The Oklahoma Democrat (Altus, Okla.), Vol. 5, No. 48, Ed. 1 Thursday, February 29, 1912 Page: 1 of 8
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«\I7E'RE in the fight, that's all," said the irrepressible Teddy yesterday. But he neglected to state who are*«"
W included in the sigificent word "we." Go to it, Teddy: Fool em again.
THE OKLAHOMA DEMOCRAT
ALTUS, OKLAHOMA, THURSDAY, FEBRUARY 29,1912.
MCI MM
>
SECOND WR'TTEN COMMUNICATION TO JUDGE SWAYNE
SAYS DIVISION HAS BEEN 7 to 5 EVER SINCE FIRST
BALLOT TAKEN.
rso few civil cases in seventeenth district that
HEARING COULD BE STARTED IN TWO WEEKS—MANY
FOR GRAND TRUNK
EXTENSION
MONTREAL, Feb. 27.-At the
office of Vice President Fitzhugh
of the Grand Trunk Railway Co.,
bids were opened today for the
construction of the roadbed ana
buildings of the Southern New
England Railway, which 13 to be
the name of the Grand Trunk ex
tension from Palmer, Mass., to
Providence, R. I., where the grand
trunk plans extensive terminal fa-
cilities and steamship connections.
The contracts call for the com
pletion of everything in connc:-
tiin with Ow road by the ercl of
next year.
ION
lave
tary
the
ign,
btich
be
are:
ces-
the
iced
all
uch
four
Co
IK-
TELEGRAMS RECEIVED BY SNEED'S ATTORNEYS.
EARLY RETRIAL OF CASE IS PROBAUE CONSERVATISM
RULES G. 0. P.
IK NEW YORK
FT. WORTH, Feb. 27.—Though
both sides in the Sneed case have
practically become satisfied that
an agreement is impossible, there
\vas no discharge />f ,the iiury
Monday. This much was stated by
Judge Swayne at noon. He did
not say how much longer he
would hold the jurors, but merely
that he would not discharge them
any time during yesterday.
The jury, according to its state-
ment which was published in the
Star Telegram extra at 11:30,
stands seven to five, and has stood
this way ever since it took the
case.
Jndge Swayne issued orders to
Deputy Sheriff Toll Johnson, who
has charge of the jury, not tt>
bring the body in court any more,
except in case of a verdict, or a
request for additional instructions.
Retrial of the case within fifteen
days after the present jury is dis-
charged, if it continues to fail to
agree, is one of the possibilities
(in tty easy: already so tyll of
surpriess.
Judge Swayne took up his civil
docket Monday morning and com-
tion of the court, to which appeal
is taken on that ground. In one
case, with much less evidence than
this, dismissal of a jury after for-
ty-eight hours deliberation was
hel djoepardy.
With the great mass of oral ev-
idence, and the 110 exhibits that
have been introduced, many of
then long letters and telegrams,
some of the attorneys estimate
that a full week's consideration
would be necessary to permit dis-
charge without joepardy.
The jury took the case at 9:30
o'clock Saturday night. The forty-
eight hours held too short already
in a cm would not have released
the jury at 9:30 last night. That
there will be at least another 24
hours before the jury is discharg-
ed seems to b a foregone conclus-
ion.
Many pick Wednesday as the
probable time, and a number of ex-
pressions were heard in the court
house corridors that Judge Swayne
should not dismiss them after so
long and costly a trial until that
time.
That the jury is hopelessly tied
ENGINEERS' REPORT
0NWA1ER SUPPLY
FOR ALTUS NEEDS
On the. Preliminary Investigations
for a Water Supply from the
B:rds Mountain Drainage Area
for Altus, Oklahoma.
An investigation of Bitter Creek
as a possible source of water sup-
ply for the Ctiy of Altus was un-
dertaken on February 21, 1912, by
E. E. Hudson and Blair L. Boyle,
and a sufficiently comprehensive
survey was made to warrant tne j million gallons.
during low water, and owing to
the heaviness, all but an inappre-
ciable amount during flood timet.
