#age pour
OtriAHOMA STATE REGISTPR
Oklahoma State Register
Published Every Thursday b>
OKLAHOMA PRINTING COMPANY
& i*. DObPH, Pres
klUhed l>e< 17, lfcf
JOHN GOI.ONIK. So.
Inc., Dec 17, 1908
• i  • Pontoflw hi uuthrle, okihhcm* *• second
Oiiui  V i. Mattn
Pnliscrlptina Price per I ear. Il.tMl
TNVRSU.W. MARt 11 14. 191-'.
JOHN GO LOB IK. EDITOR.
\ BTI>
Sfct^
V RELlt ITE IHSTIM'TIOY
The request of Judce Cotteral, of the District l'otl-
eral bench, for the resignation of the clerk of the t ourt
for activity in the nomination of Roosevelt for Presi-
dent, has a far-reaching possibilities of investigation
and comment into pernicious activity in politics by
Federal officeholders.
Here is one conspicuous left-over Roosevelt sinner
to thousands—amounting to an accepted rule—of the
administration forces fighting for the renomlnation of
the President. The President not only gets the help
of his own appointees, but those left over that were
appointed by Roosevelt as a rule desert personal
friendship for their former chler for their present jobs.
Of course, Hunter Is the more conspicuous because
he is the exception to the rule. In his case, his per-
sonal admiration for Roosevelt is of a character that
he would stand any day out in the middle of the street
and be shot for his great friend—and he has the
courage for this character of a deed.
Of course, too, it might be said that ho should have
resigned in order to be free to "enthuse for his friend
for President. But when he finds himself everywhere
outnumbered several thousand to one whenever he
attends a convention of those who are serving the
same federal government who are working for the
aomlnatlon of their present Instead of their past mas-
ter, what is the poor fellow to do? Is he to be so
ridiculously self-righteous that he could be declared
mentally unsound?
Take, for Instance, the "pernicious" activity of the
Guthrie Federal office holders for Taft. Shall we name
them? No. It Is unnecessary to embarras them by
mentioning their names.
This question of Federal employes under civil ser-
vice or not—enjoying political activity is a rather deli-
cate one. Shall a man cheat himself of the greatest
prerogitlve of the American citizen?
On the other hand, shall a Federal office oligarchy
control all avenues of public expression of the will of
the people as to who shall administer their laws?
It is feared, however, that by the lonesome isola-
tion of its kind, this request of a Roosevelt admiring
Federal employee to resign his joh, will do more harm
to the Taft than to the Roosevelt cause the further it
travels.
The commission form of government is in force
again in Guthrie. Now. what next? It is already ru-
mored that another character of suit is to be brought
or the "recall" initiated.
COLLIER'S TRIBUTE TO JUDGE FI RMAN.
In an article Court In Reform," Colliers Weekly
quotes largely from Judge Henry Furman of the Ok-
lahoma Criminal Court of Appeals. It makes a tech-
nical error of saying he is chief justice of the supreme
court, but it places an excerpt from a decision in
a special position, in italics;
"The courts should consider seriously as to whether
or not the judicial system of America does not need
reorganization. When a man kills another In England
the chances of his escape from punishment are ex-
ceedingly small, and the probability of his speedy
prosecution and execution stares him directly in the
face. It cannot be denied that this exercises a whole-
some and restraining influence upon the passions of
men. it is the nearness and certainty of punishment
that strikes terror Into the hearts of evil-doers. The
longer punishment is delayed, and the greater the op-
portunity for its evasion and defeat, the loss efficacious
It becomes as a means of deterring persons from viola-
ting the law.
We Inherited our criminal jurisprudence from Eng-
land. The trouble is we have endeavored to maintain
It just as we have received It, and we are still striv-
ing as hard as England did before the Revolutionary
War to maintain technical regularity and form at the
sacrifice of everything else. While in England the
trial of criminal cases has been simplified, and many
of the arbirtrarv technical rules of the common law,
the efTect of which w as to hinder, delay and defeat jus-
tice, have been abolished, America keeps on using
the old. antiquated, worn-out. second-hand, cast-of.
legal garments with reference to the enforcement of
criminal law which England has long since discarded
and thrown away.
