Vinita Daily Chieftain. (Vinita, Okla.), Vol. 12, No. 72, Ed. 1 Wednesday, July 13, 1910 Page: 1 of 4
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TTh A TTT :V yTTPT1I IWm A
VOL XII. NO. 72.
VINITA OKLAHOMA WEDNESDAY JULY 13. 1910
FIVE CENTS PER COPY
" GAPiTOL TO WAIT
com
DEGIS Of
Governor Will Not Appoint the Com-
missioners Yet But the Slate is
Believed to Be Fixed.
Oklahoma City Okla. July 13. Gov-
ernor C. N. Haskell will not appoint
the capital commission until a decision
has been rendered upon the legality
of the capital removal Issue by the su-
preme court. This was the Informa-
tion received from the chief executive
late Monday evening.
He gives his reason for not appoint-
ing the commission that should the
court decide the capital election was
legal and he had already appointed the
commission then the commission
would receive no pay or If It was en-
joined It would be receiving salaries
and doing no work.
Just the minute the court decides
and it Is clear that the election was
legal Governor Haskell will officially
announce the commission and It will
start to work Immediately.
It Is said that within thirty days
after the commission Is appointed
work will begin selling lots and mak-
ing permanent arrangements for lo-
cating the state house.
The following men have been un-
officially announced as members of the
capital commission Tate Brady of
Tulsa chairman; J. B. A. Robertson
of Chandler and Leo Bennett of Mus-
kogee. Mr. Bennett will be the re-
' publican member.
There Is some question in Governor
Haskell's mind as to whether the1 su-
preme court will pass favorably upon
the writ of prohibition that Is now be-
fore it. Should the writ be denied the
case will go back to Judge Huston's
court and be tried upon its merits.
Parties interested in the decision of
the case say that should the supreme
court hand down a decision in favor
of Governor Haskell that Guthrie citi-
zens will appeal the case to the su-
preme court of the United States.
However this Is not likely as the dis-
trict federal court has passed upon
one question of the proposition al-
J ready.
Tuesday is the first day's session of
the supreme court and It is believed
that a decision will be handed down
by Thursday. Judge B. F. Burwell
and Attorney General Charles West
are the attorneys for the governor and
other Btate officials. Both are giving
the matter their entire attention and
pressing upon the court the Importance
mm
M1LF0RD - BERGER SHOE COMPANY.
Down go prices on Summer Skoes .
1 $3.50 for 4 and $5 Men's Oxfords
$2.50 for Big Lot Women Oxfords worth tip to $4
$1.25 for Lot Women's Staple Oxfords
$1.25 for Children's 1.S0 and $2 Slippers
90c for Women's Canvas Oxfords 1.50 and $2 grade
95c for Lot Children's Slippers worth double
$5 00 for Mens $6 and $7 Panama Hats
Raines Gr Coucb
Cab Line
Headquart.rs at the Gem Res-
taurant. Calls answered at all
hours. Promptly day or night.
PHONE 284.
Saving
This bank probably has more savings deposi-
tors than all other banks in the city combined.
We have always paid special attention to thisjpar-
ticular feature of banking which accounts for our
success. It might surprise you to know how many
children carry accounts with us.
Has Your Child An Account?
INTERNATIONAL BANK & TRUST CO.
-------------- CAPITAL $100000.00
of rendering an early decision.
As the case now stands the wheels
of state are delayed. The governor
secretary of state bank examiner and
other state officials who are in Okla-
homa City Intended to move to the
high school building the first of this
week but because of the board of af-
fairs which attends to the furnishing
of quarters for all state officails be-
ing enjoined they are forced to re-
main at their temporary quarters in
the Lee-Hucklns hotel.
Business is being transacted at both
ends of the line. ' Charters are receiv-
ed by Secretary of State Bill Cross in
Oklahoma City and then forwarded to
Guthrie and vice versa. Governor
Haskell has all his public records in
Oklahoma City and with the excep-
tion of two men has his entire office
force in Oklahoma City.
All the state officails who have not
been enjoined are moving to Okla-
homa City as fast as quarters can be
had. . Bank Commissioner C. B. Cock-
reK was In Oklahoma City Monday
and will move here the latter part of
the week.
