The Guymon Herald. (Guymon, Okla.), Vol. 22, No. 20, Ed. 1 Thursday, July 25, 1912 Page: 3 of 8
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SAMUEL ECKER
U. S. LAND COMMISSIONER
All land office work receives proipnt
and careful attention. Applications,
final proofi and contests taken.
Amply Qualified by Years of Experience
An Important Itwi^inn a total of Respondent wrote a
A year or two ago when Judge letter of transmittal, scoured and
Davis was in office and sought to P *d 'or * Post office order for the
emlwirrasi* Mrs. F. B. Healy. I'. S. money payable upon said application
Commissioner at Tyrone, by bringing to the Land Office, and transmitted
la suit for $1.25 as an overcharge the whole to the proper land office,
'in taking a homestead filing. K. L. 'or which services respondent
I Howsley. was by agreement of all charged Pomeroy These charges
I parties concerned selected as social a'80 covered services in making the
j Judge to sit in the case. Davis heiug mspa aforesaid The sums aforesaid
disqualified. It was supiiosed that were accordingly paid by Pomeroy.
Howsley would be fair ami show *ith knowledge of the items of
SOME THINGS
OTHER PAPERS TELL
Republicans In Dallam county.
Texas, are no thicker than reindeer
on the plains of the southwest. Any-
how. they filed no ticket down there.
Frank Roddy, now running the
Hooker Advance in the absence of
Editor Heibert is a mighty modest
politician. He has been in charge of
the paper 10 days and we haven't
seen anything therein concerning
him.
David Fausch has received a ma-
chine for making concrete slabs for
silo construction and will put up a
silo on his farm north of town. Mr.
Fausch has fed ensilage in Iowa and
no one knows better than the mail
order houses. There is no way to
meet them but on their own ground,
if the cash expenditures are to be
made at home.—-Honhatu (Texas)
News.
Judson Hulbert, the prosperous
young farmer and stockman, of Sand
Creek township, in a recent conver-
sation with the tilobe man, said that
surprising results had been obtained
by rowing alfalfa—that is, putting
alfalfa in rows about eighteen inches
apart and constantly cultivating. He
says the dry weather does not affect
it and two or three good crops can
be cut every season. Alfalfa sowed
believes that it will pay in the feed-1 in this way is certain in producing,
ing of dairy cows. J. S. McDonald and the yield is usually much more
of the Dalhart Dairy, Ib also plan-
nlng the construction of a silo.—Dal-
hart Texan.
than that obtained from that broad
casted on the lower or bottom lands.
Mr. Hulbert says he believes he can
take any of the good upland soils
The wheat is nearly all cut in this 1 in Meade county and produce alfalfa
section, and from what we are able in paying quantities each year by
to learn the farmers expect an aver-1 simply planting it in rows and keep-
age of ten or twelve bushels to the ing It properly cultivated.—Meade
acre. The Indian corn is looking Globe.
good, most of it Is taBseling. Most 1
farmers have a fair oat crop, some j J. R. Thompson was in town
milo maize and Kafir corn is good j Wednesday and said he had just fin-
and some is small and scattering I Ished cutting his oats and rye and
but may come out in fair shape yet. had it in the shock. He had only a
Summing it all up. It is considered small acreage of each but said it was
the best year we have had for some turning out fully as well as
tlm.—Optima Optimist. | pected. He figures that the rye will
make about 20 bushels to the acre
Some of the Meade county papers He believes rye is a good crop for
are making changes. The Meade this section and will plant a larger
County News has been purchased by j acreage this fall. * « Farmers are
Agnes Werhle. who has had charge | in the midst of oats and wheat har-
of it the past year; her brother, vesting this week. It will be ten
George, will continue in charge of days or two weeks before any
the job department. She has cleaned threshed and this time is looked for-
all the ads off the front page to | ward to with Interest as people want
start with. The News will change | to know what the yieid will be. From
back to democratic principles. C. C. all reports the oat crop is going to
Row of the Fowler Gazette has trans-
ferred his interest back to I. J. Stan-
ton, who takes charge on the first of
August.—Plains Journal.
Our line of farm samples is grow-
ing right along. H. R. French of
Doby brought down a sample of his
oat crop Saturday that takes the
prize. In sowing his oats he got
his drill set wrong and sowed two
and a half bushels to the acre, and
so has feared all along that they
would be so thick they would not
turn out exceptionally well, the crop
generally being the best that has
ever been raised here, with the pos
sible exception of one year.—Strat
ford Star.
