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y'a r 111 'I ''II ata. :vtJ I 3 1 FIRST CASE IN TULSA RECALLED Death of A. W, Shulthis Revives Memory of Oil Lease Tangle IN COURT FOR YEARS "Inheritance" Versus "Acqui. sition" Was Settled by U. S. Supreme Court Tho first case filed In Tulsa nftor this city was mndo a court town of tho federal uistrici court tor western Inii.iti Territory, in 130G, nnd of tho federal district court for east ern 'JKinnomn, in jauv, nrtcr state homl, an well ns tho Indian land suit that established n, precedent for the disposition of tho allotments of dead Indians, were recalled Satur day ') Tulsnns who read In Tho World of tho death of Albert W. Shulthis, at Independence, ICan. Mr Shulthis was a pioneer oper ator 1" t'ie Indian Territory and mm!" a futile effort to obtain poa ipdsmn of tho now famous A, J. Heriyhlll allotment, near Sapulpa, tho oil production from which was the foundation of the great estate that D. A. McDougal of Sapulpa, possesses today. It was about noon on July 3, 1906, when Otis Lorton, tho nowly ap pointed court clerk for tho federal cnu.l stepped off tho Frisco train from Sapulpa to assume his duties as clerclal head of tho western In dian Territory district court. Ha carried with him Ills commission and a filing stamp. Otherwise ho was without supplies. Accosted Clerk. As Mr. Norton walker from tho depot to tho Tulsa pollco court, then domiciled over what Is today the Tulsa flro department, ho was arensted nt KIrst f-treet by C S. Walker, an attorney, and handed a document which ho (Walker) asked Mm to fllo In the new federal court. Jiort"ii told him thnt tho enso was "already on fllo." neforo Mr. Lor ton reached the pollco court room, ho was besieged, by others lawyers anxious to fllo their cases with htm, nil seeking tho honor of filing the first caso In tho Tulsa court. The case was that of A. J. Herry lull. deceased, through his fathor, (I F. Herryhlll, as lntervenor In tho c..e of A. U". Shulthis versus D. A. M.icDougal, for control of tho Berry lull ml lease. Mr. Shulthis had obtained pos KPvion of tho lease through tho Kiefer Oil & C!as Co., which bad boon sold tho lease by G. V. Berry hlll, a member of tho Creek Indian tribe, under tho Impression that they had tho right to bestow tho allotment ot their dead child, An drew J. Berryhill, to whom they wished. This was controverted by the (.'reek Indian tribe awarding to Jlr. McDougal tho allotment under tho Arkansas law as relating to in heritance. Shulthis claimed tho allotmont by the virtue ot the accepted rulo of "acquisition," whllo MacOougal got It under tho right of inheritance, and his view was afterwards upheld by the appeals and supremo courts. 1 tulcrt for Tribe. The higher courts ruled that ns the Creek Indians wcro a. separate nation prior to their lands being told to tho United States, that the tribal rule ot ull property being hell In common, hold good, ami thnt tho Berryhill baby died, the illotmont that was uwarded It iv year later when Its namo was placed Upon tho tribal laws, reverted to tho tribe and that tho trlbo and not the parents had tho right to bestow to another the land. Uy another peculiar coincidence the appeal ot Shulthis was tho first ciss filed In the district court for (astern Oklahoma at Muskogee, ,v after statehood, late In 1307, and ) was ono ot the first cases to bo ap pealed to tho federal court ot ap peal trom Oklahoma as a state. Tho late ltalplvC. Campbell, who was federal judge of eastern Okla homa, tried the case tha second time, holding to tho Inheritance idea, while his predecessor, Judgo Sulz tacher of