The Shawnee Daily News-Herald (Shawnee, Okla.), Vol. 19, No. 37, Ed. 1 Monday, October 13, 1913 Page: 1 of 6
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THE SHAWNEE DAILY NEWS-HERALD
Exclusive Associated Press Report. Largest Circulation in This Section of Oklahoma
VOLUME xrx
MONDAY EVENING, OCTOBER 13, 1913
P1""' Hmtorla,
Society
NIWBRR 3f
CORNERSTONE OF HANDSOME NEW ELKS
BUILDING WAS LAID SUNDAY AFTERNOON
UTII.ITIRS COMMITTEE
■ KKT WAS OFFICIALS
Bj Associated Press.
Kansas City, Oct. 13 —A Joint
meeting of the Missouri and Kansas
utilities commissions with officials
of the Kansas Natural Gas company
began here today, to determine how
much gas will be available this
winter for towns and cities served
by the company, and whether the
commissions can make rules to pre-
scribe the ags solely for rooking
and lighting purposes
BANKERS APPEARING
BEFORF COMMITTEE
By Associated Press.
Washington, Oct. 13.—Bankers
representing "country banks" dis-
cussed the currency bill before the
senate banking committee and
urged a provision entering two per
cent bonds on which the present
currency is based. W. B. Harrison
of Oklahoma was among the bank-
ers.
HUERTA THAT U.S.
IS DISPLEASED
i It KMT OF DEPUTIES CAUSE OV
SUSPICION Iff ADMIN'ISTR
TION CIRCLES.
CRUCE REPLIES
TO CRITICISM OE
JUDGE TDM DOYLE
*£
THE WEATHER.
INSISTS THAT HIS ATTACSk
COURT WAS WELL
FOUNDED.
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By Associated Press
New Orleans, Oct 13.—
Oklahoma: Tonight fair and
warmer. Tuesday, generally
cloudy aud warmer in east
portion.
HURFUERST" IS
BRINOING SAVED
INTO NEW YORK
NO APOLOGIES TO
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"j* BEARS M& SURVIVORS FROM
THE ILL-FATED "VOL-
TIIRNO."
Jl§>
of the company in this city.
"In addition the members of tne
order have subscribed the sum of
fifteen thousand dollars to finish
paying for the building, which is
W. M. L0\ '' WI RE
Sunday afternoon long before four by which
o'clock, the hour for the inaugura- financed.
'Ion of the ceremonies, a large j is no aocm which w„ deglro
crowd had gathered In the vicinity ' wlthhold from The
of the new Elks building to wit- New York Lir, Insurance oompan,
ness the laying of the cornerstone. haB granted „8 a ]o|lll on lhe bulld.
Ail available stations near the to Bt.(!Ur<„1 bv firsl
scene of the exercises were taken ga(,„ in the iun, o( $,5t00,100 whi(.h
Wore U,e hour whe nthe offlcers i,)Iin Wllh princlpalIy 8ecur(>d
of the Elks marched to the corner ,hro„Kll gocl(| off|( s of
,,of Broadway and Ninth and opened E Iudford who „ loca)
the ceremonies.
Mr. B. E. Kirkpatrick, district
deputy for this district, had charge
of the program, and made the open-
ing address. The ceremony, he said,
with which the building would be
consecrated to great principles of
the order, would be interesting and
important. He spoke briefly of the
causes of the assemblage, introduc-
ing the regular Elks ritual for the
laying of cornerstones.
Rev. William DuHainel. chaplain,
addressed the Throne of Grace, af-
ter which the secretary, C. J. Beck-
V ?r, read the list of articles to be
placed in the cornerstone. They in-
cluded copies of the daily papers,
a roster of the Elks lodge, the of-
ficers and members of the Elks
building committee.
Richard Brown then sang beauti-
fully "Jerusalem," accompanied on
the piano by Miss Tydfill Brown
The formality of laying the cor-
nerstone was then observed, the
Chaplain led in prayer, and Mr. B.
X. Gatewood favored the assembly
■J with a trombone solo. The singing
of the Elks song by the assembled
Elks folowed, and after an address
by Hon F. IL Reily the closing
ceremony was observed.
The address of Mr Reily in full
was as follows:
"Brother Exalted Ruler Brother
Blks and Friends:
"We are gathered here today for
the purpose of laying the corner-
stone of our building. To ns the
T ttnpori of the hour is weighty and
of great importance. We have
struggled long and faithfully since
the destruction of all our lodge par-
«*pheraalia by the fire demon the
day after Christmas last year. It
has been our one great hope and
aspiration to build a home we could
In truth call our own which would
be worthy of the great mission of
our beloved order.
"Wo recently purchased the two
lots on which the proposed build-
tyg is to bo built, and begun to
^ast about for the ways and means
building could be j why this building and this lodge.
For what purposes will it be ded-
icated and will its building be a
Joy forever in our midst or a
thing to be condemned.
