The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 33, No. 9, Ed. 1 Friday, June 4, 1909 Page: 1 of 8
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Daily
THE
IT'S IN
THE LEADER
POPULAR
HOME PAPER
VOLUME XXXI1L
GUTHRIE OKLAHOMA FRIDAY EVENING
JUNE 4 1909.
HOME
NUMBER 9
.11 jf .xjw ll- J.ILlSj..o
i U tl J
1ST FACE
EH!E OF
HOMICIDE
POTT. COUNTY DEPUTY
SHERIFF SHOOTS
MOTHER-IN-LAW
DOMESTIC TROUBLES
CAUSE OF SHOOTING
Slayer Demanded Custody cf
Two Children Alter Separa-
tion From Wile
(Oklahoma press Service)
McLoud Okla. June 4 Shot and
wounded last night by her con-in-law
Davis a deputy- sheriff of Pottawat-
omie county Mrs. P. R. Tomai ageu
fifty-four died at 2 o'clock this morn-
ing at her home four miles cast of
here.
Davis h jailed at Chandler having
given himself over Immediately after
the shooting In the field of the Tomal
farm. Davis is thirty-five years of
age. He was recently deserted by his
wifeA daughter of the Tomais.
The preliminary trial lias not been
set. Thy inquest will be held this
afternoon.
Davis and his wife separated two
weeks ago at Meeker. She returned
to her parents and Davis came today
after their two children. When Davis
approached In the field Tomal evi-
denced an opposition to him and Da-
.ris who is a deputy sheriff sought
to arrest him. Tomal resisted and in
he melee tha followed Mrs. Tomal
was Bhot the ball entering her tem-
ple. Davis gave out a statement In which
he charged that Tomal knocked him
down "With a. hoe and at'empted to
kill him and he shot in self defense at
Tomai. The latter says that Davis
came to his house inebriated and af-
ter assaulting other- members of the
family went to the field and attempt-
ed to kill him; that as Davis drew his
gun Mrs. Toman ran between them
and that Davis saying "Dann you
1 11 kill you" fired his revolver.
This is the second time that Tomai
has been a target for a ball that took
the life cf another. Two years ago
a tenant fired at him as he and his
daughter and two hired men were
driving along the highway. The aim
was bad and one of the hired nin
was killed. The tenant was sentenc-
ed to twenty-five years in the peni-
tentiary. runn iflsra is busy
S'ale Factory Inspector O. 12. War-
fen reports having inspected 1000
manufacturing establishments 'work-
shops and bakeries in the state In
which 12500 people are di.-eetly em-
ployed. In 382 of the establishments
changes were reques ed to be iwde
by the factory Inspector. He reports
having examined recently twenty-two
new enterprises consisting of pack-
ing Ice light plant etc. which have
been es'ablishod during the past year.
VETERAN EDITOR DEAD
Lou Angeles Cal.. June 4 T. W.
Eckert fi9 years of age for many
years a prominent newspaper man oi
the middle west and well known in
politics in Kansas dropped dead at
his home here of hea.t disease. He
was for fifteen years connected lth
the Globe-Democrat of St. Louis an
for the last twen'.y years editor of
the Arkansas City (Kan.) Traveler.
He came to Los Angeles about three
years ago.
1
u
St
(By Associated Press)
Washington. June 4 The feeling
that a storm was brewing as the re
suit of remarks by certain Senators
ras to LaFolleUe's absence from the
chamber at th night season brought
out a full attendance today but the
onenine m-as pacific. LaFollette
merely commented In a friendly way
on llhe rewarks adding that Penrose
"would render a very Important serv
ice to the country If lie wouW ac
count for the war? ho upends his
itlme when absent from this body
rather (than atteTrpt'lng to account
for my time." Tlio Wisconsin man
then resumed hi a analysis of tlbe tar-
iff Ml!. '
Without opixwif ton the Sewate to-
day adapted l.aFoll"ttte' resolution
ilina; on .the Piesldent to send to
tho Senate' the correspondence be-
iSAeeu the State department and the
German g-o?rnment relating to the
German report on vases.
