The Indian Chieftain. (Vinita, Indian Terr.), Vol. 17, No. 39, Ed. 1, Thursday, May 25, 1899 Page: 2 of 4
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THE INDIAJN
CHIEFTAIN.
CHIEFTAIN PUBLISHING CO.
VINITA INDIAN TERRITORY THURSDAY MAY 25 1S99.
VOL. XVII. NO. 39
THE OPINION ANALYZED.
CAUGHT ON A PIN HOOK.
BENTON VENGEANCE.
FOR THE TOWN'S GOOD.
ll&ML&Ld
rtibfCKKftF
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i
No -Vested Rights in Proper-
ty of the Indian Nations.
The opinion of the supreme
court in the citizenship cases is
thuVsummarixed:
D:d the act authorizing the ap-
peals restrict the supreme court to
the consideration of constitutional
questions excluding from consid-
eration questions of fact and ques-
tions of law other than constitu-
tional law? The court's answer is
"Yes."
This limited the appeals to con-
stitutional questions which are
decided as follows:
1. Were the appeals from the
Dawes commission to the district
courts constitutional? Answer
Yea.
2. Are these district courts con
stitutional courts? Answer .No;
tney are only legislative courts.
3. Was the iaw authorizing the
appeals to the supreme court un-
constitutional because of an inva-
sion of the federal judiciary by the
legislative? Answer No. The
district courts are no part of the
v federal judiciary.
4. Was that law unconstitu-
tional because the judgments had
become final before the law was
passed? Answer No.
5. Was it unconstitutional be-
cause it disturbed vested rights?
Answer No. Citizens have no
vested rights in the property of
the Indian nations.
6. Had the Dawes commission
and the district courts constitu-
tional jurisdiction of the citizen-
ship cases? Answer Yes.
' The decision practically makes
the judgments of the district courts
the final action in hundreds of
other chums for citizenship in the
Indian nations besides those
passed upon. Justices White and
McKenna dissented from the de-
cision. RESULTS OF THE WRECK.
Esgiaeer "Fired" and Conductor
"Set Up" to Passenger Run.
The investigation of the recent
freight train wreck above the
crossing in this city resulted in
the engineer being discharged for
not stopping for the crossing. The
conductor Schmidt is now run-
ning a psssenger train. It is not
clear to the uninitiated how fail-
ure to stop for the crossing brought
about the breaking in two of the
train but it is a "high crime"
with railroaders and gave an op-
portunity for needed discipline.
When these investigations come
up friendship ceases and all
hands endeavor if blame cannot
be eliminated to fix it somewhere
else than at their own doors. That
it is pretty difficult to "flim-flam"
'an old superintendent may be
gathered from an incident of an
investigation at Parsons some time
ago. Two freight trains had got
together between stations with dis-
astrous results. A few days later
the inevitable "on the carpet" af-
fair came up as the railroaders
style the investigation before
superintendent Welch who began
his railroad career away back of
carrying water to the men on the
dump. -Mt. Welch was sitting
there in one of hiB quiet appar-
ently half asleep moods listening
to a conductor tell how his train
had plenty of time on the card to
reach the next station and avoid a
collision had it not been that they
broke in two and lost time by hav-
ing to couple up. "Of course you
br6ke in two" said the superin-
tendent quietly and without a
smile "there was. nothing else
you could do under the circum-
atances but break in two." He
bad been all along these lines
himself and to "run up" a story
on him and make it work was
about as difficult as to fabricate a
defense in a criminal trial. But
while cases of neglect or careless-
ness meet prompt suspension or
dismissal the officials all recog-
nize fully the liabilit' to accident
and the disposition to "fire"
somebody every time a mishap
occurs is conspicuously absent.
The Fort Gibson Post nomi-
nates Col. Wisdom for delegate to
congress from the Indian Terri-
tory. There has never been an
officer go into private life in this
territory with so clean a public
and private record.
The government has put an in-
spector at Fort Gibson to observe
Grand river a very "soft" job
and one of chief consequence to
the holder.
