Chickasha Daily Express. (Chickasha, Okla.), Vol. FOURTEEN, No. 123, Ed. 1 Thursday, May 22, 1913 Page: 1 of 8
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1 Uf. TV;
A'AK.S 'By WW 1)AlLy
FROM L'SITm THL'SS
I ASSOCIATION
A
i Vi h 'HAY IS 11! 'li
DAILY LXVtili&S
VOLUME FOURTEEN.
CHICKASHA OKLAHOMA THURSDAY MAY 22 1913.
NUMBER 12:?.
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t mlii iW.i "trffc. ifcw -mmS YmS
GRABS OF
III GRAB
WMBER 83
Closing Exercises at High School
Auditorium Draw a Great
Crowd of Proud Parents
and Friends
DIPLOMAS PRESENTED
BY SUPT. RA1EY
Excellent Program is Rendered by
cy Young People to Appreci-
ative Audience Roll of
Class Members
If you think those wise looking sen-
iors their beads ready to buret with
knowledge are the whole show you
have several more guesses coming.
However high and mighty those fine
young high school grads are they are
not a hit premier than the eighty-three
hoys and girls who received diplomas
testifying to the fact that they have
satis'uctorily completed the course of
Study in the eight grades of the pub-
lic schools.
lu presenting the diplomat) at tho
close of tho graduating exercises at
the high school auditorium last night
Supt. Harney congratulated the class
and gave theiu high praise for the
splendid record they have made. He
urged them to continue their studies
in the high school next year and with-
out exception they signified their pur-
pone of doing bo.
The auditorium Was packed to the
limit with parents and friends of tlu
children the audience numbering
probably &t anil the program includ-
ed an address together with several
entertaining numbers by the class and
imioie by tiie high school orchestra
every number being enthusiastically
applauded.
Promptly at 8:15 Supt. Harney an-
mmmed the opening of the program
and the members of the class seat.'d
in the tront part of the house rosw
and sang their class song a pretty
selection entitled "Spring Blossoms."
A readii.g '"The Picnic of Fame" by
Thcima Hose followed and the young
reader made a decid'-d hit with tho
audience. Zella Stoddard followed
with ani tilt r selection. "Where Ignor-
ance is !ii:s" and sue aUo won hearty
applallae
The orchestra then played a march
and li" g"'ls ma relied to the stage and
phi; "Clow Soft Winds" in a very
pli-iif 'iig miMiner. Rosalia Crowley
lead "Mr. Bowser Anions the I'ress-m:iki-r"
which captivH'.ed the crowd
and (hen came another orchestra se-
lection followed by the address.
Diplomas -were awarded to the fol-
lowing: Mid Year Class
Jack Cheany
(iladys Conrad
Ida Chestnut
Jesse Carter
HoniH lul'.o!e
Marrla Dikcman
Marjorie Dwyor
lna Green
Ruth Gowdy
llarvev lluliti j
j. h. inn
Charley Holding
Grace 1 1. 1 1 sell
Mamie Jones
Krin Junes
Leonard I aytoii
Felix Lindt.ay
Klzora !'r'ne
Kobert P:iiii'e
Katie Riley
Lesnio Wood
Pupils From Room 12
Madge Arm irons '
Harry Austin
Ida Balk
Uosie flaik
Iris Bond
' Pauline Boucher
Robert Brooks
Teddy Crosby
Christie Cole
Hosana Crowley
Jetlie Driggers
Bryan Driskill
Howard Fngebretson
Grace Grantee-
Uussell Grlssotu
Hurry Hill
Nina Haines
Vide Holconib '
Nellie Hickman
Orpha Hickman
Joe LaBoon
Dewey Neal
. Charlie Miles
Cora Moore
Henry Sawyer
Harden Watkins
Lila White
Winnie Womaek
Henry Wootlea
Ahhie Wasserback
Pupils From Room
Krwin Anderson
Mercedes Baxter
Alice Heattie
Mary Burke
Claudia Blair .
KUa Cox
Tom Unify
Helen Fox
Boyd (lilkey
llattie (Irimsley
Joe Hunt
Verra Holconib
Sylvester Jacobs
La Veta Jones
Reginald Jones
Mary McDaniols
Willie McRae
Kdith Moseley
Rosanna Odoms
Hazel I'inkliam
Joy Ringer
Merlie Ricker
Thelma Rose
Mike gmilli
Frunela Stone
Zelia Stoddard
lone Teis
Kenneth Teis
Clarence Turner
Verne Tewkesherry
Madonna Wan Hand
rvioHtn Widney
Erin Mosley
JAPANESE
DON'T LIKE
THE REPLY
Telegram By Unites Press.
