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The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, November 20, 1912, Image 1

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VOL XIV. NO. 174.
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
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
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abling act repealed the law of 1895 as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
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
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 " immortalized by the
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.
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
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.
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
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.
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.
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
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
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.
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
, 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
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,
State department, 10 persons $644,
000. Treasury department 122 persons..
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
Agricultural department, 28 persons
Library of congress, one person,
Library employees not under civil
service $348,160.
Civil service commission three per
sons $18,500.
White house staff, lour persons $18,-
Postoflice department 12 persons.
P Department of Justice 52 persons.
Commerce and labor, 67 persons
Ambassadors and ministers, 43 per
sons, $510,500.
Secretaries to embassies and lega
tions 04 persons $139,175.
Consuls and consular officials $1,
Interstate commerce commission, 7
persons $70,000.
Government printing office 1 person.
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

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