The Indian Chieftain. (Vinita, Indian Terr.), Vol. 14, No. 9, Ed. 1, Thursday, October 31, 1895 Page: 2 of 4
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Buy no Stove of any description until "you" see W. W. Miller's Supply. Full line of Hardware always in Stock.
Indian Chieftain.
3L5Q ?er 7eax Zn A.d'c-aja.OQ
PnblUbed Thursdays bj
Tni CHit-iTAix Pdklkhixo Comfant.
D. X. MARKS Editor.
X. E. XILFOKD Manager.
Vinita Ind. Tek. Oct. 31 1895.
Cherokee council convenes next
Monday.
On tha first page of this issue
is printed the report of W. It.
King Synodical missionary for
this territory and Oklahoma. It
is a very able document and worthy
of perusal for the statistical and
other matter relative to the condi-
tion of affairs in this country.
Judge Kilgore is having a bout
with some unruly and obstreper-
ous members of his bar down in
the southern district. "Buck"
Bhould bring his feet into requisi-
tion and again win fame as he did
in the house of representatives
when Czar Reed undertook to
count a quorum.
Muskogee and Tulsa are prepar-
ing the way for incorporating them-
selves under the Arkansas statute.
The Muskogee petition is to be
presented to Judge Springer the
present week and the Tulsa peti-
tion is being prepared. Wagoner
also is contemplating similar ac-
tion at an early day.
There is a discussion going on
in one of the Tahlequah papers
between a Methodist divine and an
infidel. Thus far the only thing re-
markable about the whole thing is
that all the church walls about Tah-
lequah have not tumbled down be-
fore the onslaughts oPCornsilk "as
the infidel signs himself. It should
be remembered that the prophet
Baal rode just such an animal as
"Cornsilk" and that the angel
met him on the way and kept him
out of trouble. History is about
to repeat itself.
In the Washington dispatches
President Cleveland is reported as
saying that he did not think the
Dawes commission would be able
to do what it had been hoped that
it would accomplish in the break-
ing up of tribal relations among
the Indians in this territory. It is
said the president has at last
reached the conclusion that legis-
lation is the only remedy that can
be applied and that the Dawes
commission ought to be able to
make some valuable recommenda-
tions by this time covering the
whole situation so that congress
may act promptly in adopting the
needadlgisl3Lion to bring about
allotment and statehood.
The National Christian Citi-
zenship league headquarters at
Chicago is an organization calcu-
lated to do much to raise the stand-
ard of morals of political parties
and to redeem the cities and towns
too from the pit into which many
of them have descended. The so
ciety has framed the following
"Christian Voter's Vow:"
"Believing that my ballot is my
testimony and that as a Christain
citizen I should make it witness
for political righteousness I re-
cord my vow: That I will when-
ever possible attend the caucus
and primary and demand the
nomination of honest and capable
men. That I will seek the di-
vorcement of national issues from
municipal and slate elections.
That I will work for the exterm-
ination of the saloon and will sup-
port for office such men only as
are in favor of righteous legisla-
tion and the impartial enforcement
of law."
The opinion of Judge Springer
in the Hayes case printed in this
issue of The Chieftain is without
doubt the most important as well
as the ablest opinion of any court
touching upon a similar subject
yet given out. A more elaborate
and exhaustive analysis of the law
both Cherokee and United Statep
bearing upon the subject of title to
realty and personal property in
the Indian country would be diffi-
cult to find Judge Springer
quoting from the Cherokee consti-
tution ''The lands of the Chero-
kee nation shall remain common
property" takes the position and
it is certainly tenable that there
is no individual ownership of land
in this country as the title is
vested in the tribe as common
property but that the improve-
ments are personal properly in the
fullest acceptation of the term. In
this the court is of the opinion that
' the personal property of a Cher-
okee citizen may be seized and sold
to Batisfy a judgment for debt due
a United States citizen the only
qualification being that the sale of
such personal property would
necessarily have to be sold to a
Cherokee citizen. The opinion
states that the right of congress to
subject improvement on lands in
the Cherokee nation or on lands
in any Indian nation to sale for
the payment of debts is clearly
stated and recognized and should
there be any conflict between the
laws of the United States and those
of the Cherokee nation the laws
of the United States must prevail
thus maintaining the supremacy
of the United States laws over any
and all tribal laws that may conflict.
AFAR REACHING OPINION
JUDGE SPRINGER UEYIE1YS THE
HATES ADMINISTRATION CASE.
An Important Opinion Which Touches
the Title to Improvements in the
Chcrokeo Nation and Incidentally
Clearly Defines the Status or the
Adopted Citizens.
In the matter of the administration of the
estate of J. W. Hayo deceased:
Hutchlnjrs i. Walrond attorneys for the
petitioner.
