The weekly chieftain. [volume], October 13, 1911, Image 8

About The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913

Image provided by: Oklahoma Historical Society

                
" Kfi i trial
No Effiort Will Be Made By Defense
to Delay Trial of Brothers on
Dynamiting Charge.
Las Angeles, Cal.. Oct. 1 1. Oilloial
uncertainty surrounded last, night
every point of interest in the trial of
the McNaniara brothers, except for
the fact that it would begin today.
Whether John J. McUamara, secro
tary of the International Association
of Bridge and Structural Iron Work
ers, will then be placed on trial for
murder in ov.vetion with the Los
Angeles Times explosion of October 1.
1910, which cost twenty-one lives, or
his brother. James I!. McXamara, will
face trial on identical Indictments, was
not made known ofHcially. District At
torney John D. Fredericks said the de
fense still had the technical right to
have both ben stand trial together.
Until the expressed preference for
separate trials is made a certainty,
which probably will not be before court
opens at 10 a. in., the prosecution will
not announce which man it will try
first. The popular belief, and that of
the defense, is that James B. Mo
Nomnra will be selected.
However, it falls out, Attorney Clar
ence S. Darrow, chief counsel for the
defense, said last night, no effort to
delay the beginning of the case will
be made.
"We shall ask for a change of judge."
said Mr. Darrow. "We expect that it
will be denied, .and then the trial will
go ahead."
The McXamara brothers, chatting
in the corridor of the jail, apparently
expected no delay.
"We've got to be ready," said John
J. McNaniara. "It does not make any
difference to ua which of us is tried
first."
Both men. at the request of a news
paper man, were weighed and photo
graphed yesterday, and George Galla
gher, the jailer, checked their present
weights against those recorded when
they entered, April 26. the jail which
they have not left since. James R.
McXamara, who then weighed IP."
pounds, now weighs 142 and his broth
er John has gone up from 206 to 217
pounds. John J. did the talking for
both, asking many questions on his
own account.
"What Is the sentiment about this
case?" was his first one, specifying dif
ferent localities. Most of his other
questions were about machinery for
gathering and distributing news, in
which he seemed keenly interested.
Students Have Real Court.
The visitor, wandering into the
court room of the university of Ok
lahoma law school might well believe
himself in a regularly organized tri
bunal of justice, where the rights of
property are decided and the lives of
men are the stake battled for by op
posing counsel. The senior students,
who are soon to go out in the active
practice of the profession meet every
afternoon during the school week and
argue in due legal form before Prof.
John Pebb Cheadle of the law faculty
nil the complicated mazv of petitions,
indictments, and what not known only
to the skilled in legal procedure. At
present the court is receiving petitions
and passing on motions and demurrers.
In a few weeks the coming barristers
will be plunged in the heat of leg;il
battle fighting with all the eloquence
and logic they possess for imaginary
live: and condemning imaginary crim
inals to the prison cell in scathing
words. The court is in no wise child's
play. Most of the senior students are
well past their majority, many have
received training in law offices, and
a number have won state wide repu
tations for i-lotp.ier.ee having encaged
with signal success in the. state poli
tical campaigns of the past few years.
It is probable that the court will have
an overflow of student spectators on
the rare occasions when it is thrown
open to the public.
Oklahoma's Mineral Wealth.
Oklahoma City, Oct. 11. The import
ance of Oklahoma as a mineral pro
, dueing state Is shown in a report
made yesterday by Mine and Oil In-
specter Boyle to Governor Cruee, cov
ering the period from July 1. 1910, to
" June SO, 1911. During that period the
average daily production of gas was
1,400,000,000 cubic feet and of oil 130.
.000 barrels.
A The report shows that during the
same period 2,569,869 tons of coal were
mined in Oklahoma valued at $6,424,
672.50. The total production of oil was
47.430.000 barrels from 14.279 produc
ing wells; lead and zinc, 8.638 tons;
asphalt, .1.713 tons; gypsum, 111.01"
tons.
Abe Reuf is serving 14 years in San
Quontin jail. He says there is noth
ing wrong with his consctonce. Why
should there be? He has never used
it.
Cannot Continue Third Time.
