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VINITA DAILY CHIEFTAIN.
VOL XIV. NO. 216. VINITA, OKLAHOMA, THURSDAY, JANUARY 9. 1913 FIVE CENTS PER COPY a ROAD IS LIABLE FOR FALSE ARREST Oklahoma City, Jan. 9. When a train auditor causes the arrest and handcuffing of a passenger on the train, and then orders the arresting officer to release the passenger at the latters' destination and no charges are filed against the passenger, the rail road company employing the auditor is liable in monetary damage for such false arrest. This was the ruling Tuesday of the supreme court of Ok lahoma, all Judges concurring, in an opinion handed down. According to tins opinion, Hugh C. Radford, purchased from a "scalper" in Enid, Ok' '., a passenger ticket to El Reno, Okla., over tho Chicago, Rock Island a- u Pacific railroad. The train auditor refused to accept the ticket aud demanded of Radford cash far?. Radford refused to pay cash fare, and the train auditor, no ticing on the train a deputy sheriff with a prisoner, had the deputy arrest Radford, charging that the latter had forged the name of the original owner of the ticket. Radford was arrested and handcuffed by the deputy and compelled to sit alongside the other prisoner. At King fisher, Okla., the auditor instructed the deputy sheriff to release Radford and permitted the latter to continue his journey to Kingfisher. Radford brought suit against the compauy, for the al leged mistreatment, and was awarded a judgment by District Judge A. H. Hustoa of Kingfisher county for $62.", from which decision the railroad com pany appealed. Other Court Opinions. Other opinions rendered by the court were: P. A. Xeilson, plaintiff in error, vs. Cynthia Albertjr, appealed irom Osage county, affirmed. The su preme court in this case held that the removal of restrictions from an Osage Indian, would not permit a previous judgment creditor to cloud the title to the Indian's land by continuing the juuguieut on record. In the case of the Muskogee Electric Traction company, plaintiff in error, vs. Etta Mclntire, the court affirmed a judgment of the district court of Mus kogee county granting $r,300 against the company for personal injuries. That the statutes of limitation are no bar to civil suit where the defend ant kept from the knowledge of the plaintiff the cause of his injury, was held by the court in the case of LeRoy B, Waught vs. the Guthrie Light and Fuel company. Waught was injured by the explosion of a water pipe, dur ing the year of 1907, and did not dis cover until two years later, that the explosion was caused by gas escap ing through a defective pipe of the gas company, into the water pipe. The defendant company demurred 10 the plaintiff's petition on the ground that the statutes of limitation had oper ated, and the lower court sustained the demurrer. The case was remanded, with in struct ions to overrule the de murrer. In the case of James EC. Kepley. plaintiff in error, vs. R. B. appealed from Creek county, held the trial judge had tli Dingman, the court right to ' continue a case one day, in order that deposition Died In the case could have the necessary legal existence of twenty four hours. The court partially affirmed and par tially reversed the district eojurt of Osage county in the case of Midland Valley railroad company, plaintiff In error, vs. II. G. Ezell. The court found that the railroad company should not have permitted Ezell's cattle to dring the crude oil in which they had been dipped, aud affirmed the part of the lower court's finding but remanded the case because of the introduction of in competent testimony. Tlie cattle were shipped from Fort Worth, Texas, and while being dipped at Foraker, Okla., were turned into an adjacent pen to drip, and while there drank the oil. That a bank could not accept pay- Six Pair Darnproof Sox 60 Cents Guaranteed For Six Months. MILF0RD - BERGER SHOE COMPANY nient of a past due note and, after I surrendering the paper to the maker, collect an attorney fee, was held by I the court in the case of Security Na tional bank, plaintiff in error, vs. J. E. russen, appealed from Pontotoc coun ty. The case was remanded for a new hearing on a point involving the amount of deposit in the bank to the credit of Fussell. Other opinions handed down were: M. Goble and company vs. Belle Mills, appealed from Muskogee county, judgment for 13,000 in favor of Belle Mills, sustained. Grant McPherrin, plaintiff in error, vs. J. M. Tittle, appealed from district court of Adair county, reversed and remanded. B. L. Love, plaintiff in error, vs. Kirkbride Drilling company, appealed from superior court of Muskogee coun ty, judgment for $2,050 affirmed. P. M. Crone, plaintiff in error, vs. Walter P. Duncan, et al., judgment for $500, dismissed for