T. 1. Windiest cr. attorney for the admin-
istratrix. The facts in this case are briefly
as follows: J. W. Hayes was form-
erly a citizen of the United States
and while being such a citizen of
the United States he married in
the state of Georgia and there were
three children born to him of such
marriage; one of whom is the pe-
titioner in this case. His wife a
citizen of the United States having
died he removed to the Cherokee
nation and was soon afterward
married to a Cherokee woman
woman by blood. Three child-
ren were born to him during
this marriage. After acquiring
considerable property in the Cher-
okee nation estimated at about
eighty thousand dollars in value
if we include the value of all im-
provements on real estate and
having carried on a large business
as farmer and merchant for sever-
al years he died leaving his Cher-
okee wife as his widow and three
children by her and bis three chil-
dren by his first wife who was a
citizen of the United States. His
wife was appointed administra-
trix by this court. In her sched-
ule of property she did not return
the value of any buildings used by
him in his business as a merchant
such as gin houses nor did she re-
turn any agricultural improve-
ments which were upon the lands
her husband held during his life-
time she having been advised b-
her counsel that all improvements
upon real estate passed to the heirs
and not to the administratrix. The
petitioner in this case one of the
children of bis first marriage has
filed her petition asking for a fur-
ther accounting by the administra-
trix as to the improvements upon
the lands which he occupied at the
time of bis death. Mr. N. B. Max-
ey was heretofore appointed a
special master and commissioner
for the purpose of ascertaining
what property if any which was
owned by J. W. Hayes in his life-
time had been scheduled and what
had not been and to report both
his finding of fact and conclusions
of law to the court. Such report
has been made and counsel for
both the administratrix and the
petitioner take certain exceptions
thereto all of which have been
duty considered.
It appears that the deceased J.
W. Hayes was at the time of his
death an adopted citizen of the
Cherokee nation that he was
adopted by his intermarriage with
his last wife who was Cherokee by
blood. Section five of the amend
ments to the constitution of the
Cherokee nation adopted in 1S6G is
in part as follows:
Sections: All native born Cher
okees. all Indians and whites legally mem-
bers of the nation by adoption and all freed-
men. etc shall bo taken and
deemed to becitizensof theChcrokecnution.
By virtue of this constitutional
provision the status of the deceas-
ed was fixed by the constitution of
the Cherokee nation as that of a
citizen thereof and as such he was
to be equal with other Cherokees
under the constitutionjgovernedby
the same laws; enjoying the same
rights; possessed of the same im-
munities and entitled to the same
protection. Opinion of United
States court of claims March 4
1S95 in the case of Moses Whit-
mire trustee for the freedmen of
the Cherokee nation vs. the Cher-
okee nation and the United States
Mss. p. 0.3
The deceased therefore having
been a citizen by adoption of the
Cherokee nation was in all res-
pects so far as his estate was con-
cerned in the same condition as
ether citizens of the Cherokee na-
tion and entitled to the same rights
of holding property as other citi-
zens in the Cherokee nation.
The learned counsel for the ad-
ministratrix has submitted numer-
ous authorities in support of the
position which ho takes in this
case and alio a brief in manuscript
of his argument He calls atten-
tion of the court to some legal fea-
tures ot the case which he states in
his brief as fqllows:
Flrstr-The lands in t he Cherokee nat Ion 1ms-
lon to the Cherokee nation in fee. The
language of the patent is "to hare and to
hold the same together with all the rights-
privileges and appurtenances thereto Ins-
longing to the said Cherokee nation forever;
subject to lie divested or rather to revert to
the Vnlted States upon the extinction of the
nation or the abandonment of the land.
?ee patent laws of Cherokee nation 423. et
sec.
Second The land Is held in common: that
is. eacli citizen is a tenant in common with
every other citizen but the title is a fie
simple title. Const. Art. 1. Sec 2 page 11
lb. Amendment to Art. 1 Sec 2. p. 31. III.
Third The Improvements made on said
land and In possession of the citizens of the
nation are the exclusive and infensible prop-
erty of the citizens reiectlvcly who made
them or may rightfully lie in iosscssioii of
them; provided that the citizens of the na-
tion ixissessing e.xoluslve and Indefeasible
right to their Improvements as expressed In
this article shall Kssess no right or power
to dispose of their improvements in any
manner whatever to the United States indi-
vidual states or to individual citizens there-
of. Const. ArUl Sec. 2.
To the same effect only more
pointed is Se. 700 p. 351 pro-
hibiting the bale of farms or other
improvements to any person ex-
cept a bona fide citizen of the Cher-
okee nation.
Fourth-TIie housc.farm and other improve-
ments are exempt from sale under execu-
tion. Sec 231. (p. 131). and All Improvements
shall In-exempt from the payment of the
debts against any estate and in the admin-
istration of estates where there is a surviv-
ing wife or husband or minor child or child-
ren all the property exempted by law from
execution shall likewise be exempted from
the payment of debts against an estate
and shall lie at oncetarnrtlmertn the sur-
viving parent or guardian for useof the fam-
ily. Sec .VII. (p. 2fil).
