The Daily Ardmoreite. (Ardmore, Indian Terr.), Vol. 9, No. 49, Ed. 1, Sunday, December 29, 1901 Page: 1 of 8
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VOLUME IX.
r sidnby suaas
l Proorlct.r. J
AKDMORE IND. TEB. SUNDAY MORNING DECEMBER 29 1901.
I SUBSCRIPTION. I
I Y..r SI. ;
NU5II3ER 49
L. P. AHDERSON
President.
B. F. FRENSLET
Ylce Preildont.
FIRST NATIONAL BANK.
Ardmore. Indian Territory.
.Designated Depository for Bankruptcy Funds m Chickasaw Nation.
Surplus Fund. Cash $120000.00
Capital Paid Up Cash.... 60000.00
The oldost bank In Indian Territory. Accounts of Arms and Individuals
solicited upon tho moat liberal terras consistent with ood banking.
A Wreath of
Smoke
Is Not Always a Pleasant
One lor the Holidays
..but it is nlwayB
possible. Piro has no respect for
persons seasons or things.
Minimize its effects by carrying enough insurance to offset any
any dntnage done to the house furniture or stock.
pOBERTS 3c POLAND
BUY THE BEST
Eupion
Tho folio whig merchants only arc
Pottitt Bros.
M. F. Bomar
Skipwortk J. A.
A. A. Bailey
J. A. Bodowitz
Kendall W. C
P. A. Luughlin.
A. P. Jones
Dillnrd & Allen
General Insurance.
Rental
W. S. Wolverton & Son Agents.
Ardmore Cotton Exchange.
GULLOT BROS. Managers.
Oldest Commission House In the Territory.
OPPOSITE CITY HALL.
(up stains.)
COTTON STOCKS GRAIN AND PROVISIONS
For Future or mmodlato Dollvory.
Private wires New York New Orleans & Chicago
MINIMUM ORDERS ACCEPTED.
20 Bales of Cotton. 1000 Bushels of Grain.
10 Shares of Stock. 50 Barrels of Pork.
Continuous Quotations.
Prompt Execution of Orders.
RKFJ3HENCE:
B'lRST NAT. BANK
ARDMORE.
J. R: PENNINGTON & CO.
Biggest stock of staple and fancy candy ever in Ardmore. Ap
'pies Oranges Lemons Nuts.
holidays. Solo distributors for the
no or i
rv'ii ri
. Ul .1J1U1UU. UUUIJlU.
S. M. TORBETI
Asst. Cisbr
handling Eupion Oil in Ardmore:
W. A. Pnyno
W. A. Davis
Porter Staples
S. E. Jenkins
0. Crosbv.
M. T. Polker.
Son Bros. Co.
f
X
T
T
Long Distauco 'Phono
No. 96.
C. L. ANDERSON
Cubter.
Oil
m mm aiid wm mm.
Etc. See us before you buy for tho
celebrated
mm riot"
STATIONERY GO TO
BOYD S REEDS
BOOK STORE.
PERSONS CAN RETURN HERE AF
TER BEING EXPELLED.
Views of Attorneys Representing Bod
owitz Baker and Weiss Who De-
mur to Indictments Judge
Sustains Demurrer.
It will bo remomborod that Jnko
Hodowitz Jos. Wolss and 12. C. Ilakor
were romoved from tho Chickasaw
Nation by J. W. Ellis cnptaln of tho
Indian police for failure to pay tho tax
which tho Chickasaw Nation has at-
tempted to impose on nnn-cltlzcn mer-
chants. Tho order for their removal
was Issued by the commission of In
dian affairs who claimed to act under
tho provisions of Section 2149 of tho
Rovlscd Statutes of tho United States
which authorizes tho commissioner of
Indian nffalrs to move from a tribal
reservation any person whoso pres
ence In his judgment. Is dctrlmontnl
to tho poacc and welfare of tho In
dians.
Tho partlos nbovo named returned
to tho Chickasaw Nation nnd tho
grand Jury inillctod them for return-
ing after having been removed..
Tho defendants fllod demurrers to
tuo Indictments upon tho ground that
thero was no ponnlty under tho law
for a roturn after a removal under tho
clrcumstnncofl nbovo Indicated and
that if thero wero any penalty it could
not bo enforced by a criminal proceed-
ing. Tho domurrors wore heard boforo
Judge Townsond on Tuosday and ho
promptly sustained thorn holding that
tho partlos had comnJUed no olfenso
and wore liable to no penalty for hav
ing returned.