IE IS HUE
(Oklahoma Press Service.)
Enid Okla. June 4. P. A. Comp-
tou was arrested this morning on
complaint of M. T. Doyle charging
fraud In purchasing a meat -market.
Hoy to accuse Common wit)!)? L. W.
Baker of trading flvo Ms In Okla-
homa Crty 'for the market represent-
ing it hem to be free of debt. Doyle
found the lots mortgaged for $7O0 he
alleges.
STI01 UK CONVERSION
Bank Commissioner A. M. Young to
day Issued a certificate authorizing
the State Guaranty bank of Frederick
to commence business with a capital
stock of 135000.. The institution is a
reorganization and conversion of ttie
City National bank of that place
which had a capital stock of $25000.
This is the seventy-second National
bank to come in under the guaranty
law since the law became effective.
J. L. Lair is president of the insti-
tution; O. T. Hays vice president and
S. B. Patton cashier.
THREE CASES' 24 1ST
SHOCK KILLS NEGRESS.
(Oklahoma Press Service)
Enid Okki. June 4. Mrs. C.p
Ewing an aged negro somnambulist
died of shock when awakened from
sleep walking on th street early
(this morning. She had dreamed that
calamity had overtaken her son and
succumbed to the excitement.
A. & M. COLLEGE FACULTY
MEMBERS SELECTED
Seven members of the faculty Ol
the Agricultural and Mechanical col
lege at S illwater were elected and
two other nositiona filled at a. meet
ing of the state board of agriculture.
G. W. Holmes a graduate- of the
college who has been connected with
the eollece creamery (he past year
was liu.neu as state dairy inspector
with heaoauarters at Guthrie. Miss
Joy Bell Hancock one of this year's
graduates was recently eiecieri to rue
chair of domestic science in the Girls
Industrial school at Chlesasha.
Members of the faculty of the A.
St M college elected are: Assistant
electrical engineer O. P. Little of
Svracus5 N. Y.; assistant mechanic-
al engineer R. F. Richards a grad-
uate of Purdue; assis ant In chemis
try Charles Crawford one of the mem-
bers if this vear's graduating class;
assistant director of physical culture
and athletics. Ed. Galligor one of the
A. & M. college graduates who won
the Irish Individual record at the state
track meet this year; assistant in do
m-estlc science Miss Opa Canton a
1909 graduate; station cliemist pror.
N. C. Nider of Roland North Caro
nlinn: nrofessor of agriculture In
schools T. M. Jeffords oi Elgin. The
htter wa?. formerly institute director
for the state Iroard of agriculture and
Is an active Farmers' union man he
succeeds Prof. K. B. Ealcomb He Is
a Republican
(By Associated Tress)
Chicago 111. June 4 There was a
dramatic scene in police station to
day when Anna Kolb was taken to
the cell occupied by Dr. Haldine
Clemlnson. accused of the murder of
his wife. Yesterday Miss Kolb ad
mitu.fi he ha.it been a patient under
Cicmrnson at. a Chicago hospital and
he hadi paid considerable attention
to her. Upon being taken to the phy
lelsiiVa cell todtiv Miss Kolb scream
ed hysterically She and Clemiusou
conversed for ten minutes with a de-
testive nearby. The police refuse to
nm if tmiilic what the two talked
about but it was learned that the
lalk terminated with a second scries
ot screams by Miss Kolb and she was
lead aw a;-'.
Later It became known that the
doctor's words to his visitor were:
"The closer ou keep your mouth
shut yormg womran. Hire better it
tv ill be for both of us."
