The Hollis Post-Herald (Hollis, Okla.), Vol. 4, No. 38, Ed. 1 Thursday, February 28, 1907 Page: 1 of 8
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THE HOLLIS
VOL. 4. NO 38.
'\
s«68CCfi
HOLLIS, OKLAHOMA, THURSDAY, FKBKUAHY '28, 1907.
fZW
Our New
"MR. BILL"
Our Now Rep32ster
Our Wostern .Bell
These three Lister Planters are
the best on the -market. - Let us
supply you with one this season.
Spooner 4 Bradley
§1.U0 a Year.
ft
m -r*rr—
> >• j
' if* "
From Many Sources.
Guthrie, Ok., Feb. M-iho
Constitutional provision for gov-
ernment of . ail public servu .
corporations in Oklahoma ma
properly be termed a collecUn-
of rules and requiremen ts fro),
various Constitutions which hav.
stood all phases of court test>,
and, apparently, met the "d
mands of tin people. Texas
which State is reg arded as th
most successful in the liandlit ;
of public service corporation
fumisha* much of the mater!>
upon which the ChnstituiV"
provision here is drawn, v, Jj
Virginia, looked upon AS haviiv
aiatter day document, was ac
capted as a basis for incorpon.
tion the newer ideas.
Fromthi debate during- d
option of the material, the con-
vention acknowledged itself fac
t.o faee with either State corit'r<-
or State ownership, and set tin-
screws deep in the fabric of g<>
ernment. There is,. hoWevei
faint doubt that some of tin
n ;wer principles of corporator
ontrol can be satisfactorily
sustained, notably, requiring
foreign public, service corpora^
tions to become -domestic, • tin
specific req'u re men t'f or w uich lb
to be provided before the ~ Con-
stitution is closed.
The provision declaring rail
roads public highways and com
pelling general offices within tin
State comes close to the theory
in effect, and was left intact by
the convention to be tested when
the emergency arises. The put-
ting of this principle into prac
tice w Missouri is to be resisted
by the railroads of that Stat ?, if
their pjsii .on before the Legis-
lature there is not changed.
Conferring judicial authority on
the corporation - commission,
usually no «n elsewhere as ti e
Railroad Commission, but having
jurisdiction here of all public
service c - poraiiOns as wel; us
railroads, is comparatively rt-
cent, and th • section covering
the n w idea .s ti ken aim >st < n-
tirely from the nevs organ L law
of Virginia.
Restriction of Application
stipulation in case there was r
coqllict .thatwt bid not mean ' it.
By giving right'fo . every rail-
•oad, oil pipe line, car, express
tjlgphdpe and telegraph- line %<
construct a'ncl operate its proper
y in Oklahoma, in the cbn
nittee s opinion does not exten
. he- right of eminent domair
,nhj§ is taken from Texas and
> /irginia?. Frdrn Nebraska, Texa
North Dakota and Ohio provi
>ms was built the feature d<-
• Iari^ag railroads to be publi
.ighwa'", a-ri'd requiring genera
iffices in the State of railroad
' nd' every other public servic-
/(ji-poratioa 5iet to be organizeo
jr doing business in the State at.
the tim6 of its Admission. Public
ervice corporations aire desig
.sited as all transportation or
[•ansmisssion companies includ
og railroads, street railroads,
•aftal and . steamboats, freight
■ar companies, car association
r car trust, express, pipe line,
sleeping car, telephone, tele
■ rapb?,alL gas, electric light,
neat and'power companies, am.-
til persons or companies author
zed to exercise the right of tmi-
-lent domain-.or to use.any right
)f way , street, alley or public
highway, Whether along, over 0"
inder-sameV in a manner not
.emitted to the general public.
Gathering of Information
validating any Federal charter
or waiving any of the conditions
therein.
The giving of free transpor-
ition or railroads or free franks
ver telephone or telegraph com
anies' lines or the acceptance
t' same, all of which is made a
trime, to be punished as theLeg-
Oaturemay direct, makps ex-
options in favor of the com-
pany's "employes and their lam-
ies, its officers, agents, sur-
geons, physicians and attorneys
t law, ministers of . religion,
raveling secretaries for railroad
foung Men'^, Christian As-
sociations, inmates of hospitals
i,nd charitable and eleemosynary
institutions and persons ex-
clusively engaged in .charitable
and eleemosynary work; to ihJ
digent, destitue and homeless
persons, and to such persons
when transported by charitable
societies or hospitals, and the
necessary agents employed in
such transportations; to inmates
of the National homes, or State
homes for disabled volunteer
soldi|rs, and of soldiers' and
After treating the subject of
control and powers confered in
every ray of light obtainable,
the committe * inserted, as was
alsodonein Virginia, that the
provision shall always be" re I
stricted in its application so as.