Oklahoma City, Oct. 11. That a
court and prosecuting attorney can
not continue a prosecution beyond the
second term of court without the con
sent of the defendant and without good
cause, is the holding of Presiding
Judge Furman in the criminal court of
appeals in granting the application of
"Dan" McLeod for alleged violation
of the prohibition laws.
McLeod filed a motion with Judge
Graham to dismiss the prosecution, al
leging that the case bad been con
tinued through four terms of the rourt
upon motion of the county attorney
and over the objection of the defendant
without MiHicicnt cause being shown.
The motion was overruled and Mc
Leod appealed and won.
STRANGERS APPRECIATE
CLIMATE AT SAN DIEGO
San Diego. Cal., Oct. 11. It has been
said by weather experts that the sli
mate of San Diego, Cal., is the finest
in the world. Whether it is or not,
those who have enjoyed it at all sea
sons know that it is good enough to
warrant keeping the Panama-California
International Imposition open the
full year, instead of for six months
as has been the invariable custom for
such expositions. Strangers who visit
San Diego appreciate better than the
people of that city do themselves what
an invaluable asset such a climate is.
It will in fact, be one of the best ex
hibits to bo seen at the exposition;
but there will be plenty of others, and
many which have never been seen at
any other exposition that was ever
held.
The San Diego exposition will be
marked by a profusion of flowers and
foliage. At this moment, millions of
plants are being propagated for use on
the grounds surrounding the exposi
tion city. One can hardly imagine the
splendor for the setting which will be
produced by acres of blossoming
plants, acres of plants with tropical
ex'uiberance of foliage, thousands of
palms and ferns and herbage of un
usual forms. The management is mak
ing the best use of the wonderful cli
mate which allows plants to grow out
of doors all the year around, and the
opening of the exposition will see a
splendid display of botanical wonders
and beauties.
The various states of the west and
southwest, the individual counties of
California, and especially of the south
ern part of4Jje state, will co-operate in
making the big San Diego exposition
ja success in 1915. The counties will
.have extensive exhibits. When it is
i remembered that some of these coun
jties are as big as some states and as
I rich as empires, it will be seen that
they can do much to enhance the suo
,'cess of the whole show.
"Safety First" Is Frisco Slogan.
Since "Safety First" has become the
slogan on the Frisco, no effort has
jbeen spared by the committee in
I charge of this work to bring the mat
ter forcibly before all employes, in
order to reduce the number of per
sonal accidents arising from seeming
ly trivial causes.
i The last plan which has been put
forth by the central safety committee
is that of attaching to each of the
i pay checks a slip bearing this legend:
i"Kighty per cents of the cases of per
sonal injury result from minor causes
j easily corrected or removed. Will you
do what you can to remove such
'causes and encourage care and thus
protect yourself and fellow employes
from injury?"
; Tt is argued that every employe will
pay close attention to anything which
may be made part of his check, and.
therefore, the appeal for greater pre
caution will be brought forcibly to the
attention of all.
i At recent meetings of the central
i
satety committee it was found that a
large number of causes which might
rcsuit in injuries to men have been
t remedied and that all of the employes
, were taking deep interest in the work
of "Safety First."
Arkansas Senator to Wed.
( Little Rock. Ark..
,noiuicement was mad
Oct. 11 An
in this city
j Tuesday of the approaching marriage
I of United States Senator Jeff Davis
j and Miss Lei a Carter of Ozark. The
j ceremony will take place at Ozark
Thursday afternoon.
The bride-elect i sihe daughter of
Dr. W. A. Carter, one of the oldest and
best known citizens of western Ar
kansas. Senator Davis will leave with
his bride immediately after the cere
mony for an extended trip on the Pa
cific coast. Senator Davis is a widow
er. Union Trust Case on Trial.
Muskogee. Okla., Oct. 11 The Union
Life and Trust company case is on
trial in the superior court before
Judge McCain. This is a case in which
the trust company is suing E. X. Rat
cliff. T. X. Buff.ngton. G. W. Edens. L.
F. Knight. Carl C. Magee and W. R.
Robinson on notes ranging in amounts
from $750 to $4.5i alleged to have
been given for stock subscribed by
the various defendants.
