davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21

gardus which it is claimed showed
want Of knowledge was admitted that
It was overcome, however, by the facts
and circumstances OF the case. and
that the evidence as an entirety was
sufficient TO show actual knowledge.
or what in law was its equivalent.
That the Interpretation of the statute
by this court, imposing no duty on the
shipper and permitting a defense Of
ignorance to be made without regard
10 the negligence Of the shipper. Is
contrary to the language of the statute
and to its purpose. and seriously I'm
pairs the efficiency Of the act.
That the ruling stated in the opinion
as 10 The basis for determining ihe
number OF offenses involves an erron.
ecus construction Of the statute aud
falls to take into consideration that
the thing which is prohibited by the
act is the transportation of property
at tie unlawful rate.
That the criticism Of the trial judge
for abuse of discretion rests upon a
wrong assumption of what the trial
Judge actually did and assumes that
he attempted to try and punish the
Standard OIL company OF New Jersey
when in fact. as appears from the rec
ord. the entire proceedings were di.
rected against the defendant the
Standard Oil company of Indiana
That the ruling stated in the opinion
to the effect that a fine is excessive
when il exceeds in amount the abllity
OF the defendant TO pay is an innova.
ton in criminal law and If generally
applied would prevent the practical en-.
forcement OF most criminal statutes.
That. in short. the opinion as u
stands enormously slaies material
portions OF the record: does injustice
TO the trial judge; leaves doubtful in
a new trial the rule of law to be ap
piled. both as to knowledge on the
part of the shipper, and as to the
number of offenses: appears to be IN
conflict with the language of the su
preme court and with the previous
language OF the presiding judge Of this
court. and with the great weight )i
legal authority: and II permitted tt
remain law, TO impede the enforce
meni of salutary stautes and largeN
TO defeat their purpose
For the reasons stated we respect
| fully request that reaargument o
this case be granted
The petition is signed.
CHAS. j. BONAPARTE, .
Attorney General
FRANK b. KELLOGG,
Special Assistant 10 the Attorncl
General
EDWIN w. SIMS,
United States Attorney
JAS. II. WILKERSON,
Special Assistant United States AZ
torney.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
-FOUR CASES APPEALED TO-DAY

Four cases were appealed to the
supreme court today including the
,ase of the Oklahoma Mutual lndem-
lity association vs.. T. j. Smith, from
3cger Mills county. where the defend
ant in error secured judgment in the
sum OF $4,000 for money due ON a
srop insurance policy.
The case of Farmers and Mer.
.hants' bank Of Tecumseh VS.. J. w
Mccall Is appealed from Pottawato-
ME county The plaintiff in error in
stituted suit against the defendant for
$500 due IN a promissory note. Judg
nent was rendered IN favor OF tae de
sendant for the cost.
The case OF j. T. Smith VS.. Eagle
Manufacturing CO.. appealed from
Seminole county where judgment was
rendered in favor of the defendant In
error in the sum of $i0S3.95.
The German Alliance Insurance
CO., against werlich A. H. Newbern IN
he district court of Grady county Sc
ured Judgment for 81, ,45O for money
lue on a policy, appealed TO the su
nreme court today, alleging that the
lower cOnrt erred in overruling mo
ton for q new trial.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
CHAIRMAN JOE NORRIS
STARTS COP. CAM
PAIGN BALL ROLLING

Chairman Joe Norris last night an
nounced the appointment OF Fred
3arde and G. NJ. Sarchet, newspaper
correspondents. as managers of the
publicity department OF the state Re
publican central committee. The for
lowing committee was also announced:
j. Seay, Kinghsher; ID. T, Flynn,
Oklahoma City; c. NJ Cade, Shaw
nee; Bird s. Mcclure. Pawnee; Dick
T.. Morgan, Woodward; G. r. Creager,
Mnskogee. Dr. n, ~ Wright Olney;
Charles r. Hunter Guuarie; T j. Fer
guson, Watonga. u d. Carr Pauls
Valley. John W. Capers. Guthrie; J..
b. Huckleberry, Muskogee; +. h. Bush,
Waurika; G. e. Jones. DHlahoma city.
W. J. Hooker Purcell
Executive Committce-W. J. French,
Alva: s. E WALTON. Ninita. George
Master Perry; , r. McMurray, ale.
Alester: Dan Grafton, Shawneei Emery
Foster, Chandler ~ r. Cain, Chec1-
tah
state Republican headquarters wore
openod 81 the lone hotel here by
Chairman Norris The parlors on the
second noof SIN be devoted entirely
to MIR. Norris Office force. The bush
ness lncn OF Guthrie offered sustain
tlal bonus for tho headquarters.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
-ed Dad 81 aTregl has angared lhe

