Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 7, No. 6, Ed. 1 Saturday, June 8, 1895 Page: 1 of 8
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ttkehli) #WftI|0iia State Capital.
THE FIRST PAPER PUBLISHED IN OKLAHOflA.
VOL. 7.
GUTHRIE, OKLAHOMA SATURDAY, JUNE 8, 1895
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GREAT M'LOUD,
WHA'I BECOMES OF A BEEF CREATURE.
Mr Edward Davis, a New York wholesale butcher, gives the above dln<fr:ttn to the New York
World to ahoi What lie gets f«>r (he b< et h< M It He pays. ho m*\ k |7S 00 for an elpht hundred
pound beef at the warehouse In New York, and by referring to the distrain It will be seen thut
ne gets 175.26 after cuttlnp it up and selling It to the retailer In buying beef the wholesaler
does not get any of the extras such as hrains. tongues, liver, tripe, oxtails, etc.. so that his
profit la only that shown by the design
GARLAND WINS.
The Secretary of the Interior Decide*
in His F vor.
IMPORTANT LAND DECISION.
Some Valuable Heading Regarding Home,
stead and Contest Law That Will
Be of Interest to Many Liti-
gants for Claims—A
Long and Hard
■tattle.
One of the most famous and hardest
fought contests ever known in Okla
lio in a has just been decided by the
secretary of the interior at Washing-
ton. The parties to the suit are C. \V.
Garland and C. 11. Hunt, both of Sew-
ard, Logan county, and the claim is a
fine Quarter section of bottom land
that adjoins that village. Both liti-
gants are prominent men and a strong
array of legal talent, both local and
at Washington, has been employed to
present the facts to the various land
courts before whom the case has been
brought. Secretary of the Interior
Smith has finally awarded the land to
Garland and the decision is a valuable
one for the reason that some hitherto
obscure points in land law are made
clear. In his decision the honorable
secretary lays down the following:
Department of the Interior, General
Land Office, Washington, I). C.. May
18, 1895. Charles It. Hunt vs. Charles
W. Garland—Review.
The Commissioner of the General
Land Office—Sir: Charles B. Hunt has
tiled a motion for review of depart-
mental decision of March 21, 18U4,
(18 L. D. 253), involving his homestead
entry, made May 13, 1889, for the
southwest quarter of section 2, town-
ship 15 north, range 3 west, Guthrie
Oklahoma.
It appears that on April 25, 1880,
Charles W. Garland filed soldier's de-
claratory statement for the land, and
June 20, following, he made home-
stead entry therefor.
On July 10, following, Charles B.
Hunt tiled his affidavit of contest, al-
leging prior settlement.
Upon the hearing which was had
September, 16WO, the register and re-
ceiver, in a short decision, found that
Hunt was the prior settler on the
land, and recommended the cancella-
tion of Garland's entry. On appea1.
your office by letter dated April 2,
18W2, affirmed that action, stating,
however, that "It is difficult to deter-
mine in whose favor the preponder-
ance of evidence rests," and adding to
that statement the reasons which in-
duced the action, viz: "In such cases
it is the established rule to sustain
the decision of the local officers, who
had the advantage of judging the per-
sonality of the several witnesses who |
testified before them."
A motion for review of your office I
decision was overruled, August 0, 1802,
on the grounds that the evidence is
conflicting, and that "it is the practice
of this office to give great weight to
the joint decisions of the local officers,
before whom the testimony was taken
and who had the opportunity to ob-
serve the manner and bearing of the
witnesses when giving their testi-
mony."
An appeal brought the case before
the department, and in the decision,
review of which is sought, the judg-
ment of your office was reversed,
Hunt's entry held to be erroneously
allowed, was ordered canceled, antl
Garland's held intact.
Much is said in this motion relative
to the ex parte statement of Garland,
who after his appeal to the depart-
ment filed an affidavit, stating, sub-
stantially, that as a matter of fact. |
the testimony at the hearing was not:
taken before the local officers, as it I
purports to have been. Based upon |
this affidavit Garland filed a motion to (
require the local officers to certify to
the department whether or not they]
or either of them, were present while
being examined, and whether the
register and receiver read the testi-
mony at all after it was reduced to
writing. It was stated in this affidavit
that by agreement of parties the evi-
dence was taken in a room apart from
the land office by a typewriter, the
witnesses having been sworn before
the register and receiver.