Tokio May 22. Tho Japanese gov-
ernment as well as Individuals is dis-
satisfied with the reply of the United
Stales to the Japanese protest against
the California land bill because the
Japs are given no leeway for arbitra
tion.
The American note denies that the
alien land act is a viuiutiou of the ex
isting treaty between Japan and the
United States.
The foreign otfice today cabled to
Ambassador Chinda instructing him to
place before the state department the
'nti-t preiation of the treaty as it is
construed by Japan.
CCENTRIC
WINBLER
SUCCUMBS
Telegram by United Tress.
New Orleans La. May 22.--Louis A.
Courdinn international swindler on a
gigantic scale died in Louden accord-
ing to a cablegram received here to-
day by his widow.
Cotmlian operated various trust and
lottery companies and was a marked
eccetitr'.c. Following- his conviction in
Slliuids bis law ) el' bee.uivd his libel ty
on technical grounds against Oour-
dian's wishes.
The promoter Insisted on serving
his teini and when forcibly ejected
from the Joliet penitentiary he built
a private prison in tho vicinity and
served out bis term behind real bars
guarded by his own hired jailer.
HIGHWAYMEN
GIVE BATTLE
Telegram by United Tress..
New York May 22. Four
Kalian highwaymen today en-
gaged with a bank messenger
and several policemen in a re
volver battle. They attempted
to rob the messenger of nine
thousand dollars. One robber
was shot down.
.
Czar flick Arrives
for Royal Weddinj
Telegram by tmned Press.
Berlin. May 22. Czar Nicholas XI
of Russia arrived here today to attend
the wedding of Princess Victoria
Louise and Prince Earnest of Cumber-
land. Elaborate arrangements were made
by secret service agents to protect
the monarch from any danger.
SUSTAIi
DECISION
OF BAILEY
Supreme Court Holds Sale of Sur.
plus of Intermarried Citizen
Allotment Valid; Previous
Contract Void
AFFECTS A NUMBER
OF PENDING CASES
Point First Decided in District Court
of Grady County Over Year
Ago Syllabus of the
Opinion by Rossiter
In an opinion handed down by the
state supreme court Tuesday the de-
cision of Judge Bailey in the district
court of Grady county is affirmed it.
an. Indian land case that Is similar to
numerous other suits that are pending
in the courts of eastern Oklahoma
counties.
The plaintiff was Newt Casey an
intermarried Indian citizen and the
defendants were John C. Lewis and 0.
L. Bingham. Judge Bailey decided
the ease In favor of t;io defendants
over a year ago and the plaintiff ap-
pealed to the high court.
It Is brought out in the facts that
Casey agreed to sell to Lewis his sur-
plus allotment and after he had filed
he executed a deed to Lewis and se-
cured a consideration for the sale of
the land. Later Lewis sold the land
to Bingham and then Casey brought
suit for the recovery of it claiming
that the deed to Lewis was void.
The court he'd that although the
contract for sale made prior to taking
the allotment was void and not en-
forceable the conveyance after the
land was allotted and consideration
was valid.
The opinion in the case was written
by Judge Rossiter. Barefoot & Car-
michael and C. M. Fechheimer repre-
sented the defendants in the case. The
syllabus of the opinion is as follows:
Syllabus
I. A contract by an intermarried
member of the Chickasaw tribe of In-
dians tj sell a portion of his surplus
allotment when he should have filed
the land made before be fib'd but
subsequent to th act of April 21
1901 which provided that "all the re-
s'riciieiis upon the aUc n a t i"ti of hands
of all allottees of either of the Five
Civilised Tribes ot Indians who arc
not of Indian blood except minors
are except as to homesteads hereby
removed" wai. not valid.
2. Where a member by intermar-
riage of the Chickasaw tribe of Indians
subsequent to the act of April 21 I!u4
but prior to filing on the land en-
tered into a contract to convey his
surplus w hen be should have filed and
received a portion of the considera-
tion and after he had filed executed
a warranty deed as stipulated in the
contract and received Hie appraised
value of the land the deed was valid
conveyed title to the grantee therein
notwithstanding the previous invalid
contract.
3. The provision of the act of April
21 Kl(4 thai "every deed execuled
before or for the making of which
a contract or agreement was entered
into before the removal of restrictions
be and the same is hereby declared
void was not not retroactive and did
not affect deeds executed prior to its
passage.
The provision of section 7 of the act
of May 27 11)0(5 "That any attempted
alienation or incumbrance by deed
mortgage contract to sell power of
attorney or other instrument or
method of encumbering real estate
made 'before or after the approval of
this act which affects the title of the
land allotted to the allottees of the
Five Civilized Tribes prior to the re-
moval of the restrictions therefrom
and also any lease of such restricted
land made In violation of law before
or after the approval of this act shall
be absolutely null and void" does not
affect a deed made after the restric-
tions were removed and the land filed
for an adequate consideration paid at
the time of its execution though the
grantor prior to filing on the land had
entered into a contract to convey io
the grantee.