feared that MS arrest hes angered the
redskins.
There is nothing foreboding IN the
action OF he Indians. Their council
Is secret and none are admitted save
members Of the tribe No apprehen-
sion is felt hero, but the minuio aien
who guarded the town during the
threatened outbreak a few weeks ago
are ready to respond tc protection
can at any lime.
With probably not single excep-
Zen the members Of the Snake clan
have refused 10 render their property
FOR taxation. They claim TO nave been
given legal advice as a basis for their
rution. During the last session Of the
council the matter was much discus
sed and many of the redskins arme !
themselves. General Canton quelled
threatened outbreak by treatiAg ith
chief Harjo. who agreed that here
after the council would not meet at
hickory Graund
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
SNAKES DISREGARD
TREATY OBLIGATION
WITH CEN. CANTON
81 ecIal to Daily Leader.

81 ecial TO Daily Leader
Henryetta. Okla. Aug 2l.-ln direct
violation of solemn obligation that
formed the basis of a treaty entered
into between Adhtans General Frank
Canton. Of the Oklahoma National
Guard aud Chief Hario, lesler of the
snake band OF Greek Indians in which
it was agreed that the Snakes shoufl
not again nold council session on
Hickory ground another council has
been convened, and armed indians
and negroes are ia evidence over this
section Of the state,
A stale warrant was issued yester
day against Al. W. Ijnily. McAles
Ter lawyer, VINO. with Chester Howe
OF Washington. has been represenune
the Snake Indians on behalf Of the
United states governments. II charged
him with fraud ans treason, and was
served by a Hengyetta lawyer, An
Interpretation of the term seems 70
indicate that Lindlys connection with
the Snakes Is responsible for the re-
fusal Of the Indians 70 render their
property for taxation 20 the state as
SCISSORS. l,indiy had osen at the
Snake camp for several days. and Il is
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
WILL USE
OLD PRISON

The prison board of control has f.
nally effected an agreement wlM the
board OF county commissioners OF
Pittsburg county whereby the state
is TO be given the use of the old fed
eral prison at McAlester to use as
temporary quarters for the state con-
vcts until other accommodations can
be prepared Pittsburg county is now
using the cid prison as 4 county jail.
ana was willing TO give up part of It
10 rhe state. but Warden Coles would
not consent to any such arrangement,
as IL would be impracticable to keep
two classes of prisoners under entire-
ly different discipline, under the same
roaf The state finally agreed TO spend
$1,000 in repairing the old county jail
for the county. on condition that the
county transfer its prisoners to that
jail and turn over TN federal prison
TO the state. and the agreement was
made on that basis
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
AND
MAKE Up
sneclal 10 Dnlly Lender.

Special to Daily leader
McAlesier. Okla, Aug. 2l.--BelleV-
ine her husband untrue, Mrs. sudie
Barnes. wife of J. J. Barnes and
daughter of Corporation Commission
er j. J. McAlester several months
sgo instituted suit against Barnes for
divorce. Recently Barnes filed a
cross petition in which he told OF bis
wife's aililation with a sect of spirit
Lalisis aud OF her peculiar actions in
pcrform.pg the ceremonies deyolymS
upon her through the precepts of her
religion But cupid interfered, and
both petitions nave been dismissed.
Mr. and Mrs. Barnes are happy again.
Barnes = manager for The Mnsko'
gee street Construction company.
They were married in September,
1894. AID moved from Fort Smith to
McAles9er n 1906 There the wife
lecame infatuated with tho doctrines
OF the spiritualists, and the estrange-
rAent began. dIor suit for divorce
was the first result.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
CANDIDATE For GOVERNOR
PREDICTS VICTORY
National Committee Has Planned
a vigorous Campaign in
Sucker State



