davidaulloa/AmericanStories huggingface dataset:
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06

Below will be found the full
text Of Judge Gill decision in the
Rogers case, and while it is not
exactly applicable to this Nation
it shows the drift. and as the same
constitution and "due process of
law" covers the whole territory
the decision is mighty good read
ing. The judge says:
Does the statutes of the United
States giving the secretary OF the
interior certain directions. viz,
Sec. 2O5S r s u S., authorize him
to prescribe how the laws of the
Cherokee nation shall be carried
into force and effect, by rules and
regulations, when such laws them
selves prescribe different meth
cd of procedure In other
words can the secretary of the in
terror make rules and regulations
to carry into force and effect a
Cherokee law in a different man
ner aud by a process different
from that prescribed by the law
under which he undertakes to actg
Or TO put it more strongly can the
secretary of the interior by rules
and regulations amend the Chero-
kee statutes by prescribing the
mode of its enforcement, and in
that way assume to exercise the
powers of congress in that regardg
1t is the opinion of the court that
this power does not rest in the sc
cretary of the interior. That the
secretary of fthe interior may make
rules and regulations not incon-
sistent with law in relation to the
control and regulation of the Indi
ans. and Indian affairs, with nom
citizens of The tribe, cannot be
disputed, but he is not authorized
to make law. If the secretary of
the interior, without substantive
statute TO that end, may come in
to the Cherokee nation and acting
upon Cherokee statute seek to
control the effects of that statute,
by assuming the duties of Chero
kee officers under that statute, all
, that he could do would be to pro
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06

CtOu III AHC hdhuCi ~ 80
the statute which would require
him if he found an Indian doing
business and trading within the
limits of the Cherokee nation
without the license prescribed by
law. to close his business and re
port him to the tribal court OF the
district in which he was doing
business, for his failure to com
ply with the law, which tribal
court no longer has any existence
and can perform no duties in ref
erence thereto. TO hold that the
secretary can collect this tax or
close the business of an Indian
trading in the Cherokee nation is
to hold that he has absolute, m
qualified, undisputed autocratic
sway over the interior trade of
the nation by its citizens. The
court does not believe that such
power vests in the secretary of
the interior, as the law now stands
as to the five civilized tribes.
In 1890, by act of congress of
that year, the constitution of the
United States was pnt into force
and effect in the Cherokee and
other Indian nations of the five
civilized tribes. This was reitera
ted in the act of June, 1897, and
the courts of the United States
given absolute jurisdiction both
in law and equity over all citizens
irrespective of race, color or pre-
vlous condition, and the laws of
the United States was extended
over the Cherokee nation. The
constitution ofthe United States
provides in specific terms, Art. 8,
amendments to constitution, that
no person shall be deprived of
life, liberty, or property without
due process of law" and this right
has since 1890 been given to the
Indians of this nations BY due
process of lawn is meant the right
to contest any attempt to deprive
a person of their life. liberty, or
in the courts having ju
BY reason of the act of June 3S,
1898, it would seem that the right
to contest the collection of this tax,
by trial in any court has been taken
absolutely away from Indian trading
in the Cherokee nation; consequent
Iy there is no legal method by which
the tax imposed under a Cherokee
statute can be enforced. Certainly !
the term, ''bY due process of law"
ioes not include any other method |
pointed out by the law itself. The
secretary of the interior is author
zed to make rules and regulations
within the law, and not inconsistent
with the law, but he cannot make
Ihe law nor change 1t, nor alter ITS
Torce or effect, nor can he take from
DR. add TO the law, and, except this
aw be changed in some way, it can
lot at this time be enforced as the
aw itself prescribes. Had congress
designed that the secretary of the
Interior should collect the tribal
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06
Editors Awful Pllght.

F. M. Higgins, Editor Seneca
qlls) News, was afflicted foryears
with Piles that no doctor or rem
edy helped until he tried Bucklen's
Arnica salve the best in the world.
He writes two boxes wholly cured
him. In fallible for Piles. Cure
guarranteedat, Brown 4 Co., drug
store.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06
A Powder Mil! Explosion.

Removes everything in sight;
so do drastic mineral pills. but
both are mighty dangerous. No
need to dynamite your body when
DIR. Kings new life pills do the
work so easily and perfectly.
Cares headache Constipation.
Only - cents at Brown & Go,
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06
Opinion by Judge Gill
on Tribal tax Question.

Secretary Hitchcock Perpetnally
Restrained from interfering
with the Business of Cherokee
Merchants.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06

EOR SALE-A residence with five lots In a
L good neighborhood. Apply to address
Me at this ofiice.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06
Want Column.