! V-A w ; . - . 'Vr- v -1. r- - - ------
r--"
. --4 r J: inTlr I
(Copyright.)
ALFALFA
HARVEST
IS BEGUI
Within a few days it is estimated
more than 1!(W0 tons of alfalfa in
Grady county will have been cut baled
and stored in the mammoth barns that
dot the Washita valley the total rep-
resenting the first cutting of the VJi'Z
alfalfa crop the value of which is
placed at more than $30000.
From the same fields will be cut
several more crops this year and ac-
cording to alfalfa men the next crop
will be better than the first by a good
long margin. All this of course bar
ring unforeseen accidents and adverse t-t'
climatic conditions.
So far this year the alfalfa has not
been injured to any extent by dry
weather or insects and the first cut-
ting is reported to be slightly above
the average. The harvest of this crop
was commenced last week but was
stopped to some extent by the rain
and everywhere the mowers hayrakes
and bailers are working overtime to
get the first crops off the field.
If nothing to the contrary shows up
to stop the splendid growth the sec-
ond crop promises to be one of the
largest that has ever been seen in
Grady county.
PROBE 01
PEONAGE
Telegram Dy United Press.
Washington May 22. A senatorial
probe of alleged peonage among tho
miners in West Virginia will probably
be authorized by the senate Monday
and the investigating committee will
probably leave at once for the Paint
Creek and Cabin Creek sections to
take testimony according to a state-
ment today by Senator Kern author
of the resolution.
It is expected that the educational
and labor committee will favorably re-
port the measure late this afternoon
but action will be deferred until Mon-
day. THE MIKADO IS ILL.
Telegram by UnlteS Press.
Tokio May 22. The mikado is suf-
feing an attack of pneumonia and has
been ill several days but it was not
known that his illness was serious
until it was announced today.
MINCO COUPLE MARRIED.
Walter C. Jeschke and Miss Hattio
Rogers both of Minco were married
this morning in the county judge's of
fice by Justice W V. Clarke. The
ye.ung people left this afternoon for
Minco. where they will make their
future home
DOG DAYS
f irh 1ST"
LINER HITS
MINE IN
A HARBOR
Telegram by United Press.
Smyrna May 22. Five per-
sons were killed and several
seriously injured It was an-
nounced today wher the
French liner Senegal struck a
harbor mine on leaving port
and was beached immediately.
Company agents said the loss
was total The liner carried
over 200 persons. No one was
Injured except those near whore
the ship touched the mine.
The explosion tore a hole in
the bottom of the vessel and
wrecked the interior.
CLASS DAY
EXERCISES
OF SENIORS
Prophecy History Poem and Oth-
er Numbers Feature Interest-
ing Program Diplomas
Due Friday Evening
Another important event in the
launching of the 32 graduates of the
Chickasha high school on "life's tem-
pestuous sea" will be staged at the
high school auditorium this evening at
8:1.") o'clock when the senior class day
exercises arc held. Chosen represen-
tatives of the class will appear in the
parts assigned to them and the pro
gram promises to be an exceedingly
Interesting one. Tomorrow evening
will come the climax- when Rev. G.
Lyle Smith will deliver the annual ad-
dress to the class and tho diplomas
will be awarded. The 'program for
this evening is as follows:
Music High School Orchestra
Salutatory Russel Gray.
Piano Solo "Minuet" (Borowskl)
Regina Jones.
Class History AVyatt Marra.
Class Poem "Though Lost to Sight
to Memory Dear" Claudie Fay White.
Mixed Quartet ''Happy Days Gone
By" Marguerite Gorman Laura Julien
Ilerschel Porter Overton Burney.
Class Prophecy Van Butler Foster.
Class Will Minerva Whiitaker.
Violin Solo "Schubert's Serenade"
(Renieny) Arta Goff. .
Valedictory "Present Tendencies"
M.irschelle Power.
Music High School Orchestra
ROB HOUSE
IN BROAD
DAYLIGHT
Between 11 o'clock and 12:13 today
the home of Clark Rutherford 928
South Eighth street was entered by
some one at present unknown and
articles amounting to more than $100
were taken.
Mrs. Rutherford left the house about
11:30 and came to town to bring Mr.
Rutherford home to dinner. Their
daughter had gone horseback riding
and there was no one about the house.
When Mr. and Mrs. Rutherford arrived
at home shortly after 12 o'clock they
discovered that the house had been
robbed.
As far as it known at this time the
articles stolen are one gold watch
one diamond 'brooch and about $10 In
money. Nothing definite has been
learned as to the identity of the rob-
bers although the police and sheriff's
force are at -work on the case.
