Vinita Daily Chieftain. (Vinita, Okla.), Vol. 12, No. 12, Ed. 1 Tuesday, May 3, 1910 Page: 1 of 6
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YINITA BA
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O
VOL XII. NO. 12
VINITA OKLAHOMA TUESDAY MAY 3. 1910
FIVE CENTS PER COPY
IDiS 1111! II
COURT of cms
Suit to Recover Money Alleged to
Have Been Spent In Drum
Creek Treaty.
Washington May 3. The court
of claims today rendered an opinion
in favor of the Osage nation in the
suit brought against it by Sue Rogers
executrix of the estate of William P.
Adair and Cullus Mayes administra-
tor of the estate of Clement N. Vann
to recover $180000 for services al-
leged to have been rendered in the
defeat of the Drum Creek treaty ne-
gotiated la 1868 by President Andrew
Johnson's administration.
This claim known as the Vann and
Adair claim has been pending in con-
gress for years. By what was known
as the Drum Creek treaty the Osage
nation sold to the United States near-
ly one-fifth of the state of Kansas for
a sum approximating 19 cents an
acre.
Under the treaty the lands would
have been acquired at that rate by six
railroad corporations projecting lines
through Kansas. Determined opposi-
tion to the treaty sprang up and re-
sulted in the house of representatives
denouncing it and wide-spread agita-
tion that ultimately resulted In the
government abandoning the treaties
with Indians and making agreements
instead. The treaty ultimately was
withdrawn by President Grant.
Vann and Adair who were Cherokee
Indians and members of the bar
claim that the defeat of the treaty
was due to the services performed by
them. They also claimed credit for
the fact "that the negotiation of this
treaty which would have given
8000000 acres of land in Kansas to
six railroads became a public and
national scandal. In 1876 they secur-
ed a payment of $50000 and repeated-
ly besought congress for payment of
the balance of $230000 alleged to be
due on a contract with the Indians.
Congress finally sent 'the claim to
the court of claims. The Osages
through their attorneys Kappler &
Merillat of Washington D. C defend-
ed on the ground that Adair and Vann
had not defeated the treaty but that
its defeat had been secured other-
wise v
It also was alleged that the services
of Adair and Vann were rendered be-
cause they were delegates to the Cher-
okee nation and under the terms of
the treaty the Cherokees would have
had to give a new home to the Osages
in Oklahoma at the same price the
Osages would receive per acre.
The Cherokees it was fc'rtfal-
leged had succeeded in prevuiVts the
Osages locating in the eastern " part
of Oklahoma and thereby succeeded in
forcing them to take their present res-
ervation upon which oil has been dis-
covered resulting in annual oil roy-
alties to the Osage nation of $230000 a
year. The defense also was made that
the claim against the Osages was
fraudulent. The court of claims found
the defense to be established and dis-
missed the petition of the claimants.
Hon Leslie Ross candidate for gov-
ernor on the democratic ticket is in
the city today and will speak at the
court house tonight.
M1LF0RD-BERGER
Hats and Caps
Nobby Line in by
OUR HOSIERY LINE IS COMPLETE
Raioes 6- Couch
Headquarters at Gem Restau-
rant Calls answered prompt-
ly day or night. Phone 284.
PROVIDE SPECISL Til! TO
INSURE AGAINST DISEASE
By Associated Press.
Washington May 3. Legislative
provision for a special tax on pay rolls
to provide for Insurance against tuber-
culosis was one of the suggestions
made tonight by Dr. Lee K. Frankel
at the meeting of the advisory coun-
cil of the National Association for the
Study and Prevention of Tuberculosis
which is holding Its sixth annual meet-
ing in this city.
Dr. Frankel spoke on the subject
"Insurance Against Tuberculosis. He
pointed out that it is feasible to in-
sure against sickness but unless some
method by which every workingman
would be obliged to insure were devis-
ed the very classes among whom tu-
berculosis is most prevalent would not
be reached by this Insurance because
rates would be too high. He advocat-
ed the formation of local municipal or
county departments who should col-
lect taxes based on the pay rolls of
employers of labor and who should use
this fund for the care of tuberculosis
workingmen.
