davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
OKLAHOMA DELEGATION
PUTTIkG UP STIFF FIGHT
Claim That Indian Agent and
State Courts Can Wind Up
Tribal Affairs

Washington, Jan. ii-Thore is on
interesting fight on between the IN
dian olIlce officials On one hand ana
the Oklahoma congressional deiosa.
iion on the other over the maintenance
OF the Office OF ,he commissioner to the
ilYe civilized tribes for another year
al an expense approximately sl50.C0O,
N this appropriation Is made II VIII
be Ii the Indian appropriation bill
Commissioner j. George Wright is ap.
pearing before the committee on IN
dian Affairs almost daily now. and so
Is Commissioner Leupp Nj Wright
was summoned TO Washington before
the holidays as mentioned In these
dispatches, and he has been on the Job
practically ever since al the direction
Of the secretary OF the interior on
hls information and testimony the de-
partment hopes TO make lts case,
And Mr. Wright Is making strong
caao.
Personally It IA very doubtful II Mr.
Wright cares whethcr an anpronfln
lion Is made on not. He won't TO M,
dian Territory undar protest. He mas
several times Indicated 10 the aocrc.
tary Of the interior than he would hko
10 bo relieved from the work iii Okla,
hcma And. furthermore, II his oalcc
Is abolished Il Is understood that he
can have another place IN the service
just aa good aud one that Is more con
genial 70 him. Anil further than That,
he does not have 10 have the office.
does moi need Il and could retire wi9h
q record Of twenty-five Years govern.
ment service to his credit. And be
could get along worry we'll too without
tho salary.
The Indian officials are making
taclr caee en- lnc grounds lhat tle
unfinished business Of the commission
er's office Is Of such Importance MS
20 Justify its malnionanee another
year ~ leasi q was iu gni That the
first bill nassel congress decia.ine
that this work should be eiesed with
Ia year a similar bin his passed
nearls every year since Hero are some
ol the more Important iiems which
The lnilah officials classify IS being
under way and important 10 close IN
Jeg tie pr0 cnt regime The enroll.
menl Of Tee Cherokee newbafns. who
were decided 70 beientltlea under the
Muskrat decision There are over 81
600 Of them. They have So Ear only
tentative all1iments. The coal and
asphalt lands are yet to be disposed
Of. az IS the surplus and timber re.
serve lanls. All OF the tribal build.
Ins-. such as council houses and
school buildings are yet to be sold. In
tne matter Of the Indians stricken
from the rolls aud restored under sae
Allison anj Colds by decision there
ere lots uf allutments taken - other
Indians On lands 20 which these In
dlans are entitled. These have got
TO be- stfalshtened out Then there
II TIE equalization OF allotmerts an All
tho nations moi vet begun.
The Indian Office officials arene that
these matters and hunstseis Of Others
yet unfinished. c,aita not properly be
turned over TO helndlan AGENT be.
cause he now hsa more than he can
90 With Justice to himself. They be-.
lleve that ine present policy should
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
HEART
BALM Of
WIDOW


Chicago, M, Jan ii,.rA sam i
which pr Kirke Stanley W New Yori
seeks TO secure Si5o,0oo from MIS-
Jeanette Deere Chapman one oi thl
heirs 10 the mill MS Of The ale luhi
Deere of Moline lll.. came 10 Hight O.
lay ln thn office of lhe clNrk % th
Hapsrlur court
The Bill was iilel last 0ci5her hp.
carefully suppressed until service poul
ae had on Mrs Chapman MOI uali
last n nday We're 10 procegs sorgefs
able 20 locate ihe dsianiant Eve
then the story was kept from The pullit
until today when Attorney llonry
Roth acting for Df Stanley admltiea
0he existence of the suit
Mrs Chapman whom ihe plalntf
alleges 20 be 5S years Of age, has laH
aean social leadef both 10 the United
slalcs and Paris whore she spendsruu
siderable time.
nr sbanley's bai sets ioah tHgs
Mrs Chapman promised 10 marry bin
some years aEp. Tha promise WnA na
HeHl although be aHelares hc was a
bat lme and Is fill fealg 10 etft
0ut hts part 81 ihe agfaenpul
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
TN.LMAN
PIINCTlJRES s
PRESIDENT