This section of the country has
been made to feel some better this
week over the railroad deal. We
have two crews in the field this
week, one surveying the line for the
Dodge City road and the other is
representing the Alva road. They
took breakfast In town Tuesday
make anything but the fine rains in j niorning and went on west, but made
June brought them through in great n0 statements as to their plans or
shape and they now stand about purposes. The other crew ran the
three feet high and his neighbors line from the point that has been se-
say they will make 50 bushels to i lected as the new townsite or divi-
the acre. A fifty-bushel oat crop 8j0n point for the Dodge City line
Is pretty fair for any man's country southwest to Dilya, a distance of
these days and French is tickled to about 22 miles, by section lines. The
death about
News.
his luck.—Cimarron
To our desk there come from
seventy-flve to one hundred ex-
changes each week. From these we
can Judge very accurately the life
and prosperity of a town. If the
paper is full of good, live advertis-
ing, then that town is alive, people
are spending their money at home,
and the farmers drive in for miles
around to do trading. If the adver-
tising is rather meager and the mer-
chants are afraid to let the people
know through the columns of the
paper what they charge for their
goods, then that town is dead, the
farmers and town citizens as well are
sending away their cash every time
to the mall order houses, while the
merchants sit down and kirk because
the people are not loyal to them.
People do read advertisements and
new town will be called "Point Rock'
in honor of the old Point of Rocks.
The new town is now about 8 or 10
miles east of the original point. We
have been properly informed that
j the townsite may not be located there
for sure but that it will be definitely
located within about thirty days,
anyway. It is talked that the town
will be put six miles cast of there
but that will depend upon the sur-
vey from Hugoton. It is not be-
lieved by those parties that the road
will come any further than there this
season, but we are assured that it
will be continued through next year.
The survey that was made here
Tuesday may be varied from some,
but it now'lays about 2i miles
north of Carthage and strikes this
sect Hon line about 5j miles west of
town.—Carthage Enterprise.
Herald ads pay.
J
Don't Suffer!
141 had been troubled, a little, for nearly 7 years," writes
Mrs. L Fincher, in a letter from Peavy, Ala., "but 1 was
not taken down, until March, when I went to bed and had
to have a doctor. He did all he could for me, but I got no
better. 1 hurt all over, and I could not rest At last, I tried
Cardui, and soon I began to improve. Now I am in very
good health, and able to do all my housework."
Cardui WomanS Tonic
You may wonder why Cardui is so successful, after
other remedies have failed. The answer is that Cardui is
successful, because it is composed of scientific ingredients,
that act curatively on the womanly system. It is a medicine
for women, and for women only. It builds, strengthens, and
restores weak and ailing women, to health and happiness.
If you suffer like Mrs. Fincher did, take Cardui. It
will surely do for you, what it did for her. At all druggists.
Writ! to: Udtet' Alitor? Dept. Chattasooff Medietas C*.. CMtanoot* Twin.,
InttmrtUMA. MdW-PIB book. "Hp > TWSS—t tW WoBMS." Mflt frf. J ®
good judgment in the matter, but
he proved to be a weak and vacil-
lating jurist, and under the persua-
sion of Davis and others that it was
purely a question of law, took the
case away from the jury after he
bad allowed a jury, and decided in
favor of Davis and against Mrs.
Healy Howsley's decision was not
only without warrant of law, but re-
markably unpopular, because Davis
brought the . ase primarily to humil-
iate Mrs. Healy and Howsley's de-
cision went a long way to accom-
plish the purpose sought by Davis.
The following case cited goes to
prove that Howsley neither knew
nor understood the law when sitting
as special judge; that Howsley's
knowledge of law was such as to
make him incapable of sitting in such
a case and rendering a dec ision ac-
cording to law. The case hereafter
quoted also goes to prove that all
of those who went about over the
county claiming that the old ami new
1'. S. Commissioners charged illegal
fees lied deliberately and malicious-
ly and that the commissioners
charged no more than they had a
right to charge under the law and
that all of the noise made waB by
men who were grafting from the
county and made a great howl merely
to hide their own sins. Read the
decision carefully and It will prove
to you the fallacy of Howsley's de
clslon for a dollar and a quarter
against a most estimable lady in
favor of the ex-county judge, al-
though Howsley claims that he gave
the question great thought and
much consideration— and probably
did:
In re James, U. S. Com'r.