Council for the administratrix
after quoting the forgoing provis-
ions from the cmstitution and
laws of tne Cherokee nation pro-
ceeds to point out the difficulties
which present themselves when we
contemplate the handling of thit
property as we handle other prop-
erty belonging to an estate which
we term personal property. He
further states:
If these Improvements or farms or gin
houses or dwelling houses or altogether are
personal property then in the case at bar we
have an anomalous state of affarls. The
debts are all paid and the residue Is for dis-
tribution. Part of the heirs (distributees)
cannot take and hold the estate part can.
so inorder to distribute the estate must bo
sold and Inasmuch as none but citizens of
the Cherokee nation can buy and Inasmuch
as part of the distributees are Cherokees the
value of the estate is exceedingly precarious.
He then proceeds to point out
the diffculties which present them-
selves when the court shall under-
take to distribute this estate on the
basis that these improvements are
personal property.
Numerous authorities were cited
by counsel for the administratrix
in reference to the distribution of
estates and the distribution of per-
sonal and real property.
But we respectfully submit that
the court is not now confronted
with the difficulties to which coun
sel advert. The case at bar is one
of administration and has not yet
reached the point when orders for
distribution and final settlement
of the estate aro to be mado. The
question now before the court is
one of proper administration and
presents the questien as to what
property the administratrix in this
case shall schedule and account for
in her capacity as administratrix.
Acting under the advice of her
counsel she has treated up to this
lime all of the improvements
whether for agricultural or trade
purposes as a part of the realty
and has only scheduled such per
sonal property as live slock stocks
of goods in stores and moneys due
the estate. The co umissioner and
special master heretofore appoint-
ed by this court has submitted an
able and elaborate report after an
exhaustive examination in which
he presents both the facts and his
conclusions as to the law of the
case. He has reached the conclu-
sion that the administratrix should
schedule the value of the gin
houses and other improvements
used in the carrying on of his busi-
ness as a merchant but is of the
opipion that improvements for
purposes of agriculture are a part
of the realty but are not personal
property which she is required to
schedule or account for to this court.
Tfie controlling question in the
case is as to whether any of the
improvements placed on the lands
occupied by the deceased at the
time of his death are real estate or
personal property or what if any
of such improvements are person-
al property.
What is real property?
In the English common law property is di-
vided Into two classes real and personal.
Real property is snch as has the character-
istic of Immobility or permanency of loca-
lton as lands and rights issuing out of
land. Personal property is every species of
property which does not have the almvo
meat iond charact erist ics. Tiedeman on Ileal
Property p. 1.
All real property or things real are said to
be comprehended under the terms. 4iands."
tenements and herediameuts. Land Is thp
soil of the eartli and Includes everything
erected upon its surface or which Is burled
beneatlrlt. lb. p. 2.
At common law and generally: "Under
the term 'land' are included the buildings
made so under the doctrine of accession and
the trees and cither things growing
upon the land under the doctrine of acquisi-
tion by production as well as the minerals
which may oc Imbedded In the eartli. Hi.
Fixtures are those tilings which personal in
their nature becomo realty by reason of
their annexation to the soil such annexa-
tion being made by Mime one having an in-
terest In the soil. They are removable or not
according to the circumstances of each case.
Hi. p. 3.
Where the person who erected tho fix-
tures has a permanent estate in the land
sucli as a fee. the legal maxim 'Quidiiuld
plantatursolo. solo credit' applies to the
fullest extent qualllied only by the rule that
the annexation must be of a permanent
character. lb. p. 4.
All annexations of a permanent diameter
pass with the realty respectively to the heir
vendee and mortgagee and cannot lie re-
moved by the executor endor or mortga-
gor. This is the general rule Hut between
landlord and tenant when a question arises
as to fixtures placed on the land by the ten-
ant a more lilicral rule is followed. The ten-
ant Is permitted to remove a fixture which
falls itliln one of these classes even though
firmly fixed to the soil one of the follow-
ing classes namely: Trade fixtures agri-
cultural fixtures and fixtures for domestic
use and convenience. The tendency of the
lawattlie present day Is to permit the ten-
ant to remove all fixtures lie may attach to
the soil which come under one of these clas-
ses and which can be removed without perm-
anent injury to the premises. lb. pp. T and f.
The clear tendency of modern authority
seems to gite pre-eminence to tho ques-
tion of intention to make the article a pcrm-
ament accession to the freehold and other
tests seem to derive their chief value as c I-
dcuce of such Intention. Ewell on Fixtures
22; McDonald vs. Shepanl. 2T Kansas. 112;
Eaves vs. Estes. 10 Kansas. 314; lliukkey &
Egery Iron Co. vs. lllack. 70 Jliv 173; .Morris
vs. French. IOj Mass.. 338; Yates vs. Mullen
21 Ind- 277; 10 1.. Heps. Annotated p. 722.
Where it is tlie mutual intention of parties
that the title to a building erected on the
land ot another shall remain in the builder
such building will lie a chattel. Mayor xs.
Newliorr(X.J..May HOT). Mere physical
annexation does not make the thing annex-
ed a fixture; and the Intention to annex
whether rightfully or wrongfully is the
leal criterion. Vail vs. "Weaver. IB Pa. 3C3;
Hill vs. Sewald.53 Pa- 271; Seeser vs. Pettit
77 Pa 437; Morris' A pp. Ss Pa 303.
A building erected tin another's land by
p?rmlssion and treat ed by all the owners of
the building as well as the owner of the land
as personal property. Is subject to sale and
mortgage as personal property llniwu vs.