Washington, u G.. jan ii-sena
Tor Tillmans reply 70 she Presidents
charges, that be ezersed bis official
Influence as senator sor his own hene
tt 10 hrMg suli agftusl railroads III
oFler that ne might be abba % puf
ehsse land held hy The Southern Ore
gon company. was MAZE ln the sen
ate telay The gallery and floor Of
tie chamber we've eloNded many re-
pesen,atlsea hayI9s come over from
Tie HouNe
Tlliman sald he supposei ihsi the
fact be haA n0l aailatel b criticize
aad comment oH tn official actions
ana utlaances q lhe President haa
given him good cause @ sock revenge
g VAS not fwnfe eald he ihai lheae
ssfts OF mIuo lad auiYerei la the
executive Alc ani stune him So
Elilnun said tAc aag fness Witli which
lie prcaldeRt had given lhc press
lhe papers M the eaae beiols me con.
gfesslaral c0Masiee had c0nsidpfe4
them indlcala faal YheDdoro Reese
fat enjoys b sha lEmil tae fepllne oi
getting Gwen with Sen Tlllman and
aas oa iha his lIef With keenesl
fah. Aouhlless believing ihat the
HIteafurk has gone eul 81 business
Tlllmaa sags he moi q nly courts the
Wesl 8eerchlns ieeslsaiion. hut de-
lneaas n 10 declared be neYe
saakaI o cnhreal Bis effort 20 buy
5#Ha i1af In la snUtrn tx lhn af5
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
COURTS HAVE nELD BOTH
WAYS ON THE QUESTION
Criminal Court Of Appeals Es-
iab|IShes Precedent In
McNaughi Case

The crimlnal court ~ appeals Ia al
opinion writlen BY Judge 4 X Doyle
lnd banded down this afternoon. holds
that q conviction upon Information
charging the crime OF murder, q olA'
er felony cases. Is legal and valid, 1'hu
case upon which lhd decision wax
nndc was the hat n corpus case q
George MeNaught. lr0m kinghaheg
county McNanght IL wen known
resident Of NlneiIsller and WIS prose.
sutod aud convicted upon the charge
Of killing Charles Madison neerol
Tor bits money and cfemallng The body
by settling his victims house alre
The case was mysterious and II Was
several weeks after the crime nad
becn committed before McNhught whs
arrested on the charge. Tho negro
iew days prior 90 The crime had sold
bis farm for a large sum OF money
On June 18th. 1908. Ia the diairici
court Of Kingllsher county MuNausht
wns found guilty Of The charge Of mnn'
slaughter III the arst degree ind uah
sentenced ln Ilfa imprisonment bN
ii'dgp A. II huston ~ tAe Thlrsaensh
ludlsial district the maximum sem
'unce allowed by law On DHeemhuf
i2th the attendant. through his alior
ley. D. K. Cunningham, applied Ter i
wit OF haabeas corpus. alIn6InE That
under the constitution and laNa oi the
taie all felony easas should II pFoan'
cnted upan Indictment ana ihat Che
Information practice nroytled for hy
the Oklahoma constitution was nel
self executing ia felony eaaes
The temporary Writ WAS allowed hy
ludge U0fle and The caas #as afHf
i before Tie court on Deeemhef 22
and 23fai
The attorneys for thc defendant Hi'
as raised ihe noint thal ne court Waa
without jurisdiction whlon contention
y denied n the opinion. AmoHE
other pouls raised hy lhe defendants
w.,s lhat faf llio sentence IMPOSED
was excessive maintaining that the
sentence should have hoen for q StQ'
en nunber Of years
Tho Judgment 81 tAe lower efaft ls
nsNinel ii every pnrilruIar
The case Is Of stEieaite Importance
.as lt Involves an felony cases pruae.
cuiel under information since state.
hood became effective pfluF % state.
hood an criminal cases were nrnsecu.
ted only upon Indictment lind tae
accisinn held thai such prosecutions
upon information were lllseai Il would
have necesHliated O. new trial fot
hundreis Of criminals and the sum.
moning Of many grand iufies 70 IN
let The eonvieta TO prevent them from
ESCAPING under haheas corpus
THO deeiaun settles tae allessun
NSXccpt I'll tha pvent 0f an appHti tn
me United states aupseme courg and
nany district Judges WHO have been
"a Doubt on lae matter will net 90 q
tha expense Of having grand iu4'les
mmmond hereafter The grand pufy
system can BE- retired undHr the 0e.
cision. although there Is nothing "a
The laws af the state to prohibit such
prosecutions. The grand Jury sYa
i-----a --t.ls essss-eHa.s.
lcontlnusd on psns +
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11