"Instead of compelling the payment
of premiums on the part of employees"
said Dr. Frankel "it might be perfect-
ly feasible and constitutional to have
a special tax based on the payrolls of
employers of labor this tax to be fixed
and graded according to the amount
of the pay roll and probably also ac-
cording to the risks of the Industry
with reference to tuberculosis. Thus
for Instance dutsy trades would be
required to pay a larger proportional
tax than trades where the risk of get-
ting tuberculosis was not so large."
TUBERCULOSIS HOT THE
RESULT OF IMPURE FOOD
By Associated Press.
Washington May 3. Only two and
one-half per cent of all tuberculosis
in New York City comes from infected
milk butter or meat from bovine
sources according to the statement
made by Dr. William H. Park of that
city today before the Pathological sec-
tion of the National Association for
the Study and Prevention of Tubercu-
losis at its sixth annual meeting.
Moreover said Dr. Park this small
percentage is found mainly in chil-
dren. In other words pulmonary tu-
berculosis among adults Is contracted
solely from human beings and is not
the result of Impure milk or foods.
Dr. Park supported throughout his
paper the contention advanced by Dr.
'Robert Koch of Berlin the discoverer
of the tuberculosis germ when he
stood practically alone in declaring
that cattle did not transmit pulmonary
tuberculosis to human beings.
The significance of these conclusions
it was pointed out will be to direct all
the energy of the campaign against
tuberculosis to combatting the spread
of this disease among human beings
by preventing spitting bad housing
overwork and other conditions bad
for the health.
Ministers Send Protest.
By Associated Press.
San Diego Cai. May 3. The Min
isterial Association of this city today
sent a telegram to Governor Gillette
protesting against the Jeffries-Johnson
fight. .
SHOE COMPANY.
for Children
Express Today
v fA
Dinn KILLED If
A DRUNKEN ROW
Mayes County Indians Fill Up on Bad
Whiskey And One Is
Killed.
Joe Starr shot and killed ' James
Scott near Rose. They bad been out
on a trip together for some three or
four days returning home Wednesday
from Pryor Creek. On the way they
filled up on "bust-head" whiskey and
as usually the case got Into a fight but
of no serious nature as friends stop-
ped them. However after they got
home the fight was renewed. Starr
went to his father-in-law's and went to
bed. Scott going home but in a short
time returning to the Parris home with
two pistols' declaring vengence against
Starr. As he entered the door Starr
shot him from which he died a few
hours later. They were brothers-in-law
and good friends up to this
spree. It is said Starr killed Scott in
slef defense. Scott leaves a widow
and several small children.
OKLAHOMA STATE BOARD
SEVERALLY CENSURED
By Associated Press.
Washington May 3. Dr. S. Adol-
phus Knopf of New York does not be-
lieve In the exhibition of too much
paternalism on the part of the state
to the indigent consumptive particu-
larly if that paternalism be manifest
In the form of a treatment which has
not yet received from the medical pro-
fession universal recognition as to its
efficacy. ' Neither does he believe in
shutting the door in the face of a
physician because he has consumption
himself or has been closely associated
with consumptives. He believes in
justice to all consumptives and present
ed his views in most emphatic lang-
uage before the clinical section Of the
National Association for the Study
and Prevention of Tuberculosis in a
paper entitled "State Pthisiophilia and
State Phthisiophobia." Incidentally
the legislature of Nebraska and the
State Board of Medical Examiners of
Oklahoma were severely censured for
their attitude toward tuberculosis.
Dr. Knopf told how the legislature of
Nebraska had passed a law at its last
session which requires that indigent
consumptives treated at the expense of
the several counties in hospitals se-
lected by the state board of health
must receive treatment by "immuniz-
ation or vaccine therapy in addition to
open air and other sanitary methods."
Dr. Knopf condemned a regulation
adopted about a year ago by the state
board of medical examiners of Okla-
homa forbidding any physician from
securing a license to practice in that
state who was suffering from con-
sumption or who had been in close
touch with a case of consumption for
three years previous to his applica-
tion. This he characterizes as state
phthisiophobia; an exaggerated fear of
the consumptive in contradistinction
to state phthisiophiiia an excessive
over-care for the tuberculosis patient
as evidenced in Nebraska.
Dr. Knopf offered two resolutions to
be presented before the association
deploring the action of the Oklahoma
State Board of Medical Examiners and
also of the Nebraska legislature the
latter "as premature unwise and
tending to do injustice to the consump-
tive poor."