Corbln. 121 Ind.. fit
The question whether fixtures erected for
the purposes of trade are or are not remova-
b'eby the tenant does not depend upon the
form or size of the building; whether it lias
a brick foundation or not or is Mie or two
stories high or has a brick or other chimney.
The sole question is whether it Is designed
for thepurposeof trade or not. Van Ness
vs. Packard. 27 U.S.. 2 Pet.. 137. (7 Law Edi-
th) i. 374).
The parties concerned may by agreement
in due form give to fixtures the legal char-
acter of realty or personalty at theiroptioii.
and the law will respect and enforce their
understanding whenever the rights of third
parties will not lie prejudiced. A structure
erected by tenant for years of whateier size
or material. It may lie remox ed though erect-
ed and used for purposes of agriculture or
manufacture. Washburn on Ileal Property
Vol. 1 p. 131.
It will be seen from these and
other athorities which might be
cited that all kinds of buildings
whether for purposes of agricul-
ture manufacture or trade may be
erected upon land and still retain
the character of personal property.
Tho criterion by which to deter-
mine whether the buildings and
their fixtures are a part of the
realty or are personal property
depends upon the intention of the
parties. That is the intention of
tho owner of the soil and of the
person who erects the buildings.
If they enter into an agreement
by which the buildings are to be
regarded as personal property the
law will so regard them and carry
their intentions into effect. Let
us consider therefore what is the
intention of tin- Cherokeo nation
and the owner of the improve-
ments put upon lands belonging to
the nation. That intention is de-
rived from Sec. 2 of Art. 1 of the
constitution of the nation which is
as follows:
Section 2. The I i-uls of tho Cherokee na-
tion shall remain common property: but the
Improvements mad? thereon and In posses-
sion of the citizen of th nation are the ex-
clusive and indefeasible property of the citi-
zen respectively who made or may rightfully
be in possession of them; provided that the
citizens or tho nation possesses exclusive and
Indefeasible right to their Improvements as
expressed In this article shall possess no
right or power to disposo of their Improve-
ments In any manner whatever to the United
States. Individual states or to Individual
citizens thereof etc
This article of the Cherokee
constitution was quoted in the
brief of the counsel for the admin-
istratrix and is relied upon by him
in connection with other provisions
of the constitution and of the laws
of tho nation as presenting insur-
mountable difficulties in the way
of the distribution of tho propert'
of the estate in question. But I
have quoted it for a different pur-
pose. I desire to call attention to
the peculiar and expressive lang-
uage of this article. The words
exclusive and indefeasible are
are especiall' significant. An in-
defeasible title is a title which can-
not be defeated. It means in this
connection that the owner of the
improvements on Cherokee lands
cannot without his consent be de-
feated as to his title or deprived of
his property. The Cherokee na-
tion has placed it beyond its power
to take to itself this property or to
permit others to despoil him of it.
The word "exclusive" has also a
very marked significance in this
connection. Who is excluded
Irom ownership of these improve-
ment!? It is undeniable that the
owner may alienate or sell his im-
provements to a citizen of the
Cherokee nation. Hence other
citizens of the Cherokee nation are
not excluded from owning improve-
ments en land. But the United
States individual states and indi
vidual citizens of states are abso
lutely excluded by the terms of
the article. But the Cherokee na
tion is clearly and unmistakably
excluded from owning improve-
ments on the lands of the nation.
As the nation which owns the soil
is excluded from the ownership of
the improvements and as the
owner of such improvements has a
title which cannot be defeated in
such improvements it follows that
the ownership of the improve-
ments and the land is forever
separated by the mutual agreement
of all the parties concerned. The
improvements therefore upon the
lands of tho Cherokee nation can-
not be owned by the owner of the
soil and if they cannot be owned
by the owner of the soil they arc
forever to remain as personal prop-
erly This is the intention of the
parties and at this criterion by
which the character of realty and
personalty is stamped upon tho
lands and improvements the land
upon the one hand and realty and
the improvements upon the other
are personal property.
If a man. by permission of another erect a
house upon another's land. It will if the
builder have no estate In the same lie the
personal property of the builder. Washburn
tin Ileal Property p. 3; Aidrlch vs. Parsons.
CN. II...V5; Osgood vs. Howard 6 Greene
4i2; ltussi-1 vs. IEIehards.1 Falrf 423; Ali-
munvs. Williams. 8 Pick.. 402; Ioty vs. Gor-
liam 5 Pick-4t7; Dame vs. Iame. 3S N. H.
4.3; and cases cited p. 431; Mott vs. Palmer
1 Comst. 371: Itogers vs. Woodbury 15
Pick. IV..
The rule here laid down by Mr.
Washburn is so well sustained by
all the authorities cited in this
opinion that it may be regarded as
the law governing in such cases.
