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V IN IT A DAILY CHIEFTAIN. VOL XIV. NO. 209. VINITA, OKLAHOMA, WEDNESDAY, JANUARY I. 19K5. FIVE CENTS PER COPY REFORM OF FEDERAL GQURT RULE DRASTIC Supreme Court Has Taken Leadership He Tells Members of Oklahoma Bar Association. Oklahoma. City, Dec. 31. Frank B. Kellogg of St. Paul, president of the American Bar Association, who was the principal speaker before the Okla homa Bar Association, which began its annual meeting today, eulogized the supreme court of tb United States for promulgation of new rules which go into effect February 1, mark tag informs in procedure and eliminat ing delay. The rules also furnisk an expeditious and comparatively in expensive system of equal procedure, whereby men of moderate means can take a care through the federal court without bankrupting themselves. Mr. Kellogg said in part. "The people generally do not know that the supreme jurt of the United States, which .d by 'certain classes of political orators charged with feeing 'the last entrenchment of vested in terests,' has in advance of congress, in advance of most of the legislatures of the various stiftcs, instituted a sweeping reform in federal procedure which should toe a -model for the legis latures of the various states in re- forming the practice- within the state lurlsdictiocr., "In my jflludgmeut these rules are the most radical, advanced step in the reform of procedure ever taken by any body, cither legislative or Judi cial Importance Not Realized. Had this reform of federal pro cedure been enacted by congress it would have been hailed through the lenth and breadth of this land as a great achievement of a dominant po litical perty, and orators would have j?xpond?d these principles from the stump. I am sorry to say that this great work of the supreme court has received but brief and passing notice m the journals 'dC the country and the people generally have little 'knowledge of what has heos done. "There is also an important rule regulating the issuance of preliminary injunctions. There has been much said in the uewspapers about the abuse of the power of the injunction by the rfederrtl.aourts, mucb said that; is without foundation. An examina tion which 1 made before the passage of the act of congress referred to satisfied me that the cases where such abuses had taken place were few but that undoubtedly such abuses did take place nnd should be and will be rem edied by this rule. The American Bar Association, realising the benefits of such reform, has instituted a move ment which President Tat has rec ommended to congress, that congress authorize the supreme court to pro vide by itales for iorms anfl procedure n actions at law as well as in equity and I believe if congress will confer jpon the supreme court such power vith reference to actions at. law that CM court will instisutte man reforms which the pressure of business upon Congress prevents it from doing." Contiitutiona'frty of Laws. The question of the authority of the supreme oourt to declare laws un ' onstitutional was" discussed at con siderable length. The claim made that the constitution confers no such power upon the court was -declared by Mr. Kellogg to Vf wholly Without founda tion. "It is said that congress should be the judge of whnt laws Should be passed us well as of the constitution ality thereof, he continued. "Of course thin means the abolition of all constitutional restrictions. What is the necessity of a bill of rights which declares among other things that no person shall be deprived of life, liberty or property without due process of law, or that private prop. WILLOW CALF BUTTON BOOTS Our "big misses" low-heel, mannish shoe which has been such a favorite this fall is again in stock all sizes and also SEVERAL OTHER NOVELTIES M1LF0RD - BERGER SH0 COMPANY erty shall not be taken without just compensation, If tho men who passed the law are for themselves to decide whether it is constitutional or not? That is not constitutional government it is absolute, unlimited democracy without restraint. "In the great evolutionary changes of political and industrial conditions in a rapidly developing civilization there are always dangerous agitations and radical suggestions of reform. Some are wise and some are needed, others are not. The political opportunist whose continuance in office is depend ent upon successfully riding the wave of popular opinion does not. always dis criminate between the good reforms and the bad reforms, the practical and the impractical. It is easier for him to declaim against evils and many tiaies to select the popular cry or re form than to study with care the his tory of his country and to be reason ably sure of his ground when changes are made. " Judge