Chicago. Aug 21.--Former Vice
President Adlai Il. Stevenson, Demo
cratic candidate for governor OF llli-
nois. came to Chicago from his home
in Bloomington. and for over an hour
conferred with Chairman Mack on the
general situation. and what part the
national committee would take in the
state campaign. Mr.. Steyenson's yis-
Il followed luncheon rendered to him
by the 1roquois club, Mt which he pre-
dicted a Democratic victory in Novem-
Der in a speech whica brought rounds
OF applause from the large crowd
present
MIR. stevenson told Chairman Mack
that from reports received by him ne
believed Illinois would go Democratic
for both the gibornatorial and national
tickets. Mr. Mack informed the for
mer vice president thar the national
committee mad planned an effective
campaign in this state. and that it
would lend any aid required BY those
directing the gubernatorial fight. Mr..
stevenson will make several speeches
In one state during the next two
months. and il is not unlikely that he
may be called onsby the national cam-
nittee 10 20 outside his state on a
short tour
Speaking of the Democratic outlook
In the national campaign this year
Mr.. Stevenson said in his address at
| the lroquuis club luncheon:
| "Et Looks like a return OF the Demo
| cratic spirit of 1892. when Cleveland
| was elected Where have spoken
have found Democrats formerly an
| tagonisilc to Mr.. Bryan with him now
| and they tell me they wish to sup
port me also II is astonishing the
| assurances Of support i hsvs received
| from Republicans. who Gc"!erc that
they believe the time has come for
a change. Il we put our shoulders
10 the wheel we can bring about a
great Democratic victory in Noyem-
ber'
y l.. Jones, national committeeman
from Maine, was a visitor at the Dem
ocratic headquarters, and talked witt
Chairman Mack about the assignment
Of speakers To the Maine campaign
which IS now on. The election IN
Maine takes place in September. ant
| will be the first held during the cam
paign. Speaking OF the Maine cam
lpaign Mr.. Jones said.
The present campaign Is being
waged largely on state issues. but dc
mot mistake the fact that II is ret
hot contest. and we are making al
aggressive fight. There is not n dis
| senting Democrat in Maine. and ev
cry one OF them will vote for Bryan
/. | and Kern in November. ! am not pre-
dieting that the Democrats will carry
the state, but we are making a iigh
40 u,iu and viii cprtainlV cut dOWf
1.-THE Republican majority
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
GOSPEL BOAT ON ARKANSAS
Special to Daily Leader.

Special to Daily Leader.
Muskogee. Okla, Aug. 21.--A gospel
boat is 80 be put in commission ON
the Arkansas river in what is known
a sGooseneck Bend al once. The boat
is to become a tabernacle ana will be
used 20 hold meetings on every night
The boat viii roam up aad down the
river stopping wherever a landing
affords 4 good place to start q re-
vIval meeting. In some places a tab
rrnacle will be erected and series
of meetings held The boat will then
be used to bring people from up and
down the river to these meetings.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
sx,ys,sEfair" = :
~ C. aEfh
Never Fails TO Restore
Gray Hair TO its Natural
Color and Beauty

No matter how long ithas been gray
OF faded. Promotes a iuxuriant growth
81 healthy hair. Stops its failing out,
and positively removes Dam
druff. Keeps hairs soft and glossy. Re
fuse all substitutes. ? x times as much
in Si.o0 as soc. size. Is Not a Dye.
81 md soc. bottles, as druggists
Send ~ for free hook ''The Care Of the Bair."
Philo Hay Spec Co, Newark, Nj.
Hays Harfina Soap cures Pimpies,
red rough and charped hands. and All skin cis.
elsrs Keeps skin line and soft &c. druggists.
Send &c for free book "Ihe Care Of the skin"
J. N. WALLACE AND A. &. GRAY.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
RECEIVED CHECK LONG DUE
necial 10 nalIr Leaaer.

Special to Daily Leader.
Muskogee. Okla, Aug 2i.--W G.
henderson Of this place today unex
pectedly received from the govern.
lncnt check for s3.s3, the amount
dae him for services rendered the
government 43 years ago. AT that
nme Mr. Henderson was mustered
ont OF Company c. 9th New York
engineers. The government lacked
. ss.S3 OF paying him
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
IE you kNEM.

The merits of the Texas Wonder
you would never suffer from kidney
bladder or rheumatic trouble. 81 bot.
tie two months treatment. Sold by
Wallace drug store. call for testi.
mony.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21

Nursing Mothers and Malaria.
The Old Standard GROVES TASTE
LESS CHILL TONIC. drives out ma
laria and builds up the system. For
grown people and children. soc.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21

My Mems $3.50 and $500 Shoes save
you from 25 to so cents on other store
prices. Robinson's.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
standard oII 90. lIndlana.l