SUPERIOR COURT PETIT IT
Sheriff Mahoney this afternoon
drew the first. it tit venire for the
Logan OounJy Suirerior court -which
convenes Monday for Its first regular
term. Twenty jurymen are ordered
to report Monday and sixteen a week
from Monday. FHghteen criminal
cases Ihnve been docketed in the Super-tor
court and about thirty civil
cases have been transferred or filed
with the court for hearing.
STRIKE IT SETTLED
Philadelphia Jun 4 Up to o'clock
today there was no announcement of
a settlement of the street car strike
but predictions are mide thru a roni--iet
i setl-emeiH wUi L eUeetfd be-f'.-H"?
tomorroir.
FB
Ill
GOES HID
HYSTERICS
MURDER
li FIRST
DECREE
ADAJURY RETURNS VER-
DICT AGAINST DAN
SCRIBNER
DRAMATIC SCENES MARK
CLOSING HOURS OF TRIAL
Testimony Evolved Series ot
Crimes Cold-Blooded and
Red-Handed
(Oklahoma Press Service)
.Ada Okla. June 4. Dan Scribner
was convicted of murder in the first
degree on the charge of killing Zoke
Putnam marWluil or Allen the jury
reporting at St o'clock ithia morning.
The jury deliberated about thirt)
minutes1 luwt night was excused and
reported this Morning at the open-
ing of court.
This is tiihe first of five sensation-'
al trials in connection with Putnam's
death and the alleged murder of
Mrs. Frank Scribner more recently.
Dramaitic scenes marked the clos-
ing hours of t'he trial.
The day was fraught with the evo-
lntion of a series of crimes cold
blooded and red handed if the testi-
mony be true til.iat have 'taken the
lives of nine persons four of " Horn
wiere the victims of a mob. uery
link in a chain of convincing testi-
mony Tvaa clamped by corroboration
untM ait 'tthe cloe of the trial the
nerves of the court the jury the
lawyers and the defendant wore tense
and the auditors that packed the
court roomi were initense in tihelr
Interest. 1
Edward' Johnson confessed ac-
complice of the defendant chosen
by arweanance and demeanor ns an
unsophls'ttcpited country youth liable
to sten Into the artful itrans of the
shrewd counsellor sat throughout
ordeal of cnoss-exRminaition so
firm In 'his convictions trM no s'traif-
'V cDttM flitike him. Again he told
is (inrv of conspiracy tra.clns' with
tH!-'itv "tire opproHons of te alleeed
cofnsifirat'ors d urine (Tie 'fw dys
nreous ito the killing. Those onor-
wtlons between January 12 and Jan-
uary 16 (he date of the murder con-
sisted of repe-ated visits of the con-
spirators 'to the home of the cattle-
men to fl'.;e homes of Frank -ami
John Scribnor and to Allen the ihome
of Zeka Putnam.
"It was on Saturday" al the wit-
ness "(that we locifi'ted Putnam In the
rear of a pool ball at Alfen .Daniel
Scrlb.ter killed Putnam with a shot-
gon in the pool hall and then we
mounted' our horses ttVi&t wre bitch-
od nearby and rode away to the
lionio of Frank Scribner. We were
an-osted at 3 o'clock it hat afternoon."
Mack Lee a entitle man and broth-
er of Claronce Lee whom Putnam
killed wilio Is charge-d with complic-
ity in the murder of Putnam iwas
the principal witness for the defense.
He- denlthl a conspiracy with Scrib-
ner and: Jctason and denk-d -that they
niado tlio several trips in the- east-
ern jkuI of the county that. Johnson
tiatt itoUL about. He deniwl Hunt he
owned 120 acres of land near Purcell
which Jxshnrton said was offered to
him as a reward for killing Puunain.
Daniel Soribner was aiot 'placed on
the wKm.'si stand ami Him defense
close! K am wry abruptly aiul un-
oxpectedly. ;
Elfl CERTIFICATES US
REGISTERED PHARMACISTS
At an adjourned meeting of tl"
state boaid of pharmacy held In Mus-
kogee thp following named persons
made tho required grade and were
granted certificates as regis ere l
pharmacists:
George M. Adams Tishomingo; J.
