TheGuthrie
VuLUME 18.
THE KIOWA
CONTEST
No Decision Till
Next Week
ACCORDING TO A
WASHINGTON AUTHORITY
Result Thought to Hinge
Largely on Question of
Jurisdiction
A Washington dispatch declares
that tho contest over tho opening of
the Kiowa Comanche and Apache
reservation probably will not be set-
tled before next week. The argu-
ments of counsel were finished yes-
terday but Justlco Oradley announced
that he would not render hie decision
immediately as the case Involred
many important questions and he
wished to take It under advisement.
Officials of tho Intorlor department
Including Judge Thomas Ryan assist-
ant secretary and Judgo Vnndovonter
who conducted tho enso for tho gov
ernnK.it expect tho court to hold that
it has no jurisdiction nml that there-
fore the injunction will not bo granted.
Tho case of tho government rosts en-
tirely upon tho qaostlon of jurisdiction
and while Justlco Bradley did not
give expression to anything that could
be taken an an Indication of what his
decision 'would bo lawyors In tho court
room Interpreted somo of tho ques-
tions ho nBkod Judgo Springer Lono
Wolf's counsol as showing a decided
leaning towards tho contention of the
government. At adjournment how-
over Judgo Sprlngor seemed conn-
cent the Injunction would bo grantod.
Lone Wolf and Whko Buffalo woro
In court again yostorday. Thoy hard-
fy glanced from Judgo Springer while
he was spooking and soomed especi-
ally edified when ho spoke In his
loudest tones which at tlmos reached
the intensity of a roar. When Judge
Vandeventer who has a quioL digni-
fied manner of spoaking addressed
the court White Buffalo lost interest
and Lone A Volt fell asleep.
Judgo Vandeventer corapldted his
nrgument at the morning session with
the citation of two additional decis-
ions of the United Statos suprome
court supporting his argumont that In
dealing with Indian tribes tho domi-
nant Influence was tho legislative
branch of the government. Judgo
Sprlngor then addressed the court for
an hour. He Insisted that tho court
liad jurisdiction and declared that a
decision that congress alono "cad pow-
er to act for tho Indians -would estab-
lish a dangerous precedent. If tho
courts wero powerless to prevent the
government from disposing of Indian
lands to the Injury of tho Indians
then ho asserted tho Indians had no
rights the government was bound to
rospoct.
"Refuse this Injunction" he cried
"and Lone Wolf who is a Baptist
preacher must return to his people
and tell them that their land are to
1)0 takon from thorn that the Lord
giveth and the Lord talteth away."
"I thought you salu you could not
speak English" interposed Judgo
Vandeventer.
"Oh he knows a text or two nil
right enough" said tho Judge.
Judge Springer was asked by the
court to explain the status of Lono
Wolf In his trlbo and explain why tho
application for Injunction had been
made In his name. Tho Judgo replied
that Lone Wolf had been elootod chief
and that his position as proporty own-
er should kIvo him standing. To avoid
any technical objections to tho appll-
cation he amended It so as to Include
in addition to Lono Wolf all of tho
458 Indians who signed tho memorial
which will bo proaouted to the Presi-
dent asking that ho withhold his proc-
lamation opening tho reservation.
Justlco Bradley Is expected to an-
nounce hJb decision early next week.
EIGHT PAQE8.
FIVE NEGROES
TO BE HANGED
Will Swing Off Together
For Killing Two
Whites
Bcrlpps-MoRno Press Ass'n.
Sylvanla Ga June 14-Flve ne-
groes are to b hanged simultaneously
here today. Thsy belonged to the
Knights of the Archer whose motto
was: "Death to the whites." The
quintette killed two white In Octo-
ber 1800.
THE CUBAN 8ITUATION.
Scrlpps-McRao Prase Ass'n.
Washington D. C June 14.
October 1st Iiqb been set by the cabi-
net as the date on whloli Cuba mny be
left to work out Its own destiny un-
aided. Many bellevo this 1b too early
before the American troop can be
withdrawn. The constitutional con-
vention must adopt nn eloctlon law
officers must be chosen and actual
government must be In smooth opera-
tion. TODAY'S MARKETS.
Wheat Opens Lower on Disappointing
Cables.