Malcolm R Uosser of Poteau, Jean P. Day of McAlester an J. H. Cruthis of Talihina, a majority of the committee on ludk-ial administration and remedial reform, made a report to the association, saying there was no dee-seated dissatisfaction with courts so far as their conduct in the trial of law suits obtained:, but that tho criticism was along the line of delay. If moans could be devised to expedite trials, the report suggested, the people would be well satisfied with the courts as they were. Arrests Without Warrants. Motions for new trials, the commit tee suggested, should be tiled in open court and P.asscd UDon the urm f WUf'l ill. WUJLU IUV WIit WHS IJilU, U!1- less specially continued. Sheriffs and other officers, the report suggested, should bs billowed to ar rest for violations of "the prohibition law without warrant upon a reason able suspicion that the law has been or is being violated For the pur poses of making arrests, it said, a violation of the liquor law should be chtssed as a felony. If this is not one the ;)w requiring all officers to enforce the prohibition law and nuking tfcem sdfeject to removal for Bftlhrfe to do so, the committee said, should bo repealed. The report also suggest ed that appeals to .the supreee "court be limited. A resolution' wai offered by R (J. McAdams of Oklahoma City memorial "rf.ing the legislature to continue the supremo court commission until Fob ruray 1, 1 91 J. Under the law the com mission expires next September. About 200 attorneys were attending titi' nn:ctlPr Anunnv them it (T'hiTrif llnrnhnm nf o, Pail) cn,iarv the Minnesota BaT Association and member of the membership commit tee of the Amcricat Bar Association. At the night session, a numbeir of 'pa pars "worf read. taall Bet of 10 to.i for Pallet- H Bten Made. iWowever. a.s AngliOli Uec. Hr Al i'alner, A Osan, la., and Luther McCarty. f Springfield, Mo., will uj'et in a twoniv round b;ut at the Vernon arena to morrow nnd the, victor will be pro claimed White heavyweight champion pugilist of tho world. Despite efforts to nuke, Palftttr favorht, even mone' was tie Title tonight although small bets were made at 10 to 8 with Mc carty the short ender. Sporting esyirrts seen, very evenly divided in their predictions as to the winner. McCarty will eigh in at about 20' and 1'alr.er around 22?.. Mr. and Mrs. Joseph Parker were guests at the VrnSta hotel last night from Independence. Mo. rmn Tnniv rincn i 1 1 ii i ii is hum i luimi TWENTY-EIGHT NEW 6 RNORSINOFFIGE Fifteen Incoming Executives Are Dem ocrats, Thirteen Are Re publicans. Si mean U. I hi Id win. democrat, of Connecticut. Eugene N. Foss, democrat, of Mas sachusetts. Adolph 0, Kbarhart, republican. Min nesota. Coleman L. Blease, democrat, South Carolina. Ben. W. Hooper, republican-fusion, Tennessee. j Oscar B. Colquitt, democrat, Texas. William Spry, republican, Utah, j Francis 10. McOovern, republican, j Wisconsin, Aram J. Pothier, republican, Rhode Island. klias .u. Amnions, democrat, Colo rado. Charles R Miller, republican, Dela ware. Park Trammel), democrat, Florida. John M. Haines, republican, Idaho. Edward F. Dunne, Ttmblican, HITS- aria. Samuel M. Ualston. democrat Dn- diaua. ueorge v . i lariie, ivpuoucan, (low a. Woodridge NT. FVtrris, democrat Michigan. Elliott W. Major, democrat.. Mis somi, bamuel V, Stewsri, democrat Mon tana. John H, Moreboad, democrat, Ne braska. William Sulzer. democrat. New York. Dock Una. Louis Craig, democrat, .Vwih Caro- 10. i fauna, repubtton, North Dakota. James H. Cox, democrat, 'Cluo. Pratik M. Byrne, repdblteui. South Dakota. Ernest Lister, democrat Washing Jon. Dr. It. D. K'atlleld, rwptWlican-pi-gressive, West Virginia No gubernatorial DOaMMte in Ne Hampshire obtained the necessajy plurality, and in consequence ttie choice of the governor devolves upe.n the legislature. The republicans wtll have control of the body and will elect FranUfcn Worcester, to -mureeed trv ornor "Bass. 1EP0RT5 ON FIVE Conditions 'Many Live in Pnnutui nntt Kno tfut Little O SBjsiness 'Matters. Washington, Dec. :;!.- JKost of th: jtulliblood Indiars among the live Civ i!l.iid Tribes of Oklahonm live iu tJi! most primative condition, poorly clad and still more poorly fed, and it is the MBRMMMM ratine than the rule that their children go to school a all," says Dana M. Kelsey, United Stales Indian Superintendent m Oklahoma., in an an- -nitnl 1. (.. : ...... .1 .. . r . I. . . i I CIVILIZED TRIBES nwrj u. we inieuor was made, Marshal Schmidt called his Fisher, made public today. He addsiflfty deputies together and outlined to rfjiat ' must of them have no knowledge (hera the "code of rules." which would whatever of bushier transaction" and govern the conduct of the officers on tnat mey "Know nothing :iout their tbe trip. land