ERRITORIAL LI UPHELD
BV COURT C01D0
Oklahoma City, Oct. 11. An inter
esting decision, sustaining the con
'stitutionailty of the territorial law
; which provides for a penalty of $1 per
'day in cases where railroad companies
i failed to furnish cars, was rendered,
.Tuesday, by the supreme court com
imissioners in the case of the C. R. 1.
!& P. Railroad company against W. W.
Heatty, an appeal case from the county
court of Caddo county.
The case has been pending since
19u6, when Heatty secured judgment
against the company for $1 per day
during the time it failed to furnish
cars for the transportation of freight
from Verden to Chickasha, then in Ok
lahoma Territory. The opinion was by
Judge C. B. Ames.
In an opinion by Robertson, the case
of the Bank of Grove against Peter
Dennis. H. P. Wood and W. 11. Wood.
on appeal from Delaware county, was
reversed and remanded. In the suit
brought by the plaintiff in error in the
lower court, the bank sought to re
cover $20 and interest on a promis
sory note. Since 10 per cent interest
had been charged, the lower court
held that the rate of interest was usur
ious, and found for the defendants.
The case of D. M. Phillips against
Joplin Roberts and others, on appeal
from the countv court of Coal countv,
was reversed and remanded in an opin
ion by Judge Robertson. Roberts se
cured judgment in the lower court
against I). M. Phillips of the O. K.
Transfer and Storage company of Ok
lahoma City for the loss of a trunk and
contents.
The decree of the district court of
Blaine county in the case of I. II. Look
abaugh against John P. Bowmarker
was affirmed in po opinion by Judge
Ames. Bowmaker wrought suit in tle
lower court to have a mortgage can
celed, on the ground that it was ob
tained by fraud, and the charges were
sustained.
In the case of Thomas H. Doyle and
Parker W. Cress against school district
Xo. 38. Xoble county, the decision of
the district court of Xoble county was
reversed, and the plaintiffs awarded
$75 as attorney's fees in a decision by
Judge Robertson.
In the case of Jacob Stauffer and
others against John Campbell, on er
ror from the county court of Garfield
county, the decision of the lower court
was reversed. The case was an action
brought by Campbell on a statutory
supersedeas bond given by Stauffer as
principal and endorsed by other parties
the lower court finding in favor of
CROPS IMPROVE WITH
BETTER WEATHER CONDITIONS
Washington, D. C, Oct. 10 Disas
trous weather conditions which pre
vailed throughout the country earlier
in the growing season abated in Sep
tember and the condition of most of
the important unharvested crops Oc
tober -, showed improvement. Corn
was one-tenth of 1 per cent higher than
it was on September 1; potatoes im
proved 3.1 per cent: tobacco 9.4 per
cent; flax 1.2 per cent: apples 3.6 per
cent. Rico condition declined 1 per
cent.
The effect of hot weather and drouth
throughout the growing seas.m was
shown in the official preliminary esti
mates of the production of spring
wheat, oats and barley. These show
ed a loss in production over last year's
harvest of an aggregate of 301.000.it00
bushels. All wheat is about 40,000.000
bushels less than last year.
The indicated total production of
corn, as figured out. from the current
condition, will be about 356.000.000
bushels less than last year's crop.
Buckwheat is almost 2.000.000 bushels
less than last year. .potatoes 60.000,000
bushels less. tobacco 269.000.000
pounds less, and rice 2,000,000 bushels
less. Flax is the only important crop j
which will give a harvest greater than j
last year, the present season produe-1
ing about 10,000.000 bushels more.
Official preliminary estimates of
production of important crops follow:
Crops. 1911 1910
Spring wheat 200.367,000 231,399.000
Winter wheat 435,149.000 464.044.000
All wheat... 655.516.000 695,443.000
Oats 873.641.000 1.126.763.000
Barley 143.951.000 162.227.000
Rye 30.677,000 33.039.000
Hay (tons).. 46,969,000 60.97S.000
The indicated total production of im
portant crops not yet harvested, as
shown by their condition on October
1. follows:
Crops. 1911 1910
Corn 2.769,348.200 3.125.713.000
Buckwheat .. 15.699.600 17.239.000
Potatoes .... 27S.531.300 3CS.Sll.0oa
Tobacco (lbs) 713,342.320 94S.349.0O0
Flax 24.405.000 14.116.oo.)