In the decision complained of it is
said: "The record does not contain
this stipulation, nor is there anything
in it that would indicate such a course
of proceeding. The stipulation, how-
ever, is not denied by counsel for
Hunt."
The motion of Mr. Garland was re-
fused for the reason that "it appears
that the testimony was thus taken by
stipulation, hence the defendant can-
not be heard to complain."
It thus appearing that the local offi-
cers were not present at the taking of
the testimony, it was held that the
concurring conclusions should not be
given the weight that would attach to
them under other circumstances.
The statement made in Mr. Gar-
land's affidavit relative to the circum-
stances attending the hearing seem
not to have been denied. .No weight
whatever was attached to that affida-
vit in relation to the merits of the con-
troversy; its purpose was to establish
a fact wholly foreign to the issues
raised by the contest.
It is a well established rule that the
findings of fact by the register and
receiver have great weight in the ap-
pellate tribunals when the hearing is
held in their presence: in such cases
they have special opportunities, as
would a jury, in observing the de-
meanor of the witnesses, their appar-
ent candor, their bearing, their earn-
estness. etc., all which elements or
characteristics could not appear of
record.
But when these officers are not in
fact present at the hearing, or when
one or both are only called to the con-
test room occasionally to decide some
disputed question, and when such dis-
ties are performed to return to their
own room to attend to other duties,
leaving the attorneys, the parties and
the stenographer or scrivener to con-
duct the hearing, those officers cannot
in the nature of things have special
knowledge of the demeanor, bearing,
etc , of the witnesses, and their judg-
ment upon the record has no special
weight. It was proper, therefore, not
to give that special weight ordinarily
accorded to the findings of the regis-
ter and receiver, when an averment
was made and not denied that those
officers were not in fact present at all
stages of the hearing, and therefore
had no opportunity to observe the
witnesses, such presence alone being
the basis of the ordinary rule of pre
sumption.
For the reasons herein set forth my
decision of March 21, 1804, is affirmed
and the motion for review denied.
Very respectfully,
Hoke Smith,
Secretarv of the Interior.
The Metropolis of the Kickapoo Coun-
try.
LOCATION AND ADVANTAGES.
| Grand Lot Drawing Held Last Thursday
and Another to Take Place on June
14—Terminus of tlie Choetaw
Kail road — Surrounded
It y Splendid
Tlmner.
iMr. \V. T. Walker arrived in the city
this morniD£ direct from McLoud, the
metropolis of the Kickapoo country.
Mr. Walker is enthusiastic over the
prospects of the embryo city and in a
conversation concerning it he said;
"McLoud is situated on the south half
of section 10, in township 11 north,
range 2 east. The townsite has as
many natural advantages as any city
in Oklahoma and is situated upon a
beautiful high plateau covered with
large trees, and North Canadian river
runs in the shape of a horseshoe on
three sides of the town. Abundant
fall can be had for unlimited water
power and with the tine timber that is
contiguous to the city, manufactories
will be sure to spring up and our
future will be assured.
"The soil is a black, sandy loam and
the timber prevents those destructive
and annoying sand Btorms of prairie
countries and an abundance of water
can be had at a reasonable depth. The
surrounding country is splendidly
adapted to agriculture and will sup-
port a city such as we hope to make
and will make of McLoud.
"A grand drawing for lots took
place on last Thursday and of the 1,567
in the townsite, 3111 were drawn by
the actual residents, only one lot to
the settler. One June 14th there will
be a mammoth drawing for the bal-
ance and excursions will be run on the
Choctaw railroad to McLoud. We
confidently expect a big croud and 1
predict a boom for our city.
"Do you know," continued Mr.
Walker, "that McLoud is situated
within 300 yarns of where the injunc-
tion strikes the Choctaw right-of-way
and as long as the matter is before
the courts our city will be the termi-
nus of that line? Well, it is a fact,
and as there seems to be no diposition
on the part of the authorities to drop
the injunction matter we are liable to
hold that point of advantage for a
long time to come."