not to conflict with any provision j
of the Federal Constitution, and {
"as if the necessary limitationsJ
upon their interpretation had j
been herein expressed in eacn
case." Plainly, the convention!
got as close as possible witn the
Every possible piece of infor-
mation affecting the manage-
ment or business of the com-
panies .mentioned must be made
a matter of record at the State
hevJqualters. In addition the
proper officers of these compan-
ies are required to make annual
rep rts under oath, and such
other reports or information as
fr mi time to time may ba le-
quired, to the Corporation Com-
mission. There s a general
pn vision preventing the con-
solidation of parallel or compet-
ing lines, nor shall any officer or
company own or control any
stock in any parallel or compet-
ing line. The restriction of con-
solidation may be waived in the
epses of telephone or telegraph
lines by t-be Legislature or the
•Corporation Commission; there
is however, a restric on that
railroads, - telephone and tele-
graph companies organized un-
der Oklahoma laws shall not
consolidate with companies or-
ganized under laws ot any other
6tate or the United Suites, by
sailors' homes, including those
about to enter and those return-
ing home after discharge, and
boards of managers of such
homes; tire departments , and
equipment; to necessary care-
takers of live stock, poultry and
fruit: to employes of the s eep-
ing cars, expnss cars and to
linemen* of telegraph and tele-
phone companies; to rai.way
mail service employes, i osto See
inspectors, customs inspect31*;
to newsboys on trains, bagg ige,
agents, witnesses attending any
legal investigation in which the
rail) uad company or transporta-
tion company is interes «d,
persons injured in wrecks, xd
ph /sicians and nurses .itteiu ing
su J) persons; provided, that ihis j
pi ys ision shall not be const a. ed
to p ohibit the interchange' >f
parses for the office.'s, agents
an i employes of common car-
riers and their families: nor to
p iibibit any common carrie rs
fit>m carrying passenge.s fiee
with the object of providing re
lie fin cases of iJ^neral epidemic,
pestilence cr <tther calamitous
visitation."
Regulation of Railroads
From Missouri nnd TrtXi s
came the prov si )o thit no 'ail
road shall pas:, wi bin four m les
of any county sen without pass
guiate rates, 'promulgate police
regulation, etc., there is conferr-
ed inquisitorial" power as to
books; statements and reports
Before any ruling goes into ef
febtTten days' notice Is to be
given for hearing the question,
after which the corporation af-
fected'may appeal t> th3 Su-
preme Cotfrt.
The grafting of appeals to the
Staters highest court will thwart
the usual'application of injunc-
tions in the Federal Court. In
making an Order the Commiss-
ion's ruling is paramount, sub-
ject to regulation by law, and
review on appeals. The judicial
section a v well as.the penalty ol
$a00, or so much more as the
commission may direct, for fail
ui'o to obey its orders is entirely
from the Virginia Constution.
Am'cmg the police powers is
that affecting train schedules,
depots and giale crossing, ti e
latter to hi protected b / safety
devices such as t ie commission
may designate.
'The three Corporation Com-
nrissioners are elective for six-
year terms, one to be elected
every two years. To be ehgibie
two years residence is required,
over thirty years of age, and
shall liold no interest, directly or
otherwise in a i >' phbli j s; rvice
corporation, or compress or
Wrrt'house company.
Mr.. \ i-ljiams of Durant, chair-
man <rf the'Commitiee: has given
notice that additional sections
touching the commission's police
powers and vot^-making ure to
bo offended.
In order to lr.ett new con-
4itionS after January, lti09. au
tliority is vested in the Legisla-
ture to alter or repeal any of tlie
Commission's authority in rate
making, th« exercise of its jud-
icial functions, or may oxtend
the same as conditions warrant
— Dallas News.
Supreme Court Decides
It Has No Jurisdiction
In Greer County
Case
Guthrie, Okli., Feb. 2-1—The
Oklahoma supreme court tonight
held it had no jurisdiction to act
in the case wherein t'.ie.cominis-
tionersof Greer county a>k< d
an injunction prohibiting the
constitution! 1 convention fum
dividing that county. All seven
members as the bench wore
present, and it is understood the
vote reaching the dccisii n . s
four to three.
Associate Justice Clinton S.
Irwin, however, was,.the unb7
member to give a dissenting
opinion. rlhe majority < pinion
simply held that the territorial
supreme court possesses ap
pel I ate jurisdiction only. .
In dissenting J ustice Irwin
s.iid:
"The provisions nMheorganic
act creating district and sup-|
reme courts give tht^in comm
i ss^aoB^'soisoj*.
county s inuld bo i'iio l /ilh
President Lloosev1!':
Chief J" ist ce Curfor Y' admit -
ed that t \ can ) wall a* novel'y
in legal history.
