Newspaper Page Text
YIMTA. AILY CHEEFT Am
VOL XII. NO. 179.
VINITA, OKLAHOMA, WEDNESDAY, NOVEMBER 10. 1910.
FIVE CENTS TER COPY
PORTER SUIT FOR
Case Involving Rent to Building After
Stock Was Turned Over to Trus
tee Heard by Judge Frear.
The suit of Dr. H. L. Porter of Sen
eca, vs. New Vinita Hardware com
pany, Mrs. ' F. A. Klinefelter and
Charles O. Gibson, trustee, for unpaid
balance on the rent of the store room,
now occupied by Shanahan & Mitchell,
was heard in the county court yester
day afternoon, and given to the Jury
about six o'clock. Preston S. Davis
appeared for the defendant and Attor
ney Bennett, of Seneca and E. M. Pro
basco for Dr. Porter.
Mrs. Klinefelter, who had been con
ducting the New , Vinita Hardware
company up to the time of her assign
ment to Gibson for the benefit of credi
tors, claimed that she was not re
sponsible for the rent of the store after
the stock tiad been sold by the trus
The evidence showed that during the
three months for which Dr. Porter is
seeking to recover rent, Mrs. Kline
felter and the purchaser from the trus
tee kept the store locked up while they
settled a dispute between themselves
over the sale. Both had locks on the
door, so that neither could enter ex
cept In company with the other. But
Mrs. Klinefelter retained title to the
fixtures and those remained in the
store until it was finally vacated and
turned over to Dr. Porter.
' The jury was out all night.
This morning the jury in the case of
J. K. Taylor vs. Lewis Rogers reported
that they had not, agreed. Judge
Frear ordered the entire testimony in
the case to be read over, and sent the
jury out again. In an hour or so they
come back with a verdict for the de
fendant, and .were excused by the
court until tomorrow morning.
Judge Frear returned to court this
afternoon at 1:30 to see if the jury in
the Porter-Klinefelter case had agreed.
They were stil locked up and still
LYNCHING AT MANNFORD
PROVES FALSE RUMOR
By Associated Press. -
Tulsa, Okla., Nov. 16. Excited pas
sengers on a Frisco train, started the
false report that a negro was lynched
at Mannford, a town twenty-five miles
west of here, in a dispute over the
weight of a bale of cotton, John Well
and, a farmer was shot and killed by
an unknown negro at Olive. The sher
iff arrested Bud Hickerson on sus
picion and started on the train with
him to -Mannford. Convinced of his
innocence they took him from the
train and' released him-. The passen
gers said no doubt they took him off
to lynch him.
Tulsa, Okla., Nov. 16. Incoming
passengers on the A. V. , & W. train,
which reached Tulsa at 8:40 o'clock
last night, brought the news that an
attempt had been made at Manford,
Okla., to lynch a negro for the killing
of a white man at Olive yesterday aft
ernoon. As communication could not
be established the full extent of the
trouble could not be learned.
It is said that after killing the white
man the negro fled from Olive, in
Creek county, to Terlton, In Pawnee
county, where he was captured by
friends of the slain man. He was- be
ing returned to the scene of the kill
ing on the train when an infuriated
mob took possession of the negro at
Manford and executed summary jus
tice, it is said.
M1LF0RD - BERGER SHOE COMPANY.
Line of Sample Barker Brown
Shoes Will Be On Sale u
" In a Day or Two .
... . ' ' ' . r- '
i - ; , ' ' - -
MILFORDr-BERGER SHOE COMPANY
Built Road In a Day.
Yesterday was set apart in Mont
gomery county, Kansas to build a
model highway from Coffeyville to In
dependence.' From early morning till
late last night the citizens of that
county worked upon the road. Today
the road is finished and from all re
ports it is a credit to the enterprise
of Montgomery county. The expense
was borne by the citizens and was
not paid out of the county fund.
TOTAL ECLIPSE OF
SCHEDULED FOR TONIGHT
This evening there will be a total
eclipse of the moon. The eclipse be
gins at 5:44, eastern standard time
and it will become total at 6:55, 'be
ginning its exit from the shadow at
7:47. The darkest or completest part
of the eclipse will be at 7:21. Even
then, however, it may not be totally In
visible, but shine with a copper or
greenish tinge, the brightest part be
ing on the northern edge. This will
be because of refracted rays of the sui:
being bent within the shadow.
There was an eclipse of the sun No
vember 1, but invisible in this coun
try because both the sun and the moon
had set in this country before this
eclipse had happened.