The unusual overflow of bou
quel8at the Atoka Citizen office
this spring is easy to account for
Mrs. Smi8er is running the paper.
One of the Swift Boys Con-
fidenced out of $5.
A pretty smooth scheme though
not a new one was worked on a
mighty good fellow the other day
but one withal who rather prides
himself on being "up to enufi."
If the "con" man had not told it
the matter would have remained a
dead secret for our friend would
have suffered the loss of several five
dollar bills rather than the story
should get out. The schemer
who had a silent partner was
walking with our friend when an
ordinary black-pin box frequent
ly used as a stamp box came into
play. The partner now joined the
other two and a controversy arose
between the two strangers about
opening the box resulting in an
offer to bet five dollars. Believ
ing be was equal to all such tasks
the home man bet five dollars he
could open the box but in the
shake-up of putting up the money
another box was substituted tbat
no one could open without tools
for it was made in one piece or
was soldered together on the in
side. Our mend "dropped" in a
moment and made a "roar" about
having them arrested thinking
thereby to run them off or keep
them silent all of which they
knew he would not do. But the
story was too good to keep even
by confidence men and before
leaving the other night they gave
it away on promise the victim's
name be given which promise will
be fulfilled some time hence.
DEPARTMENT ENCAflPMENT.
Survivors of 1861-5 Dispatch Busi-
ness Promptly.
The department encampment
G. A. It. of the Indian Territory
met at the court house in this city
Friday and "by diligent effoit
disposed of all the business at
band adjourning at night. But
fourteen of the twenly-6ix posts in
the Indian Territory were repre-
sented the smallest meeting since
the department was organized the
retiring commander states. The
officers elected for the ensuing
vear were:
Department commander G. S.
White Vinita.
Senior vice commander Harri
son Jones Ardmore.
Junior vice commander L S.
Struthers Nowata.
Chaplain J. L. Thomas Musko
gee.
Council of administration H. T.
Estes Muskogee; H. T. Uoler
Nowata; C. W. Meade Cale; J. T.
Goodwin Tulsa; Bridenstine
Fairland.
Delegates to national encamp-
ment1 to be held at Philadelphia
in September B. F. Harris Mus-
kogee; alternate B. F. Willis
Nowata.
Cheap Remedy For Borers.
It is made with ordinary soft
soap diluted or made thinner
with a strong solution of common
washing soda. Make the solution
of washing soda as strong as pos
sible; then thin the soft soap with
tbat. If this wash is painted on
the trees on a clear warm day it
will leave a thin varnish-like coat-
ing on the trunks which will slay
there for a number of weeks and
will prevent the female beetles
from laying their eggs on the bark
The borers are grubs of beetles
which hatch from e"ggs laid on the
bark; if this coating of soft soap
and soda is painted on the trees
the mother beetles will not lay
eggs and the trees are Eafo. Other
washes are sometimes recommend-
ed but this is as good as any.
The intruder decision fixes lor
all time the constitutionality of
the Curtis bill. The district
courts of the Indian Territory are
not constitutional but simply leg-
islative and yet these courts and
the Dawes commission have con-
stitutional jurisdiction of all citi-
zenship cases. So it is clear that
whatever the district courts and
the Dawes commission have done
in the adjudication of citizenship
cases is constitutional and final.
The act authorizing appeals in cit-
izenship cases to the supreme
court simply gave that court au-
thority to pass upon constitutional
questions and not upon jurisdic-
tional questions. Capital.
Heirs of the late James A. Pat-
terson of Muskogee have settled
with "Jimmy" who was inad-
vertentlyf?) left out of the will
for SSOO0. Jimmy is Eomewhat
darker than an ordinary saddle
and not one of the ox-blood shade
at that.
The Bristoe Man Again on
the Warpath.
On the arrival of the Frisco
train from the west last Thursday n
wild-eyed individual minus a hat
emerged from one of the cars and
tried to make the Flyer but fail-
ed. His appearance attracted
passing notice and from a fellow
passenger it was learned the man
was D. C. Cantwell of Bristoe
who cut such a "dido" at Kansas
City two or three weeks ago. The
passenger said he was armed with
two pistols and bound for St.