Rice 22.3S2.400 24.510.000
Campbell.
j In the case of William E. Linton
i against the Chestnutt-Gibbons Grocery
'company, on error from the district
j court of Muskogee county, an action
j brought by the company on a promis
sory note for $179.19, a verdict for the
plaintiff was sustained.
In the case of the El Reno Gas and
Electric company against C. C. Spur
geon. the district court of Canadian
county was reversed. Springer brought
action against the company for $10,000
damages on the ground that H. E.
Stephens of the company, had caused
his arrest on a charge of stealing cur
rent. Verdict was found for Spurgeon
in the lower court.
Judgment for the plaintiff was af
firmed in the case of J. L. Selby against
E. T. Jarrttt, on error from the county
court of Mcintosh county, where Jar
rett entered suit to recover commis
sions for the sale of personal property
and judgment was found in his favor.
Case of Frederick B. Stein against
Ben Adams, appealed from the district
court of Okmulgee county, judgment
for Adams a firmed.
The appeal of the Barnes-Smith Mer
cantile company against W. J. Melton,
from the county court of Ottawa coun
ty, was dismissed for lack of prosecu
tion. The appeal of the Bryan County
State bank against Eugene Kimball,
from the county court of Atoka coun
ty, was dismissed because no brief
had been filed by the plaintiff in error.
ASK FOR ADVANCEMENT OF
CHEROKEE CASES ON DOCKET
Washington, D. C, Oct. 11 Attor
ney' General West of Oklahoma ap
peared before the supreme court Mon
day and filed a motion to advance
three Oklahoma land tax cases from
the Choctaw Nation; also to advance
the case of Meyer vs. Wells-Fargo Ex
press company, involving the consti
tutionality of the Oklahoma gross rev
enue law, and the case of Harrison vs.
the St. Louis and San Francisco rail
way, involving the constitutionality of
the Oklahoma law seeking to force for
eign corporations operating in Okla
homa to have their sole domicile in
Oklahoma.
Solicitor Lehman of the department
of justice asked that the Moses Whit
mire ease, involving the allotment of
Cherokee land to 1,500 negroes, be ad
vanced. While these proceedings were being
held in the supreme court Judge Ber
nard of the court of appeals of the
District of Columbia was hearing ar
gument as to whether children of the
Cherokee Nation born after Septem
ber, 1902. shall be included in the dis
tribution of land and money, in ac
cordance with an act of congress.
The litigation involving the claim of
the Cherokee children was instituted
by Levi B. Gritts and others, who
sought an injunction to prevent the
payment of money to heirs born after
September, 1902, about 5.600 in num
ber. An injunction was denied, and
an appeal was taken by the plaintiffs,
who represent about 36.000 Indians.
TWO CHEROKEE DELEGATIONS
APPEAL TO DEPARTMENTS
Washington, D. C. Oct. 10. Two
delegations of fullblood Cherokee In
dians will lay their troubles before
the interior department this week. One
delegation, headed by the redoubtable
Suzan Sanders, arrived Monday and
another party, headed by John and
Mary Lehan, who are coming over
land, will reach here today.
In Suzan Sanders' party are Rev.
George Liver, a Cherokee Baptist min
ister and Iaac Hummingbird. With
them is John Howard, white, who acts
as secretary and interpreter. Their
mission here is to adjudicate all claims
of the Cherokees under the treaties of
1S20 and 1S46. The claims which they
tfant to adjust are for lands which
they assert were wrongfully given to
270 white men and women who had
married into the nation, and to 5.000
negroes. The delegation bears cre
dentials from a convention of full
blood Cherokees held at Stillwell,
Okla., on September 16.
The mission of the Lehan party is
vagurely known to deal with certain
lands in the Cherokee Nation which
they claim. The party appears to be
a family affair and is composed of
John and Mary Lehan and their twenty-one
children and five grandchildren.
They are traveling in wagons and pitch
their tents wherever night finds them.
