Newspaper Page Text
VINITA DAILY CHIEFTAIN.
VOL XIV. NO. 174. VINITA, OKLAHOMA, WEDNESDAY, NOVEMBER "20. 1912. FIVE CENTS PER COP ANOTHER TEST ' LIQUOR CASE Case Decided By Judge Campbell In vadldates Over 300 Indictments Nq Federal Offense. Muskogee, Okla., Nov. 20. It is no offense against any federal statute to ship liquor from the western part of Oklahoma to the eastern part, and any and all indictments returned for in troducing liquor into eastern Oklaho ma are held for naught, unless in the indictment it is specifically stated that the liquoiy was introduced from with out the state. As none of the indict ments returned are so worded, all the work of the United States marshals, and enfoi cement officers in eastern! Oklahoma for two years has amounted j . , ,, I, mnA thnncandc nf f(nl- ! lars spent by the federal government to suppress the liquor traffic in Okla homa has been spent in vain. This is the effect of a sweeping decision hand ed down by Judge H. E. Campbell in the United States district court yes terday, when a demurrer to an in dictment returned against Bob Wright of Muskogee was sustained and the accused was ordered discharged from custody. Bob Wright was indicted for intro ducing liquor into eastern Oklahoma, or Indian country. This indictment was demurred to, counsel for Wright among other things claiming that the government would have to allege and prove that the liquor alleged to have been introduced came from without the state. The Wright case was con sidered a test case, for in none of the 300 or more indictments was it alleged that the liquor was introduced from without the state, the United States district attorn?' contending that it was an offense against the federal gov ernment to introduce liquor into Indian country no mutter from whence it came. In' the decision rtndered by Judge Campbell today in which the court sus tained the demurrer to the indictment, the liquoi business tu eastern Okla homa was gone into in an exhaustive manner and it may now be safely said that the last word has been said and all doubts have been dispelled. Judge Campbell in substance held that by the provisions of the enabling act and other legislation on the part of the state of Oklahoma, the state assumed and did secure ' sole and exclusive jurisdiction in the enforcement of the nrohibition and regulations statutes as ar as the state is concerned. The en abling act repealed the law of 1895 as far as shipments of liquor in the state of Oklahoma was concerned and as the -United States court would now construe the act of 1895 it should read "from any point without the state of Oklahoma." Continuing the court said: "In order to give the federal court jurisdiction it is necessary that the introduction o fthe liquor should have been from a point without the state. This is an essential element of the offense so far as the federal courts are concerned and should be charged in tlK indictment." The court -isions1 of tlu then reviewed the de United States supreme court in the Webb case, also the minions of Justices Pitney and Hughes a'ld the decisions ot tne cir cuit court in the Friedman and Mosier cases, referring also to the decision of Judge Cotteral of the weBtern dis trict of Oklahoma. It was held in substance that Oklahoma had assumed jurisdiction of all liquor after it ar rived in the state and the govern ment was out of the game as far as criminal prosecution was concerned. The decision does not mean smooth sailing for Mr. Bootlegger however lor as stated by the court in the Wright case, liquor is still contraband property in eastern Oklahoma and un der the provisions of section 2140 it still can be seized and destroyed when ever found. The effect of the decision is that there can be no criminal prose cution by the government for introduc ing liquor unless the proof shows that it was introduced from without the state. It is however an offense against the laws of Oklahoma to transport liquor inside the state, also to sell it, and the bootlegger still has a hard road to travel before he reaches the land of peace and prosperity. "FAUST." "Faust " immortalized by the late Lewis Morrison and one of the most ;erpetually popular plays ever writ ten, comes to the Grand Sunday. No vember 24th. Old. yet ever new this spectacular drama has been entirely renovated and brought up to date with an entirely new and magnificent scenic and electrical equipment and beyond a doubt is one of the most beautiful and elaborate spectacles ever pro duced. The cast contains many well known names, several of which have been identified with this production for a number of seasons. Among those most prominent are Anthony Andre, who played Mephisto for three years with Porter .1. White's company and is again seen In this role of His Sa tanic Majesty; Charles Richards, who was with Lewis Morrison for several seasons is appearing in his old role of Faust; Chas. Wilkinson as Valentine; Miss Rosamond Thompson, as Mar-gaurite. OKLAHOMA QUAIL WANTED IN EAST Cruce Receives Request For 300 Pair From President-Elect. Oklahoma City, Nov. 20. Governor Lee' Cruce received a telegram Tues day from Joseph P. Tumulty, private secretary to Governor Woodrow Wil- i son of New Jersey, asking for 300 pairs of quail for the use of the state of New Jersey. This state has a large