The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 35, No. 20, Ed. 1 Friday, June 24, 1910 Page: 1 of 8
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The Guthrie daily Leader.
IT'S IN
THE LEADER
POPULAR
HOMK PAPKR
NUMBER 20
VOLUME XXXV.
GUTHRIE. OKLAHOMA KK1DAV EVENING
JUNE 2 4 1910
LAST EDITION.
S O'CLOCK.
INTERPRETED
NEW Li
WICKERSHAM TOLD
MANY PAST
WRONGS
OF
THE NEW LAW
IS ONE OF 6000
Shows How Nation Must Act
With Stato in Controlling
Big Goncorns
(By Associated Press.)
Chicago June 21. In a vigorous
defense of the power of the National
government to legislate on the sub-
ject of stocks and bonds by railroad
corporations subject to the Interstate-
commerce act Attorney General Geo.
V. Wiekersharn spoke for an hour this
morning before the Illinois state bar
association. The basis for his talk
wis the provision in the new rail-
road law authorizing the president to
investigate questions prtalnlng to
the issuance of stocks and bonds by
railroad corporations and the power
of congress to regulate them. The
enactment of such a law he con-
tended was not nearly so radical a
step as was the enactment of the per-
missive act of IMiti which gave to a
railroad corporation Of one state the
right to ciftry On interstate commerce
or the interstate commerce act of
1887. The attorney general pointed
out that opposition bad been made
to every progressive measure of com-
merce regulat'-m "But" he declar-
ed in closing his speech "the cen-
tralizing leniency lias gone steadily
on. and the control of congress over
interstate railroad companies has
been exercised iii an increasingly
COB) flfllfenslvip manner. Such pro-
gress is inseperable from growth.
The gtcat arteries of communication
between different parts of the coon
try and the Instrumentalities whton
control their operation cun only be
properly regulated in the public in-
terest by the central national power;
a power which is sovereign which Is
exclusive when exercised; and which
should be exercised to correct every
evil of a public character which ex-
perience demonstrates to be sucep-
tible of correction only by national
legislation."
Cites Nume oui Authorities.
Numerous legal authorities were
cited by the attorney general from
which he declared it may comment
ly be asserted that while congres
may Itself create corporation for ih
purpose of carrying; on Interstate1
commerce it may also prescribe the
rules and regulations under which
a corporation created by the laws ot
a state may conduct such commerce
and that when it dues so BUCb state
corporation ntight engage only in such
commerce In conformity with the
rules and regulations so lai ddown
by congress; and that these rules
have reference not orly to the ex-
change of goods and commodities
but to the subject the vehic1 ami
the agent of such cornier;- and their
various operations.
Reference to Condemnation.
Reference was made by Mr. Wiek-
ersharn to the condemnation both by
courts and economists of the reckless
issue of stocks and bonds by railroad
companies without adequate consid-
eration which he declared had
come to be generally regarded as an
evil certainly as demoralizing In it
effect on the public as the carriage
'( of lottery tickets f"m one state to
another.
Twenty Years of Errors.
Tle twenty years period of railroad
receiverships and foreclosures testi-
fied eloquently he declared to the
practical effect of such unwarranted
issues of securities unon the ability
of railioad companies to propertly
perform their functions as instru
mentalities of Interstate commerce;
while the utterance of stock for inad
actuate or fictitious consideration had
furnished the opportunity for the
most irresponsible and speculative
control of Drops ty by those who had
no real investment m it. Such con
trol Mr. Wiekersharn continued all
experience demonstrated would not
be generally exercised In the inter-
est of the road and to ensure the safe
conservative management necessary
to meet the requirements of the pub
lic and the proper discharge of the
obligations imposed upon the carrier
bv law. On the contrary it wag ai
most inevitable that such control
would be employed 'for purely specu
latlve purposes and to secure Immed
late profit to those in temporary con
tro .
It was this pibl(C aspect w hich lent
force to the conviction that watered
and ' bonus stock" was one of the
greatest abuses connected with the
management ot eo porations and it
ft f llTlf - Tf 'ttnnso of
HI Off IUD ..
the carriers to perform their dutlt
under national legislation that re-
quire and justified Federal supervi-
sion and control of the suhlect.
Specific Power Rights.