If the courts desire to enjoy public confidence and
respect, they must earn It by basing their decisions
alone upon substance and by paying more attention to
justice than to shadows, form, and technical regularity.
— Chief Justice Furman, Oklahoma Supreme Court, 1911.
i'l't one over 0\ I s.
When the democratic state convention was on in
Oklahoma ( ity the president of the Chamber of Com-
merce in welcoming the delegation, expressly declar-
ed that "everything was wide open" and that, "where
ever you llnd a carpet going up a stairway, just go on
up, it's all right."
And it was all right. Everything was "wide open,"
saloons, gambling halls and all—lots of them.
During the republican state convention this week
In Guthrie, the state enforcement officer came up from
Oklahoma city and made our boys put padlocks on
all the doors that were not In general use.
Now, that's down right mean. It Is mistimed and
misplaced zeal, at best—or worst—on the part of the
enforcement officer.
Mind you Guthrie was just as much entitled to be
entertaining to Its guests on convention days as Ok-
lahoma City. And this Interference on the part of
the state enforcement officer to deprive the republican
delegates of the pleasure of spending their money—in
Guthrie—while allowing the democratic stalwarts
to "jest joy theirselves" isn't quite fair.
It almost looked as though the state enforcement
officer closed up Guthrie in order to make it necessary
for the delegates of the republican state convention
to go to Oklahoma City for extra hospitality.
A NEW SPIRIT l> THE REPUBLICAN PARTY
That it is healthy to renew the composite of a party
as It Is good to have a change of diet for a person, or
a change of climate. Is shown by the character of
party declarations of principles and faith, as enun-
ciated both state and congressional republican con-
ventions. These declarations are sincere and vital and
up to the hour and the needs of the people of Oklahoma
for the first time since statehood. Always before there
were simply wholesale declarations against the demo-
cratic party. This time they strike the root of the
evils that work against all persons, irrespective of
party. They also declare the things the party stands
for, with no uncertain voice.
The party stands square on the Roosevelt policies,
and also such party reforms within the state as shall
free It from boss domination. The party organization
is declared to be the servant of the party and not its
dictator. For this purpose a primary nomination is
declared for in all elections, and that no Federal ser-
vants shall either become delegates to conventions or
members of party committees.
The republican party has started out in a way that
gives new hope that it can win at the next state elec-
tion. It is united to do things that will redeem the
members of all parties—all the citizens of Oklahoma.
The Caddo county delegation showed itself a great
friend of Guthrie, which should not be forgotten.
COLD IN THE HEAD
Week's Brcak-up-a-Cold Tablet!,
break up the congestion, clear the
bead, take away the tendency to dull-
ness and headache. Nothing harsh
or disagreeable about them. Act
gently and thoroughly. Cboeolate-
coated tablets, pleasant to take. Con-
tain fever-reducing medicines and
mild vegetable laxatives. Relief is
guaranteed or your iuf>ney refunded.
Price 25c. at
TIIh PONT OFFICE IHtl'fl STORE
STATIONERY KODAKS
FOI.NT A IN PENS, ETC.
Op. Poslot'lire. Phone 52(1.
Guthrie, Okla.
A POSSIBILITY.
Colliers'.
The conservative wing of the democratic party is
gathering all the force it can behind Governor Har-
mon, but astute leaders know they can not nominate
him. In Underwood they have an able, honest and
fearless statesman, whom they would prefer to all
other democrats but him also they are convinced they
cannot nominate, in this predicament, what will they
do? They dislike and fear Wilson most of any man in
either party. The leaders, therefore in the conserva-
tive group—popularly known as "the interests"—have
hatched a plan which is unmistakably ingenious. Of
an ordinary politician they are not afraid. They know
that, whatever words flame from his throat, he will
in important crises be good. The interests and the
machines can handle an ordinary party specimen. In
selecting Champ Clark they have been rather deep.
Althonugh, in fact, he is nothing, he is scheduled as a
progressive. He has a deal on with Hearst, who plays
the property and dicker game more openly every year.
