Logan County News. (Crescent, Okla.), Vol. 4, No. 31, Ed. 1 Friday, September 4, 1908 Page: 6 of 8
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THE LOGAN COUNTY NEWS
COURT FHIfORS HASKELL
FRISCO MAY LOSE RIGHTS
CRESCENT,
OKLAHOMA
OKLAHOMA STATE NOTES
At Oklahoma Citj last week the
Kate enforcement officials for the
nil.iips law s|)illecl MtO barn Is of tin-
finished beer from the vats of the
Muss Brewing company.
Suit has been
Sheriff Chambers,
ty, charging him
court record in
John Sehave was
gaily disposing of
ed that Chambers
in a service pap<
case.
instituted against
of Canadian coun-
with changing a
the case wherein
charged with ille-
liquor, it is eharg-
Inserted two words
r employed in the
Troubl* Follow* Alleged Claiming of
Domicile Outside of Oklahoma
GOVERNOR ALONE CAN INSTI- Gt'TIIUlK: Unless enjoined l)V
TUTE ACTION IN OKLAHOMA ia court 1 slia" ,ake Immediate step;
I to revoke the license of the St. Louis
— \£i San Francisco railroad company to
PIPI in! an wm HI K Di5Nii5S!0|%;:;r:;:^.„?t;o;:„ A ,.
|tant Secretary of State Leo Myers,
I who is acting secretary in the ah-
j Construction of Pipe Line Will be Re-Itence ol Bill Cross, who la in En-
sumed—Number of Suits Flied rope.
Against Corporations Without Gov ''he procedure to forfeit the charter
ernor's Authority Affected wi" be u,k<'" in accordance with the
(H'THHIK: H.\ a unanimous and
sweeping decision, the Oklahoma sit
ELECTION L*W HELD VALID
SUPREME COURT DENIES COUN
TY SEAT INJUNCTIONS
Pilitll CHEEK ti IfHItH BUSES UPKELB
provisions of the McCalla act, passed
by the last legislature, providing for
to do business in Oklahoma, which
| shall claim in writing before any
in the state that its domicile
lis in another state.
While bathing with her sister, aged
lli, and her brother, aged ft. the 7-year
old daughter of (leorge Archer, a
widower whose wife recently died,
was drowned in Turkey Creek, near
I'onca City, last week. Archer's wife
died at their home seven miles south
of St. Louis, and he and his three
children were traveling in a wagon
to the home of relatives at Stillwater.
Chief fo Police it. C. Lee, of McAl-
ester, who was charged with assault-
ing certain prisoners and with with-
holding witness fees in certain police
court cases has been dismissed from
office liy the council. Immediately
following the dismissal J. li. McCas-
saila, a republican, was chosen by a
•strict party vote of eight to four, io
till the vacancy.
■ Governor C. N. Haskell will not ap-
point the three judges of the court of
criminal appeals until after the Tulsa
democratic state convention.
The next Osage Indian payment will
begin September 7. Each Indian will
receive $200. Of this amount $14 is
Interest on the tribal fund, and $50
gas and oil royalty. Agent Millard
announces also that ail Indian chil-
dren must enter school September 1.
Attempt is being made to secure a
bond for W. T. Phillips, alias Chas.
K. Steele, held by the justice court
as accessory to the murder of Mrs.
.Tune Smith and for whom Governor
Haskell has just refused requisition
from Tennessee officers on charge
of murder there. Among those who
qualified as bondsmen was a negro, a
former laborer on the Phillips farm,
who quelaifled, free of exemptions, to
*7,200.
The supremo court has ordered a re-
count in the county seat election of
McIntosh county, as demanded by the
petition of Eufaula. The successful J
candidate on the face of the returns I
was Checotah. Charges of fraud I
were preferred by the rival town. At- j
forney John A. Remy, of Guthrie, was
appointed referee by the court.
Through the settlement of a depre-
dation claim arising from acts of tire
Union army during the civil war, Mr.
and Mrs. David A. Hrame, of Durant, I
are to receive $20,000. Mrs. Itrame is j
a daughter of the late Anthony Can- I
non, who during the war had his |
property destroyed near Yicksburg.
