The Shawnee Daily News-Herald (Shawnee, Okla.), Vol. 16, No. 223, Ed. 1 Wednesday, April 10, 1912 Page: 8 of 8
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THE SHAWNEE NEWS HERALD
WEDNESDAY EVENING, APRIL 10
EIGHT
SEE ALICE The WONDER, at the CARNIVAL
AT T H E
FOLLY
99
LESLEY k WILSO'V ■*'
flic Mimical ( unifd) SlftfH
"A COLLEGE BOY
TIU RSDAY FRIDAY IXD SATI RDAI
Pretty Girls, Puniiy Comedian®, Singing and Dancing
Ladies' Souvenir Matinee
Friday Any Scat 10c
We will give to e*ch lady attending the matinee at 2:30
afternoon a txeutiful imported Gold Band China Breakfast
which worth more than the price of admUalon charged.
2 NIGHT SHOWS, 7 TO 11 P. M.
General AtaMra 10c. Keserie Seat* 20c.
Program ( hanifd on Thursdays and Saturdajs
Friday
Plate,
Alvo Theatre
LESLEY * WILSON
Vaudeville & Pictures
Pictures (hanired Daily ^
Vaudeville ( han^<d Every Other Day
Bir Three People Act Thursday
GARCIO-ALIEN AM) ANDERSON
5 and 10 Cents
Another Big Art Opens Sunday
" SUIT IS REVERSED
CHAPPELL SEEKS TO
PUASH INDICTMENTS.
Counsel for Accused Guthrie Claim
Grand Jury Waa Illegally Drawn.
Guthrie, April 10.—Attorney John
Devereux and James Hepburn have
filed a motion In the diatrict court
to quash the indictment against Will
H. Chappell. They aet up in their mo-
tion to quaah that at leaat one mem-
ber of the grand Jury was Illegally
drawn. They also aver that the evi-
dence adduced was largely based on
hearsay, and was not sufficient upon
which to return a true bill. The mo-
tion to quaah will be heard Thursday
before a apecial judge who will be
designated by the supreme court to
hear the case. Judge Huston dis-
qualified himself to hear the case on
account of being a material witness
subpoenaed by Chappell.
Kews-Herald want ads bring results
han>u> City Life Stock.
By Associated Press.
Kansas City, April 10.—Cattle—Re-
ceipts, 5.000; market strong; native
steers, 6j0 to *5.50; native cows and
heifer*, *3.50 to %12h.
Hogs—Receipts, 11,000; prices, c
to 10c lower; bulk of sales from
$7.40, $7.80, $7.85.
Kansas City Grain.
Kansas City. April 10.—Cash wheat.
$1.03 1-8 to $1.03 1-1; July, .45; Sept-
ember, .43 3-4.
Corn—7J 1-g; May, .76 12 to .7« 54;
July, .71 12 to .72 5-8.
W heat Damaged.
Chicago, April 10.—Reports of crop
damage to winter wheat in IlllnoU.
Indiana and Ohio, it is alleged Will
(Continued from page one.)
the advisory vote for United State*
senator was small and complete re-
turns from out in the state mlgh:
overthrow the apparent result
Governor Deneen's chief fight w.is
against Sub-treasurer Len Small re-
ferred to In the campaign as a can-
didate of Senator Lorimer. Advicis
■.ndicate that Governor Deneen has
non from Small about five to three
in the state.
The democratic contest for gov-
ernor offers more opportunity for
conjecture. Dunn had an indicate
majority of 61,000 in Cook county but
Alschuler, his nearest competitor,
appeared to be running so well :n
the state that conservative estimate*
of Dunn's majority are from 10,000
to 20,000 In the slate.
Against Suffrage.
Chicago voters voted two to one
against women's suffrage In the pri-
Imary. The question was not on t>a:
lots outside of this city.
I Roosevelt carried the home ward
of Congressman McKinley in Cham-
| I>algn. He was successful in the
seventeenth congressional district
where Col. Frank I*. Smith the Ta*t
1 state manager lives, and in former
Speaker Joseph G. Cannon's home
1 < ity of Danville.
Senator La Follette polled a sma !
\ ote. In Cook county where it ap-
1; .eared heaviest, the Wisconsin sen-
ator had an apparent vote of 14,40)
i where Roosevelt's apparetn vote was
'■6,144 and that of Taft 52,064.
While Roosevelt's lead in Cook
coutny was on a basis of eight to
five over Taft, returns from out of
the state indicated he ran strong-:
there, in places as high as five *o
■ne, bringing the estimate avera^o
! of five to two.