the western Indian Tcr- Htnrv rniirt liplil tn th n rjrtlllHit inn Bjvule, Tho appeals court upheld ! Judgo Campbell, overruling nnu re versing Sulzuacher. Tho caso wan appealed many times and finally reacfted tho federal supremo court In 1912, tho higher tribunal ruling In favor ot MacDougal In July, that year. During tho six years, that tho Shulthla-XlacDougal-Herryhlll case van In tho courts, nearly all ot the representative attorneys ot , Okla homa tilncu statehood had more or less actlvo connection with tho case. A perusal of the court record re minded ono of the directory ot tho eastern Oklahoma bar. iitill another coincidence Is that the Tulsa and Sapulpa legal fra- ternlty were almost to & man In- ellncd to the acquisition view ot the f case, feollng that Shulthis was en 1 titled to tho allotment through his ' having acquired., the Kiefer Oil & Gas Co. property, while Loyal J. Martin, afterwards mayor of Tulsa, and more recently superior judge, held out alone to the, inheritance idea. The final decision ot the fed eral supreme court was ft bombshell In the legal camps of the two cities. Sight Saving Glasses Fortunate for you if your ,eye3 were cared for while young. But don't take chances by delaying further! If your eyes pain, smart or twitch let us examine them. Enlist our services. Expert repair on glasses, fountain pens and Ever Sharp pencils. QrtnLrnt 0. P lilnnvn occrai ob o. mOuic TULSA f 10 West Third St. OsaQc 3473 Poisoned Self After Quarrel With Bride, Now Held for Fraud rolITLAND, Ore., Dec. 30. wayn I'arkinsun, felon of a prominent family of Topuka, Kan., who attempted to poison himself following a quarrel with his bride ot a. week, ut in tail hero faring a charge of passing bad checks,. Parkinson's) short married ca reer has boon stormy. Ilo ended a four-day hunger strike In Jail on Thmoday after his wlfo cf feeted a reconciliation. Sho had charged him with attempting her own llfo with poisoned chocolates. But last night ho is said to havo told his wile he was through with her forever. Tho young ICansan married Phylls Van nyken last weok In Vancouver. Ho told police after nU arrest that be wanted now clothes, He had no monnv tn huv them and wrote wjvornl bad checks. Alienists examined him after his attempted sulcldo and hunger strlko and found him sane. GOVERNORS OF CITY CLUBNAMED Eight Members Elected at Meeting Here Satur day Noon Eight members of the board of governors ot the City club wore elect ed at Hotol Tulsa Saturd rtv nonn Tho board is composed of 21 mour ners ! or which aro elected eacn year to servo for threo yenra. The eight named Saturday aro William Holden, Gray Carroll, Mark E. Carr, Kev. C. W. Kerr, W. O. Buck, N. J. Gubser, Omer IC. Benedict and Walter Campbell. une entire board is to meet before ne.t Saturday and select from its personnel the officers for 1323. John It. Hadloy is now president, having been elected a year ago. C. L. Holland, J. A. GUI, John Rogers and Bailey Bell were nsknd Saturday to each prepare an Inter esting program ror the club during the coming month, selnpilnr- mih. Jects of general interest and naming their own speakers for theso pro grams. RAIL EARNINGS REPORTED Nearly 40 Jtiillroail.s Ijirniit Morn Tlmn 0 Pit Cent Set by It. It. Hoard. "WASHINGTON. Dee. SO An. proximately forty railroads in the United States havo earned more than tho G per cent fair return stan dard set by tho "transportation act, tho interstate commerce commission reported today to ho ponntc. in re- sponso to a resolution by Senator Capper, republican, Kansas. Esti mates ot tho amount which mav he duo tho United States as a result