CARS FROM MS TO
JOPLIN BY NOVEMBER
Joplin Mo. July 13. Cars will be
running between Joplin and Miami
Okla. over the proposed Franklin
Smith gasoline-motor car line by No-
vember 1 according to an enthusiastic
statement made today. A contract for
the work has just been let to the
Clarke Marshall Construction com-
pany.
Work on the line will begin at Hat-
tonville and will proceed toward Jop-
lin. Mr. Smith already has a line In
operation between Miami and Hatton-
ville. At the same time work Is be-
gun at Hattonville a line will be start-
ed west toward Bartiesville. The im-
mediate terminal of this road will be
at Welch Okla. where the new line
wid tap the Katy railroad for supplies.
Later the line will be constructed
through to Bartiesville
The city council of Joplin granted
a franchise to Mr. Smith last October.
He has now secured right of way and
expects to have the road completed
within the time limit of the fran
chise. . -
Tonight Crawford's Comedians pre
sent the New York success "The Girl
and the Outlaw." A story of the hills
of old Kentueky in the days when the
rifle bullet was law. The play is a
comedy drama and one that will please
all classes.
Deposits
i
Judge Cotteral Dismisses
Grandfather Injunction
Guthrie Okla. July 13. For want
of jurisdiction United States Judge
John H. Cotteral today dismissed the
petition for an injunction against hold-
ing the election on the "grandfather
clause" August 2.
Guthrie Okla. July 13. Arguments
in the legal fight instituted in the
name of an ex-slave through the repub-
lican state committee of Oklahoma In
the federal court of the western dis
trict of Oklahoma to enjoin the plac
ing of the proposed "grandfather"
amendment to the constitution upon
the ballots of the primary election
August 2 were oegun before Federal
Judge John H. Cotteral here yester-
day. The hearing today came up on the
question of granting a temporary in
junction restraining the state election
board secretary of state and state
board of public affairs from taking
any action in placing the proposed
amendment upon the ballot at the pri-
mary or any other election A re-
straining order had previously been is-
sued. Attorneys for the defendants filed a
demurrer to the petition of the appli-
cants for the injunction on these con-
tentions: That the court Is without jurisdic-
tion that the plaintiff has an adequate
remedy at law .that the plaintiff can
not ask equity relief and that the pe-
tition upon its face shows the plain-
tiff is not entitled to relief.
W. A. Ledbetter of Oklahoma City
one of the attorneys for the defend-
ants opening the arguments took the
position that the people of the state
are now in the act of legislating by
taking the steps precedent to the sub
mission of the "grandfather" amend
ment and that the Judicial department
is without power to invade the legis
lative department while the act is in
process of making although it might
be shown conclusively that the pro-
posed act is unconstitutional and void.
"Suppose the defendants should re- '
fuse to obey the injunction if one were '
granted" asked Ledbetter "then some
one might go into the state courts and
REGISTRATION BOOKS
GL0SE0N JULY 30
Guthrie July 13. Registration
books will open in cities of the first
class until 9 o'clock on the evening of
the last Saturday In July. This Is the
law as quoted in the instructions pro-
mulgated to precinct officials by the
state election board and repeated in a
letter addressed by Attorney General
West today to County Attorney W.
Wilder of Alfalfa county. The regis-
tration books are to be opened July 1
and kept open until the last Saturday
night in July.
In an opinion to Will Haily Bluff
Oklahoma the attorney general holds
that Section 1 Article 3 of the con-
stitution restored to citizenship so far
as the right to vote is concerned all
persons who were convicted of fel-
onies prior to statehood.
Vote For Geo. D. Key.
Democrats vote for Geo. D. Key
democratic candidate for attorney gen-
eral at the primaries August 2 for the
following reasons: He is an able law-
yer and good democrat; he is young
capable and energetic with a reputa-
tion to establish and a public career
'to work out; hence will labor hard for
the best interests of his party and his
state and the good will of all the peo-
ple; he has never held office is free
from all factional entanglements and
will therefore have the good will and
friendly co-operation of all the leaders
and state officials; he has the ability
and courage to enforce all the laws
without fear or favor of any man or
interest.
He can hamonize his party and lead
It to victory. He has worked for dem-
ocrats and democracy all his life and
acknowledges no other political school.