except what some person who has 1 "This is no picnic party," said the Keeurod a lease fran thees tells them." j marshal. "It is my duty to deliver Kxcept that they wear the white these prisoners at Fort Leavenworth man's etotbes and bve in log or frame prison and 1 intend to do so. I do houses instead of tepees, there is little j not expect trouble, as the men did not difference, declares Mr. Kelsey, be-1 get as severe sentences as some MWM tho lull-bloods of the Five Trib-1 thought they would. We can't take os and the full-blood of many of the any chances, however. Western reservations. No man raust (lo j thng that w The report says that niiiuy Indians reflect on this movement that will de who were blind for years now go about tract from the grandeur tho govern unattonded, or hnve had theirsJsht en- rnent, has shown in meting out jus tirely restored as the result of the tlce. I do not believe any man among work or tho two eye specialists who, v would show the 'yellow feather.' during tho past year, found the cwitag- Uhould action be demanded. ious eye amuse, tracnoma, very pre- uieni aniong uie lun-nioous. S r. ' Kelsey adds that many members of the Five Tribes who a.'e dying of tuber culosis might be enred or hav their lire! prolonged with proper attention. .1. Coorge Wright. Commissioner of the five Civilized Tribes reports that more t! 111 $3,000,000 In tr baj funds wt re on P posit in banks a' the. end of the year. Thera has been enrolled Indian citizens lfi.S '.lotted to ' .000 acres of land, the work of allotment, started years ago. now plefed being virtually com- DYNAMITERS ARE OFF FOR THE PEN Left Indianapolis For Leavenworth in, a Special Train Yesterday Next Move is Thursday. Indianapolis, Dec. 31. With the de partuor this afternoon of tho special train bearing the 33 convicted dyna mite conspirators to the federal prison at Leavenworth, Kaus., the scenes of activity ia thu famous case shifted. The next move here will come Thurs day tnorniug, when Federal Judge Al bert B. Anderson will rule on the mo tions of the defense for a write of supersedas and of error. Judger Seaman, of the United States circuit court of ajvpeals of Chicago, will be here Thursday and has an nounced that be will consider the matter of an appeal for writs to pre vent the incarceration in Leavenworth prison of the 88 men, who were given Sentences ranging from one year and no day to seven years in the United States district court here yesterday The wives and relatives, after waiv ing the prisoners good bye ;ks they marched to tho special train at 12:10 this afternoon, returned to thoir hotels and rooming houses, preparatory to paclriog itJielr things iter the lonely journey homeward. With their loed ones out of the city, misty of the wetnen sakl they had no desire to remain longer here, where thuir helpmates had been taken from them. J, E. MeClory. Cleveland, acting sec retary-treasurer of the International Association of Bridge and StnictUTJl Iron Workers, of which 31 et the prfe oners are otnoers or former offleCPs, mM Q9d Lewi. Sun Prano?sco, oxevru- tive board member, the onrly two otli cian- of the vtriioa out f enstofcy, stated this afternoon 'rtiat ettotts would be ujiatle to take -.sire ot 'the wives and families of tl prlsowa-s. MeCJory said offlctal actten. to supiily uid ould be takyn at tbe next oon- vemlon o twa orgarireatim. XeiiHiei would mat' any reply when asked when and where the convrcntlon MNtfd be held. Unless Vnited Staws Marshal Ed ward H. Schmidt, in charge of tue iprisoners, eimnges liis mind after the train which lias coma 'to be knows, ns the "dynamiters' special," is on its way, no word of the happenings in tbo two ceaclies will be known nsril Leavenworth is reached. Marshal Schmidt gave oat word Puat the doors would be Jocked all of the tim? nnd that no opportunity would be given tbe newspaper correspondents aboard to file their stories wtth -telegraph eom- I'P&nies. j When the prisoners at 12 o'clock, ! wero nirc'a from the county jail i , : . . .1 - . .... m iuk uiu which .is waning on a jside track nearby, Qw smile had fad j ed from practically all their faces. Even "Big Ed" Smytbe of Peoria, 111., called the "wag or the bunch," who itlways had a smile for any friendly greeting, barely noticed his friends on the short marcli. Many women, in cluding wives of the converted iron winners, ineu 10 cneer tne men as they walked to the train, but few of the men had the courage to return tlie greeting. lust before the start lor the train . -0 nippers to be used. I want to men. as 1 m.