spaclei 10 usily lender.
Washington. Jan liza blll has
been Introduced ii the il0Hse hy Re.
preventative Clsfk. oi Florida. which
passci VIM do away with the Jug
tlae N poaoHlce alles ~ small towns
0r csc Wfposa If pfom0ling business
activity ln aug certain part oi gle
nwr
Tho tll pfoxides iof the erection
y . nosl1qiec II every town 10 lhc
United States ihaa bas o population
of uoi Ifss char 400 Nor more thhn
5000 inhabitants The towns ARE %
be arranged alphabetically and 4 suls.
ahle slle selected hy ihc supervising
ercnilecl Of the treasury which shalt
pfppaFo two complete lists of plans
ans speciHealions ope set f0F luvus
OF not less than 0d6 nor more lhnn
1900 Inhabitants. for 3 ll0siolIlca
huIldlng "a b. used solely for poeE.
office ANA rural mall route pufpesss.
AMI which ID BIS Judgment woala ne
emple lof The naesls ci the ser8les Il
Ne reepealIsa asas ha soon IS tha
8lans afe sHhnlIlei she pnaEnaafaf
tenafa aud IRE secfelaf she
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
OIL CO.
FIGHTING
DAMAGES


special 10 Daily Leader
Washington Jan lu lhe snpre
lo cgnf I3dat WH argued lhe ease
RI iho WaIe Pierce Oh company
ganat hlhoH i ne eluH of Orlando
okla John W ahanci. of Ohlahomf
'iiy fcpmgaHtIHs iho plaintiff Thia
q pewonal injury case in waleh the
II eUinmaY & trying % defeat &
Hdgemeni ui tie lower courts asainH
hen ior Sl6009 damages
phe cfse dale back lo l0na. Des
inns baught q gallon can Of coal Oft
rom Che Natefs.rlerce agent At o..
aflo ile tonk It home and whom
ia WHO started 10 n9e The III there
vas M explosion which aei the house
q firn. and she ana her iwo children,
boy four years Old and !ttle R.fl
II two. were burned 20 aeath The
xplcsl0u, according 20 tho verdict 81
De lover eourts was caused by the
afesence ol large percent OF easo
Inc ~ the oil
neselms brought n suit for damages
md Il Was tried in the territorial
soafia 81 0kiahumG 81 Guthrie, Sal
sesulted n tbs verdict Indicated The
fHiers.Piefce company has been tlkht
ing ne case ever since aud finally
lronehl il 20 he court OF last resort
one oi she ALLEGATIONS IN The urlgt
al suit OF naaelins Is that IN some
manner several hundred gall0nH Of
fafellne had gotten mixed with some
lx thousand gallons ~ coal oil and
'hat Il wns newer examined and teated
ls required IS tho territorial laws
3nt was soid aa coal OIL
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
STOPS PERNICI0Us PRACTICE

ifeasury win decide upon lasn
II however. tao citlzena Or salhorl.
ties OF any such towns Is nfavideG
COR in The bill. voluntarily eeer 70 de
nate & site Far 4 pgslOllee bnlIdias,
end the site IA the opinl0a d iAs
postmaster general. Is lu exefY way
suitable Zoe lha purpose inleadAa aad
provided she sltIe Is good. ne post.
masief general Is authorized HHd dl.
recied 70 aeetlf such psoassy BY
aeod t6Siis Naisod sletcd &ad fepags
the same II tongfesc
IN 0rsleF 10 provide the mnneN lag
she erection i laese brdainaa lie nlsl
provides TINT s2o.000.00o ehhll he M
sued lli postal certlacntr gtese
postal oariIiEeates shall e issued g
denominations 81 len, twehlY aiiT
one hindred atl ono lhoagsad AZ
lars. Is suel pzoeorli ~ as mr7 Be
fecied by Tue postmaster seAeFsl aha
fhe soefaaFs II tan ffesaH Fh#f
shall run foT lhFsg .eass. and hsas
inlerest froIa date Ok salf as Eea sfaA
o. two pa nen. per nnnaa 1ayeaIR
f7.ans..sset egs aaet -
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
Will REM0NE RRISlNERLl

