Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 9, No. 1, Ed. 2 Saturday, April 3, 1897 Page: 2 of 4
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The State Capita!.
I department and if reported would not
. be charged to the clerks.
V the State Capital Printing Co.
PRANK h. GREER, Editor.
shall be turned into the county treas-
ury. Callahan can thus save the peo-
ple $75,m a year. Will he get a move
The decision of the supreme court of j on him and attend to this, or will he
I this territory was known long be- , let the government bi .-< th -, territory
I fore it wi, argued before th.it court, out of V a year, le-.des compell-
SATURDAY, APE. 3, 1S97
suhmckihti"" hates.
Mtrtctlj lu A<l nc .
D.llf I ?* >•
(iiiij. 1 BBOnth
1
We*iiy,l y«*r
H en ;j. * month#
1 UK OOVERSVEBT
lilLKEH
sow
The clerks knew what It would be
before it was promulgated and let it
out to the public. This decision was
a determination on the part of the
judges to cinch this territory for over
S100,000.00 per year for the special
benefit of the clerks of the district
coarta—aud the clerks have always
had an extremely confidential relation
—r with the jodges.
THE Thk Statk Capital got the decision
of the treasury department and pub-
. lished it, which sent a bomb shell into
The clerks of the distru t i our o , clmp of the clerks, and proved
the territory are on the sur.ace c tic | tbttt (he judtres knew wlion they ren-
Ing over a decision cf the n^"f*{ j ,jered the decision that the clerks had
States Supreme court on lib 1 >th, never rep0rte(j these fees to the gov-
lMt, in the case of the I nited States (.rnmenj Bn(j Qever intended to; that
vs. McMUten et al, from > tab, in\o v i .^ practice of the govern-
ing, they say, the same questions > inent to charge these fees to the clerks,
cided by the Supreme court t lis The counties over the territory re-
territory a year ago in the i a , ■ 0 \ fused to allow bills of the clerks for
l'itts vs. Logan County. Tht )ai'^! criminal tees above the territorial
Leader takes this as an approval of
tho superior wisdon of the Supreme
court judges of this territory. It may
ing the people to pay the government
salaries to district clerks and their
clerical help
make the judges feel good to think
that the 1'nited States Supreme court
has followed in their august footsteps.
The motires and grounds of the two
decisions, however, are very different.
The McMillcn case is based on the
federal law as related to Utah. In
1874 all territorial laws on fees were
repealed ah to Utah and the govern-
ment paid all officers, clear down to
justices of the peace aud constables
This was done owing to the Morinan
question, the government deeming it
necessary to take all local power from
tho people of that territory. Here is
the taw on which the McMillen de-
cision hinges,, as recited in the de-
cision:
"And by Act Cong. June L'3, 1874, c.
4C,it, < 7, "the act of the congress of
the : nited Stales, entitled 'An act to
regulate the fees and costs to be al-
lowed clerks, marshals and attorneys
of the circuit aud district courts of
the United states, and for other pur-
poses,' approved February 20, 1853, is
extended over and shall apply 11 the
fees of like officers in said territory of
Utah;" ••mid nit l«wn of mild irirUiiry.
inriDiHlKtnit with the pravlnhmM f) thin
net. arc hereby illiuii>irrovctl." 18 Stat.
S5tl. *
"With those exceptions, congress
thus, in 1874, by acts passed on two
successive duys,—the Revised Statutes
• 'uJuue 2?d, and the other act on
J tne 23d,—substantially re-enacted,
u-t including tne territories, all the
piovislons of the acts of 18.13 and 1855;
and, in the act of June 23, 1874, as if
to emphasize Its intention to cover the
whole subject, both of the fees to be
t«xed, and of the maximum amount
th rcof to be retained, by every clerk
OI a district court in the territory of
Utah, expressly disapproved "all laws
of said territory, inconsistent with the
provisions of this act."
"Yet the fee bill which had been
atlooted by the territorial statute of
I'Vbroary 20, 1874, was alterwards re-
t lined by the legislature of Utah in
codifying the statutes of the territory.
Comp. Laws Utah 1870, i 2378 etseq.;
Coiup. I.aws Utah 1888, $ ",141 et seq.