On Tuesday a magnificent display
of myriad bluish meteors was visible
in the early morning in the constella
tion Leo which will be found in the
northern part of the heavens. This
shower of celestial pyrotechnics, if it
may be so termed, is the same that for
centuries past has appeared in the
regular cycles o? thirty three years.
In 1833 this occurrence was in its full
force in the United States, especially
in the south,and occasioned great con
steration being spoken of by elderly
people as "the stars falling." So great
was the meteoric shower that many
people thought the world was coming
to an end. The display on Tuesday
morning was not vey extensive be
cause the greater part had passed be
low the horizon by that time.
MASTERS HERE TO SOUND
SENTIMENT ON NEW ROAD
It developed at the meeting of G. A.
Masters with the members of the rail
road committee of the Commercial
Club yesterday afternoon that Mr.
Masters was only here to sound the
sentiment of Vinita relative to . the
proposition to build the Porter railroad
into this city. ' fc
Mr. Masters did not announce his
coming for the reason that he is not
yet ready to make a public statement
as to when his company will want to
begin taking right-of-way before Jan
uary 1. Before leaving he said he was
much pleased by the progressive atti
tude shown by this city toward the
building of this road, , .
Gross Revenue Tax Valid.
Guthrie, Okla., Nov. 16. An opinion
handed down today by Justice Wil
liams of the supreme court, held the
gross revenue tax valid and constitu
tional. This reverses the decision of
the lower court.
ATTEMPT TO ADVANCE RATES
THWARTED BY COMMISSION
By Associated Press.
Washington, D. C, Nov. 16. The
attempt, of. about fourteen railroads,
operating between the Mississippi and
Missouri rivers to resume the advances
in rates already condemned from Wash
ington, was thwarted today by the sus
pension of the order announced by the
interstate commerce commission in
the Burnham-Hana-Munger case, of
CAPITAL LOOM CASE
The following is the syllabus of the
state court decision in the capital lo
cation case handed down Tuesday aft
'(1) Oklahoma's enabling act (June
16, 1906) in part provides: The capi
tal of said state shall temporarily be
at the city of Guthrie in the present
territory of Oklahoma and shall not be
changed thereform previous to anno
domini Nineteen Hundred Thirteen."
'The terms and conditions of said
act were adopted by ordinance irre
vocable by the delegates elected pur
suant thereto in constitutional con
vention assembled. Held in a uit to
restrain state officers from in effect
removing the capital from Guthrie
prior to that time pursuant to the pro
visions of an Initiated bill proclaimed
by the governor to have been adopted
by the electors Of the state at -the polls
that said provision so adopted had the
force and effect of law and is binding
on the state unless repealed by said In
"Since congress has no power to
admit a state into the Union, except
on equal footing with the original state
in accordance with the rights, powers
and duties defined by the constitution,
the admission of Oklahoma fixed her
status and that of her people as that
acquired by the other states of the fed
eral union under the constitution any
thing in the enabling act to the con
trary notwithstanding and conferred on
such state the exclusive power to en
act and repeal its own laws, provided
the same enacted be not repugnant to
the constitution of the state or of the
(3) Where in a suit ot restrain
certain state officers from removing
any property pertaining to their sev
eral offices from the city, of Guthrie
and from doing any official act at any
other place, on' the ground that the
initiated bill under which they were
attempting to act had never been ad
opted by the people at the polls, It
seemed to be within the contempla
tion of said bill, which, in effect pro
vided, (1) for the permanent location
of the capital of the state by election,
(2) makes the place receiving a ma
jority of the votes cast at that or a
final election the permanent capital
of the state, (3) declare three certain
cities candidates for the permanent
location of said capital and provides
the form of ballot (4) authorizes any
other city, town or place to become a
candidate upon petition, etc., (5) pre
scribes the procedure for a second
election in the event no candidate re
ceives a majority of the votes cast at
the first election, (6) creates a state
capital commission to be appointed by
the governor, (7) prescribes their ten
ure of office, salaries, etc., (8) makes
said commission a body corporate with
powers to sue and be sued, (9) em
powers Baid commission to purchase
land for the capital site and locate
the state buildings, (10) authorizes the
commission ' to exercise the power of
eminent domain, (11) empowers said
commission to select land belonging to
the state for capital purposes and to
cause the same tp be' appraised and
paid for by the state, (12) authorizes
said commission to plat and sell the
lands thus acquired and create a build
LARGE AUDIENCE SEES -
. "WIZARD OF WISELAND"
The patrons of the Auditorium met
with a surprise last night. The great
er number wto attended the "Wizard
of Wiseland" went With the expecta
tion of seeing a rather ordinary musi
cal farce. This idea was probably the
result of the cut in the price of ad
mission. However a large audience
took the thance and when the extra
vaganza was over the universal opin
ion was that the "Wizard of Wiseland"
was all that had been claimed for it.