-it ilw.u,, ,-u..,rU ill their condm I has hee'i the best. Take the men by the coat sleeve and keep hold of his ami." Marshal Schmidt said the prisoners woull not be handcuffed tonight unless occasion demanded. Sixteen of the prisoners with their guards occupied the first OQact) and seventeen and their keepers were marched into the rear coach. The prisoners sat two in a seat, rode back wards and directly opposite them rode the two guards for each two prisoners. In the baggage coach which made the third car of the train, was stowed the lunches for the prisoners and officers. GIRL ATTACKED BY NEGRO. Suspect is Taken to Hunttville, to Thwart Lynchers. Mo. Moberly, .Mo., Dec. 31. Grant Dirk, a negro, Is in the Huntsvllle jail charg- d with an attack upon a white girl, Laura Clark, 12 years old, Sunday evening. The girl was returning home from a neighbor's near Jacksonville, and at a lonely place In the road she met a negro, who grabbed her. She screamed and, jerking loose, ran, only to be overtaken. Dirk was later frightened away by persons who heard the girl's cries. Coorge Clark, t'athor of the girl, swore Ottt a warrant for Dirk's arrest, and In. was taken Irfo custody today. Talk of lynching causi d the prisoner to be removed to Huntsvllta, DEAN IS READY ID MEET Bot Men FinJsh Their Training For "Tomorrow Night's Go Should be a Great Battle. 6QRDQN i;rnie Dean, the Kvuisas City tornado (tno troubles of tho old year will dio has laid aside his gloves and u waiting witb it and this is to be In reality a br tho gong that will send he undnew beginning. Gordon together tomorrow aSght. After The police say tbe new year came H six mile jog this morning and 11 rub In very quietly for them and as yet. down ho deebined that ho is in llrst the records ot 1913 are blank. If you class shape for tho go. "fl am going have not made your resolutions, bet from her - to Bstrtlesville to meet Art tor do SO at onco and be on the safe Magirl aitfl from there to McAlester Bide, to meet Tom Abbott, so 1 can't afford I i to lose hew," he told true reporter for the. Chieftain this morning hi answer to a iuet? as to his plans in. regard to I this figW and after. j Edmonton, Alta., Dec. SI. British Cordon did some 'mrrd road work caplllsts are back of a plan to develop this morning and will hex this evening, and settle 600,000 acres of mixed farm lie ays that he needs the work after ing and ranching lands bordering on his tong rest, lie will nave about, nve tbe foothills of the Peace River eoun pounds advantage in weight over Daan try. Captain II. T. M u 11 n of Toronto, but he 'Attar doeai not fear the bandi wlu. has just returned to Edmonton cap. But whether M fears or not if from the Pouce Coupe district, reports the bout goes ovw tten rounds the that the lands are adapted to various oxtm. poundage is bound to bo a big form's of agriculture. Ills report to advantage to Cordon, who seems at his principals in London will show his best in a long go. Then again the that dairing and cattle raising can be fas perat out that Gordon had a hard made highly profitable industries, also time getting through the third round in his first bout here with Burns and if Dean gets him in that shape the ad vantage he won hi have had In a long light will never be known. However there are two sides no that story and they vill he troll argued tomorrow nigbi Everybody BOOST For the Good Roads Meeting To Be Held At The Grand Theatre Monday Afternoon January The 6th. VlljlTAS BIG DEPARTMENT STORE J THE NEW YEAR IS Amid the welcoming din of bells and the reports from lirearms and the lusty whoops of Vinita merry-makers tho now year of 1913 was ushered in last night, with all its hopes of suc cess and prosperity. But aside from tho nolso3 tho new year came in do cently and sanely. There was but little drinking and disorderly conduct heard of throughout the evening and the streotf wore almost deserted. There Were a number of watch parties and at these the merry-making and tho enticing strain of dance inuslu ceased as the hour for a new b.tiP -ning approached and tho entire torn pany saw the new year safely iw. ho-. fore resuming their gayety. From what can h gathered tirjin- the conversation on the streets nd In the business houses the number of new year resolutions will be greatly on. tire increase this year. Tbe seats on- the water wagon wero full a an early hour today and standing room was going last. There were a number of them that said they would not even get off to get tbe whip if it were dropped. There is to bo a reform in this city on the use of profanity and tho late hours and, in fact, all the little bad habits that are blamed tor Mixed Farming in Canada that there will be markets for all grain that can bo grown. The district, he says, will be served by tho Edmonton, Dun vegan & British Columbia and the Alberta, Peace River and Hudson's Bay railways and connections with transcontinental lines before the close nf IMg. 1 WELCOMED