The co ir vvu . argu id in th
court to th * ]>!a: atiff by Forme.-
United I Ita' js Attorney Hurnuo
Speed and : >r the convention by
Delegate iXe iry,E, ,Asp (repub-
lican) of G.u(.hiie. a'd VV. A. Led*
better (demc cra.t) of Ardmore.
Mouse Resolution That
Fixes Pronunciation
of State's Name
Tin legislature,of Arkansas is
not alone :h iiav ng ta ton action
to Ox the pronunciation of the
n.-imn ol its s^-te. Missouri's
general assembly, by. a joint and
concurrent resolution, introduc-
ed in the house, by, R'^presenta-
tiv • Muir, has been called upon
to do sometft ng. i v tho same
direction. ill) resolution fol-
lows:
"Whereas, confusion, of prac-
law and chancery jurisdiction, tice li t> ar s n n the p -Miun
without putting any limitatii
on those terms, aiid give tin
ciatioa of th? n m: of o.nr state,
a:d it is deeme'l importa t that
courts necessary powers in the trus pronunciatio i si ould be
cases of this kind, where there determi ed for ese n nal olHci-
are no consitutionai or statutory al procsedin (• : wii-rea . the
limitations, and the mere fact matter has b -.mi thorougljly in
that the exercise of such powersvestigated by historical s >c..et
was difficult. ir.c mvenient and [ which have agreed-upon the 4,ir-
hard to carry out in no way j rect pronunciation as gathered
militates against the possession j from history ami t ,e earl usa n
of 5>uch power." I of the Indian tribe which gave us
judge Irwin also held the con- this word, and the usage of the
stitutional convention has jurh- early Ame icai ..-.migrants;
diction to create counties when | therefore, b ? t ' c o v.j I by the
such is necessary in formulating | general asse - blv « f t . • state of
the state government, but where Missouri as lol'ows
the creation of cm,ties is <n-! "That the only true pronun-
tirely unnessary, and where it.ciationof the name of th i >tate,
would liave been just as well for | in the opirion of th s body, is
the state had the county not | that received from the native
private or judicial sale or other- ing through pai re unless p*e-
wise. The benefits of future! vented by natura obt tacies.
legislation are conditioned uj on I The convention foiloweu the
all public service corporations Virginia section ery closely in
now doing business here ac-^ setting out the duties of ti"
cepting the terras of th. Con Corporation Cc mmission, and
slitutiou, and nothing in this , defining the sc p« of its author-
gran*, is to be constroed as ity. In additii p |o powei tc re
When traced t) the begining,
idleness is the foundation of all
crimc.
WIihu a t 'aveling man pro-
duces his book of credentials at
i lie station in the prence of the
crowd, takes out his pencil and
< "ks knowing as he "signs ud,"
i hen rubs his hands and. glances
nt the celing he need not t« l
you it is Lis first trip.
An 1 tali in astronomer is pre
dieting llut before the end ol
March a newly discovered cornel
nfilcome in contact with tin
earth and that the earth will lw
destroyed.
The Miss uri legislature is
about to r.t'joum «>n nc ■omit ol
smallpox in the c;«i ital citv.
been created, then ihe conven
tion over-reached its powers,
and no such power was conferr-
ed upon ifc by congress and ru :
c jnteuip!at< d.
Chi^f Justice John II- Bin for.
handed down the majority opin
ion, holding the supreme l ouri
has no original jurisdictioi
cases. Under this decision
therefore, the Greer count
commissioners ma," fil 1 ihei
case in the dist;ict court h--
immediately and then appeal t
the supreme court if n-cess.,r;
Justice liayard i."4. II h '
absolutely that the cwventi
has power t" do u hat ever it in
please, wherein it is not i« V
nant to the enabling act and '
federal constitution, and
eonstitutioa is adopU* I bv
people thtn the t* r.s'itut:> i -i
must b< test«Ml by the '•
of the United States. B-? 1
that this complaint i i riM
Indian, and that it should be
pronounced i i th e > syllables,
accented on the second syllable.
The vowel i i the first syllable is
short, Y" -n the s^c n syllable
long, doubl '"o," n t i third
syllable shot*^ "S," r.ot ";j "
llenco the correct pi unciation
f the nam ' t oo st ite is Mis-
>oo ri." Kansas City Jo rnal.
The Texas Senate has oassed
i law m i on : th ,« li.-ei se $-000
m the e . pi ess io;;ipa:ies for
•arrying whistey to any dry
own. They a so made the li-V.
i forcirr.ving wlils-
r intoxicati drinks
cunty i i Texas. This
s hig'i that there
yor * ther in
shipp vl into
a Texas.
n M
ey •
ivhi
O
kind
. always
medijiue
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The Hollis Post-Herald (Hollis, Okla.), Vol. 4, No. 38, Ed. 1 Thursday, February 28, 1907, newspaper, February 28, 1907; Hollis, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc185566/m1/1/?rotate=90: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.