Ben Cravens on Spnd Trial.
Guthrie, Okla., Oct. j0hn Em
bry, United States distt attorney,
last night forwarded to te(j states
Attorney Lyons a Kansas-ty tne Jn.
dictment papers against B Cravens,
who is serving a term in thMissourj
penitentiary under the name Carles
Maust. V '
His term expires Xovembe and
through Mr. Lyon's office he -( e
transferred to the federal jail iri,ltll.
lie until his trial is held nere
j January on the charge of murdnf.
Akin Bateman. manager of
e
Schwartz store at Red Rock, in t.
nary, 1901. Cravens was reindict
during the recent federal court term
Enid.
Bert Welty, alleged to have been,.age to women, but had oy a
r n.i ; Corvinf-v.: niailp the initiative ana
a life term for the Bateman murder.
DELUGE OF MOTIONS
III SUPREME COURT
Prominent Among Motions Was One
Involving the So-Called Louisiana
And Missouri Rate Cases.
Washington, D. C, Oct. 10. A de
luge of motions from sixty odd attor
neys met the supreme court of the
United States when it convened Mon
day after a four months' recess. The
court then adjourned until today,
when it will begin hearing cases.
Prominent among the many motions
for early consideration were those in
volving the so-called Louisiana and
Missouri rate eases, involving the ques
tion of state regulating interstate com
merce; that of leasing of the public
coal lands; consolidation of Presby
terian churches throughout the coun
try and the constitutionality of the
naturalization law of 1906.
The court also was asked to quickly
pass on the constitutionality of Ma
dera, Ca , constructing its own water
works concern whose rates city of
ficials regulate. It is said .the case
may affect the constitutionality of sim
ilar action in San Francisco and other
California cities.
Attorneys for Virginia asked the
court to "speed die cause" in the suit
of that commonwealth against West
Virginia to require the latter to bear
a portion of the Virginia state debt at
the time West Virginia became a state.
The supreme court has handed down
its opinion, holding that West Virginia
should pay a portion of the debt. But
it has not issued its mandate requiring
West Virginia to do so.
The court extended for ninety days
the time given Tennessee to answer
the boundary suit against it filed by
Arkansas. Tennessee was to have made
its dissent by today. Colorado also
was to have entered its dissent to the
irrigation suit brought against it by
Wyoming. Permission was given to
Colorado to answer January 1, 1912.
OKLAHOMA GOVERNOR WILL
ASSIST IN COTTON FIGHT
Oklahoma City. Oct. 11. Governor
Lee Cruce sent the following telegram
to Governor O. B. Colquitt of Texas:
"Replying to your telegram suggest
ing a conference of governors and sec
retaries of agriculture of cotton pro
ducing states, will say that a meeting
of this character to be held in Dallas
or Fort Worth would be satisfactory
to those of Oklahoma interested in the
matter. I agree with you that the
present price of cotton is not justified
by existing conditions and in my judg
ment the decline is the outgrowth of a
combination of speculators and gamb
lers who have no regard for the public
welfare. I do not know what remedy
could be offered to coiect the trouble,
but certainly the conference suggest
ed by you should it produce no good re
sults could in no wise make the pres
ent situation worse than it is."
Governor Cruce said that he would
not be able to attend the conference,
but that the state would be represent
ed by G. T. Bryan, president of the
state board of agriculture, or Benj.
Hennessey, secretary of the board.
New Oklahoma Charters.
Oklahoma City, Oct. 11. The follow-
ing Oklahoma charters were issued
yesterday:
me warmers Lorupress and Oil Mill
company of Marietta, capital stock $13,-(tary of the organization, "and it is
000; directors, John P. London, J. W. j planned to make it a clearing house for
Scanlon. S. Westherand. J. E. Robin- progressive ideas and achievement in
son, all of Marietta. the essential industry of agriculture.
Ochelata Light and Water company,! We shall have speakers of national
Ochelata. capital stock $60,000; direc-! reputation to discuss social and
tors. J. F. Hughes. Arthur Davidson,
Oscar Olson, all of Oklahoma City.
Southern Construction company,
Muskogee, capital stock $15,000: di
rectors, Frank G. Manson, August F.