game farm for the propogation of fowl which are becoming scarce there. The telegram is as follows: "Gov ernor Woodrow Wilson, who author izes our state fish and game commis sion to obtain quail for propogation purposes, would greatly appreciate your giving an agent a permit to ob tain there for our new state game farm, where we have every facility for success in raising the birds. We will need at least 300 pairs and wiH gladly leciprocate in, any way passible. May we have your early reply?" Governor Cruce has not yet given his opinion in the matter. If he should decide to grant the request, the state game warden will be instructed to se cure the fowl and provide for their rtra asportation. I here has been In the past some objection on the part of land owners to snaring birds for trans portation outside the- state, probably on account of misunderstandings re garding the purposes. This is not an ticipated where the purpose is for pro pagation. "THE SOUL KISS" The coming of the Musical Coiuedy from the pen of Harry B. Smith will mark Tuesday night December, 3rd one of the musical nights of the seas on with a run of 300 nights at the New York Theatre New' York, and 200 night at the Colonial Theatre, Chicago, be sides its four tours throughout Amer ica, the recomendations or commend ations would be Komewhat superfluous. The "Soul Kiss" has never been given wonderious credit for a plot. It is the simplisity of the story that real ly adds additional charms. The fact that a young artest who lias caused a sensation in Paris, is beseiged with all the avaiiable marriagable daughters, but' he, in his artistic temperment, is vent on marrying the girl that can satisfy li i in with a kiss from the soul. The devil, who of course is in the guise of a gentleman lurking in Paris, be comes Interested in the artest, and be comes his chaperon, while searching for that same "kiss that rises to the lips from the heart." "The Soul Kiss." Aside from this intense question, all else becomes light, jollity, music and dancing. There are six complete scenes in the production, each having their large ensembles, their duets, their classic songs and interspersed fun in the com edians, who in turn have their paro dies and comicalities. Among the principals of the original cast to be seen here are several who were pres entedin the original production. More particularly, Sam M. Lewis, who will be remembered by all those having seen the city production as Soloman Slavinski. The rostuming of the play is equal to the original production. This is ipositive assurance of the man agement. The original lyrics and mus ic will be heard and no one needs fear in attending the performance: of u kscphuns ah sle fe eokkt vb leaving it, without having felt the sen sation of a wholesome play, a clean and inviting theme and a picture of handsome feminity and beautiful col ors. C. M. Newman, John Humble, lid Williams, Fred York, Henry lirooks and Josh Hendrex are here from Welch today attending court. THE PORTER ROAD WILL BE BUILT Work of Building Line to Be Resumed Soon Judge Pollock Decides Against French Agent. Oklahoma City, Nov. 19. As a re sult of the decision of Judge Pollock in federal court, giving judgment to the promoters of the Cherryvale, Okla homa & Texas Railway company against its French financial agents for $480,000, claimed to have been with held fraudulently, it is announced by President Brewster that work on the road will be resumed in the near fu ture. The origi.ial plans for the road were made many years ago by Senator Por ter and W. R. Stubbs, now governor of Kansas, who was defeated at the elec tion November 5 for the United States senate. The line was to run from Caney, Kans., to El Paso, with a branch southeast from Caney into Ar kansas. To France for Capital. Failing to get the requisite linaneial backing in this county, Porter went to Franch and, after many difficulties, ar ranged fo rthe sale of the bonds of his road. He returned and commenced con struction work, completing the Arkan sas branch most of the way from Ca ney to Nowata, Okla. Then the Car negie Trust company of New York, trustees for the French bankers, sus pended and tied up the work for some time. After its affairs were straigh tened out, it was found that the Paris bankers were withholding the money from the sale of bonds. They had forwarded $325,000, but had failed to account of $480,000 of the money which had come into their hands. The decent suit was the re sult and, the matter settled, it is not believed anything else is likely to come up which will delay further the con struetion of t he road. At the Idle Hour. The writer had one of those Idle Hours last evening and decided to spend it at the Idle Hour Theatre, and to say the least it was an hour well spent. This hustling manager, J. H. Brooks has built up one of the best little moving picture shows in town against great odds. His pictures are the yery best that can be bad, and lie uses every effort to give his patrons the best of everything. His estimable wife has charge of the music depart ment and this is one of the strong fea tures of the show. Mrs. Brooks plays with a grace that makes the music loveh ; with her every thing is har mony. She does not play the usual rag time and fake music usually play ed in picture shows, but has