M. Bartiey Pryor Cre-k; I. K. Gar-
ret' pauls Valley; J. C. Haffner Fred-
erick; (' A. Johnston Byron; John J.
Muhiheer Orlando; John G. Miller
Cushlug.
The following named persons met
the requirements of the board and
were grunted registra lor. oir diplo-
mas: '
E. L. Aaron Alexandria La.; C. V.
Aderhold Ijouglasville Gj.; K H
ITrown Ada Ohio; R O. Blllman TuJ-
sa Okla.; M. V. Decker Kipton Ohio;
H. G. Fa'ris Mollne Kans.; A B Mos
ey Leatville Colo.; A. J. Loughman
nlrtn . T M Pot loreon
J'hiladelpitia.
The next meeting of the board will
be held in Enid on July 13th and 14th
Applications for registration should ba
filed wl'b Secretary Burton Stroud
Okla. ' av least sen days before the
data of th:; BifMiflg.
F!
A rRiafieation mE-H-'ling will be held
at the city ball when the bonus for
Hie Mountain Valley and Plains mil-
road Is completed and subscribers
only are Invited to attend and those
prominent cWizen of tiuthrie wtho
sliouhl have contributed to this great
enterprise giving an outlot to our
ciry to the entire western part of
the Bitate and did not will feel lone-
some at. least for one evening and
rumor says somo will be lonesome
for a long time to come.
Th officiate iromoiltng j;ho road
will bo at this ratification meeting
and participate in celebrating the
occasion.
T'he chainlx'r of commerce has
now raised $(!8.400 and five active
committees comiwtsied of somo of
GitHl.irle's best business men. are can-
vassing (the cWy ithis tifternoon and
exK'tit to raise flit least the most of
the. lalance lv night. The new
subscrlbei'9 follow:
Pabst Hrewing Co. $ ri0
Charles W'mt 200
J. E. Oliver 2(ltl
Ai'thnr Stilea R0
Johu Twamley 50
Dis. Ratledge and WW More. . . f.0
Pen W. Dugg'inu 30
Milo (iOggin 2")
Thos. Mclaughlin . . 25
Wni. Snyder 25
Sylvester Warner 20
Gt-orge Tipton 20
A. A. Harvev j 20
0. . Harbin 20
Lloyd Overlees (IncrcaKe) ....
L. B. Patterson 20
II. R. Riley 20
H. S'lwdbv 20
A. H. Sihoals 20
Mrs. M. A. Tavlor 10
A. E. Tti'ivtor 10
J. L. Topping 10
P. D. Jacksrai. 10
V II. Warner 10
J. O. Whi'tefielxl 10
J C. Smart 10
S. P. Phoenix . . . 5
Henry Glass 5
ILL MAKE EFFORT 10
SI
Washington June 4 A vigorous at-
tempt to quash the indictments
against. Governor Haskell iand five
Muskogee citizens will be made by
Judge J It Thomas of Vlnit.a asso-
ciate counsel for Hjskell in the town
lot Investigation. Judge Tnomas arriv-
ed In Washington this afternoon ana
tomorrow 'will present to Attorney
General Wckershaw charges of im-
proper conduct before the grand jury
against Prilled States District Attor-
ney Gregg. The department of jus-
tice wiy be pressed for an exonera-
tion. THREE CASES REVERSED
HI COURT OF APPEALS
The criminal court of appeals late
Thursday afternoon In special session
handed down tlm? reversal decisions
one by Presiding Judge Henry M. Fur-
man and two by Judge Baker.
The seven year sentence imposed by
the Uniled States court for the South-
ern district of Indian Territory against
Dan Price for the killing of Nathan
IHIHngliHin on October : 1000 was re-
versed and remanded to the district
court of Carter county for a new trial
by Judgo Furman who assigns the
testimony given by a physician at
th(. trial as not permissiiblo and 'he
instructions of the court both as re-
veisable error.