"Ily the organic act of the territory
of Utah, as of other territories of the
United States, the legislative power of
the territory extended only "to all
rightful subjects of legislation, not
inconsistent with the constitution arid
laws of the UolUd States;" all stat-
utes of the territory, if disapproved
by congress, were "to bo null and of
no effect;" and tho constitution and
all laws of the United States, not lo-
cally inapplicable, were extended over
and declared to be in force in the ter-
ritory. Act Sept. II, 1850, e. 51, 0,
17. ('.I Stat. 454, 458; Rev. St. W. 1850,
1851, 181)1)."
There was no territorial fee bill in
Utah—except the one erroneously car-
ried in the statutes, which had been
disapproved by congress in 1874—when
the fees involved in this case were
charged. The clerks were working
wholly under ifederal law; a con-
dition purposely put upon Utah owing
to Mormanism. This case purports to
apply to all territories alike, but legal
conditions existing ic Utah when this
case originated and in Oklahoma now
differ greatly.
If this decision be true—if it refers
alike to all the territories, then half
the fees charged In Oklahoma were
illegally taxed. The clerks hail the
happy manner of charging from the
federal bill, where that fee schedule
was the highest, and from the terri-
torial bill where most money could be
realized from it. If they stand on the
McMillcn decision they owe to liti-
gants every dollar charged from the
territorial fee bill, above the amount
prescribed in the federal law, for the
territorial fee bill was contradictory
of federal law and therefore void.
We charged at the time the Oklaho-
ma court rendered its decision that the
decision was a simonistic outrage.
Some way or other and with evident
luteut. on both sides—the question of
fact was entirely omitted from the
case, as to what tho ruling of the de-
partment had been regarding these
fees. The judges know full well that
these fees wc-re not being reported
and were never cliargcd by the treas-
ury department to the district clerks.
At the very time this decision was
rendered, a written opinion was in the
hands of the district clerks from the
treasury department declaring that
the government never had and did not
then claim any jurisdiction over terri-
torial civil and criminal fees; and that
such fees should not be reported to the
again took their eases into the court,
relying on the judges to sustain their
own vulnerable and outrageous decis-
ion. Without this decision of the
supreme court of the United States,
the supreme court of the territory
would have been compelled to reverse
itself, for in the appeal of the Logan
county case, County Attorney Huston
inserted the decision of the treasury
department wherein the United States
disclaimed all jurisdiction over terri-
torial civil and crlninal fees, and in-
structed the clerks not to report
them, and declaring that all laws in
the territory restricting territerial
fees were valid.
In a case in the Logan county dis-
trict court last week on appeal by
l'itts from the disallowance of crim-
inal fees by the board of county com-
missioners, Judge Dale rendered
judgment against the county based
on this United States supreme
court decision. If this judgment
stands, it means that Logan county
must pay Pitts about 87,000 of crimi-
nal fees which were disallowed under
the territorial act limiting criminal
fees to S300 per year. In the case
Tuesday week, Judge Strang raised the
point that the federal law on district
court fees related to the territory only
and not to the counties, and that there
is no law, territorial or federal, which
makes the county responsible for
criminal fees. He will appeal the case
to the supreme court of the territory
on this point. It. will be remembered
that Burford held in the ease of Pitts
vs. Logan County in tho supreme court,
that criminal cases being entitled
"Territory vs. John Doe," the territory
was responsible for all fees aud that
they could not legally be collected
from tho county.
In the meantime, the clerks have
settled with the government and got
their clearance receipts. Of course, the
government sannot go back of the
records, though its rulings aud prac-
tice be wrong,according to the United
States supreme court. It cannot make
the clerks report these back fees now
and turn therm into the government.
Tho clerks will keep all they have re-
ceived aud will of course proceed
against the county to collect all that
is due. Having beat the government
out of till' money they will now pro-
ceed to boat the counties out of it
This is a hugo injustice.
Though the supreme court of this
territory decided that all territorial
fees, civil and criminal, must be re-
ported to the government, aud that
legally the government should charge
the clerks for them, the clerks went
right on making reports to the gov
erument without reporting any terri
torial civil or criminal fees, and the
judges nullified their own decision by
approving these reports before they
went to the government. They knew
however, that the clerks, uuder the
ruling of the department, did not have
to report these fees aud that they
would not do so, when they rendered
the decision. It was a deliberate and
bare-faced scheme to rob the people
for tho benefit of the clerks.