The attorney general admitted that
the Federal government could not
confer on a state corporation iower
to borrow money and issue obligations
therefor nor to create and issue
shares of stock. Only the power
which created the corporation could
vest it with authority for those pur-
poses. "But." he contended "under all the
rules and analogies to which refer-
ence has been made congress assur-
edly may regulate and restrain the
state corporate powers and may pro-
hibit it from issuing obligations or
stock for any purpose relating to In-
terstate or foreign commerce except
in accordance with rules and restric-
tions prescribed by it for the purpose
of preventing tne evils above referr-
ed to.
End is Legitimate.
"In that respect the National gov-
erment having adopted tho state cor-
poration as an agency of interstate
commerce may subject it to the same
regulations with respect to the means
of raising money for the purpose of
earning on such commerce as it
could impose upon a corporation ot
its own creation. The end is legiti-
mate viz. the regulation of interstate
commerce; it is within the scope of
the constiution.
"The means suggested are approp-
riate to correct an evil which has had
in the past a very real effect upon
the ability of these instrumentalities
;o carry on commerce among the
states in conformity with rules and
regulations constitutionally establish-
ed by congress and the means ate
plainly adapted to that end. On reas-
on and on authority therefore such
legislation is within the scope of the
i onstitiitlonal -power of congress.
How They decome Subjects.
It was contended that a state cor-
poration availing of the powers con-
rre'1 congress become thereby
subject to these respects in which
congress had legislated to all the
conditions and limitations Imposed
by congress on the exe"cise of thosc-
powors as completely as though they
were written into the charter or such
corporation.
Stock and Rate Relations.
Again the amount of stock which
a carried corporation might issue and
the extent of the Obligations which it
might incur had a direct effect upon
the determination of the reasonable-
ness of rates of Interstate transpor-
tation. Gives Final Opinion
The enactment of a law regulating
the issue of stocks and bonds by rail-
road companies Mr. Wiekersharn in-
sisted certainly went no further than
the acts regulating the hours of labor
of employes the relations between
the railroad companies and their em-
ployes or of the act of congress pro-
hibiting a railroad company carrying
from one state to another pusuant to
power vested in it by the state of its
creation a' commodity which It had
produced and owned.
T
E
Guthrie Treated to Novel
Spectacle as Autoists
Speed Through j
cn tourists passed tn rough
f'uthr'le between 7 and 9:30 this morn-
Tho niht central is to be at
Ichita. About sixty cars were In
lne and about t wo thirds of them
were contestants for the Glldden tro-
phy. The others were official and press
cars. . Lewis who made the pathflnd-
ing tr.ur two months ago was In the
pilot car. Many of the contestants
have drooned out of the race sine
tip stun in Cincinnati over a we
Thursday's scores of the remafning
contestants for tho Olidden trophy
in the order of their standing to date
are as follows;
No. 5 ChalniTe "30" Piodc' WL
drive 7U11 Uolgor score perfect. No. 1
Premier model fi-OO driver.Ray F.
McNamnra score perfect. No. 7
Maxwell driver If. B. Wallis score
perfect. No. 2 Premier model 4-10
driver Charles L Hallinger SCOf '
penalized lf6 points for adjustment
on road and late In control. "So. ?
Chalmers "an." Model 30-K driver
loe Oardham score incomplete. No 1
Hide Model special "45" driver.
Fred Castle penalized f2 points for
road adjustment. No. 15 Cino Model
A driver waiter Donnelley pena-
llzed 57 points for road adjustment.
Thursdays scores for competitors
for the Chicago trophy given in the
oider of their standings to date are
as follows;
No. 112 Mollne Mjdel driv
er p. O. Salisbury perfect ino. km
Maxwell model "C driver J. lllings-
orth. score perfect. No. 100 Molni.
Model M-35 1911 driver. e. II. Van-
dervoort. penalized 4 points for road
adjustment. No. 101 Molme model
M-35 1911 driver J. A. Wicke score
perfect. No. 103 Lexington model
"A" loadster driver J. C. More score
nerfect.
ANOTHER LORIMEH SCANDAL
(By Associated Press.)