Applying this rule to the case
under consideration we find that
the owner of the land in question
was the Cherokee nation and that
the nation was by a constitutional
provision forever excluded lrom
asserting any ownership in the
buildings and other improvements
on the land; that the buildings and
other improvements were the ex-
clusive and inefeasible property of
the person who built or made
them;that the builder of the build-
ings and other improvements had
no estate in the land; and that the
consent of all parties concerned
was given to such separate owner-
ship. Under such conditions the
buildings and other improvements
are the personal property of the
person who builds or makes them;
that the builder of the buildings
and other improvements' had no
estate in the land; and that the
consent of all parlies concerned
was given to such separate owner-
ship. Under such conditions life
buildings and other improvements
aro the personal property of the
person who builds or makes them.
And therefore all the buildings
and other improvements in con-
troversy in this case whether for
the puriMise of agriculture or for
trade or manufacture passod on
the death of the intestitte. to the
administratrix and not to his heirs;
and it is the duty of the adminis-
tratrix to schedule the same and
to full' account to this court for
them and to hold and to dispose
of the same subject to and under
the orders of tnis court.
Counsel of the administratrix
cites in his brief Sec. 501 of the
laws of the Cherokee nation which
is as follows:
Sec.TOl. All improvements shall lie ex-
empted from the payment of debts against
any estate and In the administration of es-
tates where there is a surxivlng wife or hus-
band or minor child or children all the
property exempted by law from ex-
cutinti shall likewise lie. exempted from the
payment of debts against an estate and shall
lie at once turned over to the surviving pa-
rent or guardian for use of the family.
This section has reference to the
final settlement of estates in the
Cherokee nation and the time for
its consideration and proper inter-
pretation by this court has not yet
arrived. But in this connection
it mav not he premature to call at-
tention to the provisions of sec-
tion 31 of the act of May 2 1S90
relating to the Indian Territory. 1
quote from that section:
Proceedings to subject such property (Im-
provements.mado on lauds owned by an In-
dian nation.) to the payment of judgments
may bo by petition of which tho judgment
debtor shall have notice as In the. original
suit. If on the hearing the court shall lie
satisfied from the evidence that the Judg-
ment debtor is the ownerof Improvements on
real estate subject to tho payment of said
Judgment the court may order the simesold
and t he proceeds or so much thereof as may
lie necessary to satisfy said judgment and
costs applied to t lie payment of said judg-
ment. Such order for sale of improve-
ments can only he made in cases
wherein attachments are provided
for so far as the section to which
1 have referred provides. But the
right ot congress to subject im-
provements on lands in an Indian
nation to sale for tho payment of
debts is clearly stated and recog-
nized and should there be any con-
flict between the laws of the Unit-
ed States and those of the Cherokee
nation the laws of the United
States must prevail. Of course in
all such sales citizens of the na-
tion only would have right to pur-
chase the improvements. But it
is important in this connection to
note the fact that congress has
given its opinion in this act to the
effect that all such improvements
are personal property and are
subject to sale or execution as
such.
As stated heretofore the ques-
tion now before the court is not
one of distribution but one of ad-
ministration and being a question
of administration I am of the opin-
ion that the administratrix should
schedule all improvements on
lands which were in the posses
sion of the deceased at the time of
his death and account tho court
for their value and for the rents
and profits accruingfrom the same.
Having thus stated the conclu-
sion of law to which j have ar-
rived it will be necessary to refer
the report of the special master
back to him with instructions to
ascertain all improvements not re-
ported upon in his first report and
the value thereof and all rents
and profits which have accrued
from the same since the death of
the intestate or were uncollected
at that time. The special com
missioner will also ascertain
whether the item of 81600 which
he charged against the adminis-
tratrix was the result of a mistake
in her accounts and whether she
had not already accounted for that
amount instead of the SI. GO which
appeared in the body of her re-
port. He is also instructed to re-
port more specifically upon the
value of the services rendered by
Jefferson Hayes brother and
Oscar Hayes son of the deceased
and report whether their services
were required as clerks or
employes in managing the
stocks of goods in question and if
he should find that .their services
were so required and that they
were not employed to attend to
matters merely of administration
he will make a proper reommend-
a'ion for their compensation or af-
firm the recommendation already
made by him. Upon the question
of attorney's fees lor attorne3'sem-
plo3'ed by the administratrix I am
in somo doubt as to whether the
services to which reference was
made in thev special commission-
er's report can under Section 203
of Mansfield's Digest be a charge
upon the estate. But as this es-
tate is very large and as there was
a large amount of indebtedness
and as there were many compli-
cated questions which it was evi-
dently impossible tor the admin-
istratrix to solve and adjust with-
out the aid of counsel I am of the
opinion that counsel fe e should be
allowed but express no opinion at
this time as to the amount which
the administratrix should expend
for this purpose and charge to the
estate. Whatever has been paid
out by her lor this purpose may
remain as an unadjusted account
until her settlement when the
court can decide before any dis-
tribution takes place to the per-
sons b whom the charges for at-
torney's fees incurred by the ad-
ministratrix and those incurred by
the petitioner in this case and
which may be incurred hereafter
should be borne.