Tho way the matter stands now, the
clerks have got very much the worst
of the deal. They are now limited to
#3,500 a year salary and reasonable
clerk hire, lie fore, they got the gov-
ernment limit of salary and all fees
they could get from individuals and
the county. Now this territory is
placed in the ridiculous position of
litigants putting up money to go to tho
treasury of the United States and of
the peoplo being taxed to turn fat fees
into tho government treasury. It is
an absurd aud unjust position. Cer-
tainly congress never intended the law
to have any such effect.
This territory will every year pay to
the treasury of the United States
through the district courts over 8100,-
000 and will draw back less than 825,-
000—875,000 clear profit given to the
government off the people of this ter-
ritory!
Here is some work for Itrother Cal-
lahan. Let him follow up the bill of
Senator Vest, creating a salary for
district clorks, and add a provision on
the bill, that all civil territorial fees
OL'H -APOLOlty."
Though Tjib State Capital knows
considerably more law than is neces-
sary to get a certificate in any Okla-
homa court, it makes no great preten-
tions to legal acumen.
Some real lawyers tell us we were
mistaken in the declaration that the
government cannot go behind the
semi annual settlements with the dis-
trict clerks and make them "cough
up" the territorial fees they have not
reported or been charged with; that
public officers are bound by tho law
and settlements made contrary to it
are ultra vlrt*: that if the McMillan
decision of tho United States supreme
court applies to all territories alike—
not to Utah legal conditions only-
then the clerks of Oklahoma have in
in their possession large sums of
money which belong to the govern-
ment and must be accounted for: and
that, wnen the treasury department
is referred to the McMillan decision,
and if it determines it applies to Okla-
homa, about 830,000 or more of finan-
cial atmosphere— nearly four years
excess fee* will be quickly pumped
out of each of the district clerks of
this territory or their bondsmen!
Since the clerks, and their diaper
newspaper sheets, are so proud that
tho Oklahoma supreme court was
upheld by the United States supreme
court, why not coupletheir pride with a
gathering of unreported assets for
transmittal to the government,
compliance with law long violated?
Tiik State Capitai. may not "apclo-
gize"to the magi who decided and then
aided in nullification of their own de-
cision, but when the governmentcalls
on the clerks to show reason why the
federal law has been violated by them
—over judicial signatures,—an "apolo-
gy" will have to oe made by the
clerks to Uncle Samuel accompanied
by a transcript of the fee records and
the cash to balance!
We think the clerks will very soon
be declaring, and trying by all the
legal talent at hand, to show that the
Utah case is not a parallel to Oklaho-
ma; that the judges of the conrt here
knew no law when they decided that
the clerks must report all fees—but
they "overflew" with legal wisdom
when they nullified their own decis-
ion by their own signatures to de-
ficient emolument returns.
The clerks will have a sickening
reversal of opinion when the govern-
ment makes a call for about 8150,000
of long past due fees belonging to the
government, but which the clerks
have beon using as their own
How did it happen If the Pitts vs.
Logan county district fee decision of1
the Oklahoma supreme court is such
supremely good law, that the United
States supreme court makes no refer-:
ence to it in the McMillen decision.'|
Is it possible the fulminatioa of our;
wise j rdges has been out on the world 1
for more than a year and the I". S. su-
preme court has not vet heard of it? j
Tnis talk of crowds is exhilarating
buncombe. There is but one "crowd"
and that is the republican party. Who-
ever is appointed, the balance will
manage to survive and go right along.
The main concern is to get men at the
head of the party who will strengthen |
it, and at the same time give the peo- [
pie the best possible public service.
TiMF.s-JouRXAL: TheGuthrie Leader
announces that H. D. Good, "a leading
business man," has been nominated
for mayor on the citizen's ticket. We
l*ive read the Guthrie papers almost
eight years, but we have never seen
Mr. God's name in any advertisement.
We are therefore led to believe that
the Leader is mistaken.
FOR ONE DAY AT
There can't be mcch in the "ex"
prohibition, when three ofthe first ap-
pointments made were "exes." Claj-
ton is an ex; Barnes of Ft. Smith, is an
ex, and the man appointed as marshal
of South Dakota was marshal under
Harrison. This talk is probably to
ease the jam and give the president
time to think.