Spring ield III. June 24. Dlsclos
ures of a Sensational character were
made Thursday before the Sangamon
county grand jury of the exlstance oil
a "school of Instruction" for wltness
es who have been summoned by Stat
n.
it
i
A
e s Attorney Burke. It Is alleged Wlt- rades were established by ordln
nesses were coached as to what totance for Springer and OrBnt aven
say before the g'and jury. So posl
me ir tuo ttiuuu.t; ut uutu a i .
thwart justice that indictments were
drawn last night against half a doz -
ll en persons covering tne orrenses oi ceur this morning me contracting
rl.rnov to commit a felony per-; parties being J. C. Wilkinson of Okla-
sljury and Interfering with the PUucjtoma ct ana u ttl.k S'miun
en persons covering the offenses of
j administration of justice.
CANDIDATES
ARE FILED IN
Ufi COUNTY
REPUBLICANS HUNGRY
FOR THE VERY BEST
JOBS
SANDLIN HAS FILED
FOR ELECTION
Many Republicans Express
Willingness to Serve
Their Country
Republican candidates for county
places were filed today and previous-
ly as follows:
Register of Deeds.
Wr. K. McKeon; Elmore McGinley.
C. It. Young and C II- AnderBon.
Sheriff.
W. H. Mitchell LOB Muxlow and
John Mahoney.
County Attorney.
John Adams ami James Hepburn.
County Judge.
T. H. Bo Ward Judges Strang and
Boles.
Clerk of Superior Court.
Walter Warren John J. (Barefoot)
Nelson.
Judge of Superior Sourt
s. s Lawrence and William ('hap-
pen. County Clerk.
Fred Morgan Fahrney Foltz Chas.
S. Olson and A. P. Port wood (nigger).
County Superintendent of Schools.
Arthur H. Swank and Neil Hiim-
i phrey.
District County Clerk.
Charles Grlswold.
County Surveyor.
IS. u T. Reaves.
County Treasurer.
It. I). Stewart Fred Rilierhusch and
C. B. James.
County Commissioners.
First district: O. P. Cooper Prank
Hewitt and K. J. Overholser; Third
district: C. L Hudspeth and William
Cunningham; Second district: S. J.
Farror.
Democratic filings were few the
papers of Joel M. Sandlin judge of
the superior court being filed. There
is also a list of Democratic candidates
for the various county offices to he
filed prior to closing time the candi
dates coming from various sections
f the county showing a concentrat-
d power of the state dominant party.
TRIBES WIPED BUT
(By Associated Press.)
Washington June 21- Hy Hie terms
f a bill passed by the senate the
last vestige of the tribal organization
of the Indiana of the Five Civilized
Tribes will cease in HH2. The bill
abolishes all offices at once except
the chief executive of each tribe and
they go out in 1912. As reported the
bill contained a provision relclving
the secretary of the interior from
Hie riuty of approving the deeds given
by heirs of deceased full-bloods but
It was stricken out on the objection
of Senator Curtis that It would open
the way for frauds.
MORE PAVING ORDERED
Protests Against West Logan
Avenue Withdrawn and
Work Will Proceed
Paving of West Logan is to be done
after ail according to action taken
by the city council last night. A pro-
test had been filed against paying
on the avenue from Ninth to Nine-
teenth and 214 property owners
signed. Withdrawals pulled the num-
ber down to lufi. City Attorney Orecn
reported that 188 plots remained out-
side the protest. Proceedings to pave
will be resumed.
Proirosed on grading of proposed
paving for Iogan avenue from Sev
enteenth street to Nineteenth were
filed. The protests are said to b
effective.
Plans were submitted by City En-
gineer Hocker for the sewer in block
oH. Division and Vine streets.
No objections appeared In the mat-
ter of paving Walnut street from
Springer to Oklahoma aiitl the par-
n wa8 ordered.
Levies we e mane
j for the cost of paving and the report
the appraisers was adopted
- i The cost of paving Kim street
- assesed.
- j Ues.
i
Marriage in County Court
j There was a marriage
In county
T. ;'
court this
j Shawnee.
V
i
m
lit
i
THE WEATHER
(By Asstd Prees)
New Orleans
La. Juno 24.
Tonight and Snt-
.nrday partly
.cloudy.
WILL STILL HECHE BENEFIT
i
" " "" i
Washington D. C June 24 The
benefits of the Morrill met by which
the Agricultural college at. Stillwater
has been reeeivlug in jibe neighbor-
hood of $25OW annual- will not. be
withdrawn from tho iistliutlon us
currently reported. Secretary Wilson
of the department of apiculture dis-
cussing the matter toddy stated that
there is absolutely no fliirerence be-
tween the A. A M. College and his
department and that. tit. money will
he forthcoming on July First as usual.
it was charged thai t school nad
been put on a political tyisls and that
had caused It to be Blacklisted bv
the department
MADE BIG
Special to Dally Lender.