The case of J. (1. Mitchell vs. State
an appeal from Muskogee county is
reverse; and remanded by Judge Ba-
ker who follows the former ruling of
the court holding that in 1be prosecu-
tion of liquor cases charging a single
offense die information must allege
the name of the person to whom sold.
The cas of M. C. Kii.mions vs. State
also an apjeal from th county court
of Muskogee county was reversed on
he same grounds the Infotm-itlon al-
leging that the defendant sold liquoi
to "divers persons" which the cimri
holds as insufficient information for
a prosecution.
(Oklahoma Press Serv.ce)
Muskogee Okla. June 4. Mrs. B.
A. Perkins of St. Iwia saved her-
self from a probable assaultt nMeinpt-
ed by Ernest Young a negp.) porter
tct the Tinner hotel this morning by
locking her lc.wm dxr agal-iwit the
negrr. Mrs. Pen-kins come here from
Waco Texas to -ffert ia reoni na-
tion W'1il' her busbarul a prominent
St. Loo'3 ftitornet'. The negro who
in under arrest is being defended Dy
the hotel nwiiigemen.
Henry Jolinnon was found guilty
cf manslanghter by a jury this 'after-
noon for killing David Hartnesa. He
was screwed to four ywirs in the
nfniint.iarv Johnson while
hr-e weeks ago killed (Ms friend.
Hajrtness.
WEATHER FORECAST.
Jiw Orlcsns
rif A T :).-vi-t
QUASH INDICTMENTS
E-COURSE
PAVEMENT
DRTHLESS
PROPERTY-OWNERS ON
STREETS SO PAVED
WANT CHANGE
HASTEN TO PETITION
FOR CHANGE TO ASPHALT
City Chemist Appointed Who
Superintend Asphalt
Paving
.Realizing that paving of streets in
Guthrie 'with single course brick Is Im
practicable as demonstrated by the
condition of the two blocks recently
laid on East Springer avenue bo
tween Division and Broad streets a
large delegation of property owners
on East Warner avenue appeared be
fore the city council last night ami
asked If it be not too late that we
city pave East Warner uvenuo from
Broad street to the entrance of High
land park with asphalt. Instead of sin
gle course brick for which they had
orlglnaby Indicated a preference. A
petition was presented signed by 11 1
of the 197 property owners asking for
the change and N. M. Carter and oth
ers who had before advocated the pav
ing with single course brick are now
heartily in favor of the change to as
phalt stating that tho single course
brick paving on East Springer
avenue is practically -worth lesi and
that they were more than pleased
with t he asphalt laid on Noble avenue.
Several property owners on East VI
las and Springer avenues also ad.
dressed the council and asked for the
privilege of circulating a petition foi
the purpose of changing from sing!)
course brick to -asphalt. The cotincl
granted the request of the propert)
owners and those who want asphal.
on the streets named should got btiB
at once. After considerable discus
sion by members of tho council as U
the demerits of single course paving
as shown by tho two blocks paved or.
Springer avenue the matter of cluing
hig'tho material on the three sti'eeU
above named was referred to the pub
lie improvement comminteo and the
city attorney to see what could b(
lono in the nutter.
Mayor F'lvora Change
Mayor Farquhirson thought n
would be advisable to change the ma
terlal to asphalt or double course
brick staling that single conrso brick
would be impracticable on Sprlngei
and Warner avenues. He said tlu
I avlng company was willing to cliting
:he material to asphalt !;i comply wlti
the wishes of the property owner
and that the brick already placed oi
Fprlnger avenue could be taken u
and used on other streets.