This paper said Monday "Classen is
a machine man." The editor wrote it
"Classen is a Michigan man." Came
through our beautiful Spencerian
chirography.
Thomas Ryan, appointed first assist-
ant secretary of the interior, is an-
other "ex." He was Minister to
Mexico under Harrison.
What does the White house edict
against "exes" amount to when almost
every appointment made so far is an
CONTESTANTS HAVE FUN.
A good story never fails of careful
retention aud entertaining rehearsal
by Judge Tarsnev. He says while he
was out in the western part of the
territory holding court, a fellow was
charged with cattle stealing and when
the case was called the prisoner was
brought forward and asked if he was
ready for trial, to which he answered
that he did'nt know whether he was
or not, as he had no lawyer. The
judge then said to him: "1/ have ap-
pointed two ofthe best attorneys of
the bar to defend you, are you ready
for trial?" The prisoner scratched
his head and said: "Your honor, if
you will allow me the privilege of
trading one of the lawyers for a wit-
ness, I'll he ready fur trial in fifteen
minutes.''
i'nilce Irlrri to More the Family lint
the Wife Objected.
There seems to be a difference of
opinion between Mr. Jessie IJrycn and
the Indian department. Mr. Bryen
leased an allotment, which joins
Blackburn on the northwest and be-
longs to Louise Hayhvlle, for a period
of three years. LI is lease ran out the
28th of February when he tried to get
an extention and to this effect, Mr.
liryen says, a verbal contract had been
enteied into by Mr. Webb and himself.
In the meantime Mr. Monney called
upon the clerk, leased the place and
was to have taken possession about the
1st of March but Hryen claimed his ex-
tention right and stayed where be was,
continuing his spring work and put-
ting out his crops.
Last week Webb received a
warning writ, drawn up by Roy
Hoffman, assistant United States at-
torney, for Oklahoma, dated March
24th which stated that Hryen's time
had expired and unless he vacated
steps would be taken for his ejection.
Armed with this paper and six of the
Fonca and Otoe Indian police Mr.
Webb appeared on the contested allot-1
incut, and having served the writ upon
Mrs. Hryen (her husbrnd being away
at the time) proceeded to move every-
thing in Mght out on the public high-
way. Finally the police were ordered
to move the household goods but Dave
liryen advised them not to obey the
last order and as his advise was back-
ed by a double barreled shot gun,
which was a powerful argument in
itself, his council was taken. The
| wnole party then returned to Pawnee.
All Shoes Reduced in Price
For that Day Only.
This One Day Sale is to advertise our Shoe
Department, which we are endeavoring to
make one of the leading features of our house.
We have lately increased our stock and are
carrying a better line of goods, and are selling
them at very close figures.
Women's Shoes.
Woman's SI.00 Dongola and Glove Grain Shoes,
one day price, 18c.
Woman's 81.25 Dongola and Glove Grain Shoe?,
one day priee, 81,00.
Women's SI..'50 Dongola Shoes, Lace and Hut
ton, one day pricn, SI. 15.
Women's Si.75 Vice Kid, Lace and Button, one
day price, SI.39.
Woman's $2.00 Dongola, Lace and Button,black
and tan. one day price, Si.58.
Woman's S3 00 Dongola. Lace and button,
black, tan and ox blood, one day price, 82,25.
Women's Oxfords.
Woman's 50c Oxford Ties, one day price, 38c.
Woman's 75c Oxford Ties, black and tan, one
day price, 58o.
Women's SI.00 Oxford Ties black and can, one
day price, 78c.
Woman's 81.25 Oxford Ties, black and tan and
oxblood, one day price, SI.00
Woman's 81.50 Oxford Tie, black and tan and
oxblood. one day price, si 15.
Woman's §1.75 Oxford Ties, black and tan,one
day price, $1.39.
Women's 83 00 Oxford Ties, black, one day
price; SI.58.
Thk late announcement that John
Foraker, brother of senator Joseph
B., had arrived at Ferry,is just begin-
ning to get proper significance. The
story is that he came to examine
Freeman. He is examining nobody.
He went right at work sawing wood.
He came, no doubt, to establish resi-
dence. He is a lawyer. The belief is
well grounded that Senator J. B. has |
sent his brother to Oklahoma to smell |the west' llu was ™hal at Cripple
of home rule and ripen for U. S. at
GIVE THE BOYS POINTERS.
ftlg-bleitrted Dick the Oklahonm Sport
1« all flight.