"Many people who are not in-
formed misunderstand the purposes
of our noble order. We teach joy
and pleasure but not frivolity. We
believe in happiness. We believe
that man is a social being and that
he is at his best when he holds
healthy communion with his fel-
low man. We teaph that brother-
hood of man Is on a parity with
the fatherhood of God:
JOHN LINO AND
O'SKANGHNESSY TO ACT
Any Harm Done Prisoners
Re Immediately Re-
sented.
By Associated Press.
Washington, Oct. 13—After a con-
ference between Secretary Bfryan
and' President Wilson it was an-
nounced at the white house that
telegrams had been dispatched to
both John Lind at Vera Cruz and
Charge O'Shaughnessy alt Mexico
City, to make representations to the
Huerta government that the United
States looked with displeasure upon
any lnj\iry to the Mexican deputies
now under arrest.
It has been left to Lind's discre-
tion whether he go to Mexico City
and personally present to President
Huerta the information that the
United States attaches "the greatest
importance" to the arrest of the
deputies.
President Wilson said the United
States would adhere to a policy of
letting the Mexicans settle their
own affairs. In view of the devel-
opments, he said, he did not see
how constitutional elections could
be held.
WORK NOflrnUTIONS.
By Associated Press.
Washington, Oct. 13.—The presi-
dent has nominated Jeff McNearn of
Tennessee to be United States attor-
ney for Hawaii, and L Hepler to
be postmaster at Winfield. Kas
Exalted Ruler of h.
now being generously paid in by
the brothers during the • hardest
times we have seen for many years.
"The building when completed
will be at present three stories high
built of the best constructing ma-
terial known to the genius of man,
fire-proof throughout, built of
brick, stone concrete and steel, on
foundation sufficiently strong to
carry a modern six-story building,
and which we hope to see con-
structed In a uo distant future
"The first part will be divided
into two store rooms in front and
one in the rear.
"The second story will be com-
pleted into up-to-date offices.
While on the third floor will be the
quarters for the lodge, with an
overhanging sun room In the front.
"We believe, when in the morning
of creation the Father breathed in
our race the breath of life he also
gave unto us the joy of living and
by so doing we ought to take ad-
vantage of the privilege of associ-
(continued on paoe six)
50 COUNTIES TO
OE REPRESENTED
8peciai to News^Herald
Tulsa, Okla., Oct 13 —For the
first time In the history of Oklaho-
ma—for the first time in the his-
tory of any American state—fifty
counties are today ready to dis
play their agricultural products at
one time and in one place. At
the International Dry Farming
Congress and Exposition in Tulsa
this month a full half hundred Ok-
lahoma counties will show their
crop in open competition with the
j world.
The greatest number heretofore
in action at any Oklahoma fair or
exposition was twenty-three; the
greatest known number at any Am-
erican fair or exposition la under
forty. It has remained for the In-
ternational Congress to break all
records for county participation in
an agricultural show
As a result, east will meet we it
Chaw*
Special to News-Herald
Oklahoma City, Oct. 13.—Gov-
ernor Lee Cruce, iu a special de-
livery letter addressed to Judge
Tom Doyle of the criminal court
of appeals, answered Judge Doyle's
criticism of the governor made in
connection with the opinion in the
Crump case.
At the outset the governor ex-
presses his belief in the right of
every man, whether an official or
not, to criticize the acts of courts
and judges and evinces no fear of
being prosecuted for contempt for
what he has to say of the court.
"I have little patience with the
anfi-quated Idea that courts are too
sacred to be criticized," asys the
governor, and then proceeds to tell
Judge Doyle what he thinks of the
opinion In the Crump case, as well
as some other cases passed on by
the criminal court of appeals."
This action of 'the governor in
answering Judge Doyle, which had
been confidently expected for some
time, is taken to foreshadow a
merry war between the eexcutlve
and judiciary of the state govern-
ment. That Judge Doyle will rnply- sustained a conviction upon circum
to the governor, at the same time
reviewing some of his official acts,
is considered certain.
"The implied threat in your opin-
ion to the effect that if the lan-
guage used by me had been used
by a private individual he would!says:
have been haled before the court "It 1b unnecessary for
for contempt, is a declaration upon dertake to defend my
FLAMES MOUNTED
MOUNTAIN HlOi
aside from cases dismissed there
were 194 cases passed upon by the
oourt where the defendant was
charged with a violation of the pro-
VIAKF IIF ? A VQ jh,b,tlon ,aw ftn<* forty-six criminal
Ifl/tllLf IIL till 11) cases of all other classes that were
either affirmed* or reversed. Of
Judge With Atw>nptinflr the 194 whiskey cases, ninety were
to Intimidate the affirmed and 104 were reversed Of
People, the forty-six other criminal cases,
thirty-four were affirmed and twelve
reversed. To be more explicit, an
examination of the cases reported [ *^a80Ciated Press
in this volume will show that In ! 0,1 n°ard Grosser Kurfuerst at
cases where a violation of the pro«j^ea (Wireless to Cape. Race), Oct.
hibltiou law is charfsed the criminal > ***• With five hundrod and five
Explosion
Hon
Causing Fire Killed
Than *>0 Crew and
Passenger*.