aro now being worked out. None of tho railroads whose earn ings may havo been above tho 6 per cent limit, tho commission said, have as yet paid anything to the govern ment. Determination of tho amounts due, it was ridded, must awnlt con clusion of-tho work of valuing rail road property. fTft Are you drifting along in the web of self justi- J f Wiilm! iuMwl f-cat011 (w-tI- an ever-present alibi?) Do M S MMmK yoU point out defens-ve-y tne men who arc not M I I 1 f-1 WmmSmm3mL quite as far up as you? Or are you ambitious W i g r Mik yBESHM& L - and b- enough to strive to become SOME- p, (JfKBB BODY and to be a SUCCESS? ' j aMBSBiiSte " I At 9 o'clock Monday morning you will find many ?J ! nWBstgm, T J new fnces at the TULSA BUSINESS COLLEGE. fq I f sSSSm llmaed Theso ambitious, determined, success-seeking jllllHffili1 young men and young women realize that they $ - ufGJfBuiBM i raus )0 tra-net- render efficient service before . ''. BH'" '(L" Mid-Winter Term Begins Monday, January 1 " - j I mL, wq&L-vJ Start SUCCESSWARD Monday, January 1. Make J., Mm ' f 1923 mean more to you than 1922 has meant. Bo i$J l?w-' I wtn U3 Monday in either Day or Evening School. ij :l : -j BKT ;f ,. J 0sase 1420 ' 109'n East Tnird strcet n tjLT Tulsa Business College I L fffrgHfr ', ,uj"'m!mm""i' '"crc'lltcd Commercial ScI)ool t j ' iiitnar MnSWCl' Sl""11' A" M" VTC9" K" ;U'SU' ACC1S'' Mffr ": TULSA :PAIR FREED OF KIDNAPING GIRL Caso Grow Out of Signing Deed to Oil Land by Indian Girl I imlssal of the kidnaping charges against A. B. Iteeso, oil operator and W. It. Mc.N'utt, Oklahoma university student wcro ordorcd yentcrdny by Justlco A. 1. Wntsnn nt the i-Knim. , ., . " mendation of T. L. Wallace, nsslstaut 1 county attorney. The charges were! iiiku ,ii auiiuni turn hivw out ut inu signing of a deed to hor vnluablo oil lands near lied Fork by Millie Naharkey, Creek Indian. Iteeso and McNutt woro accused of kidnaping tho Indian girl and spiriting her Into Missouri it week before she became of one. The dnv I eho became of ago, It was alleged, tney ouiameu tier wgnaturo to tho deed. Tim deed was later sold to Orant Stebblns. Tho caso has beep continued from timo to time since It was filed and when finally lulled for trial yesterday It developed, ac cording to Wnllace. that thero was no testimony to bear out the charaos. Tho two nccused men li.nl tnki.n tho Nahnrkey gicl, her mother und brother on a flshlmr trln intn the Ozark hills In Missouri a week before oral courts throughout tho country ,1SfiriLl,0.?.aimo .if e.," u,wnn lur- and to udopt means to rollovo con tig this outing that the girl signed gcstlon. adjourned today, tho dcod. Tho girl's signaturo wns t,i. . i fair y secured and sho roceUed iiL.C'.,lof Ju!tlc9 Tnft, at the request fair enumeration for tho property.'" uui uiiiiuir tu wii.il iiLLia tivKioniM) i was taken, In making the dismissal. Justice Watson observed that it appeared to him as If the Gladys Hello OH com pany of which Grant Stebblns 1ft tho head and other partle were fighting for tho lease and that Steb blns Just outwitted his opponents. Thero are sevoral civil uultH pending in court in which final disposition of tho allotmont Is nt stake. Steb blns, tho Gladys llelle Oil company, Stephon H. Nelson, former guardian for tho girl, tho Naharkeys nnd the federal ' government are all Inter ested. REVIEWS LABOR BOARD Hon W, Hooper Ismh's Slutciiicnt He' lowing Work of United States Hallroiul r'tlior Tribunal. CHICAGO, Dec. 30. Hon W. Hooper, chairman of tho United States labor board today Issued a statement revlowlng tho work ot tho labor board since Its inception, Mr. Hooper ld ho had como to tyo conclusions: 1. Tho board's decisions have been respected to a degree that is remarkable In vlow of tho great number of decisions xnnd tho try ing and unsettled period through which tho railroad Industry has been passing. 