Engineer Dean of the paving com
party who was present declared thai
the single course brick paving or
Springer avenue was in bad condi
lion arid suggested that similar pv
Ing would not prove satisfactory on
sloping streets like Hprlngcr and War
ner avenues especially whore there U
much traffic. He said the paving
company was ready to meet a commit
tee from the cl-y council anil propert)
owners and arrange for changing tht
material to usphalt on theso streets
Several petitions from property
owners on ICast Washington avenu'
were received by tho council with
irawlng former pro t cuts against pav
Ing and requesting tho city council
tu tiike Immediate action to pave that
horoughfare with asphalt from Brood
to Kim street. The petitions were
tiy A. It. Eastman W. H. Coyk Galeu
Crow and others
Held Busy Session.
The city council held a busy ses
slon last night lasting until mid-
night. Much routine business wa
transacted aside from (lisctisoing
streot paving.
Another office was created that ol
city chornls' with a salary of $150 a
month. The chemist la to be appoint
9d by the mayor and Is to hold office
two years. He is to superintend the
asphalt paving now under progress In
the city j to be on expert on asphalt
m addition he is given the authority
of a fiolicernan in mas Ing Inspection
of m I lit meats and other food sup
plies. Charles Allman of Kansas
City hai already been selected by tne
mayor for tho position anil has been
Huperln'endlng the Noble eivenuo pav
Ing for the city.
Will Hear ProtBsto
The report of the board of appralu
crs for paving district No. 1 South
Broad treet from Harrison to Spring
er was received and June 17th set "
dav of hearing protests. Monthly
bills for month of May were allowed
In the sum of J5C8i) and an ordin
flnr was nasnd nrovldintr for oav
merit of claims to thu amount of $2-
C80.C1. An ordinance was read for the first
time railing the sa'-.- !. city wi-
gfnfr from $100 to 1 25 per month.
An ordinance. pi-cKt-ii'ed by the
OuOirit; Uakers salon wtuirhijf sit
1
J 1
bakeries and butcher shoos to close
at 9 A. M. Sundays was read
for the first time and went over un-
der the rules. Several of the coun-
cilmen spolte strongly against the or-
dinance. Discussion Over Sidewalk
A lively discussion was Indulged In
ovtr an ordinance fa'.hered by Coun-
cilman IPggins which requires ail
sidewalks laid In the city in the Tu-
ture to be of Portland cement find
comply with the specifications of the
city engineer. Councilnien Kennedy
Hopkins and Holler opposed the pas-
sage of the ordinance declaring that
the property owner should be allowed
to choose brick or cement. Council-
men Higglns and IXruglas nude a
strong plea In behalf oi the ordinance
staling that they wanted to make the
capital city "a city beautiful" and
that nothing would help the appear-
ance mor. than uniform sidewalks. On
final toll call the vote stood five for
passage of the ordinance and three
pgninst two members bolus absent.
Failing to receive a majority of the
council the ordinance was declared
lost by the mayor but before adjourn
merit Councilman Kennedy stated 4hat
lie would vole in favor of the passage
of the ordinance: Further action how
ever was deferred until tho nest
meeting.
KftNSAS NEEDS HARYEST HANQS
Topeka Kas. June 4 The farm-
ers of Kansas are crying for 170(10
hands to help them harvest their
wheat crop this year. Charles Harris
"ree employment bureau has received
"cports from all his local agents In
he stal'. and they show that the
above number of men are needed.
"It wouldn't surprise nie if this
'lumber is increased a couple ol
thousand." said Harris. "The recent
rains contributed to bring (ho when1
eiop out of the kinks."
The employment bureau Is already
endlng men to tho wheat fields lr
Southern Kansas. The farmers there
lay the crop will not be ready to har
vest for a couple or threo weeks hir
hey will give the men employment In
Hher Hues first.
WEB SUNDAY AND
E
M
IV!
Carml 111. June 4 From the drean-
if a successful stage career to ch
iwakenlng to the ia ti she is wlf.