The chorus was not as good as many
others that have been here, and dur
ing the first few minutes of the first
division the audience was restless, but
as the frolic progressed It became bet
ter and at the end had the audience
in a Jolly frame of mind.
The comedy work of Nat Phillips as
Ikey Goldenburg was greatiy appre
ciated and it may be said that the wit
.of this "son of Israel" Is. t'ae life of
the show. The most pleasing feature
of the show however, was the singing
of Marie Milson, as Rosabel Doe. Her
voice was the charm of the evening.
ing fund, (13) enipooeib ald commlS'
sion to employ engineers, architects
and clerical help at the expense of the
state and fix their compensation, (14)
empowers said commission to enter in
to a contract for the construction of a
capital building, subject to the ap
proval of the legislature, (15) makes
an appropriation of six hundred thou
sand dollars for the use of said com
mission; to submit to the electors of
the state for their adoption or rejec
tion at the polls, three questions, to
wit: "Shall it (the bill) be adopted;"
"shall the capital be located,"- and
"shall the capital of the state of Ok
lahoma be permanently located at?"
(one of three certain cities, naming
them); that said question, "shall it
be adopted?" prescribed by the act of
April 16, 1908, Sec. 10, was omitted
from the ballot; held that said bill
was not adopted, and hence failed to
become a law; held further, that an
affirmative vote upon the question sub
mitted, "Shall the capital be located?"
did not include an affirmative vote
upon the implied question not submit
ted, "Shall it be adopted?" held also
that as said officers were attempting
to act without authority of law which,
if permr.ted, would involve an unlaw
ful expenditure of the moneys of the
state, It was not error for the trial
court to grant the temporary Injunc
tion complained of.
Privy Council is Called.
By Associated Press.
London, England, Nov. 16. King
George summoned the privy council
to meet today, presumably to obtain
the advice of the councllers regarding
his course in the matter giving Pre
mier Asquith guarantees to increase
the number of peers sufficiently to
support the government in It's policy
of reforming the house of lords. This
summons brought together the leaders
of both parties. .
PORTER ROAD HAS BEGUN
Guthrie, Okla., Nov. 15. The Cherry
vale, Oklahoma and Texas company,
known as the Stubb's-Porter road be-
cause It was first promoted by the
present Governor of Kansas and State
Senator Porter of Caney, has recently
started condemnation proceedings in
the district court at Bartlesville for
right of way through Washington coun
ty and has filed also there a mortgage
for $20,000,000 in favor of the Carnegie
Trust company. Two , Oklahoma.
branches of the road are provided in
the charter, one southeast through' the
state to Siloam Springs, Ark., the other
southwest to Geary In Blaine county
Arnett in Ellis county and Taloga in
Dewey county, two of the western Ok
lahoma county seats that are without
railroad facilities, are expecting an im
mediate realization of their hopes for
a road through the building of (lie
Mountain, Valley and Plains railway.
Financial arrangements for the build
ing of the line eastward from Cimarron
N. M., to Guthrie have been made and
it is understood contracts will be let
in the near future.
Stockholders of the proposed Oiage
and Western railroad have, during the
past week, bought In the property of
that company, which was to have beon
sold at Billings to satisfy judgments
against it for debts. The understand
ing is that the work of construction
will now be resumed, the lice to be!
built as a Katy extension through the j
Osage Indian country to Billings and ,
Enid. J j
Oscar Ayres of Chickasha, president
of the Chickasha, Ardmore and Law
ton company, announces that he has
made financial arrangements to guar
antee the building of the entire ISO-1
mile road westward from Ardmore.
Continued to Feed Corn.
William Shies was arrested yester
day by Deputy Clark, on a charge of;
larceny, lodged against him by J. W. j
Thunnan, of Westville. It Is claimed
by the prosecution that Shies, who
lives about eight miles west of Vinita,
had mortgaged his crop to Thurman, j
and that the crop had been sold under '
the mortgage November 1st, but that
Shies continued to feed the corn to
his stock, after Thurman had bought '
it in. Shies was arraigned before
Justice of the Peace Meredith and gave
bond to appear for trial November 22.
May Not Call Session,
By Associated Press.
Guthrie, Okla., Nov. 16. Great pres-
sure is being brought to bear upon
Governor Haskell In an effort to in
duce him not to call a special session
of the legislature, to take action on the
capital location question. The Indica
tions are that the matter will go over
until the regular session of the legisla
ture in January.