1899.
Gross Assets. Liabilities. Profits.
1915, ,40S1G 5,O04.S3l.O5 4,l95.750.5i
1900.
lG.O77.O1S.24 2,7S5,695.O9 4,9Si,57i %
1901.
$685. ,21S7t 2.963.4i70l 5,379,94S,55
1902.
1874 673.94 3.3O6.520.64 7,5l5.g06-G0
2l ,277,6l9.7O 4.5s5, 2O6I2 S.75S,4iO2s
1904.
20.Os7 .7OO.64 3,O52,497.s2 1892 ,OS92f
1905.
20.T43,3 ,36l.97 PASS, ,95762 6.52l .676.53
1906.
q. SOP ,0S9.S6 Sl7S,15276 l0,5i6.0S275
The punishment therefore IS 40
more severe than that Is inflicted upon
letter carrier who steals lester and
Is sent 10. the peniientiary for three
years, thereby dOpriNng him OF his
earning capacity for that time. II ,s
not nearly so severe as the minimum
peQalty of five years In the peniten'
tiary imposed upon banker who mis-.
applies the funds OF his bank.
The government claims that on ac.
count OF the size ef the fine alone
there Is no necessity for retsial OF
the case; that the circuit court of ap-
peals may, itself, name the fine which
should be imposed and calls upon the
court TO do so in case Il adheres "a
the view that Judge lands abused his
discretion in imposing so large a fine
The petition concludes:
n is therefore respectfully sub
paffff.d 81 .ta.-'
That the opinion OF this court is
based upon misconeepti0n OF the rec
ord with reference 20 the rulings 81
the trial Judge as 10 the admission OF
evidence tending 10 show want OF
knowledge. and with reference 70 his
construction OF the statute on that sub
iect, and the theory on which the CASE
was tried; that the evidence OF ho
The Springfield herald., 1908-04-17
Chelsea, Massachusetts. Burned.

Boston.-An apparently insignifi-
cant fire, which started among rags on
dump in the city of Chelsea Sunday,
was famed by a northwest gale into
a confiagration which obliterated near
ly one-third of the city.
Five hundred dwelling houses and
public buildings were destroyed; 1,5O0
families were driven from their habi-
tations and 10000 people made home
less.
Three lives were known to have
been lost. Others may have perished.
A woman shot herself in frenzy over
her inability to save her property. Sew
enty-five to 100 persons were injured.
At an early hour this morning the
ruins were under guard of fourteen
companies of the state militia and
marines from the Charlestown navy
yard, and the city was put under mar
tial law to prevent looting. The sol
diers were supplied with ball cart
ridges.
The bodies of three persons. so
badly burned as to be unrecognizable.
are at the North Grove street morgue.
No other deaths have been officially
reported.
An early morning estimate of the
loss by an official of a prominent in
surance firm placed the total at be-
tween $7,50O,000 and $10,00O,000. The
total insurance, it was figured, was
about s5000.O0O.
The fire ragged before forty-five
mile gale for more than twelve hours,
defying the utmost efforts of the com
bined fire departments of Chelsea and
several nearby cities and a large de-
tachment of Boston firemen and ap-
paratus.
The fire area, which was in the form
of an ellipse, mile and half long
and half a mile wide at its broadcast
part, extended diagonally across the
city from a point near the boundary
between Everett and Chelsea to the
waters of Chelsea creek.
The Springfield herald., 1908-04-17
New British Cabinet.

London. - Official announcement
was made Sunday of the new Cabinet
appointments. They are identical
with the forecast made by the Daily
Chronicle a few days ago, and an
nounced in these dispatches as fol
lows:
Herbert H. Asquith prime minister
and first lord of the treasury.
David Lloyd, chancellor of the eX-
chequer.
Lord Tweedmouth, president of the
council.
Earl Grew, secretary of state for
the colonies.
Reginald McKenna, first lord of the
admiralty.
Winston Spencer Churchill, presi-
dent of the Board of Trade.
Walter Runciman, president of the
board of education.
John Morley, secretary of state for
India, and Sir Henry H. Fowler, chan
ce,lor of the duchy of Lancaster, have
been made peers, but retain their pres.
ent offices.
Colonel Ezzley has been appointed
under-secretary for the colonies: Lord
Lucas, parliamentary secretary of the
war office: +. d. Acland, financial
secretary war office, and Thomas r.
Buchanan. parliamentary secretary,
India office.
The new premier is not expected to
dissolve Parliament
The Springfield herald., 1908-04-17
Truf6 and
Quality

appeal to tho Wcll-Informcd in every
walk of life and are essential to permanent
success and crcditable standing. Accor.
ingly, it is not claimed that Syrup of Figs
and Elixir of SIENNA is the only remedy OF
known value, but one of many reasons
why it is the best of personal and family
laxatvcs is the fact that it clcanses,
swcetcns and relieves the internal organs
on which it acts without any debilitating
after effects and without having to increase
the quantity from time to time.
1t acts pleasantly and naturally and
truly rs n laxative, and its component
parts arc known to and approved by
physicians, as it is free from all objection
able substances. To get its beneficial
effects always purchase tho genuine
manufactured by the California Fig Syrup
Co., only. and for sale by all leading drug
gists, -ls ,...'
The Springfield herald., 1908-04-17
MAcHiNE-eRoUND PAINT.