. Champ Clark's candidacy met just
the opposite result. In Chicago his
. apparent majority based on more
thah three-fourths of the total num-
ber of precincts was above 90,000. or
on a proportion of about four to one
over Wilson. In the state precincts
his lead was in a proportion of about
eight to five, making the general pro-
portion as indicated In returns about
two to one.
Late Returns.
Chicago, April 10.—Practically
complete returns from Chicago and
estimates based on half the state vote
i give totals for Roosevelt of two
'hundred and thirty thousand; Taft
|a hundred and nineteen thousand;
' La Follette. thirty-seven "thousand;
j Clark, two hundred and twenty thon-
| sand; Wilson, eighty thousand.
J NEW T11MI. ORDERED FOR CA K
RtX'LT OK BOOSETELT
( ONTKOTERSY.
I reach forty percent in some districts
! iused an advance in July whea".
from three tn three and one-eightfi
• < losing at a dollar and three-eighths.
Oklahoma City, April 10—An opin-
ion by Commissioner C. B. Ames of
division number one of the supreme
court commission reversed and re-
manded the famous ouster suit
brought by C. N. Haskell, while gov-
ernor. through L. F. Roberts, county
attorney of Osage county, against the
Indian Territory Illuminating Oil
company The court says it was un-
able to determine the issues as the
case was presented, and the cas*?
now goes back to the Osage county
district court for further hearing.
Institution of the suit was inciden-
tal to the controversy between Pres-
ident Roosevelt and Governor Has-
kell. during the presidential cam-
raign of 1908, when it was charged
by the Oklahoma governor that Pres-
ident Roosevelt had exhibited favor-
itism to the Indian Territory com-
pany which he openly charged was
connected with the Standard Oil
company. The company is operating
under a ten-year oil and gas lease
granted by congress covering 680.000
acres of Osage Nation land, the oil
royalty being one-eighth, which wa=
fixed i>y President Roosevelt with-
out notice. Haskell charged, to the
Indian owners.
State Law Violated!
In the ouster proceedings it was
alleged that the company operating
under a foreign charter was engag'-d
in the piping of gas in the state and
proposed to extend its mains over
the highways and pipe gas out of
the state. The state law was being
violated, it was alleged by the com-
pany sub-letting its leased lands,
thereby trading and dealing in real
estimate in violation of the law, also
was operating in violation of the Ok-
lahoma anti-trust law.
The company answered in court
deriving that It U6ed the highways as
indicated, declared that the state law
proposing to prevent the piping of
gas gut of the state was unconstitu-
tional and as to the managemen,. of
that :and it held under the blanket
lease, the company claimed it pos-
sessed a vested right, accruing from
contracts acquired prior to state-
hood. Since institution of the suit
the supreme court of the United
States has ueld adversely to the state
in the laUer's attempt to prevent the
piping gas beyond its borders.
Th- case was presented below,
upon -he theory that the court would
take judicial notice of the. contract
but the opinion recites that this Is a
Sherwin-Williams Paints and Varnishes
BE SI RE AM) DON'T FORGET THE PAINT DEMONSTRATION TOMORROW AT
WARREN-SMITH HDW. CO.
"THE HARDWARE TORE"
PHONE rs.
PHOSE 14S
SAY OFFICER SHOT SURETY COMPANY
LIABLE IN FULL
tCONTl.Nt. JiU KKUM KAGE ONi
Why Should a Chicken
Lay a Soft-Shelled Egg?
ttecaune, Willie, the chicken don't know how to create a HARD-SHELLED egg sole** It has some
food with lime In It.
So chicken-raisers often provide limestone gravel, broken oyster shells or some other form of lime.
Let the chicken wander free and It finds Its owr. food and behaves sensibly.
Shot It up and feed stuff lacking lime and the eggs are soft-shelled.
Let's step from chickens to human beings. {,11
Why is a child "backward" and why does a man or woman ha>e nervous prostration or brain-fag!
There may be a larietj of reasons but one thing is certain.
If the food Is deficient In Phosphate of Potash the gray matter In the nerie centres and brain cannot
be rebuilt each day to make good the cells broken down by the activities of yesterday.
Phosphate of l'otash Is the most Important element Nature demands to unite albumin and water to make
gray matter.
(JKA l'K-N ITS food Is heaiy In Phosphate of Potash In a digestible form.
A chicken cant always select Its own food, but a thoughtful man can select satiable food for his children,
wife and himself.
I private agreement of which the cou~ t
FOR RENT — Modern furnished ■ anno-, take cognizance. The case
| rooms for light housekeeping, also j was brought to the appeal court by
418 W. 11th street! the sate following denial of its de-
murrer by the district court.