Lines under this head Will be received at the
rate OF One Cent line Zine contains about 7
words) per day no advertisement received for
less than ten cents. May contain any matter
OF lost found. strayed, stolen. for sale, to rent,
or for auy purpose, without display lines.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06

TOR SALE-A GOOD YOUNG JERSEY
L Cow with calf at her eide. Inquire at this
office.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1900-09-06

c Wanted-Dining room gifl at Anadarko Ho-
tel, AnadarlKo. Wages, 50 50 p9r week.
Evening journal., 1900-09-26
GOV. STONE DENIES SOL DIERS
TO SHERIFF OF LUZERNE COUNTY
BITUMINOUS COAL NOW
PUZZLES THE STRIKERS

Scranton, Pa, Sept. 26.-The BIZ
luminous coal being delivered here
sells for 1925 a ton. Washed culm,
which was exclusively used for steam
purposes before the strike and which
is now being supplanted by soft coal,
sold for GO cents a ton. The mine
workers are endeavoring to discover
where the soft coal comes from, but
80 far have been unsuccessful. If It
comes from an organized district, they
say, they will discover its source and
close down the mine producing It.
The Delaware, Lackawanna and
Western company began paying of its
men today, instead of waiting for the
first Of the month. By direction Of
Superintendent Loomis the rental for
company houses was not subtracted.
The company is also allowing it's men
to have limited quantities of coal on
credit. Superintendent Loomis says he
is inspired to do this by the firm be-
lief that the majority of his men are
striking solely because they were
driven to it by the dread of being con-
sidered disloyal to their fellow work.
men, and that at the very first op-
pOrtunity to gracefully desert the
strikers they will do so.
Evening journal., 1900-09-26
NEWSPAPER MEN PREPARE
FOR THE BASEBALL GAME

Newspaper men are practicing hard
for the game of baseball which is to
be played on Friday for the benefit Of
the Galveston fund. The morning pa
pers are working in the dark with their
team, andthey declare that they have
the better one.
One who has kept a close watch on
their movements declares that the
team will be padded" when it ap-
pears on the field on Friday The
scheme. however, will not work None
but legitimate newspaper men will be
permitted to take part. This rule will
cut out the alleged" newspaper men
the morning team is said to have in
tended 10 work in. Their forces will
be weakened, yet despite the knowledge
of the rule adopted the morning team
is making boasts of the ease with
which it will defeat the afternoon men.
Anyone VINO knows the afternoon
workers, however, know how thorough
ly they will wallop the morning play
ers.
The Rev. r. B. Short and Lewis B.
Morrow will have a contest for the po-
sition Of umpire. The actions of these
two men i'm this contest will be photo
gTuphed for a springogTaph.
Tickets for the game are being sold
by all newspaper men for ten cents
each.
Evening journal., 1900-09-26

Galveston, Tex, Sept. 26.-The fol-
lowing signed appeal was issued last
night, addressed to the American peo-
pie:
Seventeen days after the storm at
Galveston it is still impossible to ac-
curately estimate the loss Of life and
property. It Is known that the dead
in the city viii unmber at least 5000,
or approximately one-sixth df the CEN
sus population. The island and ad-
1acent mainland will add perhaps 1000
to this number. Actual property dam
age is incalculable in precise terms,
but it will easily amount to $4,000. 900.
This estimate takes no account Of the
direct and indirect injury to business.
Along the beach front upwards of $500
houses were totally destroyed. The
wreckage constitutes the embankment
Of debris extending along the entire
beach from three or four blocks in
ward for about three miles, the re-
movaE of which will cost S750,000 to
81, 900, ,OO0. From this debris there are
still daily uncovered by the workmen
now systematically employed from 30
to so bodies, which are burned or
buried on the spot. Moreover, we es-
innate that 97lz per cent Of the remain
ing houses throughout the city were
damaged in greater or less degree.
"The munificent contributions sent
to the governor and directly to the re-
lief committee are perhaps sufficient to
defray the expenses of removing the
wreckage and disposing of the dead
bodies and meeting the most urgent
sanitary requirements. but the home
less will still be without shelter when
this is done.
I'VE believe that the we'll to do and
the charitable people of this nation
will not be contented to merely ap-
pease hunger and bind up bruises, but
will in every large measure and with
more far reaching effect contribute to
the restoration OF this people to a
plane of self support and self respect.
1t is for this purpose that we make this
further appeal. The generous people
OF the nation will best serve the sit
uation and their own aims by making
their contributions in cash."
Evening journal., 1900-09-26
THREE MORE COLLIERIES
OBEY STRIKERSORDERS s