Clark is, we believe, not really satisfactory to Bryan
but Bryan can scarcely oppose him. since he wears
the progressive label. He will go to Baltimore with
some strength of his own. and the present plan is to
throw the Harmon votes to him, as it would probably
be impossible to throw his to Harmon or Underwood
—Hearst perhaps getting the nomination for Vice-
President. or perhaps being satisfied with strengthen-
ing his pulls in the States where he dabbles in poli-
tical patronage.
This is somewhat neat, and it may go through.
Ifit does, Taft is more likely to be renominated. In
that case Clark will get about the normal democratic
vote and Taft the regular republican vote plus more
than half of the Independent vote, and be easily re-
elected. Annexation speeches may be expected from
Clark at Intervals during the campaign, and deals
equal in moral fiber to his leaving the speaker's chair
to take conspicuous part in the pension grab. if
Roosevelt is nominated, he will beat Clark so badly
there will be practically no race. If he Is nominated
It Is difficult, Indeed, to think of any democrat ex-
cept Wilson who can give hint a sporting run. Be-
tween those two. Roosevelt would have tlie advantage
of his unexampled vigor, popularity and political
knowledge, and Wilson the advantage of a clear and
Bound position on the tariff and the trusts—likely to
be the two great issues— and a splendid power of
thought and speech. It. Is extremely likely, however,
that the Democrats will throw away their chance, as
usual and put up some ordinary compromise, like
Clark, and hand the election to the republicans.
CBINESE IN VUGUR\TE PROY1S-
IONAL HEAD.
Tan Shi Kai to Ite President until
Appointment is Made by Assembly.
Pekin. March, 10.—In the new for-
eign office today, Yaun Slil Kal was
formerly inaugurated provisional
president of the republic of China in
the presence of a great gathering of
delegates, provincial envoys, military
«nr naval officers and other promi-
nent personages. Many foreigners at-
tended the ceremony but helegations
were not represented.
Yuan Shi Kul, who was In military
uniform rend a declaration, promis-
ing faithfully to develop the republic
observe the constitutional laws and
Mtlr* when the National Assembly ap
pointed a permanent President The
Hwnonv wns so'emti—almost ojth.
•ti#— and tvpleal of China's transi-
tion
Most of those who assembled were
attired in uniform or union dress. The
only touch of Orientalism was the
presentation of the scarfs to Yuan by
two yellow robed Llamas.
segreflatu LAND tenants to
meet.
Will Petition Government to Provide
Protection for Homes and
Clint lels.
Coalgate, Okla., March 13.—Ten-
ants of the segregated mineral lands
In eastern Oklahoma have Inaugurat
ed a movement looking to the forma-
tion of an organization, similar to
that of the school land leases In
this state, for the purpose of pro-
tecting their rights relative to Im-
provements upon lands that ar~ 1
he sold
A Call has been Iwed 1 " "
County Segreget < tjind poioc'--Unr
signed by A. I. Pennington -•■*<<>
dent, and Ed Ryan secretary urMne
all persons llvlnr on or nwnlnp im-
provements on segregated coal or as-
i phalt land In Oklahoma to assemble
I in mass mooting at Coalgate on Sat-
1 urday, March 16. at 2 o'clock in the
afternoon, for the purpose of offect-
| ing a state organization.
The object In organizing is to urge
the secretary of the interior to in-
clude In his rules nnd regulations
for the classification and appraise-
ment and sale of the surplus of the
segrated land, proper provisions for
the protection of the owners of all
[ houses and other valuable improve-
ments on segregated land.
| All persons living on segregated
I land or owning improvements there
! on are re nested to meet In Coalgate
on the t>* ■ n«med date end assist
In nerfecM"<r n «tete oreaniratton for
their mutual benefit. At this meetlne
suitable resolutions will be nrepared
to be submitted to the secretary of
the Interior for the protection of horn
es nnd InvTovements
FOR SALE.
Best strain of full-blooded S. C. R.
I. Reds' eggs at $1.00 lor 15.
Mrs. Eva M. Etink,
001 E. College, Guthrie.
+ t
* COURT ITEMS +
4* ^
■!* 'I- *r -f -I-
District Court.
The following' new actions have
been begun in the District Court:
W. J. Martin vs. J. B. and Ida Len-
hart. foreclosure of mortgage on W
half of X\V quarter sec. 28 and NE
quarter sec. 29 tp. 15 r. 4 W to col-
lect $1,943.54.