Special to Dally Lender.
Kansas City Mo. Juno 14. Wheat
oponod a trifle lower on tho disap-
pointing cnblos and favorablo weather
but tho woakness at tho start was
soon replaced with bettor buying and1!
a show of strength. Tho buying was
Induced chiefly by numorous crop
damago nows which continue to como
from different sections but tho trade
gonorally Is skoptical of thoso roports
especially as nono of them woro pos-
slblo of confirmation and tho senti-
ment quickly turned "bearish" result-
ing In nearly a cent doallno at tho
close. The woather In tho Southwost
Is ideal and harvesting Is now pro-
grossing satisfactorily. July sold be-
tween 71 and 70W and closed at 70
370Vi. September closed at G8
08.
Corn Corn opened steady at about
yesterday's closo with outsiders buy-
lug and pit traders selling at the start
with only indifferont Bticcess on the
part of the local crowd. Shrots began
covering and a recovery of i cent
took plnce. Receipts- aro small and
an improvement is noted In the de
mand. July sold botween 41 and
12 and closed at 42 043. Sep-
tember sold between "43 and 42
and closed at 13.
Provisions started strong from tho
start In tho faco of Bovoral days' low-
er hog market. Packing Interosts
gavo tho market fairly good support
commission houses sold to cover hold-
ings. July pork was nominally ?14.7G
and closed at $14.72. September sold
between $14.92 and $14.87 antl closed
at tho lattor.
Kansas City Cash Grain.
Wheat No. 2 red 0870c; No. 3
red G73G8c; No. 2 hard 07C8c;
No. 3 hard GGV&8G7c.
Corn No. 2 whlto 41V443c; No.
3 white 41414c; No. 2 mixed 40
400' No. 3 mixed 40c.
Oats No. 2 whlto 2030e; No.
3 whlto. 2020o; No. 2 mixed 28
20c; No. 3 mixed. 2828o.
Receipts.
Wheat 80; corn 0; oats 3.
Secretary's Office.
A charter was Issued today to the
First M. E. church of Arlington Okla.
The Incorporators aro Henry Earla-
baugh Ella Wilson George Doling
W.P. Anthony Geo. F. Graham.
District Court Tomorrow.
Judge Durford will hold a ono day
Besslon of the Logan county district
court tomorrow. No speolal business
Is bofore the court and It Is oponod
merely as an omorgoncy matter.
A NIHILIST FOILED.
Scrlpps-McRae Press Ass'n.
St Petersburg Juno 14. A nihilist
today attompted to assassinate with
a dagger Dr. Mallnowskl who Is con
nected with the department of the In-
terior. The official escaped serious
Injury. The assailant was arrested.
GUTHRIJti OKLAHOMA FRIDAY. JUNE 11. 1901
ARGUMENTS ARE
Lulu Kennedy's Case rProb'
ably Goes to the Jury
Tonight
Scrlpps-McRae Prtss Ass'n.
Kansas City Mo June 11. ArgH
menu in the Lulu Kennedy murder
trial are being hearu today. The case
will probably go to the jury tonight.
Defense asked acquittal on account of
insanity state asks instructions
flrst( second degree murder man-
slaughter fourth degree. Defendant
looked tired and pale today.
WORK HAS COMMENCED.
Fort
Smjtn and
Eastern
Western
Terminal.
Building
Construction work has commenced
on me Fori. Smith and Western. For
over a year the announcement haB
been looked forward to by the people
of Fort Smith some with doubt somo
with cnnlldence some with uncer-
tainty. But the time has at last oomo
and dirt has been turned at Panama
I where the eastern end of the work Is
to be started under the latest contract.
Jack O'Lenry's equlment has gotton
Into the field there and the load will
be pushed to the coal lands of the com-
pany as rapidly as posslblo.
Chlof Englnoor Tiornan's crow is
in tho city platting tho grounds of tho
switch from tho Kansas City Southern
tracks and for tho round house dopot
on Towson avonue and yards. This
work will bo completed probably to-
morrow. Tho switch track will thon
bo built In ordor that tho cars of tho
now company can be stored thereon
after their nrrlval. In nbout two waokfl.
