soil In the late Spanish-
American war, battle of Las Guasimaa.
was convicted of bootlegging at Mus-
kogee.
_ The mammoth wolf and rabbit hunt,
staged at Eldorado was participated in
by most of the population in south-
western Jackson county, and four
wolves and innumerable rabbits were
the net results.
/
Miss Jeannette Moore, daughter of
Mr. and Mrs. W. R. Moore of Ard-
more, has been commissioned sponsor
of the Oklahoma division of the United
Confederate Veterans for the Jack-
sonville reunion in April.
Evans A. Nash and J. Flem Smith,
ieputy state inspectors, submitted
their report on the examination of the
rarious township officers of Craig
eounty to the county commissioners.
It shows a total of 6,682.11 in short-
ages.
As a result of the third degree prac-
ticed In the county jail to secure con-
fessions to crimes from prisoners, a
jury in the district court of Wagoner
has convicted former Sheriff J. B.
Long, and the court imposed a fine
of $250. •
While the two children of Dr. and
Mrs. J. F. Howell were playing In a
bedroom, the mother, in another part
of the house heard a pistol shot and
going to the room found her youngest
child shot through the neck. The little
one lived about two hours.
The Southeastern Poultry Associa-
tion held its first annual exhibit to
Durant, January 9 and 10.
The little son of Mr. and Mra. Jack
Simmons died at Shawnee as a result
of falling into a pan of scalding water.
The child's flesh wa# literally cooked
and fell off in great pieces.
On instructions from the court, a
Jury in district court of Greer county
returned a verdict finding W. W. Het-
tigo not guilty of the charge of causing
the death of an illegitimate child to
which his daughter gave birth, Oc-
tober 27. The 'corpus delicti" in the
case has not been established, ruled
the judge.
Rev. Albert Neghanquet. who lives
with his parents near Asher, has been
the only Indian Catholic priest and
was ordained several years ago la
Rome. He has received a letter from
Philip B. Gordon, who Is Ti-blsh-ko-
gi-jik. a Superior, Wis. Indian boy,
who has just been ordained In the
Catholic priesthood. Rer. Gordon to
the only Indian to be ordained la
America, and the second in the world.
Rev. Neghanquet being the first.
_
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The Inola Register. (Inola, Okla.), Vol. 8, No. 23, Ed. 1 Thursday, January 15, 1914, newspaper, January 15, 1914; Inola, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc180617/m1/1/?q=%22Business%2C+Economics+and+Finance+-+Advertising%22: accessed July 2, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.