UNDER MAYOR'S DIRECTION
LIGHT POLES ARE CUT
Clay Center, Rans., Nov. 16. Under
the direction of Mayor liana of this
city, ten men, lead by City Clerk Guy
Martin, today cut down the poles and
severed the main cables of the local
electric light company in an. effort to
destroy the service of the company.
Litigation growing out of differences
between the city administration and
the company Ss now pending In the
BURGLARS AGAIN SUSY
AMONG VINITA MERCHANTS
Burns' Grobery and Pegues Drug
Store were entered last night by an
unknown thief. Burns lost only a few
nickels and dimes, but about $15 were
taken from Pegues' cash drawer.
Mr. Pegues left his store and locked
up for a few minutes about nine
o'clock last night and went out to the
restaurant for a bite to eat. When he
came back, the mischief had been
done. The back door was locked and
the key, which had been in the lock
was missing. The key was found in
the yard this morning.
It was at first supposed that some
one stole the key from the inside of '
the door and then, keeping watch on
Mr. Pegues, entered when the coast possible to assess will be nine hun
was clear. But this morning a brok-'dred thousand dollars. 1 1
en window was discovered in the back
of the store. There Is nothing to in- Kansas Postoffice is Raided.
dicate whether the, thief entered by By Associated Press.
the window when he got the money, or Wellington, Kans., Nov. 16. The
came back again during the night. If post office safe at Portland, fifteen
he came the second time he had hlslmiles south of here, was blown open
labor for his pains.
The Burns' store was entered by a
window in the rear which had been
There are no clues to the perpetra- j
ior oi ine two crimes.
Talbert H. Thompson and Miss Maud
M. Mode, both of Grove, were married
at the Cobb Hotel last evening by Rev.
A. J. Williams. The ceremony was
followed by an informal reception in
the hotel parlors. Mr. and Mrs.
Thompson left last night for Dallas,
Tex. Mr. Thompson is the cashier of
the Bank of Grove.
The bride was formerly a Vinita
girl, being the daughter of the late
Isaac Mode, who resided here for a
number of years. She has a large
number of friends who wish her much
Joy in her new sphere.
LOOK THE TOWN
Go to every shop and look at their best. Then
come here and look at our best. Learn what
positive style is what it can be when it comes
from the New York and Chicago Tailor Shops.
It is seldom we have had such clever styles to
offhr and we want every man to come and see
them as often as he can. Familiarity will not
breed contempt in this caoe it's more likely
to create a desire to possess.
Jumbo Mer. Co.
The Exclusive Clothiers
BY COURT RULING
Attempt to Have Penalties Aggregat
ing $30,000,000 Affixed is Destroyed
by Devision of Judge McCall.
Jackson, Tenn., Nov. 16. The in
dictment of the United States against
the Standard Oil company of Indiana,
so-called Grand Junction concession
charge, by which it is sought to have
the assessed penalties aggregating
thirty million dollars, stands shorn of
The prosecution met with reverses
in the ruling of Judge John McCall
in the United States circuit court yes
terday as to a point of law which in
one sweep dwarfed the monetary feat
ure of tho Issue by twenty-nine mil
lions and in general played havoc with
the bifl of charges set up by the gov
ernment. In effect was the ruling ot Judge
McCall that within the meaning of
the Elkins law governing the inter
state commerce statutes which forms
the basis for suit, a settlement and not
individual shipment would constitute
In the indictment returned, it is
charged that the Indiana corporation
committed fifteen hundred offenses,
basing each of the counts on a ship
ment from the company's refinery at
Whiting, Ind., to points in the south
east, through Grand Junction, Tenn.
The evidence presented was declar
ed admissible and shows only forty
six settlements of all monthly trans
actions between the Standard Oil com
pany and the carriers named In the
bill within the years covered.
Hence, should the defendant com
pany be found guilj,y on the charges
now standing, the maximum penalty
this morning and two hundred dollars
in stamps and twenty dollars in. cash
.taken. The robbers escaped into Ok-
lahoma in buggies.
STATE GEOLOGICAL SURVEY
The announcement was made today
that L. L, Hutchison, for the past two
years assistant director of the Okla
homa geological survey, is no longer
connected with that bureau. rfMr. L. C.
Snider, chemist of the survey, has been
advanced to the position Of assistant
director, and Mr. Frank Buttrom, a
graduate of the state university, b.as
been appointed chemist to -succeed Mr.
OVER FOR YOUR