Tho judge based his decision on tho
follower reasons: Section 10 of
what Is known as the Intercourse) law
which was passed In 1834 authorized
tho superintendent of Indian affairs
tho Indian agent or sub-agent to re
move from tho Indian country any
ono who was thero contrary to law
and an act passed In 185C provided
that If any ono who had boon romoved
under tho provisions of said section
10 should roturn or bo found In the
Indian country ho should forfeit nnd
pay $1000.
Tho defendants wore not removed
under tho provisions of section 10 of
tho act of 1834 ns It could not bo con-
tended that they wero In the Indian
country contrary to law for they wero
all residents of tho Incorporated city
of Ardmore nnd their right to bo
thoro wn3 oxpressly recognized by tho
Atoka agreement and Curtis bill; the
Curtis bill oxprcFsly providing that
nil Inhabitants of incorporated towns
should bo entitled to equal rights and
privileges nut tho removal was ef-
fected until an cr-ler from tho com-
mit Monor of Indian n'-'Irs purporting
to bo Is3iicd under iho authority of
section 2149 Kcv.tl Statutes which
authorizes tho commissioner of Indlnn
affairs to reraovo from a tribal reser-
vation nny person whoso presence In
Iho opinion of tho commissioner Is
detrimental to tho pcaco and welfare
of tho Indians. Section 2119 was adopt-
ed by congress In 7.858 and thoro was
no punishment prescribed for return-
ing after having been removed uudor
tho provisions of that section; so ad-
mitting thnt section 2119 Is appllcablo
to tho city or Ardmoro and that tho
commissioner of Indian affairs has the
right to removo any ono whom he
wlalies to removo without a trial or
hearing it Is cortaln thut no ponalty
can bo Inflicted upon tho person If
ho returns after ho has been removed.
Tho second ground of the demurror is
that If any ponalty was Incurred it
could only bo recovered by a civil pro-
ceeding and not by a criminal prose-
cution. As stated abovo tho language
of (ho net of 185C Is that If nny ono
shall return or bo found In tho In-
dlnn country nftor having been remov-
ed under tho provision of section 10 of
tho act of 1834 ho shnll "forfeit and
pay" tho sum of $1000.
If thoro wore any doubt as to wheth-
er this would authorize n prosecution
It Is sot at rest by section 17 of tho
act of 1834 which expressly provides
that all penalties provided for In that
act shall bo received In nn action In
tho nnturo of an action of debt nnd
that one-half shall go to tho informor
and one-half to tho government
This sets nt rest a question which
I has disturbed our business men as It
means that conceding the right of tho
commissioner of Indian nffalrs to re-
movo from tho Territory morchantB
who rcfuso to pay tho tax Imposed by
tho Chlcknsaw Nation no penalty Is
Incurred cither civilly or criminally
when tho merchant returns after tho
removal.
Tho lawyers of tho InJIan Territory
are a unit as far ns wo can hear in
holding that the right of removal does
not oxlst but If It does It only means
a brief trip to tho frontlor and ho can
return on tho next train and thero Is
no ponalty that can bo Inillctod for
such return.
A TEXAS FRATRICIDE.
Sine Fox Kills His Brother Lewis
During a Difficulty.
Spcclnl to tho Ardmoreltc.
Fort Worth. Tox. Dec. 2S. A prl-
yato message received this morning
from Itnngcrf gives meagro particu-
lars of a tragedy which occurred yes-
terday eight miles south of that place.
Slno and howls Fox brothers sons
of John Fox n well known fnimor and
ranchman hnd a dllllculty.
During the trouble Slno killed his
brother Lewis with rocks.
DOLLAR WHEAT IN PROSPECT.
Farmers Holding Grain Some Mills
Close Down.
A Wichita paper snys dollar whotat
Is In prospect. Tho situation nt tho
present time Is ono of extromo short-
age. Milling men in Wichita as well
ns In Topokn and othor milling points
admit that they can get llttlo or none
but deny thnt wheat will advanco to
tho dollar mark. According to a dis-
patch lrum Topokn millers nro wor-
ried for four they will bo obliged to
shut down. The prico has advanced 12
cents tit tho last six weeks nnd thoro
Ik s stcudy demand over nnd above tho
supply.
In discussing tho situation n repre-
sentative of tho Watson Milling Co.
said:
"You can't go Into tho mnrkots of
tho world with wheat here in Interior
Cnnsas ranging from 3 to C cents nbovo
tho Kansas City and Chicago markets.
