davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-11-02
BoNN1FIELD, J. CoNCURRING.

There are two petitions filed. on the
part of the appellant for rehearing of the
case on the question of the value Of the
property and the question of penalties.
In n of the petitions it is argued, tO-wit:
The only question to be determined. was
the property assessed for more thar it's
cash value. Surely that was all the jury
had to determine i'll this case. and on this
question they found for the defendant.
1t cannot he that the court intends to de-
strOy the law by adding to such a judg-
ment the penalties imposed, If so. it
would be saying to the taxpayers, though
your property has been over valued, and
though you nave been wronged by the
State, if o seek redress in the courts,
and prevail, the law will impose on you
such penalties, that o had better suf-
fer the wrong than to apply to the courts
for a remedy"
h answer to the above is, that the
question WAS the property assessed for
more than its cash value?" was no the
only question to be determined by the iu-
ry aud the court, but the question to be
determined was: What was the cash val
ne OF the property at the time of its as
seeSinent for the year 1895? Had the de
PENDANT in its answer on the question OF
value, simply, alleged that its property
was Overvalued, | am of opinion the court
would have properly ~disregarded the an.
sWer as being frivolous. The plaintiff
claimed hat the property in question was
of the value of S254,32l. The defendant al
legged by its answer that the value was
only Sl3l 800, and this value it undertook
to maintain by evidence at the trial. anC
upon this theory of the value its defense
to the action rested. The jury found tina
the value was S2l2, 900, being SsO,200 more
than the value alleged by the defendanr
and on which its defense was based.
! am inclined to the opinion that it can.
not be fairly claimed that on the question
of value the jury found for the defend
ant"
AS to destroying the law by adding the
penalties to the Judgment, / agree tina
such is not the intent of this court, but tC
sustain the law by letting the penaltie.
remain as imposed by the law, and in sc
doing it is not saying, ito the taxpaye
though your property has been overval
ued and though you have been wrOngeC
by the State, etc. But the law says tt
the taxpayer, if you think your property
has a cash value of only a certain sun
which you name, you may tender tn,
amount OF taxesdue at proper time, base(
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-11-02

on such valuations; o may allege such
cash value and tender in your answer in
the suit for our delinquent taxes and
keep your tender good. aud if you sue
coed in establishing your theory of the
value to the satisfaction of the court or
jury, the sum you so tender shall be re-
ceived and you shall not be subject to
costs of suit or any penalties, but if you
fail in your defense and the court or jury
shall find the value to be a greater sum
than that set up in your answer, your de
Tense shall only be etfectual as TO the pro-
portion of the tax based upon the excess
of valuation made by the officers, over
and above, the value found by the jury or
court.
But it is claimed, that the defense in
such case shall have the further effect of
relieving the taxpayer from the penalties
for which the statute demands that judg-
ment shall be entered; that the amend
ment of 1895 was intended by the Legis-
lature to repeal the provision imposing
penalties where the question of the value
of the property is submitted to the courts,
and it shall be detern i led by them that
an over valuation was made, even If, IN
no greater amOun han II dollar.
In answer to this contention it is sutf-
cient to ": that the Legislature of 1895
which amended Sec. 80 of the Revenue
Law must be presumed to have known
the provisions of Sec. IS. which requires
certain penalties to be included in all
judgments for taxes and the several de-
cisions of his court sustaining such pro
Visions. As they made no change i'll lht
law with respect to penalties they must
have desired to let it remain in full force
| will not ada anything further to wha1
is said above by the Court, except, tha'
since said petitions were filed have care
fully rc-examined the evidence, and re
considered the briefs and arguments o
respective counsel and am fully satisfied
; that the evidence is sufficient to supper
t the verdict of the jury, and that the Law
sustains the Judgment for penalties.
1 see no good reason for further delay in III
final determination of this case, II al
e of opinion thai a rehearing should be de
MED.
Filed October. %, 1897.
EUGENE HOWELL,
I Secretary of State and ex-otliciO Clerk @
: the Supreme Court.
= Filed with printer for publication OetC
4 Der %, 1897. Eugene Howell.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-11-02
A SINISTER