Tho work of tho city's committee Is
practically complctod and tho termi-
nals will lfe turned ovor to tho com-
pany as soon as It Is ready to start
construction work in this city. Fort
Smith Nows-Rocord.
Narrow Escape.
Freeman tho Janitor at the depot
had a narrow oscapo from being run
ovor by tho Eastern Oklahoma train
this morning. Ho was out gathering
up the switch lights using a trad;
voloclpodo for carrying them. While
In the north ond of the yards on tho
mnln line he met the train. Tho en-
gine struck the vehicle breaking it in
pieces. He had just time to Jump and
save his life.
The Rev. Theodore Dracken of
Phllllpiburg Kns. spent yesterday In
our city. He has charge of Sunday
school work for tho Presbyterian
church In Indian territory Oklahoma
and Kansns. Dr. Bracken has Just re-
turned from tho now country whore
he has boon to look ovor tho ground
with a vlow to organizing tho work
whon tho country Is oponod. Ho saya
thoro aro thousands of people around
tho bordor of tho now country nmraly
existing In tonts and wagon; many
larg families living in tents without
any convenience whatever. Dr.
Dracker waB the guest of the Rev.
W. O. Miles while In the city.
ASplendid Recital.
The colored band Is making splen-
did progress. Last night it gave a re-
cital at the Legislative hall which
was attended by a large orowd. Wit
Votaw one of the beat usldans In
Oklahoma has cli w ( it and is
making it a success.
SQUARING HIS CONSCIENCE.
Scrlpps-McRao Press Ass'n.
New York Juno 14. The wife of
Henry Flagler whom he has sued for
divorce Is conflnod In tho Insane asy-
lum at White Plains where hor every
wish Is gratified and she probably
lives more luxuriously than any other
maniac in the world. Her personal
oxponses are a thousand dollars a
month. Flagler owns half the rail
roads and hotels in Florida.
PINGREE ILL.
Scrlpps-McRao Press Ass'n.
London June 14. Kx-Gorernp
Plngree Is seriously 111 In London
with peritonitis.
Daily Leader.
JOHN GOLOBIE'S
LIBRARY BRIEF
An Unanswerable Showing
in
the Opinion of
Attorneys
It Is the opinion of well Informed
attorneys who hare examined the
brtsf Sled by Mr. John Colonic bear-
ing upon the Illegality o a United
States officer to hold two offices at
tkf same time la an unanswerable
showing ami that the appointment of
the clerk ot the supreme court as ter-
ritorial librarian alto If such a step
has been contemplated would be In
direct violation of the organic act and
tha laws of the United States. Mr.
Qoloble's brief In full Is here submit-
ted: "The supreme court of aald territory
hall appoint 'U own clerk who shall
hold his offlco si the pleasure or the
court for which he Is appointed." (Or-
ganic act section 8.)
The position Is both an "appoint-
ment" and an "office" by the express
term of the act.
The ntfttutea of the United Stat"
touching the appointment of clerku of
the United states supreme circuit and
district com is re practically the same
an the Hbor piuWaiutt of the organic
act. (It. 8 . V. 8. sections 877 619 and
KB.)
It Is expressly letormlned by the su-
preme court of the United States that
the clerkship of the United States dis-
trict court Is an office and the clerk
nn officer. (Ex parte Iltnnen 18 Pet.
M0.)  t
That the clerk of the supreme court
of Oklahoma holds an "appointment
under the United States." can not be
disputed ovon If such portion Is not an
"office" within the mo:t restricted
moaning of the term.
The of flee of territorial librarian Is
expressly created the term of office
fixed and manner of qualification pro-
scribed by the laws of Oklahoma Ter-
ritory. It Is an "office under the gov-
ernment of said territory." (Chapter
70 Stnt. Ok. 1898.)
Upon tho theory that the territorial
librarian is an "officer" under the gov.
eminent ot tho territory tho governor
exercises the power of his appointment
under sections 7 and 3 of the organic
act to the exclusion of the board of
directors created by section 899 stat-
utes of 1898.
Ono person may not hold the por-
tions of clerk of the supreme court of
the territory and territorial librarian
at tho same time.
" (Chap xxx.) And no person holding
a commission or appointment under the
United States except postmasters shall
ue h member of the legislative assem-
bly or shall hold any office under the
government of said territory." (Or-
ganic act. Sec. 8.)