Shenandoah, Pa. Sept. 26.-The few
Developments In the strike situation
here since Monday were favorable to
the strikers. Three additional collier
ies were closed yesterday in this region
because the number of men who re-
ported for duty was not sufficient to
operate them. They are the Park
Place, Preston No. 3 and Lawrence
collierits. The Park Place workings
were in operation for a short time, but
could not continue with the small
force. In this city but one colliery Is
working. That IS the Cambridge.
which, according to J. c. McGinnis. Of
the Cambridge Coal company, has its
full complement OF men. Other col
lieries in the region still in operation
are the Bast, at Ashland; Potts, at
Locust Dale; Locust Spring. at Locust
Gap. and the North Franklin, at IRE
vorton The Bast colliery is said to
be shorthanded
The English speaking mine workers
Of this borough yesterday formed a
branch of the United Mine Workers,
and 255 men are said by Organizer
George Harris to have Joined the
union. Mr.. Harris, In addressing the
meeting. said that the presence OF the
militia has given impetus to the cause
Of the organization. He also stated
that $1,000 of the 35 900 mine workers
In District No. (SchuylkHl) are Idle.
The troops yesterday had nothing to
occupy their time but guard duty,
practice marches and regimental pa
rades.
Evening journal., 1900-09-26
DEMOCRATS MEET
In GEORGETOWN
Peter J. Ford, Candidate for
Governor, in Attendance.
Ticket Named
Special to the Evenlng Iournal.

Georgetown, Sept. 26.-The Sussex
County Democratic Convention yester-
day afternoon nominated it's county
and legislative ticket in an enthusi-
astic gathering.
Peter j. Ford, the Democratic candl-
date for governor, was present, and
seemed to make q favorable impress
sion. There was cheering wherever he
was seen. Peter l.. Cooper, Jr., the
candidate for attorney-general, also
came in for a liberal share OF applause.
In the legislative candidates nomi-
mated, Willard Salisbury, II Is said
depend upon a large majority OF them
as his supporters for United States
senator. in the even Of their election.
A significant incident of the day was
the dropping Of Chairman Edward W..
Houston and Secretary Charles r.
Purnell, for years the leaders Of the
Executive Committee in this county.
The list OF nominees follows:
For state senatOrs-Charles Wright
for Second district; Horace J. Hick-
man. for Fourth district
For representatives-Dr Frank T..
SAMSON, First district; Thomas J.
Gray. Second; Walter Hearne, Third;
William J. West. Fourth David w
Ralph, Fifth Robert f. Godfrey, Sixth:
William A. Law. Seventh w. NJ. Nell
vaine, Eighth. Eli Pepper, Ninth; Z.
Wisa Warren, Tenth
For sheriff, Peter J. Hart, OF George
town: coroner. Samuel r. Marsh. of
Indian River; treasurer. c. /. McCabe
of baltimore hundred; register in
Chancery. c. w. Jones. Of South Mil
ford; prothonotary, +. J. Wheatley, Of
Broad Creek.
Il was intended by Charles Purnell
that newspaper representatives should
be excluded from the convention. He
introduced a resolution to that effect
Chairman Hastings ruled. however,
that newspaper men should be admit
ted.
Prominent Democrats present from
throughout the state were: Francis d.
Baldwin. OF Mil Creek hundred: At
torney-General Robert c. White and
| John G.. Gray.
! Speeches were made during the ar
terncon by Mr. Ford, Mr. Cooper and
/ Mr.. Gray.
Evening journal., 1900-09-26
REV. FATHER DONOVAN
WILL GO TO ALABAMA

For the purpose Of opening a new In
stitution to be known as st. Joscph's
Catachetlcal College, the Rev. Thomas
B. Donovan. who Tor the past year has
been rector OF ST. Josephs Industrial
School, in Clayton. has been trans
ferred to Montgomery. Alabama.
The new place which he Is about to
open will be for purpose OF educating
young colored meR as helpers in the
Catholic ministry.
After finishing the course they VIII
be sent out to the different missions
where they are most needed TO conduct
services in the absence OF the priest
in the country missions, teach Chris
tlan doctrines. nad day school
wherever this is possible, and for the
good OF the colorsd community. As
they will not be priests, only cate
chists. they will be allowed TO marry
should they so prefer. The college Will
open some time during the FIRST Of Oo-
tober
Father Donovan's successor In Clay
ton will be the Rev. NJ b. Size, who Is
also a hard worker and viii continue
to improve the place In few years
It viii be one OF the most beautiful
spots in Delaware. There are already
sixteen buildings and over 400 acres OF
ground owned by the institution.
Evening journal., 1900-09-26
FAMILY STRICKEN
WITH DIPHTHBRIA
Wife and Children Of Frank
Austin Dead and He
Is Dying
Special to Tho Evenlng Journal.

