The Morning Tulsa daily world. [volume], December 31, 1922, FINAL EDITION, Page 3, Image 3

About The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927

Image provided by: Oklahoma Historical Society

                
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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.
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1X4
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