N'eu Ksse nafnsrd, Senator Pat
s'r'f,:Iz nia bon r q Cameron .e'
tsst Asn lrs.s;.s, Aaasasl ye4ier.
.it oEe seg fc9 ea9n 1t WdfN vi
ss.sss $50 g,sg hiassa of s1rostl-
ha 1i,ssea,s2,y. Tha Lis Sc,
tt9s -14 4xl91' ~ kaz.Ex lst-dg
ivE.af y AR- faAfs7 te-e,n rgt
AZ es55 Is I'D % ,seE. : ,9sst
'Ss,sss Es1drix ag ~ larIg..
,Nl 9gf ~ t< Rt.ssf-see S.s
kia wstsrea h 1AiiA slssi /. ass WI \
VIA saa lAses AsAS III 91o4ss X
IT fsg j I'll qtrsanl.t II raSA5 70
td, aaslge %, as me 'E.xsassslt cas-
cSiS saksa = l1eess until ase 80 s,.y G.,
Fealray s. which time sae Ekssk 50
5onH|liae rsslI feurr lg Lansing ard
aoallnne he Investigation, aud IN TIE
nl3anlImn Al urgent auuezG viii he
addressed ga Gov Sspbhs y fSaaAa
asklne him to continue 50 araaa
tbmmIllas All so hive ihhm 0iiu i|s
tkai he fao rnmm.IlH34 aching lc'
etlhef mas mako 4 I|sll RAH eanH'e|e 10,
qtslIfaIldH q - ntisaa aa#H ia 20
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
Gov. HADLEY
STATES VIEWS

jefferson City. Mo-. laa. II Herbert
s. lladloy The first Republican gov.
crnor Of Missouri since 1871, WAS 81.
augufaied To-Day In hts address Had.
ley declared hewoull enforce thc sun.
day closing laws. iie condemned state
Vide prahlbiiion ana the residential
rather than the ward option System
was recommended llc declared the
senatorial primary law violates both
the state aud Federal constitutions aud
was enacted For political adyanlaEea,H
and should he amended he asked the
passage Of an antlnass law aud De-,
clarod "a is the right Of lae stats go
regulate charges and conduct OI any
buslneas which is Impressed with pub.
lic use by virtue OF hong q monopoly I"
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
THE SENATE

Tho senate dld moi tpnNeuc nid l8n
cluck ihls afternoon a sneclal mes.
sage was feccltel from GOgeenor HAS
ken IN regard so the Cherokee semlu.
ary at rahlequan
Senator Keys introduced concur
rent resolution mem0rlallshg Congress
to reimburse the five civilized tribes
for the mnds thai the GYernment
lhe trlbes to share VITA their
negro slaves under the treaty o. 1860
iphe resolution was referred 90 lhe
committee Ola Indian affairs,
Bills are beiug Introduced as The
Leader goes 60 press.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
DAVE NARUN CAVE THE IDEA

Press reports that the state OF Call
( frnia has adopted the Oklahoma bank
guarantee law were received with
much interest here because it was an
0klahoman who introduced the Okla.
homa idea ~ California during the las,
campaign
Under the auspices OF The Demo
cratic national committees. Hon d. p
Marum, of Woodward, snmped Cali
lrnia for thirty days, speaking almost
entirely on the Oklahoma bank guar
antee law, Ho practically covered tht
Golden state ana was accorded more
than usual recognition by voters and
the press.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
MAY END
ILLINOIS
DEADLOCK

Special to Daily Leader.
Springfield no. Jan ii Gov chas
y neneuna political aaamles ioarnot
i0dag thal decision oi lie Nebraska
supreme court protects him from beinf
counted out Under This aecisi 20 lhf
governor is protected by both Che con
stltaGon and tho statutes against ans
lrlckn@ that might be attempted wam
ihe Two branches ol the Fafly.slxfh ser
cfal assembly gel together 70 canyass
the vote east fr state officers ai the
election November 3, The Nebraska
decision may form the basis for ih,
raising Of the deadlock Tuesday
The Nebraska case Is similar IN es
sentlal p0ints to the illinois situation
as L affects Gov Deneen The ed
prone court u that state Bold thai
when a majority OF both houses met Il
canvass The vote It was not in reality
a Joint session aud that NJ other bnsi
ness could be attempted. The fear tha
the govesnsr's friends In the senate
have been mhurlng under ever since
the move that made shurtleis speaker
again Was that a petition FOR . cOnias
w nld be sprung after The ballots af,
opNned
tudes tae Nebraska decision il x.
held thai the membera Of the leglsln
trre a majority Of each house. ale I
meet for The purpose Of acting as wit
nesses while the speaker Of the house
dee ares the result of The election all
Officially reported. This Ii commpnl,
termed canvassing the vsle. Tonst,
tuiloual lawyers here have been dle
ging deep Ia law books to meet TIE
deadlock situation.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
STATE BOARD Of AGRICULTURE