After stating that parties were on
the ground preparing to start a paper
and citing to other evidences of pros-
perity Mr. Walker started on his re-
turn to the new city of the Kickapoo
UOOD'S Sarsaparilla wins its why
into the confidence of the people
by the good it is doing. Fair trials
guarantee permanent CURES.
Civit Service Examination.
An examination of applicants for po-
sitions in the postoflice department
was held today in this city. There
were six applicant, but only three—
D. li. Arrell, R. B. Smith and N. F
Mercer—appeared and Uok the exam-
ination. Postmaster Larwell and Mr.
J. W. Snyder conducted the examina-
tion.
Star: The last outrage to be perpe-
trated upon the settlers of the Kicka-
poo country was the taking out of
certain sections after the president's
proclamation was issued whereby a
great many of the settlers can only
obtain rejected filings upon their land".
In the opinion of the most prominent
land attorneys the last allotments
will be annulled. If there is to be
the least vestige of fairness about the
opening, this one clause should be an-
nulled.
ARRtSTED FOR MURDER.
N. W. Wllnon llrouKht In Chargr*! With
killing zt*«-k 1 hatch.
Deputies S. S. Nix and Abe Jones
went to I'erry yesterday with a batch
of federal sinners. They were three
men by the lame of Ward, charged
with perjury, Jerry Small and Geo.
Wood for larcency.
Deputy M A. Kamst-y went to I'erry
today with F. M. Starkey. who is
charged with stealing two horses and
saddles and a six shooter in the Osage
country. Starkey goes up to confess
his sins to Judge Iterier.
Deputy 1'. S. Marshal Will Hodges
will leave in the morning for llrookhn.
N V . with William K. Hazlew. Plead
guilty soine time ago to conterfeitin^
and was sentenced to one yea- in
King's county penitentiary.
Deputy U. S. Marshal Samuel Large
caine in yesterday from the Creek
Nation with (1 W. Wilson, who is
charged with killing Zaek Thatch, on
Rock Creek in the Creek country two
or three weeks ago The murdered
man was an uncle to Wilson and when
arrested had the dead man's money
and goods on his person. He does not
deny the ownership of either but says
his uncle left him in charge of the out-
fit and went to Shawneetown. He en-
tertains hopes that his uncle is still
alive. The corpse of a man was found
near where he had camped. It was par-
tially decomposed and a partial recog-
nition which the officers think is the
missing uncle of Wilson but no papers
were found on the dead man to prove
his identity. Mr. Large will leave to-
morrow for Ft. Smith with his man.
Deputies Chas. Fox and John P.
Jones came in yesterday from Teisim-
seh with John Heard and C. D. Rupe,
charged with selling whisky to In-
dians.
Deputy Ed Kelly arrested and lodged
in jail yesterday J. G. Crump, post-
master at Zion, Ok, Crump is charged
with embezzling postoflice funds to
the amount of $425. It appears that
he ordered some 8450 worth of stamps
for a cross-roads postoflice, and find-
ing he did not need so many, ex-
changed all but about S'-S worth of
them for other goods.
John W. Booth was brought up
from Oklahoma City by Deputy Will
Nix and placed in jail on the charge
of conspiracy.
At the board of trade meeting
Wednesday night the matter of the
hog pens in the city limits owned by
the local shipper was discussed and it
was decided to ask that they be dealt
with leniently and allowed to remain
where they are, under sanitary regu-
lations, for the present, as they bring
a vast amount of trade to the city.
BOTH SIDES GI/EN.
Resolutions For and Agalntt the Helen,
ttou ol I'rofessor Aunt In.
There seems to be a diversity of
opinion among the patrons of Lincoln
school as to the value of the services
of the late principal. I'rufe^sor Austin.
Both sides of the matter are given in
the following resolutions. In the first
set there is desire for his retention.