Gompers to Farmers Union.
St. Louis Mo. May 3. Samuel
Gompers president of the American
Federation of Labor made a strong
plea for union farmers and organized
labor in bringing about better idus-
trial conditions in an address before
the joint convention of the Farmers'
Union today.
He pointed out that he did not come
here to organize a new political party
but declared: "When organized In-
dustrial workers and organized farm-
ers stand shoulder to shoulder in fight-
ing for equality and Justice then will
come the new dispensation and the
new order of things."
Peary in London.
By Associated Press. - "
London May 3. London Is making
much of Commander Peary today.
Great crowds in the street adjacent
to the home of the Royal Society
where he was entertained awaited the
arrival of the American explorer and
are giving him a' hearty reception.
E MOVE
HASKELL CASE
Judge Denies Change of Venue And
Orders Case to Be Tried
at Once.
By Associated Press.
Tulsa Okla. May 3. More delay In
the trial of Governor Haskell and five
other men In the Muskogee town lot
cases was experienced today when
the federal court adjourned until this
afternoon to allow Haskell to prepare
argument for the continuance. Judge
Marshall ordered recess until this af-
ternoon with an intimation that un-
less the defendants showed they were
being deprived of material evidence he
v.ould refuse continuance.
. Tulsa Okla. May 3. Denied a
change of venue from Tulsa to Mus-
kogee the defendants in the Muskogee
town lot cases which were placed on
trial in the United States court today
asked for a continuance. In asking for
a continuance it was alleged in the pe-
tition that attorneys for the defense
; had been denied access to certain
-papers in the possession of the inter-
ior department in Washington and
'the Dawes Commission and Union In-
dian agency at Muskogee very essen-
tial to the case and that E. B. Lennan
a government secret service man had
J taken papers that the attorneys for
;oe aeiense migm noi nave mem.
t Judge Marshall gave the government
uhttf 10 o'clock tomorrow to prepare
an answer to this motion. A special
motion was entered in the case of W.
T. Hutchings one of the defendants
for a continuance on the ground that
tie is too ill for trial. The court will
dispose of this motion with the other.
The defendants waived arraignment
and entered pleas of not guilty.
When court opened at 10 o'clock
this morning the court room was
crowded. All the defendants were
present except Mr. Hutchings. Gov-
ernor Haskell has qualified as an at-
torney in his case and sat with his
counsel E. L. Kistler of Muskogee
and Norman Haskell son of the gov-
ernor also counsel for Haskell.
SOCIETY MUST DO ITS
IRK 6Y ADVERTISING
By Associated Press.
Washington May 3.-A paper which
caused considerable discussion was
read before the Sociological Sectibu by
James Jenkins Jr. of Brooklyn today
at the sixth annual meeting of the Na-
tional Association for the Study and
Prevention of Tuberculosis. Mr. Jen-
kins insisted that the chief function
of a local anti-tuberculosis association
was educational and not remedial.
The society must do its work by
means of exhibits lectures posters
newspaper articles he said and in
many other ways. Another function
of the association must be that of
giving inspiration and suggestion to
others. Mr. Jenkins contended that
the Tuberculosis Committee in Brook
lyn of which he is the secretary had
done its best work when it secured
the assistance of the city private hos-
pitals and others in doing work which
the committee itself could never un-
dertake. He recommended in raising funds to
secure a large number of small dona-
tions rather than a few large ones
and advised special collections in
churches and Sunday schools for spe-
cial kinds of work. In conclusion he
said:
"In some localities the situation is
such that a tuberculosis committee is
j really forced to do a certain amount of
j relief work but the' responsibility for
! this relief even if initiated by the
committee should be placed as soon
as possible on the shoulders of some
regular relief organization which per-
haps is not fulfilling its entire duty to
' the public."
Well Pleased With Show.
The audience at the Sparks Bros.'
Show last night was well pleased with
I every part of the performance and
showed their appreciation very fre-
j quently as each individual was a star
in their parts. The Valentino family
were excellent in their performing and
the trio of elephants pleased old and
young alike in their musical comedy.
The Muzino family of Japs brought
frequent bursts of admiration from the
crowd. .
JURY REARS STORY OF
STOLEN GRAND JURY NOTES
By Associated Press.