Arkansas Lumber Co. vs. G .T. Rid-
forth et al, on note of $633.33.
Farmers National Bank of Ponca
vs. Guthrie National Bank et. al. To
recover $7 355, on state warrants, al-
leged to have been forgeries by W. E.
McBrine, warrant clerk in the state
auditor's office, negotiated by Chas.
R. Renfro who is made one of the
parties defendant and whose real
estate in Ixigan and Kay counties
has been attached.
P. T. Walton Lumber Co. vs. N. F.
Womack; on account. $188.15.
Guthrie National Bank vs. Bear
Creek township, Ixigan county. To
recover on fourteen claims, amount-
ing to $262.03.
The court has been in session all
the week engaged most of the time in
the trial of the Mitchell vs. Phillips
case involving $25000.00 worth of l/>-
gan County farm lands which Mitch-
ell traded to Phillips for stock in the
Ok. Express and Baggage Co.. and
who alleged fraud and mis-
representations on the part of Phil-
lips. The jury found for defendant.
The following plead guilty: Lew
Thompson, forgery; D. Carver, re-
moving mortgaged property, and Jim
Merritt, house breaking, and will be
sentenced Saturday.
The district court grand jury will
meet in Guthrie Monday, March 25.
Frank S. Westfall, under indictment
for making false reports to the state
bank commissioner, relative to the
Creek Bank and Trust Co.. of Tulsa
is set for hearing. March 19. West-
fall was found guilty of a similar
crime at Oklahoma, and sentenced to
one eyar in the penitentiary and fin-
ed $500. He has asked for a new-
trial in this case, alleging, among ot-
her things, that one of the attorneys
for the state gave one of the jurors
"a good cigar" before verdict was
rendered.
Superior Court.
Information has been filed against
Dr. L. M. Overton, and he is under
bond charging him with selling a
claim to a collection agency outside
of the state, against a railroad em-
ployee. This is the first criminal
prosecution in Guthrie under this
law though two or three civil suits
have been decided, all against the of-
fenders.
Federal Court.
The following bankrupt petitions
have been filed: I* K. Rhodyback.
Mt. Park, Osborn Ixigan Walters,
debts $1,247.68, assets $2,710; Rose
M. Zingg. Elk City, debts $8,651.30
assets $7,247.62 and I* H. Bellah. Hol-
lis, debts $16,000. assets not deter-
mined.
Stale Supreme Court.
The court affirmed the opinion of
Judge Huston, of Ixigan County Dis-
trict Court in John Ewing vs. Amos.
A. Ewing and wife awarding five ac-
res of land and improvements to
John Ewing. the home place of Amos
V Ewing who sold the Judge Green
farm west of Guthrie, to his brother
John, reserving five acres and im-
provements as commissions.
The court reversed five decisions of
the Corporation Commission and af-
firmed one. The following case gives
an idea of some of the momeirtous
questions with which our august Cor-
poration Commission deals.
"The Santa Fe was fined $100 for
charging H. Haher, a traveling sales-
man. 15 cents above the tariff, for
excess baggage carried from Guthrie
to Norman. Justice Williams wrote
the opinion of the court reviewing
the case on appeal and declared that
the evidence showed clearly that the
overcharge was not wilful. The case
was therefore dismissed."
Court Notes.
Bart Murphy is in Phoenix Ariz.,
defending himself against a $50,000
damage suit, in which John B. West-
fall Is plaintiff In which Westfall
alleges Injury to his health caused
by Murphy's kidnapping him when
he arrested him under an Oklahoma
indictment for violations of the slat-
es banking laws.
Mahlon Pitney of New Jersey, has
been confirmed by the U. S. senate as
an associate justice to succeed the
late Justice Harlan on the supreme
court bench.
John B. Doolin, state game warden
and John R. Williams secretary of
the state school land department,
have been sued on a $6,500 note, by
the State National Bank of Okla-
homa
The supreme court baa held the*
there is no appropriation to nay eottr
rcvM-'ers that the creation of the
office fixing salaries does not pro-
vide for the payment of salaries with
out a specific appropriation therefor
« U BRONSON L C BRONSON
BRONSON & BRONSON
\bst racts, Loans and Insurance
Oldest and Largest Insurance \gency in Oklahoma
•'ire and Tornado Insurance. Only complete and correct Ab®*"a.r 
iooks in Logan county. 20 years'experienci in compiling Absttoda
>t Title. Monev to loan at lowesi rates on farm and city oropertv.