before her the very latest and best music ob tainable from the very best w-riters. Fox Chouteau, Vinita's best violin player, has been employed to assist her and the music alone is worth the price of admission to this show. Liberal Offer to Football Team. Friday night Manager Dan Myers, of the Grand Theatre, and the Morgan Stock company have decided to turn over both boxes at the Grand theatre to the football boys and the visiting team, and not only that but the Mor gan Stock company are going tp do nate the use of their excellent band to the boys, and will lead a parade from the opera house at 3:30 to the football ground, and will root for the boys here at home, and they say that the Vinita boys wi'l have to win or they w ill pound all the end out of their old big drums. This is a liberal offer on the part of the Morgan Stock com pany and Manager Myers and if the rest of the town will do as much to assist the boys they are sure to carry off the state championship. Something New. Dr. Chapman has something new in the way of a show w indow, at his Red Cross Pharmacy, which is one of the most attractive windows in town. It is an advertisement of Dr. Drake's Croup Remedy. An electric fan in the center of the window keeps a dozen or more rubber balloons Moating in the air, while the Old Gray Goose is fly ing In theopen somewhat above them carrying the little tots (children) on their backs away to safety f: m that long dreaded disease, the crnnp, which any child can have by buying a bottle of this remedy which is cmsing so much attraction. Br. CI: ".nan says hp will give one of the balloons with each bottle of Dr. Brake's Croup rem edy purchased. DICK GORLEY SHOOTS HIMSELF During a fit of despondency, brought on by an ill-fated love affair, Dick Corely shot and fatally wounded him self early this morning. The attempt at suicide occurred at the home of Chas. Hockett. with whom the boy had been staying for some time, shortly after eight o'clock. Young Corely is subject to what are called cateleptic tits and while suffering one of these has no control of himself and is be lieved to have been in one of these when he attempted to take his life to day. He had been in ill health for several days and the morbidness of his thought ended in his probable sui cide. The bullet entered the body about two inches below the heart and pene trating entirely through his body came out several inches lower near the kid ney. Drs. Craig. Jackson and Ilerron were called and performed an opera tion later in the morning and say there is but Mat chance of recovery. Young Corely is well known in town and has a large number of friends to whom his desire for death came like a bolt out of a clear sky. He has been working for some time as mail man at the Katy and was well liked by all who knew him for the good reputation he bore. DISTRICT COURT NEWS. Tuesday noon: Court convened in regular session. Criminal Case No. 1118, State of Oklahoma vs. Tom Hub bard. Defendant waives reading of Information and enters plea of not guilty. Case set for November 21. Civil Case No. 1183. L. B. Camp bell et al vs. Sam Rogers, et al. Cause dismissed at plaintiffs' cost. Civil Case No. 1135. The Walton Trust Co., vs. John H. Crutchfleld. De fendant given five days to file answer. Criminal Case No. 117. State of Ok lahoma vs. Joe Huffman. Demurrer heard and overruled, defendant per mitted to stand on present bond. Civil Case No. 1215. John C. Bar ker vs. S. A. Snadlng. Judgment for plaintiff against defendant, for $575.00, with interest at 6 per cent, also for attorney fee of $60.00, Civil Case . .o. 194. The Demmiug Investment Co., vs. Chas. Hughes, et al. Stricken from docket. Civil Case No. 104. George Ming vs. St. Louis & San Francisco Railway Co. Mandate of supreme court ordered Spread of record and judgment on mandate as per terms thereof. Civil Case No. 530. E. M. DeMoss vs. J. II. Quigley. Cause continued o;er the term by agreement. i Civil Case No. 128. Eliza Mills vs." J. C. Payne. Stricken from the docket and dismissed by plaintiff at plaintiff's cost. Civil Case No. 077. W. R. Badgett vs. Wm. l.ndwick et al. Dismissed by plaintiff at jlaintiff's cost as per stip ulation. Civil Case No. 700. J. S. Davenport vs. Kate M. Murckhalter, continued DVer term by agree"ment. Civil Case No. 701. W. R. Badgett et al vs. Wm. II. Ludwig et al, dismiss ed by stipulation. Civil Case No. 745. ilenryetta .lohu Bon vs. Frank Johnson, continued for service. Civil Case No. 939. State of Okla homa ex rel vs. W. M. Raines, dis missed on motion of county attorney. Civil Case No. 990. State of Okla homa ex re! vs. Oths Tittle, continued by agreement. Civil Case No. 1064. M. K. Gribbs vs. Commonwealth Land Co.. continu ed for service. Civil Case No. 1059. State of Okla homa vs. Otis Tittle, continued. The following petit jury were em panelled this morning: Fred York, R. J. Fields, Robert Heater, C. T. Har grov. Josh Hendrex. A. C. B. Allen, John Humble, G. O. Alexander, C. M. Newman, C. M. Stockton, J. E. Shan non, Henry Brooke, G. w. Ryan. Walter Glenn, J. T. Adair, J. T. Root, F. E. Nix, Ed Fields, W. G. Graham, W. Hill, J. C Taylor, J. W. Ford. Tom Jones and C. H. Perry. The first jury trial called this morn ing was the State of Oklahoma vs. ('barley Bay et al. Jury empaneled, and case started at 