District Court D.. Montana.
United States Commissioners Com-
pensation—Statutes —"Made."
Act March 4. 1904. c. 394, 333
Stat. "i9 (U. S. Comp. St. Supp. 1911,
p. r,9r >. providing that proofs, affi-
davits and oaths required under the
public land laws may be made be-
fore any Cnited States Commission-
er. and that the fees for entries and
for final proofs when made before
him shall be for each affidavit 23
cents, for each deposition of claim-
ant or witnesses when not prepared
by the officer 25 cents, and for each
deposition prepared by the officer $1,
and making it a misdemeanor to de-
mand or receive a greater sum. fix-
es the fees of Cnited States Commis-
sioners for administering the oath
and attaching the jurat to affidavits
required under the land laws, but It
is not part of their duty to draft
affidavits In whole or In part, and
a I'nlted States Commissioner who
drafts an affidavit or any part there-
of, or who completes the applica-
tion part of a combined application
and affidavit under the land laws,
may charge compensation therefor
as services beyond his official duty;
an affidavit being "made" before an
officer when subscribed and Bworn to
before him by whomsoever drafted.
Note.—For other cases, see I'nlted
States Commissioners, Cent Dig. §§
5-15; Dec. Dig. § 3.*
For other definitions, see Words
and Phrases, vol. 5. pp. 4269—4270.
Proceedings for the revocation of
the appointment of John W. James.
U. S. Commissioner. Citation to
show cause dismissed.
John W. James, in pro. per
8. C. Ford, Asst. U. S. Atty., ami-
cus curl®.
BOCRQUIN. Distric t Judge. Com-
plaint was made herein by a Bpecial
agent of the General Land Office of
the United States that respondent
had In three instances charged exces-
sive and so illegal fees for official
services rendered to applicants for
public lands. Thereon a citation is-
sued from the court, directing re-
spondent to show cause why he
should not be removed from his of-
fice. Respondent answered, and
thereafter the proceeding was sub-
mitted for decision upon an agreed
statement of facts. It was therein
agreed that the complaint in refer-
ence to one Instance aforesaid should
be dismissed as unfounded. In ref-
erence to the others thereof, it ap-
pears that in one of them respon-
dent prepared a homestead applica-
tion for one Eccleston, and also a
necessary affidavit that said applica-
tion was verified by Eccleston be-
fore the nearest officer. In such
preparation respondent filled the
blanks In the skeleton form of said
application, and drafted the said af-
fidavit. Thereupon both thereof
were executed before respondent by
said Eccleston. For this service re-
spondent charged for the prepara-
tion of said Instruments J1 each, and
for the oaths and jurats thereto 25
cents each. It was then agreed be-
tween them that respondent would
write a letter of transmittal, secure
and pay for a post office order for
the fees payable upon Bald applica-
tion to the land office, and transmit
the whole to the proper land office,
for which service it was likewise
agreed Eccleston would pay respon-
dent $2.5 0. The sums aforesaid
were accordingly paid. Tn the other
of said Instances it appears that re-
spondent prepared a desert applica-
tion for one Pomeroy, a necessary
affidavit that said application v
verified by Pomeroy and his two
witnesses before the nearest officer,
and two maps or th« applicant's
proposed plan of Irrigation. In such
preparation respondent filled the
blanks In the form of said applica-
tion, and drafted the Bald affidavit
and said maps Thereupon the ap-
plication and affidavit were executed
before respondent by Pomeroy, and
the application was also likewise
verified In a single affidavit, which is
a part thereof, by two witnesses for
Pomeroy For these services re-
spondent charged for the preparation
of said application |1 for etch affi-
davit therein (there being three)
for the oaths and Jurats thereto. 25
cents each; for drafting the "near-
est officer' affidavit $1; and for the
oath and Jurat thereto 25 cents; or
charge, and consenting thereto It
was stipulated herein that respon-j
dent collected all said sums In good
faith, believing he was entitled there-
to.
The act of March 4. 190 4 (33
Stat 591. prov ides that "all proofs,
affidavits, and oaths" required under
the public laud laws may "be made
before any Unites States Commis-
sioner that "the fees for entries
and for final proofs, when made be-
fore" suc h officer, shall be "for ea< h
affidavit, 25 cents. For each depo-
sition of claimant or witness, when
not prepared by the officer, 23 cents.