Bridgeville, Sept. 26.-The entire
family of Frank Austin, a farmer re-
siding near town, is down with diph-
iberia, and owing to the fact that the
malady is Of a most malignant type
nurses cannot be obtained
The death of Mrs Austin. which &C.
CURED several weeks ago. was followed
a week later by the death of her l6-
year-old daughter. On Sunday q sister
OF Mr. Austin succumbed 10 the mall
ady. and as no help could be obtained,
Austin was compelled to dress the re-
mains and place them in the caskot lett
in an outbuildlng by an undertaken,
who feared to enter the house.
A party OF kind-hearted farmers
then took the remains which had been
carried some distance from the house.
and inferred them In a grave which had
been dug near the house.
Yesterday Austin was stricken down
with the disease. and but small hopes
are entertained for his recovery. Two
small children, recovering from the
malady are his only nurses.
Great precautions are being taken to
prevent a spread of the malady, and
the Austin residence has been aban-
doned.
Evening journal., 1900-09-26

Harrisburg. Sept. 26.-Two freight
trains collided last evening on the
Philadelphia, Harrisburg and Pitts
burg branch OF the Philadelphia and
Reading railroad at Grantham, ten
miles from Harrisburg. killing three
trainmen and injuring two others. The
killed are: Conductor John Keller Of
Hagerstown, Brakeman Charles Sto-
Der Of Shippensburg, Fireman Freder-
ick Clifford Of Hagerstown.
Engineer Stehman, OF Harrisburg,
had his right ankle broken and was
considerably bruised about the face and
body. Fireman Jeremiah's injuries
are only slight.
The accident was caused by Stehman
and his conductor, John Mickey, dis
regarding orders. Their orders when
they left Harrisburg at 8 o'clock for
Hagerstown were to meet the Western
Maryland train at Bowmansdale, but
when they reached Rossmoyne the
order was changed to meet the train
at Mechanicsburg Junction. Stehman
says he and the conductor forgot the
second order. Both engines were de-
molished and several cars wrecked.
The killed belonged to the Western
Maryland crew and the injured to the
Reading crew.
Evening journal., 1900-09-26
THEIR FATAL FORGETFULNESS;
Hid TRUTH TO SAVE HER COUSIN
TrainmeR Disregard Orders and Three Arc Killed in a
Smash -IittIeGirI, FrightiulIy Wounded, Did
Not Want Boy Arrested

Poughkeepsie, n. y. Sept. ga
week ago Marguerite Upton, years OF
age, was taken TO the Tishkill Landing
hospital with a frightful bullet wound
IN her left arm. So bad was the injury
that the arm had to be amputated. The
girl. whose home IS in Timothyville, a
small brlckyard settlement, told every
body that she had shot herself with a
revolver that she found and that went
off while she was eNaming IT, She bore
herself with remarkable fortltude, and,
although weak from the loss of blood,
the doctors brought her out Of danger
Yesterday Marguerite admitted to
her nurse that she had not told the
truth about the shooting, but said that
she was shot by her cousin, Frank Kill
patrick, II years OF age. Frank, she
said, entered the room where she and
her 9-year-old brother Edward were at
play. He was holding a big revolver,
and announced himself to be a road
agent of the Rocky mountains. Throw
up your handsl" he commanded. Mar
guerite and Eddie thought it was only
fun, but the sight of the ugly revolver
pointing at them frightened the chill
dren. and they begged him to stop.
Edward crawled under the bed, but
the girl raised her hands above her
head. as ordered to do. Suddenly the
pistol went or. and the bullet, Of 4S
caliber, passed through her arm.
The child says she took the blame
on herself because she was afraid her
cousin would be arrested.
Evening journal., 1900-09-26
INVESTIGATING RlCES DEATH:
GALVESTON WANTS MORE MONEY
Presentation Of liIIiOnareS Checks After His Death
ArOuSeS Suspicion Contributions Needed to
Assist Texans in Rebuilding City