1:30. This is a case in which Hay is charged with the larceny of some money which he is charged with picking from the poc kets of Marion Holderman on the tenth day of February, last. Dode Harrison, t lie Adair chilli king, was doing some shopping here today. Mrs. L. R. Scott and Mrs. W. C. Mans made a drive to Adair this morning. City Fathers Meet. The city council held its mid-mouth meeting last night, this being the so called short session. .The principal business last night was the receiving of bids for the city printing for the fiscal year ending June 30, 1913. and the passage of an ordinance providing for the funding by the district court, by bond Issue, of about nine thousand dollars in outstanding warrants. Four bids for the city printing were submitted. The bid of the Chieftain, to publish all ordinances, resolutions, legal notices, etc., the the rate of forty cents per ten lines of six point, uon puriel type, was accepted and a reso lution naming the Vinita Daily Chieftain as the official organ of tlie city was unanimously adopted. The Leader submitted a bid of 33 1-3 cents for the publication of these no tices. The council, decided however, that the advantage of having the ordi nances published In a daily paper more than offset the uiri'Tenee in price As an example of this if the law re quired the publication of an ordinance twice In a weekly paper it. would re quire five publications in tile daily. Thus say a notice of ten lines twice in a weekly at. the Leader's bid would cost CO 2-3 cents, while five publica tions In the Daily Chieftain would cost but 80 cents. In this way the bid of the Chieftain was decided to be for the best Interest of the city. An ordinance wns passed providing for a hearing on January 7, on the proposition to vacate a certain road way in block 13 in order to square up that block. SCHOOL STRIKE AT CHELSEA Students Struck Because The Teacher Refu3ed to Apologize. Chelsea, Okln., Nov. 19. Thirty Chelsea high school students who went QU.a-atrike bore -Monday today return ed to the studie -following a patching up of the diffiulties by the board of education. , The students struck because one of the teachers, Miss Delia Hillhouse, ac cused a junior, Harold Crosby, of steal ing her grade book. The evidence produced by the stu dents is said to have shown that Cros by had nothing to do with the theft, and consequently the students de manded an apology from Miss 1 1111 house, which she did not make. Then the students, thirty strong, marched from the building in a body nnd went, to the headquarters of the school board, asking that a session of the board be held immediately to set tle the matter. This request was not graiueu auu uie sruacnts sirucK. Today, however, matters were sat isfactorily adjusted and the strikers went back to the school. Sale of Ribbon Suitable for Xmas Fandy Work 25c Plain Ribbon 19c A special lot of plain "hair bow" ribbon in red, blue, pink, rose, white, black, brown, London smoke, etc. 5 1-2 inches Qn wide. Excellent 25c value for IwU 50c and 35c Fancy Ribbon for 35c and 25c An assortment of of fancy Holiday ribbon, 5 and 5 1-2 inches wide, fioral and Persian designs in a variety of Ro na OKl colors. 50c and 35c values for OUt ZUl See Our Window Display DEMOCRATIC PIE TO BE SERVED Washington, D. C, Nov. 20. After the issue of the high cost of living the one of patronage will no doubt be uppermost in the minds of the sena tors and representatives at Washing ton after the incoming of the new ad ministration. How much patronage there is to be distributed by the new president is difficult to say. The re cent order of President Taft, placing 35,000 third and fourth class post offices under the civil service takes about one-half of those offices from the class which heretofore fell as spoils to the victor. A summary of the positions at the, disposal of President Wilson on his inauguration granting that all are va cated at that time Includes the fol lowing: Nine cabinet offices at $12,000 each, $108,000. State department, 10 persons $644, 000. Treasury department 122 persons.. $552,000. Collectors of customs and assistants, at $100,000. War department 4 per sous $15,400. Navy department, four persons $14, 200. Interior department, 62 persons $1X2,100. Agricultural department, 28 persons $86,000. Library of congress, one person, $6,500. Library employees not under civil service $348,160. Civil service commission three per sons $18,500. White house staff, lour persons $18,- 500. Postoflice department 12 persons. 148,250. P Department of Justice 52 persons. $108,400. Commerce and labor, 67 persons $292,000, Ambassadors and ministers, 43 per sons, $510,500. Secretaries to embassies and lega tions 04 persons $139,175. Consuls and consular officials $1, 947,000. Interstate commerce commission, 7 persons $70,000. Government printing office 1 person. $5,500. Commissioners of district of Colum bia, 2 persons $10,000. Federal officials, numbering 9,006,. out side of Washington, including post masters of all grades, marshals and attorneys, etc., $27,018,000. Total $30,837,885. This is a pretty good list, and when taken In connection with the large number of states which have fallen into democratic line this year there should be enough offices to gr around and make everybody happy and con sent. j