They are as follows:
Whkkeas, There has been consider-
able trouble and misrepresentation re-
lative to the principalship of Lincoln
School, and
Whkkeas, We have had a very suc-
cess'ul session under the management
Of Prof. T. J. Austin, and
Wukrkas, We have known him to
be an honorable and conscientious
Christian gentleman an able and learn-
ed teacher, who has the best interest
of the school at heart and always at-
tentive to duty. Therefore be it
Re*olx>ed, That we are satisfied
with Prof, T. .1. Austin as principle of
our school and request the sell ool
boar 1 to retain him as such. And
further, that we request members of
the school board of this, the Fifth,
ward to vote for and sustain Prof.
Austin as principal of our school.
Rt sol ved, That a copy of these reso-
I lutions be given to the school board
' and to Messrs. Burke and Iiay.
H. M. Pai.mkk, Chair.
D. G. Horton, Sec'y.
Other school patrons remonstrate
against the retention of the principal,
as follows
Whkrkas, Since the Austin resolu-
tions purported to have been adopted
at a recent meeting, when in truth
and in fact they were endorsed by but
twelve persons by their signatures
out of a possible fifty-five or sixty in
attendance, and
Whereas, no stronger proofs of the
charge against Austin being true than
his exhibition of temper at said meet-
ing, which is the principal cause of
our request for a change, in that his
executive ability is wanting (that
there is trouble his resolutions admit),
hence the justice of the charge against
him. Therefore, be it
Rctohwl, That the school board be
| requested to make a change, in the in-
terest of future harmony, if for no
other reason.
Ri'xoloed, That we commend the
course of Messrs. Cole and Burke in
this matter for their steadfastness to
right G. N. Perkins,
Georue Nichols, Chairman.
Secretary.
SCHOOL BOARD MEETING.
luiportant lluHluetiH TraiiKaeted, and
Lawsuits Dismissed.
The school board held a harmonious
meeting Wednesday night at the Cen-
tral building and the good attendance
i proved the interest the people have in
educational matters President Fur-
row being absent,vice President W. S.
Smith called Mr. Seeley to the chair.
The meeting was a special one and
was called to take action on the resig-
nation of Mr Whittaker. which was
reported and accepted.
A communication from the county
attorney was received and read stating
that the case against Mr Whittaker
was still before the court and that the
| election of a successor would be ille-
gal. Laid on the table.
Moved by Mr. Smith that Mr. Mas-
I sey be elected to till vacancy caused
by resignation of Whittaker. Discuss-
ed by Messrs. Houghton and Smitn.
Motion carried and clerk instructed to
i notify Massey.
On motion of Mr. Smith the county
attorney was requested to dismiss the
case against Whittaker and Filson
without costs to the district. Ad-
journed.
Highest of all in Leavening Power.— Latest U.S. Gov't Report
Baking
Powder:
ABSOLUTELY PURE
ft
ft
Downey, Cal.
Rheumatism 40 Years
Helpless, Had to Use Crutches
Hood's Sarsaparilla Cured No
Crutches Now.
"Hood's Parsaparilla has done wondert
for me. when doctors and many other
remedies had failed to relieve me from
the pains of rheumatism. I suffered
ever 40 years, the last 8 of which, I
could not move without crutches or g•
to bed without assistance, being
Helpless In My Lower Limbs.
1 gladly praise Hood's Sarsaparilla,
which has wrought a great change in
a year. I have taken over two dozen.
Eight months ago 1 laid aside mj
crutches and
Can Now Walk
without the aid of even a cane and ran
wait upon myself. I sleep well and have
a goocf appeiite. I am a firm believar
Hood's Cures
in Hood's Barsaparilla." Mrs. Caro-
line Skidmork, Downey, California.
OKLAHOMA ti LANCES.
Talking®, Doings and Thinking* of the
Territory at Large
j The El Reno Democrat says that
[farmers who make from six to ten
I bushels of wheat per acre this year
will be as well off as those who raised
i from twenty to thirty last year.
Capt H. C. Bond, a prominent citi-
zen of Enid was shot Tuesday after-
noon in Hadden's butcher shop by a
man named Kemper, over a disputed
, bill of 35 cents. Bond is seriously
wounded and in a critical condition.
The Woodward News says that over
at Enid the young people have what
they call progressive hugging parties.
Every ten minutes the fellows change
girls. The first fellow to bust his sus-
penders gets to pick h gir for the
balance of the evening.