Mis He was a Union sympathizer.
That registration of voters for
ounty seat elections is not necessary
is the holding of Assistant Attorney
General Reeves in reply to an inquiry
from Hughes county. He states that 1
tho provisions of the law requiring
each voter to make affidavit at the
, oils that he is a qual Tied elector was
• . deutly intended by the law n-.ak-
i s a.- a substitute for the registra-
ien requirement which applies to
^••neral and primary elections.
The Oklahoma Christian Mission-
•• ciet, held its, annual meeting
in:, tin' next meeting.
R. P. fate, who was one of the dls-
! ' agents in the government ser-
vice at Muskogee, is to take charge of
"in lease division of the Union gen- ,
ey, : v . ding Fred Rains, resigned.
I rene court Saturday upheld the right 11'"' f°rfe,lu™ °f I,1'" barter rights of
.if Governor Haskell to order a dis-j?'0 «"^ration chartered or licensed
missal of the suit filed by Attorney
General West to oust the Prairie Oil
and Gas company from the state ami
made the temporary writ of prohibi-j ,
tion sought by Coventor Haskell per-! '* '''8CO made I lie alleged dec-
manent. ilaratlon in the district court of Co-
Tills writ prohibits the attorney gen-1 nianchp founly in an attempt to re-
eral from taking any further action in al0V<' lo federal court a damage
the suit and prohibits Judge Hustm,|S"'1 '*l01,sht by Mrs. Gertrude Goade.
in the district court of Logan county ' ljstrict ,Iudi:e Johnson of Lawton
from further Jurisdiction of the case. <-er,ified ,hat declaration to the sec-
The decision of the court removes " l:u'y °' state, as required by law,
the legal bar that has been holding up ,l1"' "n,ler the statute it becomes the
the work of the Prairie Oil and Gas | inimedlate duty of the secretary of
company in building a pii>e line from s,at<' lo declare the license or ciuu-
Caney, Kas., to the shallow sand pool'ter corporation forfeited and
in the Hog Shooter Held. J revoked.
It is stated on good authority that j The statement that the state soon
the Prairie company will now begin' would commence proceedings to re-
st once the construction of the linejvoke the charter of the St. Louis &
from. Kansas and also the Gulf line I San Francisco railroad for the al
extending from Oklahoma to the
Gulf of Mexico. The opinion of the
court it ehxaustive and lays down a
principle which hereafter must lie fol-
lowed that the attorney general can-
not bring or defend any suit on be-
hal of the state without the consent
or direction of the governor.
"The powers of the governor arc
leged violation of the new law pre
venting a transfer of cases from the
state to the federal court, awakened
unusual interest In political and rail
road circles here. Acting Secretary
of State Myers received a message
'ron: Bartlesville asking for a copy
of the law, presumably for action
against another road similar to that
defined by the constitution by that [taken by the plaintiff in the Frisco
part of article 6, section X, which pro- ease.
vides that he shall cause the laws to it is the concensus of opinion that
be faithfully executed. He is empow-jthe requested transfer of the Coman
ered to institute a suit in the name ofjche county case, on which the state
the state. js to bring procedure, was not made
• Under Wilson's Revised and An- through an oversight of the corpora-
notated Statutes of Oklahoma, 1903, Hon counsel, but rather for the pur-
section G567, the attorney general has ,)0se of testlng the law cn wh,ch
there have been various legal opin-
ions expressed.
ESCAPES FROM PRISON
Man Sent Up from Oklahoma for Life
Walks Out of "Pen"
LEAVENWORTH, KAN.:
te boldest escape
prison at Lansing
no power to bring suit in the name of
tills state, or prosecute or defend the
same In the district courts of the
state in any civil or criminal case in
which tlie state may be a party inter-
ested, except when requested by the
governor or either branch of the leg-
islature.