The drainage area which con-
tributes all of its run off to Bit-
ter Creek within the limits of this
prpject comprises four million
teres or about 70 square miles. It
extends to Myrds Mountain on the
northeast and almost to Elk Creek
on the north.
The amount of run-off in an av-
erage dry year con conservatively
be estimated at five billion gal-
lons, but since a great deal of this
will come at floods, we cannot
handle it all and some of it will
get by us over the dam. We can
merefore count on five hundred
docket Monday morning - w ^ ^ ^
paratively few eases were ready
for trial. These can be disposed
of and the court would- then b
ready for another trial.
Ten days would have to elapse
for the submitting of another spe-
cial venire. Beyond that there is
said to be nothing to require a
further delay.
Whether or not this will be ask-
ed, County Attorney Baskin did
not say Monday. He said that the
future course had not been decid-
ed.
How long the jury will be kept
if they fail to agree is mere guess-
work. The guesses range all the
way from Tuesday morning to
next Saturday. These are based
on the higher court decisions that
if a jury is discharged before
there is ample time to review all
the evidnce, their discharge con-
stitutes jeopardy within the mean-
ing of the law, and is therefore
equivalent to an acquittal.
May Be Out Till Wednesday
No statute fnv«m« I:C timc tiic
jury must le r.ut 'o avoid this P ea
of former ic<-paruy.
It is a question for the discre-
cation to Judge Swayne signed by
all shows this, also stating that
each man is of the same opinion he
held when the first ballot was
taken.
The wording of this communica-
tion also seems to indicate that
they are not split up into several
groups, some favoring ^ne de-
iwwwwwwwvw. - • — --- - - "
t+ f+ f + + +
4* WHICH IS WHY?
4* There are various reason
4* why you sohuld visit the
4« When you are in need of a
4* Druggist, but the leading
4- CITY DRUG STORE
4- one is that you always get
4. ABSOLUTELY FRESH
4. GOODS. WHICH IS
+ ~ WHY you should give as
+ a calL
+ SOUTH SIDE SQUARE
gree, some another, some man-
slaughter and osme acquittal, but
that the division is a distinct one
between two sets—seven on one
side and five on the othr. Others
think this indicates only that the
jury has divided on the question of
conviction or acquittal without go-
ing into the degree or penalty if
they convict.
Jury's Communication.
The communication is as follows
in full:
State of Texas vs. J. B. Sneed.
In District Court, Tarrant county,
Texas. Hon. Jas.v W. Swayne,
Judge:
Having sat for three weeks lis-
tening to the evidence and argu-
ment of counsel in this case, we
felt, when your honor's charge
was given us, and now feel, that
each of us in our individual ciews
were thoroughly prepared to re-
turn a verdict, and if we had all
have been of one mind as to the
kind of verdict we should render
this could have been handed in tc
^ j your honor at a time much earlier
^ 1 than our communication of yes-
.j, terday.
+ ! Bat we are disagreed, and. as ir
^, dicated ot you in oar cotnmunica-
4,' tioa of yesterday, there is abso-
[Copland oa VM«
NEW YORK, Feb. 27.—William
Barnes, Jr., chairman of the New
York state republican committee,
who has been enjoying a brief va-
cation in Cuba, is expected to re-
turn tomorrow, when plans for the
republican state convention will
be worked out.
The convention will be held on
April 9 in Rochester, and accord-
ing to local leaders, the conserva-
tive wing of the party will be in
complete control, although it is ex-
pected that the Roosevelt forces
will make a demonstration.
Dr. Nicholas Murray Butler,
president of Columbia, and Dr.
Jacob Gould Schurman, president
of Cornell, are said to have been
given the job of drafting a plat'
form.
That it will be ultra conserva-
tive, with not a trace of the radi-
cal planks advocated by western
insurgents, unless by the way of
deninciation, is assured.
It has been intimated that a
plank may be included demanding
the repeal of the Sherman anti-
trust law as injurious to business
interests, but it is not likely that
conservatives wil risk adverse
public opinion so far as that.
Unless there is a great change
in sentiment between now and Apr.