2. Tile enforceability of tho de cisions of this board or any trib unal of similar Jurisdiction la moro desirable for the protection of tho rights of tho employes than for any other purpose. Trom April IE, 1020, to Decem ber 15, 1022, the full period of the board's operations, 11,411 disputed questions were referred to it. Of these 0.244 havo been disposed of. Of the total number of disputes 951 did not reach tho status of regular-lv-ilnd-otod cnp DAILY WORLD, SUNDAY, DECEMBER 31, 1022 Five Prisoners Are Sent to Whippihn Post in Delaware I WILMINGTON. Hoi., pec. 30. Five pr. sono s convicted this weok for VHrious crimes wre punished nt tho nni'lcnt whipping post In tho county workhouse today. Stripped to tho bare back In their colto, the prisoners were wrapped In blankets whllo being taken to the post In tho prison yard. The offoctfl of the cat 'o nine tails woro visible on the backs ot the men. Tho prisoners with the punish- tnont received wei Haines, n neero for B0rr tnont received were .Utwrsnco burjEinry. 20 bo given next Sn.urdny; Charles Palmer, bur glary, five lashes; John Iic, no grn, larceny, flvo lashes; Jnckson Montgomery, negro, larceny, flvo lnahos; Martin 1 Cottlnghum, lar rcny whllo on pnrole, five lashoi. In addition to tho whipping tho pilsonent received Jail soutencos. END U. S. JUDGES' MEET Ways and Means tn ltellcw Congmt. itl Dockets In Court Aro DImhism iI WAHHI NOTON, Dec. 30. The first nnnual conference of senior circuit court Judges, called to discuss the condition of blislness In tbn fed. - l"u """-icnce, pavo tno ionow to thn AR.qnplntpil v. ......... ri-oss: "The result of tho conference wns most satisfactory In finding that tho circuit courts of appeals were all practically up with their dockets. "Congestion wa!j found In n num ber of district courts, especially In the southorn district of Now York, in tho district at Chicago, In tho two districts of Georgia, eastern Tennessee, western Pennsylvania, castorn Michigan, eastern .Missouri, eastern Oklahoma, North Toi, southern Florida, eastern South Car olina nnd northern California. "In hips' of theso extra Judgeships have b; created under the now law bu not yrt begun work, a fact winch has prevented mnklng comparative plans by tho conference for complete remedy for the arrears. "llut the members of tho confer eiirp are convinced of its great util ity In organizing tho fedornl force ot district judges to got rid of the arrears, and that effective steps can bo tnken at tho meeting to be held on the last Monday In Septem ber, 1923. '1 ho only othir congestion In the federal system Is tho delay In the fcupreme court, whero It takos ID months to reach a caso after It Is tiled. This condition can bo reme died by tho passago" of the bills now pending in both houses of congress for tho extension ot tho power of certiorari to that court." Key Is Promoted. OKLAHOMA CITY, Dec. 30. Col. William S. Key. Wowoka of the 160th fiold artillery rcglmont of tho Oklnhoma national guard, was today commissioned colonel in command of tho regiment, by order of Gov. J. H. A. Kobertson. Colonel Key's promotion followed the transfur of Col Klmcr J. Nile, who formorly commanded tho regiment to com mand tho ISOth flold nrllllory, it was said nt tho adjutant general's office SUICIDE BREWER CALLED INSANE W. J. Hemp Was Suffer ing -From "Aberration," Doctors Declare