S'o. 2 of Charles Carr is the raplc
md disappointing transition that bar
lawne.l on Miss Vern Wood of tub
:lty. Sunday Miss Wood nurrlet
"Carles Carr of Philadelphia. Tin
lext day a message was received fron
Cvansvlile 1ml.. conveying the f.ic'
hat the man was playing a doubb
ole bur. not unitl today was proo:
rdduced that caused a basty separa
'Ion.
Carr when confronted with tht
rutb admitted be had been married
rut claimed he believed a divorce hae
reen granted. He has left the city
Wis Carr No. 1 according to tho al
'('gallon of rehtives of the 1
ddes in Kansas City Mo.
re
lloaiulful and Impressive wore tlx
Confederate day services beitl In th
capital city Thursday sit th M. K
church South corner at Hroad street
and Vila uveiMi. which; was beaut!
fully decorated wUii m abundance ot
flJAXTs and foliage beginning at 2:30
o'clock.
A squad of eight n-n Innn Corn
(Winy I) Ok. N. f thl city unt
tlr command of Lietiteriun.t tMrlon
called at (he tat hout;o and escort-
ed Governor llajikcit and Secretary
Cross the tower bilng ootmniaiKler In
chief ot tllio Oklahoma division ol
the Confederate Veterans to the
olnirch iU at tend 'the exerdweB.
The it!rvic! were opend with the
large audience flinging "Ain:rica"
foi towing whiclii ithw ljowery qtiar-
tctte favored with stdections.
Tho rwi't atio n by M'is J mala Kol-
log on "Tho Taitterwl Suits of Gray"
was an affecting rendition.
Th? crosses of honor wTt con-
fpnl by tho Hill Crs Chapter
Dauphtoi-B of ConftMleracy asslstotl by
Wichita vt'terans.
Hon. K. J. C hidings of Oklahoma
City Ihtetorlan for t.lw Oklahoma Con-
federate veterans delivered the
(rinei?al memorial address which
wan an eloquent tribute to the de-
parted comradf-s and to the womi
of t'ho Confisleracy who went through
the deadly wrlfo.
Fcllawing th service's at the
churto hwwU.: by Oompan-y P and
Commander in Chief Gross the s-
eomblage procee.led In carriages to
Summit View cemetery bearing a
wealth of beautiful (floral offerings
given (o Secretary Cross by citizens
of Oithrlo to be trewn upon the
grave ft the fwir departed Confeder
ate comrade. At ihn cemetery the
an following which the Lowery
ittartfMte r'uitf very wetlv "Tenting
olt tl' Old Camo Cronnd"
J. R. AbriR'ff.y. i(or of ithe M.
E. ehurdi. S'mih. -n'.l Col. A P. Wat-
mrm wl.noteS th Brvle at the
eSBKrlI'V.
113 FOR
DEPARTED
COMRADES
CDTTERAL
OVERRULES
STATE LOSES FIRST
R U U N D IN CASK
AGAINST FRISCO
TRANSFERS TO 0. S. COUHTS
IS QUESTION ISVOLVEO
Intimates Law to Prevent Re-
moval o! Cases From State
Courts is UocoDStituHcnar
Tho derraiiTer of ihxn otate in the
Injunction suit of the Frisco railroad
vs. Secretary of Suvte Bill Cross ws
overruled m a dwlslou rendtTed this
morning by Federal Judgo J. II. Coi-
t'otral who holds void tho order snada
by Secretary Cros forfeiting - th?
charter of the Frisco Railroad com
(any in Oklahoma under Ito provl-
slons of the MeOatla act peu by
tho First legislature and known as
tho "doniiiclie law" which seeks to
prevent foreign corporattona from
transferring o;ui3 from slate 'to
Federal courts by pleading doniicite
in other states by giving the secre-
tary of state authority to oancel or
revoke qhelr charter upon h filing
of a certificate from tho clerk of tin
court where the motion remotlag
th0 cause is filed.