Washington D. C Jjjne 24 Con-
gressman Morgan of Oklahoma to-
day expressed himself oil the capital
removal question. He
tid that the
state convention which
rie three days after the
ft In Cut li
ft Ion over-
looked a bet in not passl
resolution;:
denouncing e bill as
lotatlon of
the enabling act and the act ot the
governor In declaring Oklahoma city
the seat of government. Mr Morgan
was rather reluctant when asked for
a statement sine Oklahoma Ctty Is
In the second ;lstrlct but right and
a full regard for the law must be man-
ifest 1 care not who is the more for-
tunate." Morgan said he had receiv-
ed hundreds of letters from Republic-
ans protesting against the outrage
and that he could have "done some-
thing" if an official voce like the
state convention had spoken. "F.ven
the cabinet would then have busied
Itself" siild Mr- Morgan.
WATER RATES REVISED
Adoption of Meter System Will
Reduce Charge It is
Declared
Water rales for the coming year
were last night fixed in an ordinance
bv the city council. The rates hav
been revised and In some Instai s
lowered on account Of the meter sys
tem and it is believed waste of wa
ter on Inwns will be avoided.
For the first 1'XMI gallons each
month there will be a charge of 20
cents; for the next 30000 gallohs IB
Cents per . noli (OT the next 50001)
u&iioris 13 cents per l.OWl ur.Cl for
the next Hin.o.Mi gallons 12 cents; for
over 2imihi(i gallons a month there
is to be a charge of 10 cents a thous-
and. Water Commissioner Spencer re-
ported that of 24000.000 gallons
pumped in the last month 20OOV000
gallons were paid for. The city
agrees to furnish the public schools
and the county high school for 10
cents a thousand gallons and It has
several service) of Its own.
The rates above given are applica-
ble for residences In the winter anil
fall months. In June July August
and September there Is to be a charge
to households of 50 cents for ttie
first 1.000 gallons and 10 centH per
1000 gallons for over ll.boii galloim.
The average of services per month
Is $2.50. The water commissioner
said that by test It was shown that
a yard hone running for half an hour
used up 150 gallons.
The minimum for metered services
Is 50 cents a month. Collections will
be made ipmrterly.
10 SETTLE I
City Council May Do Away
With Separate Board for
Excelsior Library
Lacking In the settlement of the
I ::elslor library difficulty the city
I council last night entertained an or
- dinance providing for the consollda
- .tion of the library boards. City At
torney (keen found the speclsl
for the Kxcelslor library wltjout au
LrXZ
tne regular library hoard shall have
. . ' ' ..."
CONVENTION
MISTAKE SATS
SQUABBLE
jurisdiction over totn me Carnegie;;- " r: . ... .
nnd Kxeehdor libraries. It Is likely f""" "a d clt-. V r '.Vi. c
:: . !! ! - ZnT '
THE FIGHT
HAS JUST
STARTED
GUTHRIE WILL EXHAUST
LEGAL RESOURCES IN
CAPITAL LOCATION
MEANWHILE STATE OFFICES
WILL REMAIN HERE
Attorney General West Advises
Respect tor Injunction
Issued By Court
Further proceedings In court to
comhut the attempted steal of ttie
nplttil Of Oklahoma from Cuiltrle to
Oklahoma City will be taken by at-
torneys for Quthrle according to
statements made today by responsi
ble people. The decision of Judge
Campbell In Federal oOttlt yesterday
merely determined the suit oi w. n.
OoylS whom the OOttrl found not en
titled to sue. The court did not find
the enabling act valid ot votdi but
elearly indicated a beltel that it is
valid and should be binding. Another
suit will be tatted in a way to In-
sure a direct opinion from some fed-
eral judge on the enabling act wWcfi
was as a matter of fact fully argued
In the recent ineiinorahle hearing.