118 IV. Oklahorna Ave
McAlester,
Canon City
vVier City,
Piedmont,
Montreal,
viithracitt.
COAL!
J. B. FAIRFIELD,
TRANSFER, COAL pnd STORAGBJ
Established 1889.
Office and Yards: 407 W. Harrison Ave,
^I^Going North
f you'll find that
Katy Trains
Save Business Hours
Anlc Toe Agent
for an/ travel information
Ml,I.lit TWO TRAIN ROBBERS.
Texas Bandits Kelt into an Epress
Messenger's Trap.
San Antonio, Tex., MSrch 13.—Dav-
id A. Trousdale a young express mes-
senger. brought the attempted rob-
bery- of a Southern Pacific train to a
sudden climax this morning when he
trapped the two robbers and killed
both of them. A third member of the
gang, believed to have been in one
of the coaches of the train, escaped
in the excitement that followed the
killing of the two robbers. Neither
of the robbers has been identified.
Both are white men. One had a book
in which the names of a ntlmber of
persons in Kansas and Oklahoma
were written. These were telegraph-
ed to officers in these states in an
effort to identify the men and to
trace the third member of the gang.
The robbers boarded the train, No.
9, westbound, a few miles east of
Sanderson. The mail and express
cars and the locomotive were, detach-
ed from the passenger coaches. Then
the engineer, covered by the bandits'
revolvers, was compelled to run the
express coaches ahead of the remain-
der ofthe train. One of the robbers
took Trousdale back to the train and
kept him under guard, while the oth-
er robber covered the crew in the
cars ahead and started to rifle the
safe and express boxes.
It was here that Trousdale cun-
ningly laid a trap for the robbers.
He appeared to take the affair with
apparent good nature and especially
he seemed the most docile catspaw
for the robbers, who stood over him
compelling him to rifle packages and
boxes.
In the midst of his work he turned
around and seemed to be signaling
to a person behind his captor. For
a fleeting instant the bandit took his
eyes oft Trousdale. The next inst-
ant he was in eternity. Trousdale
had seized the big ice mallet and
struck the robber a crushing blow
on the side of the head.
Trousdale then took the robber's
revolver, which had clattered loudly
on the floor, and crouched near the
wall of the car awaiting for the at-
tack that he knew would come.
He waited a long time, It seemed,
for the bandit up in the engine had
confidence in the other outlaw. Fin-
nlly growing uneasy, the engine
guard jumped quickly from the cab
and ran back to the express car.
"Trousdale barely heard his footsteps
before the robber rushed halfway into
the car. One shot through the head
ended the robber's life. Trousdale
quietly Informed those of the crew
waiting outside in the darkness that
the hold-up "was over."
Truesdale Is "2 years old and re-
cently was promoted to the express
train. He lives in San Antonio. The
bodies of the two robbers were taken
to Sanderson.
REPORT OK EXCELSIOR LIBRARY
Although the month of February
was a short one with much inclem-
ent weather there wns an increase
of over 25 per cent in the Library
service.
No. of registered visits—1183.
No. of books loaned—606.
No. of members added—56.
Total number of members 580.
Books donated—16.
Number of current papers and
magazines—21.
No. of books on shelves—2356.
As our book fund Is already ex-
hausted nnd the demand for books
greatly increased, we will greatly
appreciate books from friends of our
work. We do not want old magaz-
ines.
Many people have good books on
their shelves henlfltlne no one. if
,><oeo bonks were eiven 'o us they
would be read hundred or thous-
ands of times We will "ladly call
n- fn rthe bonlro If informed bv
mall or phone f1090i when and
wnere to call Respectfully,
Mrs. J. C. Horton Lb'n
SHERIFF MCRPHY SIJED FOR
$50, 000.00
The case of John B. Westfall
against Sheriff Bart Murphy of this
city has been set for trial at Phoe-
nix, Ariz., next Saturday, according
to a notice received by the defendant
Tuesday.