9, the Rochester platform will un-
doubtedly represent in its entirety
the conservatime commercial and
financial interests of the Empire
State.
following joint report and approx-
imate estimate of cost:
At a point on Bitter Creek about
three miles to the north of Mar-
tha, the exact point be de-
termined later, a dam may be con-
structed which will deliver the
flood waters of the creek into an
open canal at a sufficiently high
elevation to allow this water to
be carried into the Altus reservoir.
This dam should be of the re-
inforced concrete, overflow typ
and will be provided with such
canal gat's, spillway and low
water flow outlet as will properly
control the amount of water car-
ried in the ditch at all times.
The canal will vary somewhat
in size, owing to the addition of
drainage at different points, but
should not average less than IS
feet bottom width and 5 feet deep,
in level cross section.
With the dam at the point above
suggested, a grade of two feet in
a mile may be secured, which will
be a veyy satisfactory flowline.
The line of the ditch is approx-
imately shown in the accompany-
ing pkt. It would enter the old
reservoir inlet on Main street read
either at a half mile north of the
point where it turns to the east,
or at some poitn onf that half
mile.
It will be necessary to lower
the inlet at the reservoir two or
three feet, also to make some re-
pairs to the reservoir dam, en-
large the spillway, and possibly
construct an auxiliary spillway.
> Regarding right-of-way, it will
be impossible to follow section
lines with the ditch owing to the
lightness of the grade which it will
be necessary to use, it is therefore
to be hoped that public spirit, and
the enormous public benefits which
Our reservoir full to the top
would hold three hundred and ten
million gallons.
Compare the above figures with
corresponding ones of our present
facilities:
Our reservoir now gets the run-
off from only three hundred and
twenty acres, yet we secure en-
ough to keep water in the mains
most of the time.
As a matter of comparison, Law-
ton's reservoir has a capacity of
five billion gallons and gets the
run-off from sevel million acres.
The above recommended layout
would deliver when running full
750 gallons per second into the
reservoir, or sixty-four million gal-
lons in twenty-four hours.
Therefore a week's heavy rain
would entirely fill the reservoir.
Following is an approximate es-
timate of cost:
bridges SE SE SES
Caanal excavation $14,248.00
Right of way and
bridges 9,000.00
Dam and canal gates.. 5,000.00
Repairs to old reser-
voir 800.00
Engineering and inci-
dentals 1,000.00
Total $30,048.00
We recommend this plan as a
reasabie and comparatively inex-
pensive solution of the water prob-
lem for Altus.
SIGNES: E. E. HUDSON,
Civil Engineer.
BLAIR L. BOYLE,
City Engineer.
P. S.—The land included within
the 70 square miles of watershed
CRISIS IN COAL
LABOR QUARREL
10 MEAN STRIKE?
NEW YORK, Feb. 27.—Wheth-
e rthe 180,000 mine workers ear
ployed in the hard coal region
will lay down their picks and walk
out on strike on the last day of
next month, and by their action
inaugurating one of th egeratest
industrial struggles the United
States has ever known, depends
in a great measure upon the re-
sult# of the conference between
the miners and operators began
today at the offices of the New
Jersey Central Railroad in this
ciyt .
George F. Baer, president of the
Philadelphia and Reading oCal
company, appered at the confer-
ence as the chief representative of :
the oprators. ,
The committee to present the
demands of the miners consisted
of John D. White, president of
the UnitedM in eWorkers,an d
the United Mine Workers, and
several other national officers and
district presidents.
There has been peace in the an-
thracite coal field for nine years-
The present Agreement, which ha* -
been in force since the strike con -
mission, appointed by President
Roosevelt m 1902. made its re-
port, will expire at midnight mr-
March 31, next
The miners have formulated de-
mands, and decalre they will go -
on strike unless the demands are-
granted.
As the operators say with equal
positiveness they will grant the
miners no concessions!, the out-
look centainly points to a general
strike on April 1.
There are unique temptations to
trouble at the present time. In
the first place, an unusual situa-
tion prevails in that the wage
agreements in both the soft and
hard coal fields expire at the same
time—then, too, it is a presidential
year.
This gives the mine workers or-
ganization a strong weapon, be-
cause by simultaneous action in
several regions the leaders could
a
[ accrue from an assured water j prairjes.