Two unknown men were arrested at
the Rock Island depot this afternoon
but a search of their clothing revealed
nothing to identify them aa the prob-
able burglars.
JUDGE IS
Telegram by United Pres
Fort Worth Texas May 22. Former
County Judge R. E. Bratton. who re-
signed recently following a grand jury
investigation of construction contract!!
was arrested today.
The arrest was on an Indictment
charging the accepting of a bribe of
threo hundred dollars from W. M. Rob
inson for acquitting him on a gambling
charge.
i
Setffn
mm m
111 h iiiiiktwU
for $30000 Blaze
Telegram by United Press.
London May 22. Militant suffra-
gettes today are blamed for a $::0mm
incendiary fire which destroyed the
plant of the improved Paving com-
pany. A man leaving the place was ar-
rested on evidence that he was a hire-
ling of tho suffragettes.
WEATHER FORECAST
For Oklahoma:
Tonight and Friday
fair
M. . A.
'I' Jr fr l
ARRESTED
PUT
TRROUGI
GRILLIi
Slate Witness Resumes Stand in
Trial of Woolen Mill Magnate
Introduce Testimony
to Corroborate
DEFENSE INTIMATES
EXTORTION WAS USED
Witness Makes Some Admissions
"I Don't Know" is His Answer
to Many Questions of
Lawyers
Telegram by United Press
Boston .May 22. With John J.
Breen confessed dynamiter still un-
dergoing a severe cross examination
when the trial of W'ra. Wood and his
associates accused of conspiracy to
plant dynamite was resumed today
the state was preparing to produce in-
dependent witnesses to. prove Breen's
and Collins' stories.
Although Breen has directly accused
Frederick Atteaux one of the defend-
ants his evidence will not be accepted
unless It is corroborated from Inde-
pendent sources. For this reason Dis-
trict Attorney Pelliter bad postal em-
ployes and telephone girls to corrobo-
rate portions of Breen's story and
make the testimony material.
The defense has intimated that
Breen tried to extort money from At-
teaux and on cross examination--Breen
admitted telling Atteaux that he ought
to help him out of trouble following
suits for false arrest.
Breen admitted telling Atteaux that
if the persons sueiug got judgment he
would be forced into bankruptcy.. Most
of hia answers were "I don't remem-
ber." Breen's s'ory of his activity on be-
half of both the strikers and mill own-
ers culminated in a declaration that
he had refused to accept $5000 from
Atteaux's attorney aDniol H. Coakley
the lawyer who was cross examining
him. Testimony previously introduced
was that eight persons who had been
arrested when dynamite was found in
buildings occupied by them at Law-
rence had later brought damage suits
against Breen who had "planted" tho
explosive.
Breen testified that he had gone to
Atteaux to get iS.OOO after his own
counsel had told him that all the suits
could be settled for $13000 He de
nied he knew the damage suits could
be settled at a lower figure when he
was endeavoring to induce Atteaux to
pay him $13000. Breen finally Baid
that he had refused an offer of $7om)
from Coakley himself because b
would not agree to the terms. A".ked
by Coakley what the terms were
Breen replied:
"You told me to put most of it. in
my pocket and settle with the poor
slobs as cheap as I could. 1 didn't
want that kind of money and rejected
the offer."
Breen and Atteaux had engaged him
to plant tho dynamite and had arrang-
ed with Ernest R. Piftman the An-
dover builder who committed suicidu
when the grand jury began investigat-
ing the alleged conspiracy to furnish
the explosive.
Mr. Woods' name was mentioned
only once and that was when Breen
said he asked Atteaux if the mill pres-
ident knew anything about the matte?
and Atteaux replied that ho did not.
Of the five persons who have fig-
ured prominently In the alleged con-
spiracy only two are on irial. Breen
was convicted last .May; Pittman took
his own life and Collins turned state's
evidence although in his testimony
he implicated neither Wood nor At-
teaux. His story of the part he played
in the affair related wholly to his as-
sociations with Breen Breen told in
detail Wednesday of his a;(uaintanc
with Atteaux and said that at the wit-
ness' suggestion that the strikers im
fouttht with their own weapons .At-
teaux had euRHsiml him to "plant" thi
dvnamite pavmg him $7 -tt hi ti tv
f si.uuueuts !) O.'tcu.eit ii 3 tin
4 ments on January and 10 when t
j. dynamite was hidden hw uunr in t
1 in. in (oir!o cm.; tl t. -
'Al raAv aiLut 1- f'.il:.!.
i
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Evans, George H. Chickasha Daily Express. (Chickasha, Okla.), Vol. FOURTEEN, No. 123, Ed. 1 Thursday, May 22, 1913, newspaper, May 22, 1913; Chickasha, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc732246/m1/1/: accessed April 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.