For each deposition of claimant or
witness, prepared by the officer, one
dollar " And to demand or receive
a greater sum for such service Is by
said act made a misdemeanor punish-
able by fine.
The contention on behalf of the
complainant Is that the homestead
application aforesaid is an affidavit
for which the respondent could
charge but 2"> cents for filling the
blanks therein, administering the
oath thereto, and attaching his jurat;
that the desert application afore-
said Is three affidavits, one for ap-
plicant and one for each of his two
witnesses for which respondent
could legally charge but 25 cents
each for filling the blanks therein,
administering the oath thereto, and
attaching his jurat The contention
on behalf of the respondent Is that
the homestead application is a depo-
sition. and that the desert applica-
tion is composed of three dtpod
lions, one of the applicant and one
each of his two witnesses, for which
he could legally charge $1 each for
filling the blanks therein, and also
25 cents each for "swearing" the
makers thereto.
The court agrees with neither of
these contentions. The said appli-
cations embody affidavits, but they
are applications and affidavits com-
bined. Wherein the statute says af-
fidavits may be "made before" the
Commissioner, It means that they
may be executed before him—I. e.
subscribed and sworn to by the af
fiant before him and means no
more. The official duty of the Com
missloner is to administer the oath
and attach his jurat to the affidavit,
and no omre. For this service the
statutory fee is 25 cents. The affl
davit is "made before" the officer
when subscribed and sworn to be-
fore him, by whomever drafted, and
It is "made before" the officer when
so subscribed and sworn to before
him, though theretofore drafted by
the officer. It is no part of the of
fleer's duty to draft affidavits In
whole or in part, as by completing
the skeleton form thereof with mat-
ter of substance. Such drafting of
the affidavit may be done by any-
body, and needs be done before no-
body. and such drafting Is no part
of the ceremony wherein the affl
davit is "made before" the Commis
sioner If the officer actually draftf
the affidavit or any portion thereof
it is a service rendered beyond his
official duty; and this statute does
not forbid making a charge therefor
and any charge upon which the par-
ties agree, or. In the absence of
agreement, that the service Is rea-
sonably worth. For completing the
application part of such combined ap-
plications and affidavits, the Commis-
sioner may likewise legally charge
and receive compensation, as for
services beyond his official duty and
In the capacity of employe.
Cnited States Commissioners are
located throughout the states where
settlers are entering public lands
and for their convenience. They us-
ually are supplied with information
in reference to vacant lands, impart
it to and otherwise advise settlers
keep a supply of such printed and
tirscribed blank applications, affl
davits, or forms as the Land Depart-
ment insists upon, prepare them for
applicants, draft necessary affidavits
for which there are no prescribed
and printed forms and some of which
mav extend to many pages and re
quire much skill and ability, secure
needed copies of records, transmit
the settler's application and money
to the proper land office, and will
serve the settlers In many ways, of
ten saving them much time, labor
and money. In many places there Is
no one conveniently at hand to ren-
der such services but the Commis
sioner These services are rendered
as an employe, and not as an officer,
and it is not the intent of the stat-
ute that they may not be charged
and compensated for With them the
statute has naught to do. Let It be
noted, however, that the charges for
services In the line of official duty
and the charges for services In the
line of an employe should not be con
fused, but be made separate and dis-
tinct to the settler's understanding
and knowledge that the latter may
not serve as a cloak for pxcpbb In
the former and mask a violation of
the statute involved.
It follows that the charges are not
sustained, and the citation herein is
dismissed.
The Lumber Needs
of the County
FOR BALK
Second hand Deerlng platform
binder. 1«
I.ANGSTON HARDWARE CO
Can be supplied nowhere in better shape, at less cost, con-
sidering material, than here. We have purchased the interests
of the Texas County Lumber Co. Come in and let's get acquainted.
POND & COMLEY Co.
Successors to the
Texas County Lumber Co.
Guymon, Okla
Don t Delay
Come in and let us
fix up that
FARM LOAN
FRANK L. COLUNS
The Farm Loan Man
Texas County Bank Building
Box 237
Guymon, Okla.