He has practiced law for twelve years
and knows the business. He is a suc-
cessful man of affairs and possesses
the highest personal character and
professional qualifications. A thou-
sand reasons could "be advanced why
he should be nominated and not a 1
single one why he should not. Vote
for h;m. Political Adv.
CIRCULAR LETTER NO. 5.
Overdrafts.
Section 30 Article 1 of the banking
and trust company laws of the State
of Oklahoma provides as follows:
"Any bank officer or employee who
shall pay out of the funds of any bank
secure a writ of mandamus to compel
them to act under the provisions of
the state law. This would bring about
a direct clash between the authority
of the state and federal courts." '
Judge J. H. Burford representing
the plaintiff who Is applying for the
injunction declared that the plaintiff
is cot seeking in this case to enjoin
an election or any legislative body nor
to Interfere with any legislative officer
in the performance of his duty. Judge
Burford stated that the only purpose
is to restrain state officers from the
performance of duties purely minister-
ial nor requiring discretionary power
ana' to enjoin them from doing some-
thing which would be in violation of
the constitution of the United States.
John Devereaux another attorney
for the plaintiff declared that the
grandfather clause amendment while
it does not say in plain language that
negroes who cannot read and write
some section of the Oklahoma consti-
tution cannot 'ote it has the effect
of barring only such persons and by
indirection ' seeks to do what the
fifteenth amendment to the federal
constitution expressly prohibits. He
also pointed out that congress placed
in the Oklahoma enabling act that the
state should never abridge the right of
suffrage by reason of race color or pre-
vious condition of servitude. The
state put this in its constitution and
adopted it by ordinance irrevocable
wltH the other terms of the enabling
act and that the state is now power-
less to amend its constitution so as to
restrict negro suffrage.
A formidable army of legal talent
has been employed on both sides of
the case. J. H. Burford John Dever-
eaux and W. H. Chappeil all of Guth-
rie represent the plaintiff and Attor-
ney General Charles J. West S. C.
Matson and Charles F. Moore assist-
ants to the attorney general; A. C.
Cruce of Ardmore W. A. Ledbetter
and Frod P. Branson of Oklahoma City
and John Leahy of Pawhuska repre-
sent the defendants. 1 .
Court adjourned until 9 o'clock this
morning when arguments will be con-
cluded.
1ITE 111 REFUSED TO
LEAVE JEM GROW
Muskogee Okla. July 13. The first
instance known in Oklahoma where a
white man was fined for violating the
Jim Crow law occurred here Tuesday.
C. W. Rowe going from St. Louis to
Texas persisted in going into the ne-
gro section of the Katy fast mail train
and disregarding the orders of the con-
ductor to remain in the white's coach.
When the train reached Muskogee
a complaint was made against the man
and he was taken off the train and ar-
raigned before a court tried convicted
and fined ?10. .
upon the check order or draft of any
individual firm corporation or as-
sociation which has not on deposit
with such bank a sum equal to such
check order or draft shall be per-
sonally liable to such bank for the
amount so paid and such liabilities
shall be covered by his official bond."
The foregoing section refers to and
makes provision for the correction of
one of the most vexed questions with
which banks are daily confronted. The
department is compelled to write more
letters criticizing this practice than
any other half dozen delinquencies of
hanks which are subject to criticism.
A large line of overdrafts is prima
facie' evidence of reckless and incom-
petent management. It therefore be-
comes the commissioner's duty to en-
force the provisions of Section 7 Ar-
ticle 1 which reads bb follows:'
. "Any officer of a bank found by the
bank commissioner to be dishonest
reckless or incompetent shall be re-
moved from office by the board of di-
rectors of the bank of which he Is an
officer on the written order of the
bank commissioner"
No man's account is of sufficient
value to a bank to justify it In paying
his checks indiscriminately out of
funds belonging to other depositors
and its stockholders.
Officers of Oklahoma state banks
who habitually permit overdrafts to
exceed five per cent of the capital of
the bank will be asked to resigp on
account of recklessness and iu'iora-
petency. Respectfully
E. B. COCKRELL
Bank Commissioner.
Mr.' and Mrs. Walter Van Cleve of
Indians arc visiting relatives here.