Exclusion Case Reversed.
The court also reversed and re-
manded the suit of Wilson Cole, is
next friend for his children against
furnished cottage.
Phone 776.
56-9-3t
'There's a Reason for
Grape-Nuts
Postum Cereal Company, I imll.'d, Battle Creek, Mlihlgtin.
called this evening in which the
cause leading up to the trouble will
be thoroughly investigated.
Say Article Was Wrong.
The delegation from Seminole ex-
pressed themselves as beli^vms that
an injustice had been done the city
in the atricle appearing in The News-
Herald Monday relative to the affair.
They desired the article be "righted."
During a fight at the Rock Island
station, early Monday morning Joe
Sammon, a prominent citizen and bus-
iness man of Seminole was shot down
by Officer Cole. Seminole citlieni
assert that the officer bad no occa-
sion to shoot Sammon.
The following resolution was pass-
ed at a mass meeting at Seminole
Tuesday night and signed by 75 citi-
zens:
Resolution.
"Whereas, on Sunday night,
Shawnee, Okla., J. W. Sammons, one
of our leading business men, and law-
abiding citizens, was attacked and
shot, by an oficer under employment
of the Shawnee Merchants' associa-
tion and from the most reliable in-
formation from unbiased witnesses,
we the merchants and citizens of
Seminole, in mass meeting assembled,
repudiate the action of this officer.
Therefore be it resolved,
"1st That the assault upon one of
our business men and citizens by an
officer employed by the merchants of
Shawnee, is condemned by us, and
should be condemned by the best citi-
zens of Shawnee, and we insist upon
the immediate arrest of this party,
and a trial had, that his guilt or lnno-
1 cence may be shown to the public.
'2nd. We condemn the one-sided re-j
ports of the affairs as published In |
the Shawnee newspaper, and as sent |
to the Daily Oklahoman under Shaw- j
nee date line. TEe publication of such j
an article as appeared In the Shaw-1
nee paper is an insult to our town j
and its citizenship, and we demandj
that the paper make an effort to se-!
cure an Interview either with the j
wounded man or some one with tin I
biased knowledge of the affair, and j
correct the false and damaging re- i
port as printed.
"3rd. We appreciate the good feel-
ing that has heretofore existed be-
tween Seminole and Shawnee, and the
large amount of trade that Is given I
COURT REVERSES AND REMANDS
COLUMBIA BANK AND TRUST
COMPANY CASE.
from the surety company, when the
latter brought the injunction proceed-
ings, claiming that the Iobs should
be prorated. Other surety companies
paid up the amount of their bonds.
The injunction which it sought was
secured but Is dissolved by the rul-
ing of the supreme court
Russell Dissents.
Justice R L. Williams and Justice
S. H. Hayes were disqualified to sit
Oklahoma City, April lO.-ln an in the case on account of the fact that
opinion written by Justice Kane, the | they are stockholders Jn state banks,
supreme court held Tuesday,
that and Judge Stlllwell Russell of Ard-
more and C. A. Galbreath of Ada were
appointed in their stead. An opin-
ion, dissenting on certain points from
that of Justice Kane, but concurring
as to reversal, was written by Spe-
cial Justice Russell.
Notice.
Members of the Pottawatomie Coun-
ty Bar association and ministers of
the county are requested to appear at
the north door of Convention Hall at
8 o'clock Thursday night The dele-
gation will occupy seats on the stage
during the address of Mr. Freellng.
when a surety company guarantees'
a deposit of the state in a bank and
the bank fails, the surety is liable
primarily for the full amount of its
bond and the loss is not to be pro-
rated between the bond and the a Late
bank guaranty fund.
The opinion reverses and remands
the case of the Columbia Bank and
Trust company, in possession of E.
B. Cotkrell, state banking commis-
sioner, against the U. S. Fidelity and
Casualty company, and directs the
dismissal of an injunction which the
casualty company had secured in the
Oklahoma county court preventing the
state banking board from paying any 0 For 30 Years
further funds into the bank guaranty flp ■ the Standard
fund utnil the school land department W Remedy fof
had secured its pro rata of the Colum- ^
bia fund Diseases of Mucous Membrane*
_ . . , . A„r,nr*n1sExperienced pharmacists will tell you Bis G ti
The school land department was a ^ <xepted Standard remedy for diseases of mo.
heavv depositor in the Columbia bank tons membranes—dischsrges from the pose, throat
and'its deposits were covered by! StrrZ^s ££
bonds, one of which was written for
150 000 in the XT. S. Fidelity and Guar- silTer nitrate, line sulphate. alcohol, cocaine, QC
| s any narcotic, ft may b« used fall strength with.
anty company. The banking board ^ wby not core yourself? Sold by
began paying individual depositors
from the guaranty fund, leaving the j mailed
state department to collect its bond
or we ship express prepaid, «
Titulars enclosed with eacu vouk «*
Its plain envelope on request.