I Augusta, Kas., Gazette. Dick l*lunk-
! ett, of Ferry, came in last week for a
, visit with William Shoeb and family.
| Dick is one of the most noted sports in
torney. This is a cruel boom to send
into the camp of the many applicants
for this job, but it really looks like
they are after a job predestined for
another, and an outsider at that!
Children's School Shoes.
Children's 85c Glove Grain, patent tip, 0 to 8
one day price, 65c
Children's 98c Glove Grain, naient tip, 8 1-2
to 11 1-2, one day price, 78c.
Children's 81,15 Gluvo Grain, patent tip, 12
to 2, one day price, 90c.
Children's 75c Dongola, patent tip, button,
0 to 8, on3 day price, 58c.
Children's 89c Dongola, patent tip, button,
9 to 11 1-2 one day price 08c.
Children's 81.00 Dongola, patent tips, button
12 to 2, one day price, 78c.
Children's SI.00 Dongola, patent tip, button, 9 to 11 1-2, one day price
*l-2s *' " " 12 to 2 •• ' «j
OScTan Dongola Springheel, 0 to 8 " "
11 U'05 11 11 * 1,810 11 12 "
Babies 35c Crocus Shoes, " to 5 " >■
11 «?C ?,0nS°ie8' «nT n. (iray and Wine Black, 1 to n. one day price,
65c Oxblood and Tan Shoes, 2 1-2 to 5, 14 •*
;; 7^c W1 4", " '* . Springheel, 4 1-2 to 8,'
hoc Black, White Stitch, Springheel, 6 to 8 11 >>
l'at Nai.I.K. is having his famous
'street Antoine" letter of last summer
engraved and illuminated to send down
to McKinloy as a s;old pedigree. This
is the letter iu which 1'at said "the
farm, tho workshop and the street are
the home of tho revolution." Pat will
find this gold record dissolved in chlo-
lide of silver—tho silver record he
made fighting Dennis Flynn and for
Callahan, a member of the populist
crowd his letter was so bitter against.
Ik the McMillan I'uited States
supreme court decision fixes a rule of
law for Oklahoma, then the district
clerks of Oklahoma are holding a large
amount of money belonging to the
federal treasury. Will the judges of
Oklahoma see that their clerks turn
these back fees into the government,
or will they go right along helping
the clerks first, to biik the people and
then to bilk the government.
Creek and Creed, Col., and chief of
police of Perry, Oklahoma, when these
towns were in their palmiest days, lie
is also a pugilist of some note, having
defeated the heavy-weight champion
of Colorado. lie has refereed adc/.en
big prize lights and was on his way to
Carson to see the great mill of the cen-
tury when business called him over
here in the capacity of deputy U. S.
marshal, lie is known all over Okla-
homa as the leading sport of the west,
no convention is complete there with-
out him for sergeant at arms. While
a member of the Oklahoma legislature
he introduced a bill legalizing prize
tights in the territory, but it was
killed. We might mention the dozens
of write-ups that the Kansas City Star,
Wichita Eagle and the territory pa-
pers have given him, but what we
started out to say was that his week's
stay at Mr. Schoeb's was one contin-
ued round of pleasure. Tho boys of
the neighborhood would gather in and | < ^ f
he would give them pointers on box- -fta/? f icfl Ot"l
ing; hunting parties were formed and Lilt' 1
the entire week was spent in merry-
making with always a crowd at Mr.
Shoeb's enjoying themselves. lie
speaks in the highest terms of their
hospitality and when leaving said that
truly "Mrs. Shoeb was a daisy" when
it came to entertaining, lie left for
Perry Wednesday.
Men's Shoes.
Men's SI.50 Fine Satin Calf Shoe, lace or congress,
all toes, one day price, 81.20,
Men's 81.75 Fine Satin Calf Shoes, lace or
congress, all toes, one day price, SI.38.
Men's S2.00 Fine, tan or black, Lace
new toes, one day
"r$1.58.
All goods marked in plain figures
at regular prices so anyone can see
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Greer, Frank H. Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 9, No. 1, Ed. 2 Saturday, April 3, 1897, newspaper, April 3, 1897; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc275314/m1/2/: accessed March 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.