It appears from the roport of
the special commissioner that the
administratrix loaned the estate
about S16.000 and that of this sum
five thousand dollars was used for
the purpose of paying a debt
against the estate which was draw-
ing ten per cent interest. She
therefore charged the estate ten
per cent interest upon this amount
of $5000 which she advanced
until it was repaid by the sale of
property. I am of the opinion
that as she advanced this money
for the benefit of the estate in
which she herself was interested
and her own children as well and
that as she could not contract with
herself as to the interest which
she should receive she is entitled
only to that rate of interest which
tnone' draws when no interest is
agreed upon which is six per cent
per annum. 1 he recommendation
of the commissioner in this matter
is approved and in all other mat-
ters except as otherwise indicated
in this opinion.
It is therefore ordered by the
court that the report of the special
commissioner be reforred hack to
him with the instructions to pro-
ceed at once to obtain the infor-
mation which may be necessary in
order to enable him to submit a
final report to tho court in accord-
ance with the law of the case as
contained in this opinion and that
such final report be submitted by
him on or before the first Tuesday
of December next at Muscogee.
THi: IMtLSHYTEKlAN SYX0!.
An r.xcellrnt Meet in? In all Respects
What tho Church is Doll)?.
Lat Thursday at 7:30 p. m. the
Presbyterian synod of the Indian
Territory and Oklahoma convened
at the Presbyterian church in this
city. The opening sermon was
preached by Ilev. F. W. Hawley
of Oklahoma City the retiring
moderator from Rev 21: 1: "And
I saw a new heaven anil a new
earth for the first heaven and the
first earth had passed away and
After
organ-
W. R.
King of Muskogee moderator.and
Rev. S. E. Henry of Norman and
Rev E. Hamilton of Chickasha
temporary clerks. Friday morn-
ing the synod visited the academy
for chapel exercises tin invitation
of Prof. L. A. Ellis the principal.
Business sessions of the synod
were held Friday and Saturday
with popular meetings in the even
iocs. Friday night Mrs. De Vore
of the executive commtttco ol
home missions recently returned
from Alaska 'leiiventd an intensely
interesting address on the mission-
ary work in that far off northwest
territory frequently called our
American "refrigerator."
Saturdav night the meeting was
addressed'by Dr.D J McMillan D.
D.of the New York board of foreign
missions who again preached a
very excellent sermon Sunday
morning at 11 a. m.
All the meetings were very inter-
esting and by common consent it
was declared to be the most busi-
ness like as well as tho most
spiritual and tho best in all re-
spect of any synod ever held in
the territory.
Rev. W. R. King of Muskogee
was reelected synodical mission-
ary for another year. The next
meeting will be at McAlester on
the fourth Thursday in October
189G.
Following is a list of members
present:
Rev. H. A. Tucker Rogers
Ark.; Rev. C H. Miller El Reno
O. I .; Rev. S. W. Griffin Enid
0. T.; Rev. E. Hamilton Chicka-
sha I. T.; Rev. C C. McGinlev
Ardmorc I. T.: Rev. A. E. Thom
son Chandler O. T.; Rev. J. H.
Aughey Mulhall O. T.; Rev.
John Mordy Newkirk O. T.;
Rev. Win. T. King Guthrie O.
T.; Rev. B. H. Fields Edmund
O. T.; Rev. S. E Henry Norman
0. T.; Rev. F. W. Hawlev Okla-
homa City 0. T.; Rev. A. G.
McGillivray New Ponca O. T ;
Rev. T. W. Perryman Tulsa I.
T.; Rev. L. Dobson Claremore I.
T.; Rev. E. P. Robertson Melvin
1. T.; Rev. E. E. Mathes Mc
Alester I. T.; Rev. W. R King
Muskogee I. T.: Rev. W. M
Hamilton Tahlequah I. T.: Rev.
It. J. Lamb Park Hill I. T.'; Rev.
S. A. Caldwell Vinita I.T.; Rev.
D. N. Leerskov Red Fork I. T.;
Rev. F. F. Dobson Ft. Gibson I.
T.; Rev. F. M. Williams M. D.
Muskogee I. T.; Rev. J. H. Land
Okmulgee I. T.
Elders President W. A. Cald-
well Muskogee I. T.; D. A. Mc-
Hugh New Ponca O. T.; W. B.
Rbe Okmulgee I. T.; Edwin
Chamberlain Pheasant Hill; D.
M. Marrs Vinita. I. T.
The one great distinguishing fea-
ture of Presbytsrianism is the
thorough education of its clergy.
An educated ministry has been
largely the secret of its success at
home and in foreign lauds and
every church and community that
has an ordained Presbyterian
preacher has in its midst an edu-
cated man in the broadest and
truest sense of the term. But the
thing that has aided th's
grand old church most in extend-
ing ils work of spreading the gos-
pel and the thing most to be ad-
mired is its system of boards or-
ganized and maintained lor its
work of evangelizing and Chris-
tianizing the world. The old
Scottish covenanters believed that
the work of the gospel began and
centered about the living ministry.