Joseph in search of the man who
had broken into his domostic rela-
tions. The story of Cantwell's
Kansas City escapade as rolaled
in these columns at the time was
that he followed his wife to whom
he had been married but a year or
so to the city named for the
avowed purpose of killing the man
who had enticed her from home.
Seeing a man in company with her
he rushed up and demanded
to know if his name was Randall
not being acquainted with him.
The man cooly denied that such
was his name and two detectives
coming up just then Cantwell was
disarmed and subsequently releas-
"ed. But it seems that the wrong-
ed husband was not to be dissua-
ded from his purpose of hunting
down thedestroyer of his happiness
and according to the traveler men-
tioned is now out on a similar er-
rand. He left on the night train
for the north.
Cantwell stated last Thursday
when asked if he had ever been in
Vinita before that he had driven
cattle over the site of the town be-
fore a house was ever built here
on the w.13' from Texas to Baxter
Springs which was the first
shipping point in the southwest.
He also told a little incident of
his first day's experience in the
Confederate arm' he served in a.
regiment commanded by Col. As-
hy recruited at Knoxville Tenn.
Cantwell said they told him he
was too young and too small loj
fight perhaps doubting his cour-
arge as well. However small he
may have been if his story is to
be believed he was not wanting in
fighting qualities for he says
he killed three men the
first daj' which will not be very
cheerful intelligence for the man.
he is hunting.
A gentleman in this city who
knows Cantwell and is conversant
with hiB history and affairs says
he is a man who has a varied ex-
perience; has been rich has lived
on the frontier since his early
manhood and bad a great many
ups and downs. He made the
frequent mistake of marrying too
late in life a young woman one
who had been previously married
however and had a little girl of
five and with the not uncommon
result of an unhappy union.
Is it the Itedonljtnble Viuita Colonel!
Some of the newspapers of the
Cherokee nation in discussing the
merits of candidates for chief to be
elected in August have condemn-
ed some because thev were not
smart enough. All right to have
smart men; but the great need of
me unerase juai m S"u" '
mun-iionesi uiei ""'" " l-
pie can trust and in whom the U.
S. government can have confi
dence. One great trouble with the :
Cherokee nation in the past was
that some of its officials were as
Horace Greely once said "too
d d smart." Ft. Gibson Post.
You Know What He'll Do.
The secretary of the interior is
an officer of the United States and
whatever duties he performs under
this heading (schools) he must
perform as such officer. When he
opens the Choctaw schools on the
first Monday in September nest
suppose a lot of white children
are by and say "we want to go to
school here" and suppose also
that a lot of colored children are
b and say "we have come -to
school" what will ho do? Atoka
Citizen.
The time has about arrived
when the Memphis wishes to ex-
tend beyond Miami. Why not
mako an effort to impress thorn
with the irreatness of Vinita
and its desirability as a
southwestern terminus? The time
for activity has arived; we must be
active and aggressive.
"The commissioner and the tur-
ve3or for the townsite of Musko-
gee are at work trying to harmon-
ize the line? of the streets" says a
local paper. That is a little be-
- fore breakfast job compared nitb
' what 'twill be at Ft. Gibson.
Things of Importance With-
in our Reach.
While these rain' days bring
small sales to the merchants they
are productive of collot-al schemes
maybe some that are "out of
sight" and will slay so. One
little coterie was engaged this
morning in securing a fine brick
depot at the Knty station one
that would be a credit to a town of
20000 people; such an one as Fort
Scott has for instance not to bo
too extravagant and "strike" lor
the Parsons. One grntleman be-
lieved that if without any previous
correspondence Vinita raised SI-
000 and tendered it to tbe railroad
company in consideration they
would build such a structure it
would go a iong ways towards the
desired result. The first two who
had gotten up the scheme had
"raised" a hundred before the
Ecribe ccme along and tried him
for fifty. As he once had a little
experience matching nickels with
two fellows the odd one to take
all he was just a trifle shy at first.