Yesterday an cid man named L>avel
was walking along a San Francisco
street. Lavel is sixty years OF age
and is very poor. These are his only
crimes, we believe. Tnus peaceably
walking along. this old man was
suddenly attacked and brutallv
beaten by a drunken 1ufian. This
drunken %ruffian was one Haskins, a
member of the Board of Supervisors
of San Francisco. There was no
cause for his brutality. The old man
was unknown to him. The brute
simply permitted himself to be
brutal because it pleased him TO be.
Now, all this is bad and causes the
foot of d decent man to yea1n to do
some sound kicking. But listen to
the worst:
While this old man was being
sha1nefully beaten a policeman ar
rived. What did he do? Well, he
made a note Of the affair and reposted
it subsequently to headquarters. Did
he arrest Haskins? Not much.
Haskins is a Supervisor.
Aud now we quote the words of the
victim:
made up my mind to swear to a
complaint against Haskins for bat
terv, and have him arrested on a
warrant. | had intended to go to the
City Hall next morning for that pur-
pose, but when thought the matter
over again l came to the conclusion
hat it would do ME no good. What
can a poor laboring man like myScl
do against a Supervisor like Has
kins, with all his political power anC
pull?
The blood boils when one read.
these words. Behind the pathos o
them there is a sinister meaning
which ought t. make pause any MAJ
who loves his country. These word
show that the common people ar
SdlAIdlSd viii liz wv Jtol ''C4lSI NAACl
the courts are at the service of tn
powerful and rich.
We believe poor Lavel to be right
We think he could do hOthin!
against Haskins, with all his politl
cal power and pull. And we are SUI
that it will lever be we'll with the re
public so long as the meanest citize
stops at the door of the courts, Ce1
tain that he cannot obtain justiC
within.-Stockton Mail.
Now there is a remedy for this.
is the ballot box. But the poc
laboring men of San Francisco,
they had the chance to down Haski1
at the next election, would vote ft
him solidly ifhe was on their ticke
The politicians no longer fear til
vote OF the poor in big cities. II
voters can be herded and driven Ill
sheep to the ballot box to vote. (
the bosses dictate.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-11-02

OHarry Flanrery vas in town yes
terday looking after the gaps in his
Congressional fences.
Hon Thomas Wren was in town
yesterday.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-11-02
Spring storms first Overturr

Spring storms first overturn
those trees which are not well
grounded. Don't let these
enervating spring days find
you poorly prepared to resist
Them. Tohave strong nerves,
rich blood, good appetite and
sound digestion is to be well
grounded. SCOTS Emulsion
of Cod-liver Oil with Hypo-
PhosPhites will give all these,
because it nourishes the whole
system and reaches the very
tissues of life. Better have
the spring cough blow by you
rather than stop with you for
weeks or all summer long.
For sale by all druggists at 50 cents and SIoa
SCOTT s. BOWNE, Chemists, New York.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
ARDMoRE, WEDNESDAY, JAN. 1s
AN APPEAL TO LEASE HOLDERS

THE ratification of the Dawes
Choctaw treaty means the absO-
lutte confiscation Of all property
interests in the Chickasaw
nation held by non-citiZens and
derived from lease-holdings.
A representative farmer con-
vention assembled at ArdmOre,
Jan. L, '97, and by a unani-
NOUS vote elected Hon. 5. NJ.
Tolbert, bona fide farmer of
Mannsville. /. T., to go to
Washington at once and protest
iii the name Of 10000 lease
holders against the ratification
of that treaty. Every district
in the Chickasaw nation was
represented at the meeting and
it was the universal opinion
and thought that only by quick
concerted action could absolute
ruin be averted. The expenses
Of Mr.. Tolbert must be paid by
the parties Interested, and we
the committee appointed OF
ways and means, recommend
the following plan and anxious
ly request the cooperation o
lease holders throughout tn,
nation.
Organize leagues at eacl
school house and postoffice il
the nation. Elect a chairman
and secretary. Solicit sub
scriptions from the members 0
the league and at once forwar,
the money thus raised to Capt
John L. Gait at ArdmOre, Ind
Ter. Delay means penury an,
it is only by the most promp
action that any thing can b
accomplished. ORGANIZED OF
ganize at once, and let II
make a fight in the halls of cor
gress to protect the homes G
our wives and children.
N. H. MORAN, ]. T. BENNETT
Chairman. Secretary
W. A. WELDON, Committee
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