"Prohibition is the proper remedy ' . ''''VA) f"N " 1m''''KAN.: One of
where an Inferior court assumed to "e 10 c1 s escal,es fiom the state
■ . . . . pi ison lit Lansing was disrovprpd
exercise the judicial power not grant-, , , T. " l,nuei1
cd by law, or is attempting to make p."" a '.!,e,tel 11101 ^om
an excessive and unauthorized appli- \'ls 'ssing from the
cation of judicial force in a cause 1 lsc'"- - 1'1 ('01 151 a soung white man
otherwise cognizable by it.- j who served three years in the feder-
The court holds that the expression '' "n alu ftent to Oklahoma
"when requested" has the samo!a,,,i murdered a woman. He was an
meaning as "if requested," which ' \CP1,lIent rook and was allowed the
would clearly exclude the attorney l"mp.->,'s o a trusty and cooked for
general's power to bring suits unless 1 ('pn s fan,i'-v-
requested by the governor. Wat den Haskell said: "He had an
The decision also holds that the ill>Plication for pardon pending and I
governor had the right to file his mo- ,"'u'1 suspected that he would make
tion for dismissal in the district court]'111 at tempt. of this sort, for he beiiev-
under the discretionary powers given ' '' j"' tt:ls ®e' a PftrSon. Ordinarily
by the constitution to the chief exec- " 'ermer is not allowed the privi-
utive and that the fact that the gov- leK<>a °r !1 trusty. Proctor went into
erno.' had such discretionary power :l 100,11 used by my son when he visits
bars the attorney general from oxer- stale a fine suit of clothes
cising it in such cases. land $J0 in silver. IIo then put on a
The opinion holds that the moment '' ac'{ derbj hat and walked out of
Governor Haskell filed his petition in P'ison unnoticed and took a car
the ilistrict court asking for a disniis- !0r Kansas City. We traced him as
sal of the case then the district judge 'al* ;is I'Ourth and Minnesota, in Kan-
exceeded his authority in attempting sa-s ' "J' kas.
to proceed further with the trial of Proctor was received at the prison
the case, and that the writ of prohi- 111 May, lOOii. He is 27 years of age
Constitutionality of Caking Election
Before Bill Was Signed Questioned
—County Stat Election Law is Self-
Executing
GUTHRIE; The supreme court, in
an opinion rendered in the Pond
Creek county seat election case, up-
held the constitutionality of the law
governing such elections passed by
the legislature. The Injunction
sought by the petitioners was denied.
In another similar case, where Le-
high was the petitioner, the same
Judgment obtained.
In the recent election in Grant
county, Medford was successful on
the face of the returns over Pond
Creek. Attorneys for the latter town
immediately began proceedings in
court charging that the law under
which the election was conducted was
unconstitutional, that the governor's
proclamation calling the election was
contrary to law on the ground that
the election was called March IS,
while the bill under which the elec-
tion was held was not approved by
the governor until April 17. Other
charges of irregularities were preferr-
ed. The petition for the election, filed
previous' to the approval of the law,
was also held to be illegal.
The opinion, written by Associate
Justice Dunn, fully concurred in,
states that the portion of the consti-
tution providing for county seat elec-
tions is self-executing; that the peti-
tion for the election, filed with the
governor prior to the signature which
made the legislative act a law. does
not depend on the bill for force and
legality.
The new law is held not to be spe-
cial, but general. That the statute re-
quiring registration as a prerequisite
for exercising the privilege of fran-
chise is not in violation of the four-
teenth amendment of the federal con-
stitution is another point emphasized.
bition was the only remedy.
and weighs
pounds. Descriptions
Just what effect the decision of the of him have been : nt broadcast and
of a reward of $100 is offered for lis ar-
il- rest. A guard who is supposed to
court will have upon a number
-nils that have been filed against
porations without the direction of
governor cannot lie definitely dc
mined. Attorney fi •••. t; I West >•
Colorado, and could not be qus-i
ed on the point. It is s
on good legal authority
ens.must be dismiss.
court f tiie defendant
L.neral
the'cluck in ;
ter- apparently
in Proctor wr
irisoner
glected
i each evening,
his duty, as
?d until an un-
■akl'ast caused
m1. ho
l HRtE r
IN
attt
lout
Through M
iger
nil
trai
The Christian churcli
will erect a new hon e ol
A ■'! 11011
ship this
IHl passe
illided h
ill J U .
John Hopkins, convicted of the
murder of Lena Craig, a pretty 18-
> ■ ir old school teacher, with whom
he was in love, was hanged at Miami
last Friday. This is the first legal
hanging of a white man in the new
state.