But seriously it is in this manner
thai we shall secure such things
if secure them we do. While a
thousand dollars would not go far
towards the erection of such a de
pot as the importance of inila
warrants its tender would show a
tpirit which railroad officials like
individuals appreciate. Because
of our right of way differences the
railroads do not feel too kindly
towards Vinita and having vindi-
cated their contention in the
courts they feci little obligation.
But still there is not a disposition
to bo vindictive and it is probable
the most cordial relations could
very speedily be established.
As to the importance of having
the present ugly old structure
called a depot replaced by one in
keeping with the stores homes
and the town in general there is
no argument. A union depot
would be still more desirable and
the result at South McAlester 1
where a joint station is maintained '
by the lvaty and the Choctaw
leads to the conclusion that such
an arrangement is not out of the
question here. But whether we
have one depot or two we want
more attractive ones. First im-
pressions are the lasting ones and
certainly no very favorable opin-
ion of Vinita can be formed by
passengers on the Katy and as it
runs six passenger trains daily
through here their numder equals
an army in a very short time.
At another plac6 the subject of
bridges was discussed and just at
this time this is a vital topic with
the merchants. A gentleman who
is on the road much of his time
slated that at Sapuipa they had
erected a bridge over Polecat
with a hundred and seventy-five
fool span for $475. This seemed
incredible but the bridge is there
to show for itself. It is true that
it is all of wood but it serves the
purpose and the cost is insignifi
cant. It has been estimated that
to put in one bridge at Cabin
creek at this place would cost
S1S00 to be of iron. The gentle
man who was talking said the man
who put in the Sapuipa
bridge
which
wouId build an three
we require for.SlSOO and the prob-
bability is that they would answer
nur j)Urpose for a number of years
A merchant to whom the conver-
sation was related snid Vinita had
lost enough in the last lew weeks
to build the bridges at that
price in proot tbat the business
was lost to the town he pointed to
the fact that during the last week
since the streams had gone down
while there were plenty of people
coming in they were making only
their ordinary day to day pur-
chases. He with all the others
visited was anxious to see tho
bridges put in and to pay his share
of the cost.
Col. R. W. Blue is recognized as
a candidate for congress in the
southeast Kansas district. If
successful it will be a good thing
for the Indian Territory as there
will be one man in the popular
branch of congress who under-
stands clearly existing conditions
here which has not been tho case
heretofore.
Our neighboring towns that are
expending so much energy in "lo-
cating" the Cherokee land oflico
had as well subside. Just sit down
and watch the land office come to
Vinita on schedule time.
It is reported that the Dawes
commission has or is going to
move its LreeK ianu otneo irom
Muskogee to Okmulgee.
! -SS
V-Ni
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zi
will keep you busy buying shoes unless you
are wise enough to buy the kind that will
wear well as well as look well. The Clover
Brand shoes can not be equaled for beauty
style and durability. We can fit and suit
any body in
"5rt
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51
SHOES
Dont fail to see our line before buying.
It will certainly pay you.
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IT NEED NOT
WORRY YOU
"Si
3
any longer about where to buy your Shirt-
waists and Skirts this summer. We can
settle the question for you. When once
you have seen our stock of handsome well
made and fashionable
3
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shirtwaists
- skirts
w
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you will look no
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HEN'S
FURNISHINGS
Fine Line at
Low Prices.
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U. S. COURT OF APPEALS.
Assignment of Cases For Call
at June Term 1899-
Tuesday June G.
171 Rachael McClollan vs Jas. C.
Kirby et al.
209 G J Waitman vs II P Howies
et al.
'223 William 12 Gentry vs Thomas
C Singleton.
22G T M Grubbs va Thomas B
Needles et al.
22S Hiram Quigly vs Green Ste-
phens et al.
Wednesday Junk 7.
237 Samuel T Davis vs Itose Pry-
or.