want of prosecu tion. Nancy Coachman, plaintiff in error, vs. B. O. Sims, et al., appealed from Hughes county, reversed and remand-! ed. G. W. Sloan vs. Nellie Warrenburg, defendant in error, appealed from Lo gan county, reversed and remanded. W. P. Pennington, plaintiff in error, vs. Merchants and Planters Insurance company, appealed from Muskogee county, affirmed. C. D. Scherer, plaintiff in error, vs. t haries g, Jiulquist, appealed from Wagoner county, affirmed. O. D. Revel, plaintiff in error, vs. City of Muskogee, judgment of lower court Id favor of Muskogee, affirmed. Hargerdine-McKittrick Dry Goods company, plaintiff In error, vs. C, V. Droedlove, appealed from Carter coun ty, judgment of lower court, reversed. From Vinita to Jopiftl. The Prisco is considering change; in its new time table, in effect since December L'9, and it is prooiUHo that a change will be announced soon whereby there will be a day train Irom Vinita, Miami and Baxter Spring", to Joplin. A great deal of unfavorable comment has been, caused recently by the tmt that there is no direct day train from these towns to Joplin. Only by taking a circuitous route may i passeng:r reach Joplin from Baxter Springs by day. Within a few days, according to Jop lin Frisco officials, an agreement prob ably will result in the running of a day train from Vinita to Joplin. Pikes Peak Not the Highest. What is the highest mountain Colorado? "Pikes Peak," nineteen per- sons out of twenty will answer, and incorrectly. The twentieth may know that the two highest mountains in tho state are Mount Massive and Mount Elbert, both in Lake county. In the Lcdville district. The altitude of each of these mountains, according to the United States Geological Survey, is I 14,402 feet above sea level. The height of Pikes Peak is 14,108 feet. Moreover, them are fifty or sixty other peaks in Colorado approximately us high over 14,000 feet. The lowest point in Colorado is :!,:,"0 feet above sea level. Of all the state Colorado has the higli- est average altitude, estimated by the Geological Survey as 0,800 feet. Although not the highest mountain, Pikes Peak is probably the best-known peak in the United States. There was at one time a weather bureau station on its summit, and it now has a sub stantial railway station at the term inus of the highest railway line in North America. It can also be reached by an excellent wagon road and trail which connect the summit with Colo rado Springs. Limbs Frozen; to Be Amputated. Davenport, Okla., Jan. 8. Sherman Justine, returning from ('handler .Mon day night after delivering a load of cotton, discovered that his lower limbs were badly frozen. The attending phy sician is of the opinioiu that both limbs will have to tie amputated above the knees. JAMES GIBUS IRE PATHFINDER Edmonton, Alia., Jan. !. James Oibbons, a pioneer of California, Ore gon, Washington, Idaho, Montana, British Columbia, Manitoba and the Northwest territories, just elected to the presidency of the Edmonton Old Timers' association, composed of men and women who have lived here for a period exceeding 80 years, has felt the lure of tho lone trail since his boy hood and has been active more than GO years in pushing the frontier line to the outposts of civilization. He was born in a village in the north of Ireland on Christmas day, 1834, and sailed for America when a boy of 16 years, landing in New England when the excitement was at its height fol lowing the news of the fabulous gold strikes in California by the original '49-ers. He joined one of the vara vans out of the middlewest and lived amid scenes that would furnish ma terial for a dozen novels. He fought Indians on the prairies, then known as The Great American Desert." .Mr. Gibbons has intimate acquaint- ance with the monotonous labor of the governor refused to recognize tho Edward Beyron confessed to the rob the blanket and pan, employed in gar- action of the senate in rejecting the bery of Minter Bros, and Davidson's nering the glittering grains of gold appointment of Lon Frame as member 8tore at Pocasset, and stated that Wal from the sands of river bars and has 0f tho board of public affairs. Frame ters' Do4a and Clayton, arrested in felt the physical effects of the miner's continued to serve today and the gov-1 Oklahoma City, had nothing to do with pick and shovel and the slim fare ofernor said he would not annnint Ma the affair. They said that the stolen the "dicein's " Hp htta vlw.).)..