The Farmers' Union of Grady coun-
ty will hold their annual picnic at
yerden, September r>. Agricultural
displays of various kinds will be made
a program of racing and speaking
will be a portion of the amusements
furcshed.
Unt
invt
>ral
d in
Celebrate Dc.'ljle Cold?n Wadding
(•UT11KIE: A double golden wed-
ding celebrated at Kinsfi her by twin
brothers mark prolnbly the first
event of its kind in Oklahoma. The
brothers are Ezekiel and Johnston
Wheeler. 72 years old, born in 1821!
at Georgetown, ()., and married with-
in a month of each other in the year
IN'jV Johnston Wheeler is a resident flciently to remove nil the pews and
of Guthrie, and Ezekieel Wheeler of furniture from the church before it
Kingfisher. was destroyed.
.taken Orders Pan:
and Freight Train Crash
III <;:••: Tie. i ; 1 < a misnndsr- and-
ik of orders rebtive to track right
way betwi l .Sutlers and Hugo,
p train on the
en with a work
ight miles north
o'clock Friday morning,
r<:. per; ens b.'dng killed
d.
The dead: George Ballard, of Fort
Smith, engine; r on the work train;
Tim Carmule, of Fort Smith, conduc-
tor on the \\. rk train; H. u. Thomas,
of Plttsh-.ii r, Kan. conductor on the
passenger train.
Lightning struck the South Meth-
odist church at Howe, burning it to
the ground and severely shucking !
two young men who had taken refuge 1
in the building from the storm. They i
recovered thi ir senses, however, suf- j
MUST SHUN POLITICS
Federal Officers Warned Against Per-
nicious Activity in Campaign
WASHINGTON: The postofTice
has just promulgated an order rela-
tive to political activity in the federal
service, addressed to the officers and
employes of the postoffice and postal
service.
The order renews official prohibi-
tion of pernicious activity, and cites
the postmaster general's order of
June G, 1907. This gives the presi-
dent's amendments to the civil ser-
vice rules, which prohibit persons in
the executive civil service from using
official authority or influence for the
purpose of interfering with an elec-
tion or the result thereof and declar-
ing that persons in the competitive
civil service, while retaining the right
lo vote as they please and to express
privately their opinions on all politi-
cal subjects, shall ta!:e no active part
in political campaigns.
The recent notice also quotes the
civil service commission's letter to
the president of last March, urging
greater severity in the penalty impos-
ed for such violations, and embodies
a memorandum furnished Ia the civil
service commission giving warning
against political assessments and par-
tisan activity of officeholders. The
postmaster general has directed that
the notice be posted conspicuously in
all offices of the department, all elrs-
sified postoffie ■ and offices of di\ •
■ion superintendents.
MASONS CANNOT ACT
Agrinst Masonic Law to Accept State
Dispensary Agcncy
ATOKA: Deputy Grand Master H.
L. Muldrow, of the Masonic lodge of
Oklahoma, In response to the que -
tion, can a mas • r mason hold the po-
sition us local agent for the state dis-
p ; : try and continue hi good stand-
in' as a master Mason? says:
' It is n violation of Masonic law. in
the spirit if not in the letter, for a
Mason to connect himself in any way
with the sale of Intoxicating liquors.
It i un-Masanic for a Mason to en-
gage as local agent for the state dis-
pessary and charges should be pre-
f< 'ed against him if he continues so
doing."
When this decision was reported to ;
the grand ! idge by the committee to j
whom it was referred that committee i
recommended its approval, and the
vote of the grand lods
nious for its approval.
What is Pe-ru-na.
Are w« claiming too much for P*run
when WO claim U to bo nn effective
, remedy for chronic catarrh? Have Wfc
abundant proof that Peruna is in real-
ity such a catarrh remedy? Let us sec
' what the United States Dispensatory
I savs of the principal ingredients of
| Peruna.
i Take, for instance, the ingredient
liydrastis canadensis, or golden m al.
I The United States Dispensatory says
| of this herbal remedy, that it is largely
! employed in the treatment of depraved
i mucous membranes lining various
! organs of the human body.