their records so as TO make them
tell the truth. Bank vs. withers, 6
Wheaton, IO5. People vs. All Wing,
~ Cal, Is.
The court below committed no
error in transferring this case to the
equity side ofthe docket. The lease,
as such, was void; but it was more
than a lease OF land; IL was also n
contract for making certain improve
ments on the lands which were to be
made in lieu of cash payments, or OF
giving portions OF the crop. The
court below properly held that the
appellee should not be permitted to
Tepossess herself OF the land in ques-
ton without allowing appellants
remuneration for the improvements
they had made on the land. At the
same time il was proper TO require
them TO account forsthe benefits they
had derived from the use of the
land. These questions were such as
could only be fully and properly de-
termined with so large n number oi
defendants, each having separate in
terests, by the exercise Of equity
Jurisdiction.
Upon n careful examination of the
record, briefs and arguments, in th'
case at bar, we have reached the con
clusion that substantial justice ha,
been done Allconcerned, and that M
errors appear which entitle appel
lants to reversal Of the judgment anS
decree entered by the court below
Affirmed.
LEWIS, J., Concurs.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
NOTICE

All persons are hereby notifie
that letters Of administration upon
the estate Of -. ID. Flow, deceased,
have been granted 10 the undersign-
ed, by the United States court for
the Southern District at Ardmore,
and all persons holding claims or
debts against the said estate are
warned aud notified to present all
such claims and debts TO me, properly
authenticated within one year from
the date hereof, or they may be pre-
cluded from any benefit in said
estate, and 10 such claims be not
exhibited within two years from the
date hereof, they shall be forever
barred and precluded from any bene-
1T from such estate. Witness my
hand this Dec. 10, isa6.
FANNIE r.. FLOW,
Administrative OF estate Of ID. ID
Flow, deceased. dec i6-tfeb
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
Bucklen,s ArnIca salYe.

The best salve in the world foi
Cuts, Bruises, Sores, Ulcers, Salt
Rheum, Fever Sores, letter.
Chapped Hands, Chilblains, Corns,
and all Skin Eruptions, and post
lively cures Piles. or no pay re-
quired. 1t is guaranteed TO give
perfect satisfaction or money re
funded. Price % cents per box
For sale bv Frame. Green & Co.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

Double ease gold watch anj
heavy cham. with both ends OF
chain in ring Of watch. Watch
was once key winder but has
been changed to a stem winder.
On the outside Of lid has X. NJ.
+. within a circle. Will pay -
on receipt of watch and chain.
Lost on Thursday between Hol-
der and Marietta.
S-tf w. 4. EvERHEAKT.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

bA7AAteAs AAt@tsAAA NAAtt@fe ~ aus
Valley.
The r.. =. Cowan Lumber 60.
vs
Valley Brick & Lumber Co.
Notice Is hereby given that under
and by virtue Of an order and iudg-
ment uf the United States Court AZ
Pauls Valley, Indian Territory en-
tered in the above cause and fled on
Tuesday the 26th day Of December,
iss6. will, on Thursday the 2sih
day Of January, 1897. expose 20
public sale, to the highest bidder the
following described property, situa-
ted In the town Of Ardmore, Indian
Territory, to-wit:
All the right, title and interest
owned by Albert Rennie on the sith
DAY of July, iss5 in and to a certain
frame residence az the southwest
corner Of Matthews and Springer
Streets in the town Of Ardmore, In
dian Territory, and the lot on which
the same j. situated, being ii2 feet
front by lfu feet deep also one uoA
residence consisting Of three rooms
on the west side OF Frensley Street
north Of Matthews Street in the town
OF Ardmorc. Indian Territory. SAID
property will be sold az public auc-
tion 10 the highest bidder on three
months credit, and the purchaser a.
said sale will be required 70 execute
TO me a bond with good and sum
cient security to be approved by me
for the amount Of the purchase Priee
Of said property. Separate sale VIII
be made Of each item Of said
property.
Witness my hand az Ardm0re' J.
I I. this 9Th day Of January, lss'
GEO n. BRUCE,
Receiver and Commissioner
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