Kansas City Mo. May 3. As a re-
sult of the clash between Prosecutor
Conkling and Attorney Walsh the jury
hearing the Hyde trial today came in-
to possession of part it the story of
the disappearance of the grand Jury
notes in the case. When the first
trouble arose between the attorneys
two weeks ago the jury was not In the
room. Shortly prior to noon recess
in the course of a legal argument
Conklin made reference to the "stolen
grand Jury notes." Springing to his
feet Walsh pounded on the table with
his fist and shouted. "Who stole the
notes? They were lost through the
bundering of the prosecutor's office."
"They were stolen" responded Conk-
ling angrily. "I ask the court to
reprimand the prosecutor for that re-
mark" said Walsh to Judge Latshaw.
"The court has no comment to make"
said the Judge. WTio stole the
notes?" queried Walsh turning to
Conkling.
The Jurors who had followed the
tedious medical testimony all morn-
ing sat up In their chairs.
"I can't say but I know who re-
tained them and refused to give them
up until the court threatened to send
the client to Jail" answered the prose-
cutor. Attorney Walsh began an explana-
tion of his conduct and the court
stopped the verbal bout.
Ruth Bryan Leavltt Married.
By Associated Press.
Lincoln Neb. May 3. Lieutenant
Regnald Owen and Ruth Bryan Leavltt
were married at Fiarvlew shortly af-
ter nine o'clock this morning. The
strictest secrecy was maintained and
all Information concerning the wed-
ding was withheld.
Convention Opens.
By Associated Press.
Washington May 3. The eighth
triennial convention of the Congress
of American Physicians and surgeons
opened a three day's session here to-
day. Among v'? speakers were Pro-
fessor Lange of Munich and Dr. Simon
Flexner of the Rockefeller Institute.
BUY
SEE
WE
LAN!
PHONE 196
The Farmers State Bank
VINITA OKLA.
Wants your account whether large or small. If you
are not a customer of ours we ask you to give
us a trial we make it a point to take care
of all our customers any accom-
modation consistent with
prudent banking is
gladly extended
to all.
ABSOLUTELY PURE MAPLE SYRUP
Direct from Maple Camp at Laine-
ville Ohio Price $2.00 per gal- V
Ion- Supply limited. Gall early.
L. P. GARRI SO N .
UMPIRE SHOOTS
BASEBALL PLAYER
Tallahassa Mission Game Ends In a
Tragedy Following Dispute
Over Decision.
Muskogee Okla. May 3. In a game
of baseball Saturday afternoon at
Tallahassa Mission fifteen miles
northwest of here between Tallahassa
Tigers and the Red Bird Sluggers one
of the players' disputed the decision
of "his umps" and during the argument
shot and killed Arthur Houston one
of the players on the Tigers.
Houston according to officers who
came here last night from Tallahassa
looking for Rucker questioned a de-
cision of "his umps" and the argu-
ment became so strenuous and war
clouds so heavy that to settle future
disputes in the game Rucker pulled
his gun and fired the fatal shot
Rucker escaped the crowd of in-
furiated negroes. The Tallahassa
and Red Bird neighborhoods are In-
habited solely by negroes.
INHERITANCE TAX PASO
KILL EE LARGE ONE
Tulsa Okla. May 3. According to a
decision of State Auditor Trapp the
estate of J. G. McGannon who died
about eighteen months ago must pay
an Inheritance tax to the state of $11-
000. Judge N. J. Gubscr of the coun-
ty court fixed the amount of tax this
estate rouct pay at $3195 and then
passed it up to the auditor of state. It
is believed the state auditor's esti-
mate will be cut some. The McGan-
non estate will pay the heaviest in-
heritance tax of any estate since
statehood. J. G. McGannon was presi-
dent of the Central National bank of
this city and died leaving an estate
valued at $2000000.
O. L James left on the fast mail for
Sapulpa being called there by phone.
AND SELL
US
i
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Marrs, D. M. Vinita Daily Chieftain. (Vinita, Okla.), Vol. 12, No. 12, Ed. 1 Tuesday, May 3, 1910, newspaper, May 3, 1910; Vinita, Okla.. (https://gateway.okhistory.org/ark:/67531/metadc775567/m1/1/: accessed July 3, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.