Another ingredient of Peruna, cory-
dalis formosa, is classed in the I nited
j States Dispensatory as a tonic,
i Cedron seeds is another ingredient of
Peruna. The United States Dispensa-
tory says of the action <*'f cedron that
it is used as a bitter tonic and in the
; treatment of dysentery, and in inter-
mittent diseases as a substitute for
quinine.
Send to us for a free book of testi-
monials of what the people think (if Pe-
runa as a catarrh remedy. The best
evidence is the testimony of tbo e who
bave tried it.
! USED CHURCH AS SCHOOLROOM
Proceedings That Somewhat Aston-
ished the Sexton.
The sexton of one church that keeps
open doors all day long didn't know
whether to regard the matter in the
i light of a desecration or a devotional
' exercise. He paid no attention when
i the three women, watched by a man
1 who stood at the lower end of the
j aisle, walked the length of the church
and back again. Even when they made
ihe trip a second time he scarcely gave
them a thought, but when the trio
; started around the church a third timo
| and the man called out, "Step a little
| more briskly, please," he began to
wonder, and presently made inquiry.
"I hope you won't be offended," the
man replied. "I am a physical culture
instructor. I am teaching these young
ladies to walk. I have already taught
them to walk in the street, in the
drawing room, in the theater and every
place else they are likely to find them-
selves. 1 am now teaching them to
walk in church. Very few women can
walk there properly. Some lope, some
swagger, some skip, oilic s adopt a
mincing gait. All these styles are
very inappropriate for chinch. A dig-
i nified, subdued gait alouo is suitable
\ for devotional purposes. Church is
I the best place for pupils in walking to
i receive practical instruction, therefore
I have brought them here."
"Great fathers!" gasped the sexton,
j "What next?'
But lie said no more till the walk-
j ing exercise was ended. Then he fol-
lowed the class to the door.
1 hope," he said, "you will practice
I ihe lesson learned to-day by coming
here to church once in a while."
OCULIST A MAN OF RESOURCE.
Has a Blind Beggar Woman to Adver-
tiss His Business.
Enterprise takes various forms,
even in Warsaw. A young oculist,
finding that patients were few and far
between, hit upon an original means
of advertising.
He engaged a blind woman who sils
and begs by the Church of the iioly
Cross to hold a light board whereon
are written his name, address, profes-
sional qualifications and consultation
hours.
As the church is in the busiest
thoroughfare of the town the notice
attracts a good deal of attention. The
beggar herself says she is quite satis-
tied with the results, as many people
notice her who would otherwise pass
by, and as the doctor has added his
assurance tiiat she is hopelessly
b'iad benevolent old ladies throw eop-
i - .. into her tm mug, su. * that their
l.. .V i i l: d wasted on an ir.:;;. tor.
It i. not. y-. 1 known wh
her ut patients has iiici
r tlie nam-
ed.
TUNES FAIL TO KILL; MAY BUY.
Aged Flute Player Makes Sure by Try-
ing Score of Pieces.
to
was unani-
Seven murder cases are to be
tried in the district court for Gar-
vin county which opens September 3.
A little old man entered a 1:
music shop and asked the ass istant
show him a book of flute music.
"Here, sir, is a very fine selecti.
said the assistant, "and cheap hi I ;
dollar, seeing that it contains no ft
than 50 airs "
The old man took the hook, op<
it, and laid it on a shelf. Then lie took
Ids (lute out of hi3 coat pocket,
screwed it together and began to play
softly the first tune In the book.
When he had finished the first
he turned the page and played
second. Then he played the third.
An hour later he was still playir
The assistant thought it was time
hurry him up a bit.
"Well, sir." he Eidd, "do you think
the book will suit you?"
I like these so far very much,
thank you," said the old man, putting
his instrument to his lips again,
1 have only played half the luiit
far!"
If
aed
tune
the
to
"hut
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Gillespie, F. L. Logan County News. (Crescent, Okla.), Vol. 4, No. 31, Ed. 1 Friday, September 4, 1908, newspaper, September 4, 1908; (https://gateway.okhistory.org/ark:/67531/metadc234173/m1/6/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.