Murphy went to Phoenix last Dec-
ember with requisition papers to
bring Frank S. and John B. Westfali
back to Oklahoma for trial on indict-
ments charging violation of the state
banking laws.
Murphy was arrested for attempt-
ing to kidnap John B. Westfall, the
case being like that of Detective
Burns when he transferred the Mc-
Namaras from Indianapolis.
Westfall, alleging that he was sick
then filed suit against Murphy for
$50,000 damages to his health. The
kidnaping charge is also standing
against Murphy at Phoenix. Frank
Westfall was brought back to Okla-
homa and was convicted recently in
Oklahoma City and sentenced to the
penitentiary for one year.
The Westfalls formerly owned the
Creek Bank and Trust company at Sa-
pulpa which failed in November, 191ft.
Kohlenberg (Joes to Dakota.
W. C. Kohlenberg, agent for the
Sac and Fox Indians in Oklahoma
for fifteen years, has secured a trans
fer to the Crow Creek agency, near
Chamberlain, S. D., and will be-
come an agent there for the Sioux
Horace G. Johnson, agent at Crowr
Creek, takes Kohlenberg's place in
Oklahoma. It is expected the trans-
fer will take place immediately.
mcalester recall case is
dismissed.
Oklahoma City, March 12.—In re-
versing and remanding with instruc-
tions to dismiss the "recall" case
appealed from Pittsburg County, the
Supreme Court, in an opinion deliv-
ered today by Justice Kane, declined!
to pass upon the constitutionality of
the recall provision of the McAlester
City charter.
Petition was filed with the city
council for an election to recall
Mayor Peter Haraty. Tal Milweo
and other taxpayers applied to the
District Court for an injunction to
prevent the election, and in grant-
ing it the court held the recall pro-
vision to be unconstitutional.
From this an appeal was brought
by the city of McAlester.
It was admitted by counsel for
both sides that while the issue was
whether or not an injunction would
lie against calling the election, yet
they were more interested in se-
curing a ruling upon the recall pro-
vision. in declining to pass upon
that issue, the Supreme Court said
it would be time enough to do so
when such important question reach-
ed it in due course and in a proper
proceeding.
It was held that a court of equity
has no jurisdiction to restrain an
election, since the right involved is
a political one, and that taxpayer
has not such an interest in a suit to
enjoin the holding of an election as
the one proposed as would entitle
him to prosecute such a suit as a
complainant.
Justice Ila.ves Delivers Opinion.
An opinion by Justice Hayes re-
versed the former holding of the
Supreme Court in case of the Shaw-
nee Gas and Electric Company
against, the state, et al., appealed
fro mthe Corporation Commission
and was dismissed today for want of
jurisdiction. The Court formerly
held that the Corporation Commis-
sion was without authority to fix
rates charged by the Shawnee Co.,
because it.' was controlled by a city
franchise, fixing the maximum rate.
The question of jurisdiction was not
raised at the former hearing. Ef-
fect of the decision is to sustain
the reduced rates made by the Com-
mission for the Shawnee Gas Com-
pany. The court announces that gas
and electric companies do not fall
within the category pf transporta-
tion and transmission companies, ap-
peals of which (he court has no Jur-
isdiction. The Legislature has made
no provisions for appeals of gas
companies from order of the Com-
mission, the court says.
An appeal brought by the Harrls-
Irby Cotton Company from a com-
mission order requiring it to do cus-
tom ginning at eOary and fixing the
rate for such service was dismissed
upon the same ground.
The Stenographers Case.
Act of the legislature of 1910 fix-
ing salary of District nnd Superior
Court stenograpliers at $1200 per an-
num was not an appropriation, the
Court held in the case of Cliff
against State Auditor Meyer, Cliff a
court stenographer, obtained from
the lower court an order mandamus-
Ing the auditor to Issue warrants for
salaries upon the theory that the
" <>ad fixed the sum to b#
np" TMo wpp rr, |„ nTI 0p>
inter Vv I'tq'lce ti Amirnrrt*-
tlon made for aten ers hr
last I .eelBlntnre wr .toed hr "i#
Governor and no rel! f can
ernn'e'' until the 1 r- • .Infill*  wt«