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YIMTA. AILY CHEEFT Am
VOL XII. NO. 179. VINITA, OKLAHOMA, WEDNESDAY, NOVEMBER 10. 1910. FIVE CENTS TER COPY PORTER SUIT FOR IS 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 tee. - 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 arguing. 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. HEARD 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 Kansas City. srw of CAPITAL LOOM CASE The following is the syllabus of the state court decision in the capital lo cation case handed down Tuesday aft ernoon : '(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 itiated bill. "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 United States." (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. bin 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 CONDEMNING RIGHT-OF-WAY 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 court. 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 Ieft unfastened. There are no clues to the perpetra- j ior oi ine two crimes. Mode-Thompson Wedding. 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 CLEVER 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 STANDARD AIDED 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 Its magnitude. 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 offense. 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. HUTCHINSONTO LEAVE 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. Snider. OVER FOR YOUR CLOTHES!