Ladies' vests, wool and cot
ton; children's union suits, wool
and cotton; ladies' union suits,
wool and cotton just received
at ID. Head x Son.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

DeWitt's Witch Hazel Salve is an
antiseptic, soothing and healing ap-
plication for burns. scalds, cuts,
bruises, etc, and cures piles like
magic. II instantly stops pain.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
chlneae Lilies.

| have a lot of Chinese lily
bulbs which | will sell at %
cents each. Hone LEE,
at Chinese Laundry.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
IMPROVEMENT CONTRACTS VALID.

court Ol dpIedIS IOI luc 1iiult'h
Territory, rendered in the case of
Anna G. Brown VS.. J. X. White
ct al. 1t involves the question
of the validity of lease contracts
and the rights of nOn-citizen
lessees. This was a suit insti-
tuted by Anna @. Brown
against j. X. White ct al to re-
cover possession of a tract of
land and the rents accruing
thereon during the time of the
alleged unlawful detalner. The
defendants answered declaring
on a lease for nine years made
with Monroe Wolf, who at the
time he made the lease held Il
conveyance of the premises
from Anna G.. Brown. Anna
G.. Brown replied that MOnoOe
Wolf obtained the conveyance
from him by fraud, and that
the lease he made to White ct
al was void for being in conflict
with the Chickasaw laws; but
alleging that she was willing
that White ct al should be fully
reimbursed for all improve
ments made under their con
tract with Wolf before she
should be put III possession.
| White asserted that Mrs. Brown
was estopped to deny the valid
ity of the lease on the ground
that it was prohibited by the
! Chickasaw law. Judge Kilgore
held that she was not estopped,
| because the contract was not
made with her; and this the
court affirmed. He also held
that before she could recover
possession of the premises she
must fully compensate each of
the white tenants for the reaS-
enable value of all improve
mentS placed on the premises
under their contract with Wolf;
and that they should be charged
with the reasonable rental
value of the land curing the
> time they had occupied it. The
court of appeals affirmed this
part Of the decision, stating
that it is the most equitable
| rule that could be adopted fol
t the adjustment of these difficult
ties. 1t will be noticed that the
d court of appeals also holds thai
Il if Anna q. Brown had made
IL these contracts direct with thes,
; parties, she would be estOppet
j to plead the invalidity of tn,
d lease under the Chickasaw laws
= In other words, that al
|. ordinary lease of lands for tn,
u period of 9 years is void but a!
II both parties to the cOntrac
e violate the law when they max,
: the same, neither will be per
S mitted to set up its illegalit,
l. and deprive the other of tn,
II benefits of the contract. Blu
with reference to what ar
+ particularly known as i'm
= prOvement contracts" in tn
= Chickasaw Nation, it will b.
noticed that the court says
o THE lease, as such, is void
= but it was more than a lease o
Y land; it was also a contract fo
IS making certain Improvement
d on the lands which were TO b.
S made in lieu of cash payments
II or of giving portions of tn
o crop. The court below prOperl
q held that the appellee shoul,
not be permitted to reposses
herself of the land in question
without allowing appellant
remuneration for the improve
ments they had made on tn
Is land. At the same time, it wa
e proper to account for the bene
a fits they had derived from tn
o use of the lands"
1t will be seen from thi
opinion that it affirmed ever
u ruling of the court below, sus
1t tanning Judge Kilgore in ever
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

30 acres. inside city limits
Apply at once.
ARDMOREITE OFFICE.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
Arrival and departure U. 5. Malls.

Arrival and Departure U. s. Malls.
South bound mail closes 4:45 p. m.
South bound mail arrives $50 pm.
North bound mail closes lI:15 a. m.
North bound mail arrives II 100 m.
Night mails are closed at $3.50 p. m.
Money order department is open
at a. m, and closed at p. m.
Office hours from a. m, to pm
Sundays from 8 a. m, to a. m.
MORAN SCOTT, p. NJ.
EDGAR SANDLIN. Deputy.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

Car load Of Hannibal High
Patent Flour just received at
the Star Grocery.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

Boarding house on Broadway
formerly known as the COnlee
House. Call on II. b. Conlee at
j. r. Spragins a. Co.'s. Stiff
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