The El Keno Globe doesn't believe
we are to have a famine as the follow-
ing item well shows; "John Hines
brought into this office a sample of
wheat grown on the farm of Hines five
miles southwest of this city. Mr
Hines has r>5 acres that will go at least
fifteen bushels to the acre.
Mr. S. McDermit, a wealthy squaw-
man of the Creek nation, who was in
Keokuck Falls Tuesday, dropped dead
on his way home. He was subject to
epileptic tits and it is supposed had
an attack and fell from his buggy,
breaking his neck in the fall. He was
a highly respected citizen of the Creek
nation.
Oklahoman. The school board of
lioonville, Mo., elected Prof. I). T.
Gentry superintendent of the schools
of that cit> on Friday last, at a larger
salary than would be paid by Oklaho
ma City, and he has accepted. The
board of education of this city will
therefore have to make another
selection.
Oklahoman: Judge Harvey thinks
Secretary Smith will approve the last
selection of Kickapoo school land made
by him (Harvey), and is looking every
mail for news to thai effect. He says
he is doing nothing for or against its
approval' ;;nd will not. The selection
was made before Mr. Harvey had any
j idea that the country would open so
soon: and hail he had such idea he
would not have made it.
The editor of the People's Voice, of
Norman, has sustained a great afflic-
tion and gives vent to his sorrow in
the following manner "Strayed, last
Monday morning, by slipping through
a very small crack in the pen. a little
Berkshire pig. Information as to its
whereabouts very much sought after
at the Voice office, as it comprised our
whole stock of such critters. The boy
returning the same will be suitably
rewarded."
P H. Brady, the young blood who
eloped from oklahoma City with a
young lady a few days ago. and who
made so much trouble at Emporia in
resisting arrest, was acquitted at his
preliminary trial of the charge of ob-
taining money under false pretences.
The case of seduction was dismissed,
the father of Brady paying all costs,
and the young man taken back to
Atlanta.
It is urged, with some reason, too,
that inasmuch as none of the intend-
ing settlers of the Kickapoo country
knew of the last reservation of school
land, and consequently large num-
bers lost an opportunity of securing a
home by settling on that reserved
land it ought t be declared a part of
the public domain. The government
gave no notice of the reservation cf
1 those sections, but on the contrary,
gave notice by proclamation that they
| were open to settlement. The men
who made the run for those claims
certainl}' have right on their side.
Jack Still well, United States com-
missioner at Anadarko, has returned
from Pennsylvania, a married man.
The happy pair passed down the road
Tuesday on their way to Anadarko,
their future home Col Forsythe's
article in Harper's Magu/.ineon Indian
Wars compliments Jack, declaring that
Still well was the bravest of his scouts.
Stillwell was chosen t<> carry word IV)
miles from Col. Forsythe's beleagured
command at Ft. Wallace. He was
obliged to work his way through the
army of l,00e besieging Indian war-
riors, and 1.200 women and children
that had completely surrounded Col.
Forsythe's band of fifty-one scouts.
Perry Enterprise: It is a very fortun-
ate thing for this Territory that the
government has to pay the I >. mar-
shals for their arrests of parties accus-
ed of selling liquor to the Indians. If
the Territory had the bills to pay it
would be seriously crippled. The ex-
pense is enormous. There is hardly a
flay pa&ses that some poor coot is not
hauled up under this charge and
there is the mileage for the deputy
— and frequently two or three of them—
the prisoner and a guard is taxed up.
There are a number of the deputies
who seem to make this their principal
business. There are some who dis-
dain that branch of the business and
confine their work to catching real
crimnals, but the majority arc a use-
I less luxury.
CLEVEL* NOS' INDIAN VIEWS
l <i |>ortmnt Communication* to the l>awen
Commtaslon.
1 resident ('loveland and Secretary
j Smith have written letters touching
i the work of the Dawes Commission,
I and the Commission has transmitted
; them to the several chiefs, together
with a formal notice «>f their pres-
ence and mission.
i'rssident's letter.
Executive Mansion, i
Washington, Ma. i \
Hon. Hoke Smith, Secretary of the
I nterior.