Intimates Law la Unconstitutional.
The court in 'ta decision does not
lass upon the merit's of the oae but
ItitlniwW'B very strongly that the law
Is uncontitiitlon.S. ..... Jutlge Cottwal
lioldw thlat tho etata exceeded -its
vnhorlly In tthe enactment of ouoli
i: law .ittUnxftitlng (hat the imdmtmt
'f sirt ! law erit m-b ttio donstfn of
Fedtral legislation He ItoidD that ;
tho act is unjust for th reaon that
't 1 in conflict with the rights giv-
en 'dim railroad cotnpaiiy under the
rousilltutkm of the Unitod States.
The court recite In the opinion that
tho law dw not g1vo any attention
to the. rights of th comjtany under
Itn chanter and that tho revocation
't Its clmrtor by the wcretary of
state was pcjual to confis'Uii of...
nroporty wlttliotut d-uo trMxiPss of Jaw.
Passes Only Upon Demurrer.
Judge Cotil-enaJ doet not (Kte ujRui
the qii-jtlon ralseNl In the cue by
ho attjoniey general as to whethes
the company tea ever be en 'legally
autlKMlzed mdr tlw laws of trrtfc
Ui(o or by i.hft tacts of Congress to
operate within the statu 1naniui
the court did not undertake to thww
tilwrn tlwj full nwrlls of the cause brii
only uiKin the demurrer at thiii tin:.
AM-cney Oneral Wewf.'s main point
it defetM-e of the McCalla Oct.. was
'hat. tho Frisco railroad whlc'h ia. a
M'ssourl corpora.! ion lva never ba
rtv-n ftin'i':ority to transaot bnwiness
!ii this ftato. nor any of the lines It
has 8C(trtred by jMirchiwto or grant
save the Arkansas Valley and West-
ern railroad which operates from
TulHa to Jinld. :
Charter It a Contract.
Judgo CoMeraJ- holds tlLt a frari-
ciilso or charter Is a contract and!
that tti stale of Oklahoma should!
carry orrf. tho itenns of a contract
granted In tht two terrltorle to the
Frisco ruilrooxl whllo under the Fed-
eral governnioni the Bam as though.
Oklahoma had bwn a stato at the
time. He does not iws upon tbs
ipntion raistNl in i case by At-
tornfy Gonra Wft to mhetlwr
wniMM-oUn Hiien in th ta4e w-hlch
now wniK)io tlie lYlsr sy ota er
not secured by the vr. ' viote
tlon of tlie Shonnan v t
Judge Ootterol mbc l8w t fin orde?
oonUiiuiiig In effwt tho temporary
injunction pending the final determi-
na.t'km of the cause. TKm attorney
tfeneral slgrilfled that he m'ouhj not
tak an appeal for tho stat from
action of tho court 1u overruling tb
denmrror and askM twenty days to
file an aim-nded answer to the iti-
t1n asking for a decision upon the
meriia of the case fta well as upon
the constittHlonallty of tho law
which motion was grantetl by tib-a
court.
OHttlfHHT Of OKLAHOMA
Muskogee $12.0t0 oil company
Sweetwater Oil gas and fuel com-
pany. El Reno-$".i)0.000 packing eofh-
pany; J25Oftt) construction corapauy.
Guthrie Lumber and cement com-
pany. Shawnee $10000 construction esm-
pany; $100000 railway company.
Ada-$i000 railway company.- .
Oklahoma City Packing plant;
f4Mi.naf improvement company; tsnts
company.
Ardmore Cement plant.
Partlesville $100000 inve-istmeiit
company.
Ttihtefiuah - 523ono . oil rota pan?
arvlii--$lt)0.e0 r;.!i;oad coaGia.:y.
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Niblack, Leslie G. The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 33, No. 9, Ed. 1 Friday, June 4, 1909, newspaper, June 4, 1909; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc617394/m1/1/: accessed April 17, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.