Business is going on at the state
treasurer's office as if the removal
of the capital had not been attempt
ed. Treasurer Menefee today notifi-
ed all the banks in reach thai he hi
resumed payments of warrants. Au-
ditor Trapp is not in the ity and his
deputy Carl It lee did wit luo any
original warrants this morning tti
did Issue some warrants stacked up
in the office during the ten du.i"
interruption. It Is expected thut tue
state auditor will at once commence
iHSUlmt warrants as usual. Hulldmg
warrants were taken today by the
stale treasurer.
With the exception or the govern-
or's office force the capital is fully
restored to (Juthrle. Charters and
commissions are being Issued from
the office f the 8ecretary o state.
Attorney Oenerel West is under-
stood in be in favor of the state of
fJotall doing business here die Is
quoted as saying:
"Judge Campbell's decision was in-
evitable. "The demurrer filed In the Logan
county district court to the temporary
Injunctions Is the first thing to be
disposed of. U It wins the capital
removal litigation is ended; If over-
ruled the case will be taken Immed-
iately to the state supreme court.
"In the meant line I am advising
all state offlcieis enjoined by the
nlale oOlirtl to respect the Injunction
furthermore to transact their busl-
nenu ut (Juthrle while lorblild'll by
the courts to do so at Oklahoma Ctty.
The dismissal of the Federal case
while a gnat victory does not re-
move In the slightest our duty to re-
spect our state courts."
C. (i. Ilori.or of counsel for C.uAhrle
says that a new suit designed to meet
the objections pointed out by Judge
Cawpoell will be filed. The flllthrle
BttOrSBJ uave preserved tho right
el appeal ami BUty "k" IJ 0M d1'
reetlv tn tbn Rustfatti Court of the
United States. Mr. Ilorno'r's vi''
that nothing has been settled and hat
litigation has barely commenced. W
references to the court to the valldin
of the enabling act In Its require-
ment that the capital shall remain
lu re until liUS are taken favorably
by the attorneys.
Campbell's Decision.
IN THE UNITED STATES CIRCUIT
COUR FOR THE WESTERN"
DISTRICT OF OKLAHOMA
W H. Coyle Plaintiff.
vs.
C. N. Haskell overnor of tho Stale of!
Oklahoma et al. Defendants.
In Equity.
No.
Campbell Judge: This matter Is
now heard primarily on complainant's
application for a temporary Injunction
for reasons alleged In his bill which
also prays that at the final bearing of
the action the defendants and each of
them be perpetually enjoined from re-
moving or attempting to remove the
seat of government or their several
offices or any of the public records
books files papers documents and
seals from the city of Outhrle until
after the year 1013.
The bill recites that the complain-
ant is a citizen an dresldent of the
city of Outhrle ogan County. Oklaho-
ma and has been such resident ofr the
period of twenty years last past; that
ui incuij. i
he Is a taxpayer and the holuer of both
real and personal property In said city.
- ;""V """ J ' ' ' . ai.a..ty 'i ! the capital
- : L . ' 57... .... . ".'"'..! vision that
thi. virions defendants as sovernor and
leoSeera of the State of Oklaho-
- ' gTrf
3d stte is'now and has been since
. th.. ui.filrn of the i.ttp Into the
line eOMUttf
I
homa that the various state of leers
shall keep their offices and public
records books papers and files at the
seat of government and shall there ner-
form such duties as may be designated
by the constitution or prescribed by
law: that by reason of the aforesaid
requirement the defendants and all
other persons and departments of the
state government have kept their of-
fices and transacted their official
duties at Outhrie continuously sine
the admission of the state until now.
it then recites the passage of the en-
abling act under which this became a
stale entitled "An Act to enable ll"
people of Oklahoma and of Indian Ter
rltory to frame a constitution ami stale
government and be admitted Into the
Fnlon on an equal fooling with the
original states." That by t!i. terms
of said act It was provided that:
"The capital of said state shall tern
porarily he at the city of QuthliS and
shall not be changed thei-fLom Brevl
otis to Anno Domini nineteen liundre.l
and thirteen but said capital shall
after said year be located by the elec
tors of said state at an election to be
provided for by the legislature: Pro-
vided however That the legislature of
said state except as Bhall he ncccssan
for the convenient transaction of the
public business of said state at said
Capital shall not appropriate any pub
He moneys of the stale for the erection
of buildings for capital purposes din-
ing such period."
ll then recites the following ordln
inoe of the constitutional convention
adopting the terms ami conditions of
the enabling net :
"He it ordained by the Constitutional
Convention for the proposed Slate of
Oklahoma that said constitutional con
rentlon do by this ordinance Irrovoe
able accept the terms and cotidlthvi"
of An Act of Congress of the United
States entitled 'An Act to enable the
people of Oklahoma and the Indian
Territory to form a constitution and
stale government and be admitted Into
the Union on an equal footing with the
original states: And to enable the pen.
pie of New Mexico and Arizona to form
a constitution and slate government
and be admitted Into the Union on an
equal footing with the original states.'
approved June the sixteenth. Anno
Domini Nineteen Hundred and Sly.''