4 good room on Main street.
suitable for a small business.
Apply at ARDMOREITE office.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
PROF. Il. BROWER,
TEACHER or
Violin and Mandolin.
PIANO TUNING.
Ro YEARS EXPERIENCE

Director Bruwcr's Band and Orche>-
ira. Music for all occasions.
Leave orders with ". Il. Burnitt
or NJ the ArdmOrcitc office.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

In the United States Court, Southern
District, Indian Territory. az rauis
Valley.
The r. =. Cowan Lumber 60.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

You are especially invited to
visit the STEAM SHOOTING GAL
LERY, on West Main St., every
afternoon and evening this
week. Everything is clean and
neat, and excellent order is
kept. 1t is a novel feature for
the ladies and one in which the
management is satisfied the
ladies will take an interest.
GEORGE H. PARKER,
12tf. Prop.
The Pay Train has arrived,
and appears at the Opera House
tonight. The company carry a
carload of special scenery-the
Great Railroad Scene, the Boil
er Explosion, the Robbery of
the Pay Car-nothing like it
ever seen upon the Ardmore
stage before. Everybody should
turn out.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

Credit.
Yes, to those who pay their
debts. To others, NO.
lift WILL PYEATT.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

Cheapest Groceries in town at
the Star Grocery.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
On the Celebrated Case of Annie
G.. Brown vs.. j. X. White
aud Others.
THE VERBATIM REPORT.
The Court of Appeals Decides That
No Man Can Be DIspossessed OF
improvements Until Re
numerated.

The following decision sustains the
Judgment and rulings of Judge Kill
gore upon the many vital questions
affecting the interests of non-citizens
owning improvements upon land
under contract in the Chickasaw
Nation:
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13
TIME TABLE.

Gulf. Colorado and Santa Fe Railway.
SOUTH BOUND.
Galveston and Chicago Express 4:l0 j. IN.
CIeburne and Kansas City Express $50 D. n
NORTH BOUND
Galveston and Chicago Express l2:35 a. m
Cieburne and Kansas City Express 1:40 a. IN
/. r. MASON. Ticket Agt.
W. S. KEENAN,. Gen. Pass Agi.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1897-01-13

Amounting to thousand. Of dollars aud
all will be sold at auction to the highest
bidder. Sale heg.nS
Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1897-12-03
ROADS FOR MISSOURI.
DRAIN ON THE STATES RESOURCES
TO Be CHECKED.

OF 81 COO, 900 Spent For Roads Last Year
seers--Common Roads Neglected and
Farmers and Merchants Suffer.
A state convention for good roads and
public improvements will he held at st.
Louis on Nov. 20 and 90. A call for
this state convention has been prepared
by the officers elected at the charities
and correction and good roads conven-
ton held at st. Louis last year Circu-
lars have been Issue, and 1.-THE States
Duty" and other literature has been sent
into all sections of the state. urging the
necessity for the Judges Of county courts,
tho mayors Of cities and the commercial
bodies to name delegates to this impor
tant meeting.
1t is proposed that each county judge
shall lame two delegates from Il county
and that every city and incorporated
town and also every commercial body
shall send representatives w H. Moore,
president of the charities and corrcc-
t,on aud good roads convention Of last
year; T.. Z. Rowse. the secretary, and
President Jesse OF the state university
at &c lumbia, who is one Of the vice
presidents, and many other prominent
citizens of Missouri are taking all &C.
tive interest in the arrangements for the
coming good roads and pubic improve
ment convention.
1.-The chief object in calling this con-
vcntiDn moro thana year before the for
ticth general assembly Of Missouri will
convene is to arrange in advance for the
enactment Of feasible road legislation, I"
said President Moore recently, "When
tho people Of Missouri understand how
road construction is progressing in a
systematic and practical way in other
states, it will be an incentive for the1u
to adopt similar plans for the building
of good roads and the promotion Of pub
lie improvements. Conventions crystal
ilzo public sentiment. This state has as
much road Legislation on its statute
books as any state in the Union, per-
haps, but the fact that good roads are
not being built in Missouri is proof that
active and consistent legislation should
be enacted.
Missouri spends 81, 900, 600 a year OH
her common roads, but last year $685.,
900 of that sum Went into the pockets of
road ovcrsecrs. Tho common roads have
been neglected in this state. AS has been