--...i M He has shouldered his pack and piodded along until bone weary, and by ceaseless vigilance eluded the poisoned arrow, the mudcr- ous tomahawk and the night ambush with its unspeakable horrors, lie has shared the joys and sorrows of the river boatman aud followed trails lo camps of friendly and unfriendly tribes: in short, lived the lives of pathfinder, miner, rancher, navigator, tui t .... .1,,,. .. . .1 -i ,. i . j .u.r,, wiini aim a man about town. Mr. Cihhons crossed the Isthmus of warden and Ben Riley secretary of Panama in 1864, riding a mule. Vic- the election board because of the fail toria, Vancouver, the Eraser river and ure of the special session to vote on the Columbia were the points from their confirmation, which he migrated in earch of gold.' To Investigate Penitentiary. He met with successes and reverses, j charging that $900,000 has been ap Trailing in fhe province of British Co- propriated for buildings and $600,000 nuume as uimcuu on account of the uense iorests atiu heavy underbrush Hundreds of hostile Indians inhabiting these groves resented the intrusion of i prospectors through their territories, anu wnumm me iaci oy swiu ar- .u,vS m utuur messengers oi ueam. vvBcymB uiese, m went to roruanu, : Ore., where he arrived w ithout capital, 1 or ' dead broke," as he expressed it. -Mr. Gibbons turned to the first va- cant position, and mastered its require- ments as he has conquered every other situation he has since found. Plying black and forth as far as th junction of. the Snake and Columbia rivers, lie soon fulfilled the requirements of a boatman, and was thrown in contact with many new types of people and new conditions of life. One evening as the bells clanged and the chains clattered down on the docks and gang-planks, the members of the crew overheard the conversation of a group of excited miners who were leaving the boat, at u point somewhat in advance of their booked destination. It was learned that Nez Perce Jane, an Indian woman, had revealed to Pierce the location of a rich gold field in central Idaho. He quickly joined the gold hunters and assisted in staking out such camps as Pierce, Elk City and Boise City. Among the men working to gether in these camps, who were drawn from every corner of the uni verse, was a brother of Rev. Dr. Mac queen of Edmonton. Fifty years passed before Mr. Gibbons and Mr. Macqueen met and retold the stories of the camp-fires and the gulches. Tho Bitter Root valley in Montana was the next scene of operations for Mr. Gibbons. Settlements throughout the western territories were few and far between and opportunities for money-saving scarce?: but the days were rendolent with excitement. Life was cheap. It. was no uncommon sight to see corpses dangling from trees along the trail, or to meet tin Indian sporting ten or twelve scalps at his belt and looking for more. Leaving the line, Mr. Gibbons and party again crossed to Canada. Un luckily through the .'on mile through the mountains, they lost their food and ammunition. Starving, footsor" and weary, they pushed on till they reached Rocky .Mountain House. They arrived at Fort Edmonton i' Novem ber, 1865, traveling with B .addle and pack horses. Factors and trappers in tVe employ of the Hudson Bay company were help ful, but the policy of the company, then (Continued on Last Pagei MAXEY APPOINTS ALL COMMITTEES Expected to Choose Members Who . . . M , . Are Opposed to Oklahoma City. Oklahoma City, Jan. 8. Speaker was Darrd from the Sheffield scienti Maxey and J. Roy Williams clashed fic scn0l. Yale, because of the notor- in the lower house of tho legislature today and would have come to blows had not the other members interfered The house, by a vote or 49 to 46, gave cou'd be prevented from returning to Maxey the right to appoint all the coHeS?." explained Director Chitten house committees instead of having tlen "but a marriage that took place them appointed by a committee. The republicans In a caucus last night decided to vote for the commit tee proposition and the vote was solid with the exception of Deford of Okla homa county. Maxey is known to be against any appointment of Lon Frame as member."1 !,round athletes at Yale. aud is expected to appoint committees ! with that end in view. jTwo Confess to Pocasset Robbery. Senate Opposes Cruoe. j Chickasha, Okla., Jan. 8. Before Open war Between Governor Crncn i Judge Frank M. Bailey in the district and the senate broke out todav wheniOUrt, Wednesday, Frank Marvin and successor until convinced that he legally ousted. Senator Thomas gave out $ state ment that the senate journal will show that Frame was rejected. Governor ftrnea hnlflt. that th vni fit' ( )lf UOII ate, 21 for confirmation and 18 against was sufficient to confirm, being a ma- jority- of the quorum, while the senate holds that a constitutional majority ; js required. i xne governor today reappointed ,,omi B. rjoon,, BtAta ,ish ;md KU111I. for maintenance of the state pen! ten- tiary and the prison is not vet com- pleted and that a private townsite has heen laid out near tho penitentiary house8 aml prlva4e nartk.s