It then recites the sending of the
constitution and the ordinances to the
Preside! of the united stales and the
admission of the state pursuant to tie
act of Congress. That relying BDOt)
Hi binding effect and good faith of
the provisions of the enabling net and
Of the resolutions accepting the terms
and conditions thereof anil especially
the clause of the enabling act tempor-
arily locating the capital at. Outfcrlt
Until IMS the complainant purchased
real estate and proceeded al ureal ex
pease to build a hotel for the accom-
modation among others of the various
persons who should from time to
time erne to the capital for any pur-
pose The bill then states that If prloi
to 1911 the capital is removed to some
other part of the state the expenses
Incident to such removal will lniMc
upon the people ol tho state a large
additional burden oi taxation ami
that ho being a large properly owner
would have to hear his proportion
thereof which would exceed the sum
of two thousand dollars.
The bill then proceeds:
"Your Orator i m l her states that II
tne cut of government of the ntate
of Oklahoma he removed from (iutb
lie to Oklahoma city at this time
that all of the ovlls Intended to he
avoided and obviated by the Enabl-
ing Act of said state herelnbefon
referred to would lie brought down
and visited upou tho people of snld
Stato Including your orater. Thin
confusion will result In the public ar
fairs of said Etato including among
other things uncertainty as to the
legality of official acta done by the
officers of said state away from the
I'ltv ot Outline That as a resident
and lax payer of -aid Slate your or
ator has a direct and personal Inter
est In the provisions oi said Enabling
Act and In their observance and that
your orator. If said Enabling Act o
not observed and the seat of govern
ment be removed from Cuthrlc to
Oklahoma City at this time will
thereby suffer a personal loss In ex
cess of Two Thousand Dollars ($2-
000.00) exclusive of Interest and costs
both on acouut of the depredation
In the value of his property located
In the City of Out brie occasioned by
sill'!'. '.'??' B' 01 account or
taxes which he will lie called upiil'. "
pay In connection with such removal
Your Orator further states that he
Is a citizen of the State of Oklahoma
and hound by the provisions of said
Enabling Act lsth legally and moral-
ly as B?a all tho other citizens of
said State and that your orator as
a citizen of said State Is entitled to
have said Enabling Act upheld and
respected In ac"ordance with Its let-
ter and spirit nnd Is entitled to resort
to the Courts Tor that purpose."
The bill then alleges that tho de-
fendants In violation of the terms of
the enabling act and the snld ordi-
nance and without authority of law
are threatening and are abuut to at-
tempt to remove the seat of govern
ment to the Irreparable Injury of the
complainant In the sum of twenty-five
thousand dollars and for which be
uas no adequate remedy at law.
Hy an amendment to tbu bill filed
by leave of court at the beginning of
this hearing. It Is further aliened that
the defendants claim the right to is
move the seat of government as
charged by virtue of the provisions of
a certain Initiative measure which
In several respects specifically men
tioned violates the terms of the en
... u-. i.
anting aci. aiuuuK u... u.r
Oslon for IBS temporary tix auon
in " " i"'
.vision tftat the legislature sum uoi
appropriate any moneys for the state
& Ifci ere tlon of buildings for eap-
Ital purposes until BT That these
provision or tne eu.iuuin; .-I'
.. 'nniriess and since their ac-
r 1 .tTnH. I v t liLce "h. coo
ZfUCb.?. bWbX
BRINGS IN
MURDER
SUSPECT
JAS. CHAPMAN BROUGHT
BACK TO STILLWATER
FROM CANADA
'jMtiiitf i " mrauumm
TWO DESPERATE ATTEMPTS
TO ESCAPE ENROUTE
Sheriff's Southward Journey
With Prisoner Replete
With Excitement
aalai-w.-if
Special to Dally Ieader.