Under a constitutional provision sim-
ilar to th above In Indiana it as
held:
"The general rule is that where a
man accepts an office held under the
state he vacates another held under
the same sovereignty: but where a fed
eral etflre is held at the time of the ac-
ceptance of an office created by state
laws the former is not vacated by such
acceptance. The federal office may be
surrendered and the state office re-
tained but if the Incumbent elects to
hold tho former he must surrender the
latter." (Foltz v. Karlln. 106 Ind Ml.)
To like effect see the following:
Searcy v. Grow. It Cal 117; Crawford
v. Dunbar B2 Col.. 36: People v. Leon-
ard 73 Cnl. 380; McGregor v. Raich. 14
V. 4s 8. C. 30 Am. Deo. 381; Prlvett v
Tllckford 30 Kan.. K.
Tho California cases decide that one
holding o federal office can not even
be elected to a state oiflce during his
Incumbency of the former.
In Kentucky it la held that one elect-
ed Justice of the peace could not qualify
as such as long as he continued In the
office of postmaster. (Justices v. Har-
court'4 II. Mon. (Ky.) 499)
Following the masoning of the courts
In the above cited cases .and spplylng
It te the provision first above cited of
our organic act. it would appear that so
long as the clerk of the supreme court
continues in that capacity ha Is not
eligible even to appointment as terri-
torial librarian. If he would be librar-
ian he must first resign his clerkship:
hs can not qualify as librarian so long
as he continues as clerk otherwise he
would hold two offices at once and the
same time In contravention of the ex-
press terms of the organic act.
"Right to hold office not a natural
risht." (Meachetn rub Officers gee.
64.) Cv
K i V
Garden Party.
Tho chorus of the First Christian
church will give a garden party next
Tuesday night at "Arbor Dell' the
pretty home of Mr. and Mrs. Joe
Sevorns 721 West Mansur.
Elaborate preparations are being
made and the usual good time en-
Joyed at this home is anticipated. A
eood nroerai'iima will It a tmatui- nf
rtle evening's entertainment.
EIGHT PAQE8.
COUNTY SEATS
ARE LOCATED
Official Announcement Is
Made; Indemnity School
Land Selected
School Land Commissioner nhsa.
IL Flkwn with Commissioner-elect J.
J. Houston and Chief Clerk John Holt
neWrftod last night from the Kiowa
Comanche Wichita and Apache reser-
vations where they (selected 1J0.000
acm of Indemnity school laud for the
territory.
The official announcement was
made last night of the location of the
county seats In the three new conn-
tlea to be formed from the reserva-
tion. This Is the first official notice
of Uie townslte locations.
The county seat In the Kiowa or
western oounty Is located on the east
half section 4 township 18 west 0
north.
The county seat In the Fort Sill or
southern county is located on the
north hnlf section 13. township 2
north 11 west; five miles south of
the present site of Fort Sill.
The county seat In lh Anndarko or
northern cointy. Is located on tho
south half section 15 township 7
north 10 west; It adjoins the present
town of Anndurko on the south and
west the Rock iHland rnllrond run-
ning through Its cantor.
EVILS OF DRINK HABIT.
Told Normal Graduates at Edmond by
Mrs. Jenkins.
A feature ot tho graduating oxer-
else at the Edmond Normal school
was nn Informal talk by Mrs. Jenkins
wife of the governor. After a few
remarks about not being nblo to mnko
an oddross and about her oanilng n
reputation as a woman prenchor she
began n serious talk about her visit
to Chandlor Tuesday night Mrs.
Jenkins said she went to Chnndler at
the urgent appeal of an Illinois wo-
mnn whoso son was in Chandler and
traveling toward n drunknrd's gravo.
The young man was urged to attend
the meeting at Chandler but as he had
been drinking would not go Into the!
church but stood out side near an
open window. Mrs. Jenkins said she
saw him and seemingly Inspired.)
talked to the young man. The next
day he came to see her and kpelt I
prayer The governor's wife related
the story at length and then dlt
upon the evil of the drink habit. Tills
part of her address was made In the
language of a revivalist. After the
exercises Mrs. Jenkins was Introduced
to many people by 1'resldont Mir
(laugh.