be,n(? mov. ed thereon at stato expense, Senator Redwine of McAlester introduced a resolution in the senate which was adopted, calling for a sweeping in- vestigation of that institution. i ne resoiiinon aiso cnanrea na guards an- require,! to buy houses on ,n.e townsite before being given posi- ,j0s, that of 1.200 prisoners. .",00 are trusties, some of whom get drunk and l i LVJ imm VJS p- VINITA'S BIG DEPARTMENT STORE J have been placed in jail at McAlester; that escapes are frequent and that about $300,000 appropriated for build ing the penitentiary has been diverted for other purposes. The investigating committee is Senator Redwine, chair man, and Senators Thompson, Mem minger. Wilson and McAlister. .Doors of Yale Closed to Best Athlete. Now JIaVtn ronn Ji(U 8,Mourlce IN. "Lefty" Plynn, the Yale athletic star who was married In New York Monday to Irene Leary, a chorus girl, connected with his wedding. "There is no rule whereby a student marrying under usual circumstances under such conditions as that of Plynn will not result. In continuance of membership, Plynn stood well in his studies, although he was ill last year and for that reason did not keep up in some of his work." Plynn is one of tho most valuable ! ortinU tuaj i .v.. !. articles found in the possession of these men in Oklahoma City were given to Clayton In Chickasha and that later he in turn gave, the stolen ' PPrty. to Walters and Dodd in Ok lahoma City. Sentence of the con fessed robbers has been deferred by Judge Bailey. The trial of the remain- inK three men implicated in the rob , ,)c,r' nM not been held as yet. ' Corset Stay Saved Girl Shot by Lover. Houston, Tex., Jan. 8. A corset stay saved the life of Miss Augusta Matula today when John Thomas Jones shot at her twice with a pistol at close range. Jones then killed himself. une it lus bullets wounded Miss .Matula in the cheek, but the one which struck the corset did not leave a scratch. Jones shot the young woman because she i-efiiHoH was a machinist and she Is a table waitress. Whftn Miu Alatua tQ Jonas, the latter drew a revolver and lired twice Believing that both bul- lets had taken effect, he fumed the weapon upon himself, and died in a few minutes. Persons attracted by the snots loum A n fuin ,. r..;t.,.. condition from fright but the bullet which otherwise would have killed her had flattened utltid . ,lf , ,,. of her corset. Three Months of Winter Still to Come Ladies', Misses', Children's COATS Reduced 20Snrt Tailored Suits Reduced 20 to 60?eeSt We have a full line of everything winter calls for rubber footwear, knit goods, Mentor un derwear, blankets and comforts, gloves, caps. STATE INSPECTOR VINITA SCROOLS The University of Oklahoma, Norman, Okla. W. G. Masterson, 8upt Vinita, Okla. My Dear Sir: 1 am much pleased with the work in the Vinita public schools, after having visited them in person this year again. You have made an excellent choice of teachers, your building is one of the very best in the state, you have added materially to your equipment, and the excellent school spirit shows that tho student body is taking an interest aud pride In the work. You have been given the full rank ing that you have asked for at the University, which is among the best in (the state, and we are expecting a num ber of your graduates to enroll in the University next September. I am really proud of your football team and hope that you will be on the may again next year. Yours sincerely, A. C. PARSONS, State Inspector of Schools. January 7, 1913. Katy Flyer Cuts Out Some Smaller Towns. Muskogee, Okla., Jan. 9. "There isn't any use having fast trains if they are going to make stops every few miles. If we want fast trains, we're going to make them fast trains." So said the officials of the Katy whon the new time card, effective last Sunday was announced, and cons quently a number of stops of the Katt Flyer and the Katy Limited were cut out in Oklahoma. The Katy Limited now stops at but fivo stations in Ok lahoma Vinita, Wagoner. Muskogee, McAlester, Atoka, cutting out Caddo and Durant. The Flyer stops at all county seat towns, and the stops in their order from north to south ar" Vinita, Pryor, VVngoner, Muskogee. Km i.iula, McAlester, Atoka, Caddo end Durant. Checotah and Crowder are no longer stops for the Flyer. Skating Is Good. The lake in North Park aud the larger holes along Bull creek were thronged with skaters yesterday and until a late hour last night. The young people all were trying to get in on the first opportunity and their merry shouts and the echo from thnir Mk.-.t,., kept the people in the vicinity of the ponds awake until after the midnight hour. The ice Is still good today and there will no doubt be larger parties tonight than yesterday, so get your skates and get in on the fun.