13.—With five
court of- appeals reversed 54 per 'survivors from the "Volturno," the
cont, while It reversed only 26 prr 1 Grosser Kurfuerst" is approaching
cent of all other criminal cases. York.
There can be uo escape from this 1 ' steamer found the Volturno
conclusion—either the lower courts (burning fiercely. The fire was
In the administration of justice start"<« b>' an explosion in the for-
committed more than twice as many ju hold at seven O'clock Thurs-
errors in prohibition cases than In : morning.
other criminal cases. °n thp arrival of the "Grosser
In view of thin record made by ! K,,rfu*r"'" ,lames fro,n hold
the criminal court of appealB. I f«ltwere lpapln* pl*"t)r feBt lnto thB
then and reel now that the language lair " lvaii lparned htat or
employ.-<l by m.- wa in keeping |:morp of tllp "Volturno'." crew and
with the facts On., member of *Pawengera were killed by
your court In a letter to me, though Ith" e*P">al°n aa<J
taking offense at my language, gives
me credit for rendering good service
to law enforcement iu this lan-
guage; 'You have certainly started
something in this matter that is go-
ing to bear fruit,' and you will re-
call that soon after my message
was delivered your court rendered
an exhaustive opinion In the case
against John Osterndorf in which it
stantial evidence and I at once
wrote your court complimenting it
npon the doctrine announced in that
case."
The governor does not defend his
views on capital punishment, but
me to tin-
action In
your part that you would not have'dealing with criminals condemned
followed the plain provisions of the | to death, but since you have seen
laws of this state and was evidently , proper to criticize me for express-
intended to 8ti 11 further awe the!Ing my views about an opinion com-
citizens of the state and cause themiing from your court, it is proper
to cringe and cower in the presence [ ^>r roe to call your attention to the
of judicial ofifcers, speak with bated.fact that no sort of criticism had
breath and hold their peace when been indulged in by me until after
they feel that judicial officers are your court. In an opinion rendered
not performing their sworn duty," i by* you, had gone out of the record
says the governor. and taken occasion to give expres-
"I shall not discuss at length the sl°n of its criticism of the policy
opinion of the court in the Crump j * have pursued in commuting death
case, but I am justified in saying sentences to life imprisonment and
that In a case of as far-reaching .expressed impatience at the 'maud-
importance as this the moat careful. sentiment' displayed by me.
deliberation should be given by the "You seem to hold to the Idea
court," says the governor "The (that it Is perfectly proper for you
court probably gave much time aud as Judge, either In the hotel lob-
thought to the questions involved bies or on the bench, to indulge
before announcing an opinion but freely in the criticism of the gov-
if such be the case the considera-
tion was in advance of the argu-
ment submitted to the court. The
facts are that after this case was
brought to the attention of the
court and arguments concluded,
the court recessed for fifteen min-
utes and immediately after reas-
sembling announced its decision. In
view of the fact that every other
appellate court in the United States
that has ever passed upon the
question Involved has decided the
question exactly the reverse of the
doctrine announced in your opinion,
it would certainly argue that the
question is of sufficient Importance
to have merited longer deliberation
than fifteen minutes before over-
throwing a line of well-established
decisions. After your oourt thus
quickly had disposed of the issue
involved an adjournment was taken
and you went on your vacation to
Colorado and spent thirty days in
preparing your criticism of the
governor. Certainly, a case Involv-
ing the rights of the people of the
state to be protected against con-
victed violators of the law hi en-
titled to as serious consideration as
is any criticism that emanates from
the governor."
Calling attention to an executive
message in which he applauded ths
doctrine of harmless error," but
Intimated it was not being applied
in liquor cases, the governor cited
two cases from ToL VI. Crim. Ct
ernor and other sworn officials, but
(Continued on paoe ftvr.>
One boat with forty pansengers
was capsized, and all were lost
Two others, with from sixty to
eighty passengers, gctt away, but
apparently were lost In the high
sens. The "Grosser Kurfuerst"
picked tip thirty-two' persons who
had been washed into the sea.
Those remaining on the "Volturno"
were crowded at the after end, and
were taken off safely after daybreak
Friday.
The wreck of the' ^'Volturno" la
|drifting, a menace to navigation.
The "Grosser Kurfuerst" expects
to reach New York Wednesday. The
total number saved is believed to
be five hundred and twenty-three
SAM BAILEY WILL
UPHELD BY COURT
ahkrnathy holds tbat
hi: was of disposing
MIND.
In the superior court today Judge
Abernathy set aside the verdict of
the jury In the Sam Bailey will
case, and sustained the will giving
Sherman Spencer, his nephew, his
estate. The court held in brief that
Bailey was of disposing mind at
the time the will was made, and
was not influenced by any Insane
delusion in his act. When the case
was tried before jury, the Jury de-
cided the contrary.
■AYOK F. P. STEARNS
s wz *
v is7 '
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Weaver, Otis B. The Shawnee Daily News-Herald (Shawnee, Okla.), Vol. 19, No. 37, Ed. 1 Monday, October 13, 1913, newspaper, October 13, 1913; Shawnee, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc92076/m1/1/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.