. c -.v. I create a condition approaching
is gently rolling with an average
slope of about two feet to the mile. fami"e- _Qnri -
. ^ , u. The anthracite miners demand a
About 60 per cent is unaer cultiva-1 e . . on
, , , , 1 wage increase averaging 20 per
tion and the balance mosquite, J
icent., an eigth-hour day, recogni-
The deelgation chosen by the supply for the City of Atlus, will The soil is mostly what is known j the CQal companies
convention to go to Chicago will, induce a liberal donation of the, «tight land>" is bright red in 1 ^ ^ ^ the ^
offer the New York state platform right-of-way from the property | color with smau streaks of alkali; abolition of the concilia-
owners affected, especially since rjong the draws. No salt flab or, ' . , w_-
most of the land affected will lie ; gypSum occur within the entire j1?0" c^r ' J*5!™ -
along the slop, adjacent to the Xshed. E. E. H.-B. L. B. ins,ead by
creek banks, and is now either
as a model to be followed and
will urge a return of the "old time
republicanism."
"Let the democrats make their
fight in ephemoral political here-
sies, as they have during three
campaigns when Bryan was their
leader," declared a prominent New
York republican, "Ind the republi-
cans stick to a safe and sone can-
didate and platform, and the re-
sult will be a certain victory for
the republicans. God help the
country." he added pitiously. "if
the choice is between two dema-
lying fallow or is used for pas-
turage.
Above the dam the reservoir
would cover some twenty or thirty
acres, and there should be pro-
visions for a similar reservoir
somewhere on the line of the canal
T*4'4' + *4*4' + 4*4* +
4* WHAT THE MINE +
4. WORKERS WANT 4-
4. v
4* Recognition of the United 4*
4* Mine Workers of America. 4-
4- That the new agreement 4*
as an equalizer of flow. It would j ^ be for a period of one 4*
be necessary to construct timber
bridges, nine in number, at each
section line, and also to construct
4* year instead of three. 4*
4* That eight hours shall 4* ( ,
4-constiute a working day, with 4* 1 s 1 mg sca f
atnlrn rAfTlflllS
car load, a one-year agreement,
and minor concessions.
The operators have not given
any official notice of their inten-
tions, but it is well known thnt
they have no intention of granting
these demands.
While the mine workers argoe
that the increased cost of living
has made necessary a wage in-
crease, the operators hold that the
created by the
strike commission in 1902. has
,^s of the Roosevelt. Cull-1 private crossings. approximtely j + n0 wage reduction +. ^ « i,
mins and UFollette. or th, Wil-i one to each *et,on. 1+ Tha, eoal sh.1 be mined + * ^ of ^
son and Clark stripe." j Refenng to the advisability of, 4. a„ opaid for at the rate of 4- J advance in wages
Col. Roosevelt is expected to, the project in ger^ral — Bitter + 2.240 pounds to the ton. 4- -lh, under esent
make a strong fight against the ; Creek is of course bitter, but only < .j. ^ better method of set- 4*
proposed adoption of a consen a- that portion of it which is its nat-1+ tHng grievances than the con- 4* l0_^ 0^tzi0n admit that there
tive platform, but the general opin-, ural flow anaugmented by storm, j ^ c;iiati0 nboard procedure. + e
ion of politicians is that the bus-! Being strongly impregnated with 4. A minimum wa*e rate
iness interests will be in control
and that New York state will have
a declaration of principles more
itive that any ia years.
minerals, this natural flow is heav-
ier storm water.
The dam can be coastrocted as
to entirely brpess the salty flow
. , . has been an increase in the cost of
4* A ratc of + IIving. ^t point oat the fact that
4* consideration work and $2^0 4* . .... ___ .L .
♦ . d.y to. laborer!. ♦ moch hem. ^
♦♦♦♦♦♦♦♦♦♦♦♦♦♦
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Williams, R. T. The Oklahoma Democrat (Altus, Okla.), Vol. 5, No. 48, Ed. 1 Thursday, February 29, 1912, newspaper, February 29, 1912; Altus, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc281644/m1/1/: accessed May 7, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.