SPECIMENS OF ORE.
Wichita Mountains Product Is Excit-
ing Much Interest.
Bert Ray of this city has JitHt re-
turned from a trip through the Wichi-
ta mountains. He says that many
people are prospecting as fRr as pos-
sible at this time and that bj the lime
the country opens up. the miners -will
well know where the most valuable
lijmm 1115 mining nanus are.
Mr. Ray brought bark a number of
specimens ot ore with him which
have excited much curiosity here.
People who have not thought before
of going to the mountains to prospect
are thinking of doing so as soon as tho
country opens up.
Xity Co
Ity Council Meetinn.
he city solons held their reg.ilar
meeting Inst night and talked fa-
tbree hours on city Improvement ordi
nances. It was ordered that the chair 
man of the streets and alleys and the:.
e city Improvement commltteel
Should constitute a committee to c
lect a city englneor. 1
The ordinance providing for per-j
lanent side walks throughout the cltvf.
as called up read the third time ana
efrred for one week.
The street and alley and the public
Improvement committers were In
trucled to look Into Mr. Cooper's of-
fr rela'Jcg to the construction of1
ibuttments for certain bridges.
NUMBER J I
HERCE
FLAMES
Destroy Hotel at
West Baden
QUESTS EXPERIENCE
NARROW ESCAPES
Many Invalids Rescued'
Loss Will Reach Half
iScrlppsMcRae Press Ass'n.
west Daden Intl. June 14 Tho
magnificent Mlnorsl Springs hotel
burned this morning. The hotel con-
talned five hundred rooms. It wna
entirely destroyed and the loss will
reach half a million dollars. The
guests had narrow escapes and lost
their personal belongings. Many
Raved themselvoe by Jumping to tbt
bnlconlos In thoir night clothes. Thoro
were many Invalids who woro rescued.
The flro was causod by an overheated
range nnd thoro was no flro protec-
tion. Tho ownors recontly refused a
million dollars for the hotel springs
and grounds.
TRAIN CARRIED DEATH-
Carrlage Struck by Train and Four
Occupants Killed.
Scrlpps-MoRne Pross Asa'n.
Flint Mich. June II. The Pora
Marquetto pnssenger train this morn-
ing struck the cnrrlngo containing
Major Geo. Rucklnghum his daughter
Anna. Mrs. Thos. Applognte nnd hot-
sister Mrs. General Humphrey and
all four were Instantly killed.
GOVERNOR JENKINS SILENT.
Refuses to Speak of Prospective Ap-
Governor Jf-nkins returned uftey-
poctedly today f om Alva as he waff
not looked for until tomorrow. Kc ra-
fusod to state at what time he would
make his appointments and refered
the Leader reporter to Private Secre-
tary Wenner who said that no nnnalnt-
ments for tiny of the Important offluoa
had-jus-yet-baaa jloelaredr -However
the following from tho Oklahoma City
Times-Journal of yostorday may be re-
garded as conclusive:
"S. K. Drown was notified last
ovonlng by Governor Jenkins that ho
had bean appointed torrltorlai oil in-
spector. "The four years' Urm of the present
Incumbent will expire on June 20 at
which time he asks to be relieved.
The offlrj will change hands on
July 1."
INSURGENTS SURREN-
DER RIFLES.
Scrlpps-McRae Press Ass'n.
Manila June 14 General Callles
has advised Geneiul Sumner that he
will surrender one hundred rl(lc to-
morrow at Santa Crus and the hslnnra
In a few dayx The killing of threo
American officers In the recent battle
of Llpa Is ascribed to a number of
Ameiknn dene trn In the Insurgent
ranks.
atoutsvllle. Mo. May 5. 1900.
Geutlemen I hare been troubled
with Indigestion and Constipation for
the last two years and have trlod ev-
fy remedy known but had never re-
ceived any relief until I was banded
a trial bottle of Dr. Caldwel's Syrup
Pepln through 01. r druggist T V
Watson whl-h guw me Immediate re-
lief and I afterwii bought a fifty
ceut bottl. whlh I can truthfully
say has glvwa we more relief than any.
thing I have ever tried. -R. D. Burd.
Sold by F. B. Llllle & Co.
I