ST. LOUIS, Dec. 30. William J. Lump, millionaire president of tho brewing company which boars his name, who shot and killed himself yesterday, was suffering from "Temporary montnl .aberration," according to tho verdict returned by n cWonor's Jury today. The In quest was merely a formality, the coroner explaining thero wns tm doubt that Lump'y death was sui cide. Tho funeral will be at 2 p. m. to morrow It wns announced, from the offlco of tho brewery which formerly was the I.cmp residence. Associates paid tho offlco hud been chosen for santlniental tenuous, as the capitalist ended his llfo there as did his father, whoso funeral also wns held from there. The sul cldo yesterday wns tho third In the family, as a sister also shot and killed hcrsolf. The funeral will bo private. Testimony was that Lomp fre quently complained of depression In business ns n result of prohibi tion and of his falling health. Yes terday morning ho asked bin hoo retary "don't you think 1'vn hAd enough of doctors? Don't you think I'vo had enough trouble?" it wns toatlflod. Henry Vahlkamp, vice president of tho company, stated I.omp, on several occasions, expressed the opinion that thu brewing of beet, would novor bo restored to its former commerclnl Importance. Ho testified that this visibly de pressed tho brewer and that re cently this depression became so marked that he feared Lemp was declining incntally. Whllo thn sale last June of a largo number of tho company's buildings nt a great losa oaused Lomp great worry. It was said his finances were In tho best of condi tion nnd that his fortune runs Into tho millions. Kjiccdcr tn 1'rlson niJLLnVILLE, III., Dec. 30. 1C1 mer Itlnghnm, 21 years old, convict ed of manslaughter as the result of an automobile neqldent, must servo on Indeterminate sentence of from one year to llfo imprisonment un less ii higher court intervenes fol lowing denial by Circuit Judge lion reuter of n motion for a now trial. Tho state offered testimony thnt Hlnghnm w.-ih Intoxicated when h.s machlno crashed Into another, re sulting In tho death of Ague HInke, S. YOU'VK H12AD A LOT AIIOUT "NIGHT LIFE IN HOLLYWOOD" HUT WHAT HO YOO ItlJALTjY KNOW? HAH, HO.VUI) AOHK JlKVll'.WI'.H II, til DNpitled tn son Hmo llccu Item ml lu Hod) Since April, ll'lid CHUWIIU, I lee. 0. The work or tho United Mutes rnllrond labor hnnrd from lis oixnnliMtton In April, ll'iO, tn the middle nf December, this year, win ievl wed In A state ment today by t'hnlrman Hooper. During the period 11,411 disputed mil Mlons have been referred to tho board. Of this total .137 charged (Ittsa-om) roads with violations of previous ruling's of the hnnrd. Decisions rendered have found violation of board ruling by cli nne roads In fit cases. The remain ing 7C eases charging such violation by clam-one ronds are still pending with mnny ready for decision. Of the (1 violations covered by dec! lons -10 were In the matter of con tracting out-shop work against which the board ruled on a national basis. Of the total of 11.414 rase brouglit before the board, 9,!4I have been disponed of. PROVIDES FOR TAX REFUNDS , 12 Million In liitcrii'il Ui'.eniio Is I'oilwtiil hy U. S. hi 111211 nnd Hl2a WASHINGTON, Dec. SO An np pifiprlntlon ot $ 13,40,000 for letund of Internal revenue taxes Illegally collected Is provided lu a. deficiency bill currying $74.r,45.Ci74 reported to the house today by C'hnluiian Mad den ut the appropriations commit tee. The Ihx lefund is for the fiscal yen in 1020 nnd 1923. The cnmmltten report Bald It rep resents In part urlual claims await ing payment nnd in part Is in nntlrl pat Ion of the amounts which will bo approved for payment from nninng the claims already filed nnd await ing audit and adjustment. The hill carries taii.ooo.ooo for the co-operative construction of rural potronds, which Is nne-balf of the sum already authoilzed by emigres. 