The prevailing idea of the church
from the days of John Knox has
beer that as Christ at the first
called around him the twelve dis-
ciples and kept them under his
training for three years in prepa-
ration for their future service so
the church first raises up its la-
borers lor the harvest fields. This
involves at the outlet a course of
study and education. Hence its
board of aid for colleges and
academies. Then it has its board
of foreign missions which takes
up the young man or woman that
desires work in foreign lands
among the heathen nations pro-
vides the means of transportation
antl subsistence and continues in
constant communication with him
paying his salary and supervising
his labors. Then it has its board
for the Freedmen to collect funds
and educate negroes that may go
among their own people and teach
and evangelize them.
But probably the grandest
of all is its board of Home
Missions. This is the board that
Here m
especially
this territory and
here at Vinita we can
most. Tiiis hoard
appreciate
alone has poured into the church
here more than $6000 in the last
twelve years in the way of pastors'
salaries.
Then comes the board of Church
Erection without the aid of which
there would not be a half dozen
Presbyterian churches in the Cher-
okee nation. As the family must
have a home a place where the
ptrents and children form the
family circle so the church organ-
ization must have its own dwelling
place its "house of God" and to
meet such a condition this board
has been organized. Then it has
its Hoard of Publication for furn-
ishing church and Sabbath school
literature and its board of be-
novolcnce almost without num-
ber. The old church justly feels
proud of its system of boards.
FT. SMITH LETTER.
An Appeal In tho Htick Gang Cases-
Other Notes.
The Buck gang will not hang
Thursday. That much is certain.
Ever since their conviction they
have been wanting their case to go
to the supreme court forgetful of
the fa:t that an appeal could do
them no good as they had boasted
before their arrest of their crime
and not one of them except Buck
denied his guilt. They have final-
ly by the aitl of friends and beg
ging from the visitors to the jail
secured $50 for which an attorney
has agreed to take the case up. If
it were in Judge Parker's power to
prevent no appeal would be taken.
One of the slrwngcst points in the
appeal is that Judge Parker was so j
there was no more sea."
the sermon the synod was
ized by the election of Rev.
Willie Halsell College.
Thoroughly Organized having in Successful Opera-
tion Six Departments
Collegiate Preparatory! Music Art Elocution Business
Girls and Young Ladies board in the College Building with the
President. Boys and Young Men board in Cooper Hall un-
der the supervision of a member of the faculty. Write
to the President for information and Catalogue.
Fifth Year Begin?
Sept. 2 1895.
W.
JOSEPH HUNT
POSTOFFICE BUILDING
VINITA IND. TER.
Hardware Implements and Machinery.
SPECIAL FIGURES ATSU GRADES OF BUGGIES
SURRIES AND ALL SPRING
VEHICLES
tWFine Line of Groceries in
anxious to see them hung that he
fixed the date of their execution
two days before their right of ap-
peal expired. All the grounds are
purely technical. It is such cases
a3 this that bring the law into dis-
repute and force Judge Lynch to
conver.o his court and deal hastily
with offenders.
Abe Foreman is in luck. He
Will Nail and Will Thompson
wpro Piiniflpfl n fw tvppl?3 nrrn nt-
a robbery near Bracga. Thev
were sentenced to three years each.
Since then it has developed that
Foreman was innocent and Judge
Parker set aside his sentence and
ordered him released.
Tho examination of Ed Reed for
the killing of Zeke and Dick Crit-
tenden was concluded Saturday
morning before Commissioner
Wheeler. The evidence showed
that he was justifiable and he was
released. Ed regrets very much
that he had to kill Zeke as they
had always been friends but it was
cither that or get killed.
The November term opens next
Monday. The docket is very
heavy but does not contain as
many cases a? either the May or
August terms.
THE TRANSPORTATION QUESTION.
Distance Nut a Factor In Determining
Kates.
Editor Frank H. Greer of the
Guthrie Capital was interviewed
at Galveston last week while on
the editorial excursion and made
the rollowing oberservations on the
subject of transportation:
''Oklahoma has become already
a great cotton country. We ship-
ped out of the Guthrie depot last
year 5000 bales and will this year
ship out S.000 bales. Oklahoma
as a whole will export this year
30000 bales. All this cotton comes
to Galveston for export. It comes
here bocau3e the compresses are
south not because the freight
rates are lower. St- Louis is at
deep water on the Mississippi and
cotton is expoited direct from
theie to Liverpool. The rate on
cotton from Guthrie to St. Louis
604 miles is the same as to Gal-
veston 5S6 miles 70 cents a hun-
dred. The rate on wheat to St.
Louis is 21 cents per bushel and
exactly the same to Galveston.
Our corn rate is tho same also.
Merchandise rate from St. Louis
to Guthrie is $1.30 and the same
from Galveston. The rato on
flour from Topeka Kansas to
Glasgow Scotland through New-
port News is 30 cents per hundred.