Wheat horo Is out and until thero Is
somo parity milling enn bo done only
nt n loss for tho export trade.
"Wheat won't go to a dollar. Thero
Is plonty of wheat but tho farmers are
simply holding It nnd won't sell It.
They havo got tho Idea wheat is. going
up. Tho situation is just liko a panic in
tho Btock market. Wc aro dealing with
mon's fears. Thero Is a shortago In tho
corn crop but as yet wheat has not
been used In sufllclont quantities In
plnco of corn to affect tho market.
RIPPED HIM DOWN THE BACK.
Henry Baker Severely Cut In Box Car
Yesterday.
Yesterday pretty soon after dinner
somo negroes wero working In nnd out
of somo cars In the Santa Fo rallrond
yards right by tho compress.
Among tho party was Henry linker
and another negro by tho nnmo of
Hayncs. Haynes went out of tho car
nnd shoved tho door too and Baker
remonstrated saying n mnn that
would do such a thing was a .
Haynes wo understand heard tho
remarked as ho was closing tho door
nnd returned and osked for tho man
that used such language. Halter said
ho did whereupon it Is said Haynes
mado a swlpo nt Bakor ripping his
back open for about six Inches nnd not
bolng satisfied cut him across tho
uppor part of tho thigh leaving an
"Sly gash there.
Officer Ledbettcr went In hot pur-
suit of tho negro Haynos nnd notwith-
standing ho followed him ns far as
Ovorbrook ho failed to apprehend him.
Raker hnd tho roputatlon of bolng a
good nogro and it Is to bo hoped that
tho offonder will bo caught.
Entertained the Ladles.
Mrsl A. C. Cruco ontortnlned tho La
dles of tho Leaf yesterday afternoon In
honor of Mrs. Mngglo w. Harry who
loft this morning for her homo In Shor-
man. A largo attendance of Indies wore
presonL Refreshments nnd punch was
sorved during tho afternoon nild all
tho ladles present express thomsolves
ns being highly entortnlncd.
Money on Easy Terms.
Tho local agent lor tho Metropolitan
Loan and Danklng Company of Fort
Worth Is at J. E. Arnold's ohTco por
mancntly.- Parties wishing monoy tc
build or Iraprovo proporty or pay on
present mortgages will savo monoy
by calling at tho above office. 12-m
111 TERRITORY JAILS
WORK WILL BEGIN AT MUSKOGEE
AT EARLY DATE.
Plans Approved The Building Will
Have Thirty Steel Cage McAIcb-
ter and Ardmore Will Follow
In the Work.
Spcclnl to the Ardmoreltc.
Washington I). C Dec. 28. Pro-
inrutlons nro being mado by tho do-
part men t of justice to carry out tho
provisions of the net of congress pass
ed In 1898 for tho erection of now fed-
eral Jails nt Muskogee South McAles-
ter and Ardmore Indian Territory. Tho
nmount npproprlated for tho now build-
ngB wns $90000 .which wns believed
at that tlnio to bo a sufllclont sum to
construct sultablo buildings for Jail
purposes. It developed however short
ly after the appropriation wns mado
that tho amount wns Insufficient to con
struct buildings sufficient!); commod
ious to nccommodato tho largo number
of prlsonors now hold In tho federal
Jails In tho Territory.
While tho net of congress did not ill-
ectly stlpulnto that tho $90000 must
ho divided equally nmong tho three
towns It Is bolleved thnt that was tho
Intention of congress and tho depart
ment Is not supposed to make nny In
vidious distinction among tho towns In
tho ii.strlbution of this appropriation.
For throe years tho work on tho jails
hns boon postponed becaiiBO tho fed
eral government could not socuro tltlo
to sites for tho Jails In any of tho three
towns. Now this objection hns been
lnrgoly removed as plans hnvo boon
nrranged whoroby tho government will
ho placed In possession of n block of
land In each city and given n quit
claim deed.
Tho first building upon which work
will bo commenced will bo tho Jail ut
Muskogee. It Is expected that tltlo to
a slto will bo sccurod within tho noxt
few dnys. Plans for tho Jail at thnt city
havo nlrcady been perfected nnd tho
govornment will call for bids within
tho next two weeks.