1 Vim, Oil IncrniM'd, l'lTTSIltmnn. l'a., Dec. 30 The price ot I'onnylvHnla crude oil woh advanced 2C cents to J.I "5 n Imrrel by the prlmlpril purhiiflng ngeni'les hero at the opening of th market today. Other ndvnncri nf 25 cents a barrel were C'.ibnll $J 11 Somerset $1.90; Hollicr-et llfhl S2 12 Corning ut SI "" and liiiglund a 21 were unrli.utged FREE FROM COUGHING At night, let a Dean's Couph Drop dlssolvo In your mouth. Menthol nature's remedy has such a clear ing effect that you will bo able to sleep peacefully, free from coughing. Dean' Mentholated Couch Oropa arc compounded with Juit tha proper amount of menthol and puro cans augar to injke. them doulily ctiectlve. l'leaeant totatta alwaya beneficial. Now 5c Uean Medicine Co, Milwaukee, Wla. We Wish All Tulsans a Happy , and Prosperous New Year The Central National Bank of Tulsa s Second and Boston MOTHER AND 4 FOUND DEAD linn I'iiImiuIiik Unlives Dcntli of All but ono of New York Uiimlly. MYHAI'I 'BR, N. Y Dec. 80 A mother and her four children were found dead iK their home by her husband early Indnv. Death was caused by gts poUunlnr The dead are: Mm. 'Catherine Itlley Hlmone. S3. Mary Ulltabeth Hlmone, 11. John flimone, 8. William fllmone, 4. Hobert Slrnnnn, 2. Slmone, completely unbalanced hy tho tragedy, wai taken to the psychopathic hospital. Ol'TlilNU HOAD MKHSLATIO.V linpnitiint IiOgUltilho (Vinfcrctico Will Ilo Held nt Uotcnn I'rlibiy. l'roposod highway legislation ns outllmvt by the nmtbenstern clmin Per ir rmnnierco mil be illsrussed n t Mi t tnnKs meellng In be held In Buy Your Rug This Week aatrmB aflllll IMaT aflWaga1lgi mfcOTOJaTB Over 50 Wilton Rugs to select 1 from in Beautif ul Taupe Colors j aaMamniiwiuiiiiiii jiiiiwuit.iiJjLjiiiwiJ'jBPgrCTiiumLaaijituLM.tta.ta nifcit j 9 x 12 $ 125.00 6x9 $67.50 j ii :(TiwyWpkVu5' Felt Top Folding GO -Inch walnut buffet, nblon.s table, arm chair and flvo sldn rhrilis, ttphulstered In .$185 tapestry , . . , K I -Inch davenport and two chairs In plain or brocaded mo hair, rnso taupe, gold nnd taupe, blue and rose nnd brown. As flnn a selection In mohulr im can bo found In Tulsa $337.50 Bull Furniture Co, 70S South Olympin pros? (SSa?8 -arf8 l'ortonti next l'rlday night and which R. llee Oitthrey, eretar the northeastern chamber i speak. I'eople from Latimer Ia Vlorp n t'linhmataha. rountlos will attend t meeting. TI.e Imnt "e -em being called l,y t ..in iei , commerce in the ihi-e . mr.tle m action on the nnrihe i"trru cbai bar'n propoeeit legilhti'iii w'lt i i . dbly lie taken fli tti i 1 nlon the meetlnit. I AL- U'llr.lili. t.'iiiul WAHIIINOTON, e. 90. A rup plementnl appropriation of JB r.n 000 for niodernlaatlon of banish t was request ed of congress ldnv . i Hri-sldent ilsriling, who transmit'' a letter from Secretary Ivmbv ,1 I ( luring, that as R result ot the cnnfeienee decisions, tlui nnt I niut adopt n new policy regard i I Its rapltnl ships If they are "tn ' , mulntiilned nt a stundard of effh le I ry compnrntile to that of similar v els of foreign powere." Card Tables $2.50 Thrce-ploee rnne nnd mahngni. living room SIlllOH ..,..$125 Throo-ploce cano nnd nfalMignny hed-davtmport tf-j rjs; SUltCH , DIfJ Tlireo-plcco oveitduffed bed davenport suites. GJfiOC (Northflold) l. . . . 3)6it 16x40 paneled polychromo buf fet or mantel mirrors , . , , . O-aso 1359 i i n i x Hi J.d irn im ,na P. y 1X4 Si c 0 1- Iff o le lo '