New York. Sept. 26.-At the sug-
gestion of District Attorney Gardiner
and Chief Of Detectives McCluskey
Coroner Hart is investigating the
death of William Marsh Rice, who
died Sunday night from natural causes,
according to DR.. Curry's certificate, at
the Berkshire apartment house on
Madison avenue. Mr.. Rice was mil
liOnaiTe. S4 years old. who retired
from active mercantile life y years ago
and is said to have large interests in
Houston, Tex, and Milwaukee, Wis.
The inquiry was begun because,
carly on Monday, four checks bearing
the dead mans name and calling for
the payment OF nearly s250.0O0, were
presented for certifcation at the Of
fees of the Fifth Avenue Trust COM
pany and the banking house Of S. NJ.
Swenson & Sons, IS mall street. They
were all made payable to Albert T.
Patrick, lawyer. who had for the past
ten years been Mr.. Rice's legal adviser
in New York, while his immense busi-
ness interests in Texas were in charge.
Of Capt. ]. A. Baker, who, with the
dead mans brother, Frederick Rice,
of Houston, Tex, is now on his way
here. At the telegraphic request of the
brother the body will be kept until he
arrives.
All the parties interested. Lawyer
Patrick. DR.. Curry and John Jones,
Mr.. Rice's valet. say they have no fear
of the outcome of the investigation
now in progress, because the old mans
death was a perfectly natural one.
Patrick declares that there was moth
ing wrong concerning the checks which
he sent for certification after Rice had
breathed his last. He says the money
called for was not for himself, but was
a trust fund to be used in suits still
pending. lie declares the Million
aires death was due to old age and
worry over losses by the Galveston
flood and the burning Of the Mer-
chants and Planters mills at Houston,
Tex. Mr.. Rice having lost 81 100000
by these two disasters. He also said
Mr. Rice was reputed TO be worth S.
100000 and prior to his demise had
given him an assignment which gives
Mr. Patrick control of the estate.
Evening journal., 1900-09-26
ARCHBISHOP RYAN HAS
TALK WITH PRESIDENTS

New York, Sept. 26.-Archbishop
Ryan. Of Philadelphia, came to this
city yesterday to hold a conference
with President Robert NJ. OHphant, of
the Delaware and Hudson, and w. II.
Truesdale, OF the Delaware and Lack
awanna and Western railroad. The
archbishop's mission was to try to in
duce the two presidents to consent to
arbitration. Said Rev Father Ducey:
"Messrs. Oliphant and Truesdale. 1t is
reported, have been made to say that
they would consent to receive Arch
bishop Ryan IL he called as a citizen,
but that they had nothing to arbitrate
They should, however, be forced by
public opinion to erbitrate."
Evening journal., 1900-09-26
PASTOR +. c. JENNINGS
TO BIZ INSTALLED TONIGHT

AS pastor OF Wakefield Presbyterian
Church. tho Rev. +. Cornwell Jen-
nings will be installed tonight in
the church at Germantown avenue and
Fishers lane. Philadelphia.
Special services have been arranged.
and several well-known divines will
address the congregation.
The Rev. Mr.. Jennings was born IN
South Carolina, and is the son OF a
prominent physician OF that state. He
graduated from the Presbyterian Col
lege Of South Carolina in 1898. and
from Princeton Theological Seminary
in 1896. During 1895 he was regularly
licensed to preach by the Presbytery
OF Endree, S. c.. and In May. 1896, was
ordained and installed pastor Of Nor
risville Church. Since October. 1895
Mr. Jennings has been pastor of Han
over Church, Wilmington, where ho
served as one Of its most efficient and
popular pastors.
Evening journal., 1900-09-26
BANK CASHIER
RUSHES INTO POLITICS FOR
PARTY and FACTION ENDS
Writes and Has Printed, Under Salisbury Auspices,
Pamphlet Attacking the Pennsylvania and B.
and 0. Railroad Companies
TRAGIC DEATHS INVESTIGATED
HcClaaerty and Weston Cases Before Core
ner's InrieS Last Evening

Coroner Vandever had duty for two
juries OF inquest last night
The first determined that Charles f..
McClanerty the young man who died
in the Chrlstiana river because a stern
parent prevented him from marrying
the girl Of his choice, had died from
drowning.
The second jury investigated into the
cause OF the death OF Nicholas Weston,
and concluded that the man had met
his death accidentally. McClaferty's
body will be inferred in Lombardy
Cemetery tomorrow afternoon, and
that OF Weston in Elkton to-day.
Evening journal., 1900-09-26

sidewalk and set Are to the child's
apron.
In an instant he was enveloped in a
sheet OF flame and the entire front part
of his dress burned of.
Had it not been for the prompt ac-
tion Of a passerby. who is unknown to
Mr. Carney, the child would have been
burned to death. The man, dropping
the dinner pail which he carried, ran
to the little ones assistance and extin-
guished the flames before any injury
was inflicted. Mr.. Carney would like
to ascertain the name Of the man who
saved his child.