Th« EtlU Chemical Cs. Cisciauti. (his, 0.11
school district twenty-nine of Mc-1 gj,awnee merchants from our town
Therefore if such acts as tiie one
Sunday night are approved by the
association "who employes this officer,
and other good citizens of Shawnee,
■we would like to know it.
"4th. That every good citizen of
Pottawatomie county refrain from
forming an opinion from the reports
as printed in the Shawnee paper
Monday, that Justice may be had.
Be it further resolved that a copy
of these resolutions be delivered in
pereon to the Shawnee merchants, a
copy be printed in the Shawnee pa-
per and Oklahoman, as well as our
home paper."
Intosh county, involving the separate
school law. Trustees of the school
district denied the Cole children ad-
mission to the school maintained for
whites upon the ground they were
of negro blood. The court admitted
evidence tending to show that the
children in the community of their
residence were generally reputed to
be tegroes and this was assigned as
error by Cole's attorneys. The
opinion by Judge Ames held this was
proper element of evidence tending
ing to show their race, not that it
would be conclusive, but proper for
consideration of the Jury under the
court's instruction. Evidence of sev-
eral who would have testified there
was no African blood In the children
was excluded and the appeal cour;
held this was an error. It was also
held that it would be proper to admit
evidence showing the children in
question attended the "white" school
in the state where they formerly re-
sided, notwithstanding such state had
a separate school law, and becaus*
of the errors committed in the case
was reserved, the district board hav-
ing won in the court below. Cole
came to Oklahoma from Kentucky.
■H
WE HAVE
sren A WELL ORGANIZED FOR€K ASD SYSTEM THAT 100
MEN, 50 TEAMS AXD 10 BOSSES COl'LI) XOT GIVE BETTER
SERVICE IMIEK THE OLD TIME PLAN, DO AS TOU PLEASE.
NOTHING TOO LARGE FOR TS TO MOVE, NOTHING TOO
SMALL FOR OrR ATTENTION.
RED BALL TRANSFER
BAGGAGE AND STORAGE
PHONE
777
ti
W. B. Rorschach
While there is some credulity in
this world, nearly everyone is in-
clined to suspect fraud in the maple
syrup.
Nearly every family has a member
who Is birdlike to this extent: gels
up early, and thinks everyone else
should
Southern Inventors.
The following patents were Just Is- I
sued to southern Inventors reported
by D. Swift ft Co., patent lawyers.
Washington. D. C.. who will furnish
copies of any patent for ten cents
apiece to our readers.
Oklahoma—John F. Hollien, Or-
lando, draft attachment.
West Virginia—Wayne D. Fitipat-
rick, Glenhayes, stove-pipe Joint.
Every Woman
is Interested and should know
sbout the wonderful
[ MARVEL Whirling Spray
The new Vaginal Synngs.
ovenieot. It
s iostaotljr.
If hr car..'.-- 5-: ply U.
WAHVCL, a : r r rV
but teiid stamp for illustrated
book—scaled. It gives full par
lari tni ~ r'cti r.i invaiua elol~*w. —«
«lt>U C« . MUtlZM Sir.«!. •• T.fk
FOR SALE ST
Wallace Mann, 9th and Broadway
Lion Drug Store, Union and Malu
St*. Mall orders solicited.
PIES
Everybody likes PIE—We are selling good pie
fruits cheap.
All two pound cans Black-
berries, Cherries, Strawber-
ries Gooseberries, 3 cans for 33c
Gallon Can Apples,equal apeck, 25c
Gallon Can Rhubarb - - 30c
Gallon Can Pumpkin - - 30c
Gallon Can Peaches - - 40c
Best Yellow Cheese, lb. - - 25c
Brick Cheese, lb. - - - - 20c
THE BOSTON GROCERY
MAIN AND BROADWAY. STRICTLY CASH. PHONE 12.
We Deliver $1.00 up—Nothing Lets.
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Barrett, Charles F. The Shawnee Daily News-Herald (Shawnee, Okla.), Vol. 16, No. 223, Ed. 1 Wednesday, April 10, 1912, newspaper, April 10, 1912; Shawnee, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc91639/m1/8/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.