The rate from Topeka to Galves-
ton is 45 cents. What hope is
ihere of turning the commerce of
the western states to southern
ports unless the outrageous rail-
way discriminations can he stop-
ped? None whatever. The east-
ern trunk lines ha- o the western
roads bound in an agreed schedule
they dare not break and this
schedule is built to force the long
haul and carrying commerce east.
"Distance amounts to nothing in
commerce lne longer tne haul
the cheaper the rate. The short
haul is a certain railway cinch.
Wheat is hauled from Chicago to
New York for 5 cents a bushel
900 miles; from Guthrie to Kansas
City only 385 miles it is 13 centt
a bushel while to Galveston 5S6
miles it is 21 cents You can take
a buMiel of wheat from Kansas or
Oklahoma to New York 1.760
miles lrom Oklahoma for only 3
cents a bushel more than it cists
to get it to Galveston.
"Merchandise from New York
to Guthrie via. water and Galves-
ton should were the water rates
what they should be save at least
75 cents per hundred but not a
cent can be saved thereby. The
merchandise rait is 82.12 whether
by rail direct or by water and rail
by Galveston. Goods can be
brought by rail from New York to
central points in Texas for 60 cents
a hundred less than the same
good3 can be brought from Kansas
or Oklahoma to Texas.
"As it is now there is no hope
whatever to turning the grain
trade from the eastern to the south-
ern ports. The great elevator here
at Galveston is an example of this.
The fact that the rate from New
York to Galveston via. rail is the
L. CHAPMAN A. M. Ph. D.
& o.
Connection.
same as by water proves that deep
water is so far no benefit to Gal-
veston in lowered freight rates.
The rate from New York by wa-
ter btsed onxthe cost of transit
should be only one-twenty-sixth ot
the cost by "rail. The Mallory
lino is a member of the south
western traffic association which-
ia dominated by-eastern foatls and
the Mallory rate is therefore what
the eastern roads dictate.
"Distance declares that every
bushel of wheat corn cotton and
other products shipped from the
great western grain stales should
go to the port of Galveston and it
will as soon as the railway dis-
criminations cease and they will
never ceas6 until the water com-
petition forces the roads to be len-
ient. If Galveston wants here a
great city the New York of the
west which it can easily be let
her millionaires put on some com-
petitive steamship lines and com-
pel a water rate such as the other
seaport cities have. Then all
groceries dry goods and other
merchandise sold to retailers in
Nebraska Colorado Kansas Ok-
lahoma and Arkansas will be dis-
tributed from here by Galveston
wholesalers. -
"Another thing: Nearly all our
exports of cotton and grain aro
now going to Liverpool and En-
glish merchants arc distributing
them to the world and getting a
profit for doing it. Our best
market is in the west and south
and we should export direct to
the consumer and import direct the
goods we take in return. The
countries of Asia and the west sell
us S27S000000 of goods while
they buy of us only S2S000000.
They buy far more than this but
buy it from the British middle-
man instead of direct from the
south and west countries with
which we trade. All except Aus-
tralia has yearly balances of trade
against us. We get gold for ex-
ports to England Germany and
France over 8350000000 a year
for products only to transfer it in
payment of balances with the
countries which sell us our sugar
rice coffee and spices. When we
trade direct the profits of the
British middleman will go to the
American exporter and to the
American farmer.
'To do this our products must
go out of southern instead of east-
ern points and be carried in
American instead of British ships.
When our own ships carry but 8
per cent of our exports and 13 per
cent of our imports it is little
wonder that the chief carrier Eng-
landstops these exports in En-
glish warehouses and makes Brit-
ons the distributors of our surplus
fixes the price to us in the deal.
"Commerce must go through
southern ports and all the west
wants it to but to change the
trend is a gigantic task. The rail-
way transportation rate is the first
big obstacle to be removed. To
remove this means utility of deep
water at Galveston. Until it is
removed the expenditures for deep
water here are lost as far as bene
fits to the people go. The con-
gress which appropriated 86200-
000 to make a port should now see
whether the railroads can so pool
tariffs as to deprive the people of
the vast savings in transportation
this deep water ought to bring.
'In the meantime it behooves
the west to see if it cannot choke
off' corporation freed so that it may
have the benefits of proximity to
the southern habors to see if
things have come to such a pass
that railroads can force a haul of
1700 miles when one of 600 miles
can reach deep water.
"Galveston can depend on Ok-
lahoma in this fight for cheaper
transportation and a closer outlet.
We have a rich country marvelous
in the rapidity of its development
and we know if justice in freight
rates can be had deep water at
Galveston will add a quarter of a
million dollars to our annual
crops."
What is the reason the city ad-
ministration does not make a
financial statement?
Thkkk now seems a prospect
that the prize fight may yet take
place at Hot Springs.
vl
ll
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Marrs, D. M. The Indian Chieftain. (Vinita, Indian Terr.), Vol. 14, No. 9, Ed. 1, Thursday, October 31, 1895, newspaper, October 31, 1895; (https://gateway.okhistory.org/ark:/67531/metadc71409/m1/2/: accessed July 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.