Occasionally one hears the hand
mixed" paint of the painter slightingly
spoken of as "unscientifc" and mot
thoroughly mixed" The facts are all
on the side of the painter and his hand
prepared paint.
1t Is the most scientific" paint there
is, because 1t is made on the spot to
suit the particular purpose for which
1t is to be used. 1t is as scientific as
a good doctors prescription. II the
painter did not mix it thus it would
be as unscientific as patent medi-
cine. Moreover, the paint which a
good painter turns out is made of
genuine white lead and pure linseed
oil. If he does not mix it himself he
is not sure what Is in 1t, and conse-
quently his client cannot be sure.
AS for not being thoroughly mixed
by machinery. that is simply mis-
statement. White Lead as made by
National Lead Company is thorough
ly Incorporated with 7 or per cent.
of pure Linseed oil in the factory, max.
ing a paste. This paste need only be
thinned with additional linseed oil to
make IT. ready for the brush.
The thorough incorporation Of pig
ment and oil has already been accom-
plished before the painter gets 1t.
To know how to tell pure white lead
is great advantage to both painter
and house-owner. National Lead Com
pany will send tester free to anyone
interested. Address the company at
Woodbridge Building. New York, N. Y.
The Springfield herald., 1908-04-17
GIRL WAS DELIRioUS
and Tinelins Were Excruciating-
Cutcura Acted Like Magic.

"An eruption broke out on my
daughters chest. l took her to a
doctor, and he pronounced 1t 10 be
eczema of very bad form. lie treated
her, but the disease spread to her back,
and then the whole of her head was
affected, and all her hair had to be cut
off. The pain she suffered was excru-
ciating, and with that and the heat
and tingling her life was almost un-
bearable. Occasionally she was deliri-
Gus and she did not have a proper hours
sleep for many nights. The second
doctor we tried afforded her just as
little relief as the first. Then l pur-
chased Cuticura Soap, Ointment, and
Pills, and before the Ointment was
three-quarters finished every trace of
the'disease was gone. 1t really seemed
like magic. Mrs. T. w. Hyde, Brent
wood. Essex. England. Mar. s, 1907"
The Springfield herald., 1908-04-17
HUGHES WINS
IN new YORK
WILL SEND INSTRUCTED DELE.
GATEs.AT-LARGET TO REPus.
LIcAN CONVENTION.
ACTION NOT RADICAL
PLATFORM iNDoRsEs ROOSEVELT
AND HUGHES-FAvORS GEN.
ERAL TARIFF REVISION.

New York.-Gov. Charles E, Hughes
was indorsed as New York's Repub-
lican candidate for President by that
party's state convention held Saturday
and the four delegates-at-large. with
their alternates, elected to the Chicago
national Republican convention were
instructed to use all honorable means
to bring about his nomination.
The four delegates -at-large are: Gen.
Stewart l.. Woodford, ex-Mayor Seth
Low of this city. Frederick II. Hazard
of Syracuse and E. II. Butler of BUT
falo.
The convention-the thirteenth held
by the Republican party to elect dele
gates-at-large to a national convention
was a repetition of its distinctive
feature of the Oneida convention of
1880. when Roscoe Conkling sought
vainly to have not only the delegates
at-large. but the congressional dele
gates also instructed for Ulysses s.
Grant.
Ex-State Senator Edgar T. Bracket
of Saratoga, president of the Hughes
State League, precipitated a sharp de-
bate by presenting a minority report
from the committee on resolutions to
amend the resolution indorSing Gov
erncr Hughes and to instruct the dele
gateS-at-large to work for him, and the
other delegates to ''perslstently labor
for his nomination until a nomination
is made" This failed. and the major
ity report was adopted almost unani-
mouSly.
The platform indorses in strong
terms the administration of President
Roosevelt and Governor Hughes, and
commends the policies of the federal
administration.
A revision of the tariff is favored and
the action of Congress in declining to
revise the tariff by piecemeal is In
dorsed.
Changes are advocated in the cur
rency laws to provide a more elastic
and satisfactory monetary system.
The platform favors the upbuilding
OF the American navy; the speedy com
pletion of the Panama canal; the de-
velopment of the American merchant
marine; the improvement of the inland
Waterways; the re-enactment of popu-
lar government in the Philippine ISL
ands, and commends the movement for
the settlement of international differ
ences, and also of all disputes between
labor and capital by arbitration.