Stillwater okln. Juno 24. Sheriff
r'ox has returned t.oai Kduiontou
Canada with James chapman negro
charged with complicity In the mur-
der of Clarence Mathews in this coun-
ty nearly two years ago. Tho sheriff s
southward journey with his prisoner
was replete with excitement the lat-
ter making two desperate efforts to
e.tcupo after reaching American soil.
About fifty miles south of tho Can-
tnltati bonier the sheriff secured his
prisoner to a car seat and took a nap
the conductor and brakeman agree-
ing to keep mi eye on tho eilgto. Iu
some way he managed to get loose
md when tho conductor discovered
Ii 1 in he was breaking through the
glass door of the veallbitlu and tn
spite oi tho efforts of the conductor
to hold htfn succeeded in leaping
from the train. Sheriff Kox besought
the conductor to slop tho train but
he would not do so and leaving the
train at the next station he drove
back to Ken mil re N. I). and with the
ilflststilllC- ol the citizens there scouf-
d the unitary recapturing Chapman
the next morning.
I'he next effort to get bis liberty
i M .. . . ...In l..r't
was inane just utier uuu uwu w.
Shannon la. and while It was goiuu-
ibout forty miles an Hour lie was
passing through the coach from the
toilet when he suddenly leaped neau
first through the glass window. A
broken leg many bruises a twisted
neel made It Impossible for him to
;ot awav and be whs picked up where
be bed fallen.
Hlierlff Kox stopped at Kansas City
where chapman was given medical
mention and though bo had to be
oro-iight from the denol here on a
stretcher he Is rapidly improving be-
ing a robust and hearty negro. He
ul'-es us the reason for his attempts
. ape hi m that hu would be
ynched if taken t Payne county.
Mrs. Mathews who has been mak-
ing a desprat fight against extra-
ction may be brougbl back as the
barges against the pair wee heard
the i ems m
Sheriff Kox was in Canada a littlf
molt) than three months having left
ncre April 11th with tho purpose of
tpprehendlng the fugitives. He had
Ively time wit! the Cnnadlsn authort-
'( nnd row rather Impatient at the
. i ut nd time involved In
.be conduct oi the bgal affairs of
the Canadian government but ne st u
oelleves he will finally succeed U
I. ringing the woman iu the case hack
o Oklahoma for trial.
'rig upon the people and the execut-
ive authorities of the state of Okl.i-
loma and It. Is contended that In I
.ntich as complainant wiH be injured
in his rpoi et ty right bv the removal
if the state capital he may in pro.
. . propert r fins enjoin
this remdvak llMtaM qoV.
The defendant. 2 V'?4'' "L
srnor appearlm .?." h
purposes of the motion onlyV !
to dismiss the bill because It Is a bum-
'tgalnst the stute. to whi h It has not
consented and is therefore violative
if the eleventh amendment to the
institution of the United States.
The flefsaifr'. Bill Cross. Sect.
Ctry of State appearing specially and
for the purpose only of objection o
the jurisdiction of she court over hlra
uiioti the ground that this is an ac-
tion against the state of Oklahoma
without its consent tries PIS piea iu
abatement alleging the enactment by
the iieople of the state of Oklahoma
of the Initiative measure hereinbefore
referred to. and asserting that the
location ot the capital of a state Is a
purely governmental matter and one
In which any or all of the persons in
said state nave any separate person-
al. pol!tic.U or property rights what-
At the hearing tne voi"ii""k
peared presenting his application for
a temporary injunction and the two
ii.f. n. bints above
natueu ainxjaicu
" . .. . .w. f h;r mo.
hrpecisny tor me pwi - -
tou allll uiea. reapecuv.. .
no rter purpose.
CourVg jurisdiction.
()) lu rw.or) the bearing comes ou
the tion and plea complain.
.Jf. ttgreeag tak. up he
I . 1 .1. ..i .. tlllLelel nWIUIUi "U
the Court conceiving mat the argu-
it. inoiliin and plea will
111 U 11 1. u('u -' " . -
(Ooatlnasd on rage t )
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Niblack, Leslie G. The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 35, No. 20, Ed. 1 Friday, June 24, 1910, newspaper, June 24, 1910; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc614287/m1/1/: accessed March 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.