SW FOB POSTAL
IS SELECTED
Washington July 13. The first
distinctive stamp for the postal sav
ings bank system has been approved
by Postmaster General Hitchcock. It
is a very unpretentious looking em-
blem resembling the ordinary two-
cent stamps except that It has no por
trait upon it and will be used ex-
clusively on official mall conducting
the postal savings system.
The first order of a half million of
these stamps has been given. A
money value of two cents each is
placed upon the stamps in order that
an account may be kept of the ex
pense attending the administration of
the postal savings bank. Until the
system Is Installed the stamps will
be used exclusively on the official
mail of the board of trustees.
FRIGHTENS
PEOPLE OF BAVARIA
Munich Baravia July 13. A sharp1
earthquke was felt here at 9:45 o'clock '
this morning. The walla of several 1
buildings were cracked. The wave-i
like movement continued for three sec
onds thoroughly terrifying the people
who fled from their homes and remain-
ed in the street long after the distur-
bance subsided. The shock was also
felt In the surrounding villages in
cluding Carmlsch. A report from
Oberammergan says that the shock
was noticeable there but very little
damage done.
SECRETARY ROACH FILES
RETURN TO COURT'S WRIT
By Associated Press. .
Jefferson City Mo. July 13. Attor-
ney General Major for Secretary of
State Roach' filed today a return in the
supreme court to the court's writ of
mandamus Issued at the Instance of
J. W Halliburton to compel Roach
to file the petitions submitted for re-
districting the state into senatorial
districts. '. The return gives fifteen
reasons why the proposed constitu-
tional amendment; is unconstitutional.
The arguments which the attorney for
the republican state committee will
take part will begin Tuesday.
Get the Best at Lowest Prices
Red Star Flour the best Hard Wheat at $1.45 per sack
$2.85 per Cwt.
Supreme best Soft Wheat $1.50 per sack.
Bride good Hard Wheat $1.35 ; per sack $2.65 per Cwt.
PURE FOOD GROCERY
L. P. GARRISON Prop.
ill!
Semi-Annual Clearance
of
Hart Shaffner and Mai
Fine clothes will com-
mence on
Wait for
THE CLOTHIERS
ROOSEVELT FOR
BEST REPUBLICAI
The Retired Teddy Ajjaln Breaks Into
Publicity With a Political
Interview.
By -Associated Press.
Oyster Bay July 13. Roosevelt
gave the first indication of his posi-
tion regarding the nomination of a re-
publican candidate for governor of
New York this fall when he said this
morning: "My position in regard to
the governorship this fall is this: I
want to find the best man for the of-
fice. The man who Is most acceptable
to the rank and file of the republican
party and independent voters. I In-
tend to do everything in my power to
see that such a man is elected."
Colonel Roosevelt and Governor
Hughes spent last evening at Saga-
more Hill in conference on New York
state politics. They talked in secret
and no word of the result was allowed
to become known beyond the fact that
the entire political situation of this
state was taken up. Roosevelt said
previously that the defeat of the direct
nominations bill by the republican
state organization would be one of the
main topics of discussion. Whether
the proposition of the republican can-
didate for governor came up is not
known.
7 Colonel Roosevelt will have more
politicians at Sagamore Hill today
perhaps the most conspicuous of whom
will be Timothy L. Woodruff chair-
man of the republican state committee.
Governor Hughes received an en-
thusiastic welcome from Roosevelt.
Roosevelt after a hard day In New
York motored home reaching Saga-
more Hill only a short time before
the governor. After dinner the gov-
ernor and colonel withdrew to he lat-
ter's library where they talked until
far into the night. The colonel sent
out word that neither he nor the gov-
ernor would be interviewed.
Roosevelt made clear that he will
fight for the direct nomination bill
and James Wadsworth speaker of the
state assembly said with frankness
when he called on Roosevelt that the
New York bill was the one thing which
loomed up as a rock In the smooth seas
ahead.
W. H. Melntire was here from
Ritchey Mo. today.
U1IUU
this sale
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Marrs, D. M. Vinita Daily Chieftain. (Vinita, Okla.), Vol. 12, No. 72, Ed. 1 Wednesday, July 13, 1910, newspaper, July 13, 1910; Vinita, Okla.. (https://gateway.okhistory.org/ark:/67531/metadc775104/m1/1/?q=%22%22%7E1: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.