ANNOUNCEMENTS
(Republican,)
For Congressman Second District
DICK T. MORGAN
For Representative
JAMES WEISER
For County Judge
WM. EDEN'S
For Clerk of District Court
H. C. PARC ELLS
J. O. B1NKLEY.
For Sheriff
D. H. CHENAULT
A. L. HAKER
J. V. FARR
OSCAR BIGGER
For County Treasurer
W. R. D. SMITH
For Register of Deeds
J. C. WILLIAMSON
For County Clerk
A. F. BURCH
For County Assessor
JOHN O. TUCKER
W. O. HOBB
E. A. HITCH
For County Superintendent
NETTIE B. LYNCH
For County Attorney
P. J. BRE8LIN
For Commissioner First District
J. W. WARTENBEE
BENJAMIN BOLANDER
For Commissioner Second District
B. M. BALLINGER
For County Weigher
H. C. VANWINKLE
(Democratic)
For Representative
W. L. ROBERTS
For County Judge
W. C. CROW
R. L. HOWSLEY
Clerk of the District Court
GEORGE M. FRITTZ
For Sheriff
C. A. LEE MAN
J. H. ARMSTRONG
For County Attorney
R. S. ANDERSON
M. G. WILEY
For County Clerk
W. H. GRIMM
For County Superintendent
JOANNA D. BEACH
For County Treasurer
W. T. BRATTON
For Register of Deeds
A. G. SHRIVER
For County Assessor
F. W. RODDY
For County Weigher
WM. GOODNIGHT
W. L. PERRY
J. M. SIMMONS
For Commissioner Second District
FRANK RIDGEWAY
J. L. GILSON
H. W. LEWTER
For Constable. Guymon Precinct
JACK BALL
A Good Work
In order to continue the good work
it has been pursuing, the General
Federation of Women's Clubs has
concluded it needB an endowment and
this endowment should l>e (100,000.
Every department of the work should
be advanced If the endowment were
secured. As It is such a compara-
tively small amount there should be
no trouble In raising It.
Many persons do not know what
the Federation of Women's Clubs
has accomplished. In order that we
may know, some of the thingB are
here set forth:
By bringing together women from
every state in the union to consider
common interests, the country has
been benefited. This point has not
been sufficiently stressed.
Women trained to differ amicably
In discussion, to think soundly and
broadly, to work harmoniously.
Art libraries and collections cir-
culated. Art commissions estab-
lished Public taste cultivated to
some extent.
Civil service reform advanced, es-
pecially In helping to place under
the merit system all heads and em-
ployees of eleemosynary Institutions.
A88lstance given In every branch
of conservation, pure food law, pro-
tection of birdB, Niagara and forest
preservation are good examples.
Intelligent study of Industrial and
social conditions; furnishing trained
leaders for this Btudy.
Untiring work for civic beauty;
for parks and school playgrounds,
boulevards, tree planting and social
centers.
Establishment of musical schol-
arships and special efforts to ele-
vate public taste In music. Showing
ethical value of highest art and mus-
ic.
Assistance In securing laws to
protect the young, the weak and the
diseased.
Founding directly or Indirectly
hundreds of public and traveling li-
braries. Supplying proper aid for
thorough study of literature.
Creation of special department of
public health that is a revelation to
many housekeepers.
Setting high educational Ideals
and training the mothers of Ameri-
ca how to approximate these Ideals.
What has been done is but a be-
ginning compared with what needs
to be done The endowment will
help to realize dreams that have
been In the minds of the workers
from the beginning.—W, A. White.
MARKET REPORT
Eggs I .10
Springs .15
Hens .06
Turkeys 06
Butter 15
Butter Fat 21
GUYMON SEED & POULTRY CO
Herald
bring results.
MOVED
The law offices of Harris & Bres-
lln are now located In the old Per-
kins building one block west of City
National bank. *tf
PAINTING
For first-class painting and paper
hanging, see Painter Bill.
Rexall Drug Store. 23
KALE DATES
Make your sale dates for Rabbit
Foot Bill at the Herald office. A..
dates promptly filled and bills print-
ed while you wait—and not long to
wait.
GROCERIES
In the
Summertime
It la no easy matter to keep the table supplied with
good, wholesome edibles when the mercury in the thermom-
eter starts toward the ceiling, and hangs around 90 in the
shade.
We can materially assist you In making peace and
happiness reign supreme in your household If you will buy
your groceries at our store. Our stock is always fresh. Call
and make an inspection.
J. G. McLarty,
GROCER
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Zimmerman, Warren. The Guymon Herald. (Guymon, Okla.), Vol. 22, No. 20, Ed. 1 Thursday, July 25, 1912, newspaper, July 25, 1912; (https://gateway.okhistory.org/ark:/67531/metadc274343/m1/3/?rotate=90: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.