My,Dear Sir:—Ah the commissioners
j to negotiate and treat with the Five
Civilized Tribes of Indians are about
resumed their labors, my interests in
: t he subject they have in charge in-
I duces me to write you a few words
concerning their work As I said to
the commissioners when they were
first appointed, I am especially de-
sirous t hat their shall be no reason,
in all time to come, to cnarge the com-
mission with any unfair^nealing with
the Indians, and that whatever the
result of their efforts may be, the In-
dians will not be led into any action
which thev do not thoroughly under-
stand or which is not clearly for their
beuefit.
At the same time 1 still believe, as I
have always believed, that the best in-
terests of the Indians will be found in
American citizenship, with all the
rights and privileges which belong to
that condition. The approach to that
relation should be carefully made, and
at every step the good ami' welfare of
the Indian should be constantly kept
in view, so that when the end is reach-
ed, citizenship to them may be a real
advantage instead of an empty name.
1 hope the commission will inspire
such confidence in those with whom
they are to deal that they will be lis-
tened to, and that the Indians will see
the wisdom and advantage in moving
in the dirrection as I have indicated.
If they are unwilling to go immed-
iately so far as we think desirable,
whatever steps are taken should be
such as points out the way, and the
result of which will encourage those
people in further progress.
A slow move of that kind fully un-
derstood by the Indians, is infinitely
better than swifter results gained by
false promises and broken pledges.
Yours very truly.
[signei>[ Grovkk Cley eland.
secretary's letter
Department ok the interior. )
Washington, May ti, 1805. f
Hon. Henry l Dawes' Chairman Five
Civilized Tribes Commissioner, Mus-
cogee 1 nd. Terr.
MN Dear Sir: — Enclosed I hand you
copy of a letter from the President,
in which he discusses the work of the
commission of which you are chairman.
I hope it may aid you to convince the
Indians that this work has really their
own advantage in view The impos-
sibility of permanently continuing the
present form of government of the
1* ive Civilized Tribes, must be appear-
entto these whoconsider the great diffi-
culty already expennced. even by an
administration favorable to the en-
forcement of treaties, in preserving
for them the rights guaranteed by the
government. As the time must come
when they will change their present
system, how much better for them to
inaugurate with you now under an
administration favorable to their
rights, the plan by which this change
will be accomplished.
Very Truly Yours.
[Signed| IIoke Smith
Secretary.
the commission s letter
Department of the Interior, \
Commission to five Civilized ■
Tribes. \
Mchcogkk. i. T,, Mav i i. 18
To the Honorable C J. Harris Prin-
cipal Chief of the Cherokee Nation,
Tahlequah, Indian Territory.
Dear Sir: The Commission to the
Five Civilized Tribes have been dir-
rected to present again to the several
nations for further consideration the
i matter upon which they are authoriz-
ed to confer, and are in receipt of a
letter from the Honorable Secretary
of the Int«f>i< r in which he enelnses
one from the president of the I'nited
States disclosing his great inter, t in
the success of the commission in com-
ing to some agreement with your
people, which will sanction ali your
just rights and promot your highest
welfare, as well as contribute to the
best interests of the whole country'
By direction of the Commission I
enclose to you copies of these letters
with the hope that yon will make them
known to your people, and commend
their spirit and purpose to the favor-
able consideration and co operate of
your nations.
I am, with the highest consideration,
Truly yours,
[signed] Henry l. Dawes.
Chairman.
Hood's Pills are the best after-dinner pills,
Milst digestion, prevent constipation. 26c.
The Paris devotees of fashion are
said to be jealous of Guthrie's innova-
tion in the jewelry line,
Mr. J. Sam lirown, receiver of the
American National bank at Arkansas
City and also receiver of the local elec-
tric light plant, arrived in the city last
night and is looking the plant over
with a view of making some improve-
ments. He will give the plant a gen-
eral overhauling and add some im-
proved machinery. He will probably
expend in all about $8,000.
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Greer, Frank H. Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 7, No. 6, Ed. 1 Saturday, June 8, 1895, newspaper, June 8, 1895; (https://gateway.okhistory.org/ark:/67531/metapth352786/m1/1/: accessed April 23, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.