23S E A Parker vs The Independ
ence Produce Co.
239 F M Duckworth vs V O Craw-
ford. 240 Robert Kennedy vs James A
Harris.
242 J L Springaton vs W W Whee-
ler. Thursday June S.
243 Fred Hockott et al vs Sarah O
Alston.
224 Charles liar is vs Wilson O
Brulon ot al.
213 Wade Hampton vs Mayes 0&
Williams.
217 Central Coal it Coko Co vs
Geo S Good t Co.
235 St Louis & San Francisco It R
Co vs B W Zachary.
Friday Junk 9.
236 S II Merchant vs United State.
241 Little fe Smith vs Atchison
Topeka & Santa Fe Ry Co.
244 W II Ansley et al vs N B
Ainsworth et al.
245 Chicago Rock lelund & Paci-
fic Ry Co vs J L Huggins.
23G Charles M McClelland vs
Thomas 12 Tootle.
Saturday. Jine 10.
247 Jake McFadden el al vs Dan-
iel Sanders.
248 Geo Sibly vs John T Miller.
e
further but buy here.
Monday June 12.
230 Dennis Nolen vs United
States.
231 Chas S Bias vs United States.
233 Mary J Kimberlin vs The
Commission to the Five Civil-
ized Tribes et al.
231 Tom Ward vs United States.
249 G W McMillan et al vs J N
McKee.
Tuesday June 13.
2-tO W P II McFaddin ot al vs
Evans Snider Buel Sz Co.
If you would hare your clothes ibat
delicate clear white so desirable use
Red Cross ball blue. may 0
DEERiNG IDEAL
..MOWER..
P32aQt
IWITH
3WY -r!r Hi
0Ku:
!S
4JKN. ''- -. W - .1
"SXwW
For ease in operating and lightness of draft it has no equal.
The hay-makers chief delight is to own a Deering Mower
Sold By
is expensive. There is always some-
thing needed a new dress wrap or
handkerchiefs fans and other little
articles. All this
COSTS MONEY
as many a man's purse will testify. It
wont cost so much though if you fit
the girls out here. Our prices will
help you economize.
We want
your
wife
to see us about her summer hat. She
will not be satisfied with her old one
after seeing our fine
TRIflMED
and they cost so little you will be
glad to have her have one.
YOUR SUCCESS
both business and social will depend
in a great measure on your appear-
ance. If you wear clothes bought at
this store no one will find fault with
your looks. They will be correct in
cut and st le while the fit workman-
ship and material will be all you can
desire. The prices are just right.
Ml
it .A
HLw
Got Away of Course.
A member of Clark brother's
show company came to our town
recently and brought some of his
favorite pets with him. One of
these pets was a large snake sev-
eral feet long about twenty inches
around the large part of the body
and weighed 175 pounds. Mon-
day the owner put the snake's box
out in the sun and as the snake
was dormant at the time decided
to leave the box open. Some time
after the box was found empty
and now the snake is at large in
! town. Atoka Citizen.
ROLLER AND BALL BEARINGS.
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"
VINITA PLOW CO.
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JM I n t JL k. Mm
The Ulesslng of TTar.
"This here last war" remarked
the old lady "has been a blessin'
to my fam'ly; John's drawin' of a
big peshion fer one ear an' three
fingers; the oje man's writin' a war
history; Moll's engaged to a sear-
geant an' Jennies gwino to marry
a feller that-come within an ace
of beini-a" gin'rul." Atlanta Con-
stitution. Strayed red sorrel horse about 15
hands high barefooted; has very ten-
der feet. Reward for return or infor-
mation. Mrs. Zack Pumphrey.
Sweet potato plants at the nursery
Red Nanseiuonil-anil Southern Queen
-
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Marrs, D. M. The Indian Chieftain. (Vinita, Indian Terr.), Vol. 17, No. 39, Ed. 1, Thursday, May 25, 1899, newspaper, May 25, 1899; (https://gateway.okhistory.org/ark:/67531/metadc71595/m1/2/: accessed April 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.