Krummrei of Muskogee, II. S. Atwood
of Parsons, Kans.
RUFFRAGETTES III
L
Sue Railroad Commission Becomes
Appointive Body And Powers
May Be Enlarged.
Cal., Oct.
11. With
detains from little more than one-tenth
of the state at hand, the indications at
9 o'clock last night were that Cal -Vornia
had refused to grant equal suf-
LMn.im"and the recall, the latter
iding the judiciary, part of its or
ga? law.
Wy-three proposed amendments
to t constitution of the common
wealtwere voted upon yesterday. Of
these ,e three mentioned and the
propos
Un to make the state railroad
commisa.. nn onnnintive body and
U an
empower! the legislature legally to
enlarge tht.lowers of the board, over
shadowed i. public, interest all the
rest.
The lasx nirned, according to the
early returns. ,een carried.
In all cases- two-thirds vote was
.necessary for action.
Returns up to , o'clock last night
showed 8,035 votes io,S10 with but
3,610 against, while ivainst. The in
itiative and referendum, oa he other
hand, showed 'a favorable vott of 10,-
hjj with but 3,61 0 against, whu the
recall, notwithstanding the bitter fight
made against it by many leading re
publican papers, was favored with
even more emphasis, 11,2$0 votes being
recorded in its favor and 3,487 against.
The railroad commission amend
ments were favored by a vote of 8,710
and 6,864 against Ht. Southern Cali
fornia voted heavily against granting
suffrage to women, probably by at' ,
other bay counties, and in the north-
prn ritrns belt, a maioritv was Dolled '
fagainst the proposed amendment.
"Yesterday's ejection parried to a con
clusion the campaign for reform meas
ures, started by Governor Hiram John-f
son and the last legislature, which was
overwhelmingly "progressive" republi
can. Johnson's election and the election
of the legislature followed the adop
tion by the state of a direct primary
law. Governor Johnson stumped the
state in advocacy of the proposed con
stiutional amendments.
PROMINENT MEN TO EE
SELECTED AS TRUSTEES
I &POane, w asm,- uci. 11. f uteen
prominent men in various parts of the
United States have been invited to be-
come trustees or tne national coun
try Life Congress to meet in Spokane
November 24 to 29, under the auspices
of the country life committee of the
Spokane chamber of commeise and
the country life commissions of Wash
ington, Oregon, Idaho and Montana.
They are:
Charles S. Barrett, Union City, Ga.,
president Farmers Educational and
Co-Operative "L'nion; J. H. Worst,
North Dakota, president National Dry
Farming Congress; Dr. Henry Wallace.
Des Moines, president National Con
servation Congress; Edward J. Ward,
Madison, chief of Civic and Social Cen
ter Development, University of Wis
consin; Whitman H. Jordon, Geneva,
X. Y president American Association
of Agricultural Colleges; W. II. Hoard. f
rort Atkinson, "Wis., editor Hoard's '
Dairyman. U
r. u, couurn, lopena, secretary Kan-r j
sas State Board of Agriculture; James j
J. Hill, St. Paul, chairman board otj
directors CrPSt Vnrtlmm Poilirovl
. v - . 1. IV. .11 , UJ
company: Liberty Hyde Bailey, Ithaca,
X. Y president College of Agriculture,
Cornell; G. Harold Powell, Los Ang
eles, manager Citrus Protective
League; Dr. F. W. Gunsaulus, presi
dent Armour Institute, Chicago; Wall
ter H. Page, Xew York, editor Thef
World's Work; Joseph Chapman, Mini
neapolis, chairman agricultual commit-?
tee, Minnesota State Bankers' Associa
tion; N. J. Machelder, Concord, X. II,,
master National Grange, and K. L.
Butterfield. Amherst, president Mass.--
jchusetts Agricultural college.
: "The National Country Life Con,
gress. which has established head-
quarters in Spokane, purposes to con- (
tinue and enlarge upon the good work J
of the National Coi
sion," said Fred Niedehauser secre-
economic problems and devote some
time to the redirection of the rural
school and church, improvement in
soil production, building of permanent
highways and the readjustment of
methods of marketing products of the
farm."
HIF0R1
St