Tho plans npproved for tho Jail at
Muskogeo contemplates a building
with thirty steel cages each capable
of holding two persons. Arraugomonts
havo been mado however so that If
an additional appropriation can bo so-
cured from congress that additions
may be mado to tho coll buildings. As
tho nvcrago number of prisoner nt tho
Muskogeo Jail Is approximately 130
tnroughout tho entiro jear It is ap-
parent that tho "bull pen" inust nec
essarily bo resorted to and tho greater
portion of tho prlsonors corralled In
that structure. Accommodations for
tho moro vicious and despernto prls
onors will bo provided In tho steel
cages.
It Is probable that tho doriArtmnnt
will ask congress for nn additional np-
propriatlon for these Jails. imt. nn
similar roquest has been mado on two
prior occasions thoro seems to bo llttlo
probability that It will bo
tho appropriation committee.
Whiskey Destroyed at Paul.-..
Special Phono to tho Ardmorolto.
uavia I.T. Dec. 28. Donutv nrii.
entered tho express offico horo yester-
A. J. WOLVERTON. J.A. DIVENS
President. V-Pro.i.
THE CITY M
AREDMORE. I. T
Capital and Surplus
Accounts of Arms and individuals
Accorded
You'll have peace in the family and enjoy life if you have
ALBATROSS FLOUR
in your home. It is positively without an equal. The
few cents difference in the price does not represent the
superiority of ALBATROSS over other brands. Most
dealers sell it.
t
WHITEMAN BROS.
day nftcrnoon nnd took possession of
a pneknge containing 61 pints of
whiskey. Ho cnrrled tho samo outside
and poured tho contents Into the
street. ( ;
FIRE DESTROYS RESIDENCE.
The Home of Dr. Brown at Lone Grove
Burned Last Night Lost $G0OO.
Special Phono to tho Ardmorclto.
I-ono drove I. T Dec. 28. Tho rea-
Idenco of Dr. W. T. Urown was burn
ed here last night between 11 o'clock
nnd midnight.
Tho origin of tho flro Is not known
but Is supposed to hnvo caught from
a chimney.
Hut very llttlo of his houshold goods
wero saved. All tho lino wlno In his
wlno collar was altfo burned.
Tho total loss Is estlmnted nt $C00O.
Ho cnrrled $1200 Insurnnco on build
ing nnd coutents nnd $2500 on wlno
nnd cellar.
Accidental Shooting at Lone Grove.
Special Phono to tho Ardmorolto.
Lono Grove I. T. Dec. 28. A. M.
Sntterwhlto wns accidentally shot In
tho foot yesterdny afternoon while ho
nnd Frank Stevens wore playing with
a target gun. Tho bullet has been re-
moved from his loot nnd tho youiiB
mnn Is doing qulto well.
NEW DEADLY WEAPON FOUND.
Mississippi Justice Holds Nlgger'a
Head Is Illegal.
Jackson Miss. Dec. 2S. At a pre-
liminary trial for murder hold nt Ya-
zoo City before Justlco of tho Peaco
StovnoB tho mnglstrato hold that a
negro's head was a deadly weapon
such ns would Justify n defendant In
using n pistol to protect himself from
grnvo bodily Injury or posslblo death
from that source.
Tho defendant n nogro nnmcd Hen-
ry Gordon Is charged with tho mur-
der of another negro styled "Uuttlu
Jim" nt Edon a few weeks before.
Tho testimony showed that "Uuttla'
Jim" was npproachlng him furiously
his head lowered for attnek. It was
sworn that tho negro had killed a man
with his head. Tho magistrate dis-
charged Gordon.
Indlanola Encampment Odd Follow
had their regular mooting Friday
night. It wns tho last ono of tho year.
Wo aro told thnt their business Is up
In flno snnpo and n rod lino drawn on
tho books. Everything waa O. Kcd
and tho retiring officers felt happy.
NOW....
Is the time to list your property
that id for sale. List it with us.
We havo customers for all classes.
To Buyers.
Bo sure and see us before buy-
ing. Wo can suit yon and save
you money.
Tenant Property.
Wo pay especial attention to
collection of rents- We under-
stand it and make it pay good re-
turns. We want to do business
with you and for vou.
Redfield Real Estate Agency.
Established 9 Years
CRUCE BLDO. ARDMORE I. T
DON LACY A.H. PALMER
Cashier. Asst. Casblor.
TIONAL BANK
$90000.00
solicited. Courteous treatment
all alike.
Wholesale Distributors
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The Daily Ardmoreite. (Ardmore, Indian Terr.), Vol. 9, No. 49, Ed. 1, Sunday, December 29, 1901, newspaper, December 29, 1901; Ardmore, I. T.. (https://gateway.okhistory.org/ark:/67531/metadc78658/m1/1/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.