a call will probably be issued within
4 few days for special meeting onlhe
state board Of agriculture by President
'onnors 70 be- held soon afler Jan i5.
The board has many special matters
20 hand for consideration, including a
quarantine 81 cotton seed and other
regulations A committee win be ap
pointed Ak tie meeting 70 confer wis
agricultural committees OF he leglsla
iure on matters pertaining % the de.
Daftmenl.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
NOW
GOVERNOR

rpcka, Kas., Jan Walter r
iluhbs, Republican. OF Lawrence, wat
pday nausuraiea governor of Kansas
ncccedng Edward W Hoch, also Re.
publican The sixteenth biennial SEES.
sion 81 tho legislature wlll convene to.
mprrow when siubhs VIII deliver hls
FIRST annual message
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11


Isl II ts,Lsrt rd ti- s-s is
aof9rlat \. fa.a
siit yra 1-st hegs Lr - s,o els
eCtss e'saSis& ci .dC OKlrhcrsrc ,.
c,,lssa-r ,r Si1e 1,t as s1lce y he
lies tdss aie scveMmelt uhtilHed
'..s o5'ra ANA tccpes Of It, clerlt In
Jstn1aar dete Tor tie mosecutllr Of
trolsArds q land title suits. u "a true,
That tfI rtsuAr wQlk IN ihe commls-
sllnol clllca ~ MlSllogec vas prac.
tltalll stopped fUl several months and
tue time devoted TO gathering infor.
mation IN which the suits were found
ed # tie government continues 20
use the commissioners Office tor such
special work as this. Il might be con.
tluuel indefinitely for years aud the
commissioner work not finished
The congressional delegation be-.
leyes also that this office continued
means Tie d-ggene along Of work
tha; might as we'll be- hroAght to a
close now. They admit there Is lots
of work sea 70 be lone. but they sec
no reason why Il should moi Ne alvid.
ed up Between the Indian agent a.
Muskogee. the department of Interior
al washington. and the state courts
They believe that 10 close the commits.
sloner's Office would bring to a inali.
~ a lot Of government red tape that
has been In evidence there ever since
the Dawes commission was establish
ed IN 1895 Iaey are satisfied tnc
state courts are competent to dete-.
mine the questions Of law involved.
and that the Indian agent can handle
the routine work,
To abolish the commissioner ON.
&c would wipe out the biggest gov.
erament office IN the state Nearly
i50 people arc employed under the
commissioner Republican politicians
Of tho state are willing to see this
patronage wiped out because they nd.
nit the Office has not been worth any.
thing IN the way Of patronage.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
SAM WHITES SECOND TRIAL

Sam White, convicted IN tho United
States Federal court IN Oklahoma cts
last April O ntle charge Of opening a
letter not his own, Is on trial today
here on the same charge aaylns been
granted new trlGl BY Judge Cotleral
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11
solons shlnered

3oIons ShInered
There was shnering IN convention
aall today The heating fixtures were
put to a strong test Lawm6se.s Gus.
sed and discussed
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-11

ec ess
New-York tribune., 1909-05-29
SPECIAL TAXES IN THE SENATE.

The Dostponement until June 10 of a vote in
the Senate on the income tax amendments is
dictated by sound policy Mr.. Aldrich Is right
in holding that the sections OF the pending meas
IRE leyying duties and establishing free list
must be disposed Of before plans for special
taxation can properly be considered. The ne
ceSsity for reSOrting 10 special taxation VIII
arise only in case the Senate's bill does not
promise to furnish sufficient revenue from Gus
toms. in addition to the existing internal taxes
on spirits, malt liquors and tobacco. 1t is only
fair to wait until the schedules have been
ranged and the deficit can be computed before
preferring one form of special taxation 10 an
other. To pass income tax legislation Intended
10 provide S6O,000,O00 or S70,O00,CO0 of revenue
would be foolish from the point of view of many
honest supporters of an Income tax, if that sum
should greatly exceed the margin Of deficit
caused by an inadequate revenue from customs.
Mr.. Cummins took sounder view than Mr.
Bailey in Thursdays debate although he voted
with the Texas Senator to secure immediate
action. The results of Mr.. Bailey's essays at
leadership since he became prominent figure
in national politics have been always the same.
Both in the House of Representatives and in
the Senate he has been dfyder and disor-
ganizer. He has repelled support instead Of in
viting IT, and has never failed TO consider it
more important TO emphasize his prestige
than TO gain votes for any policy which he has
advocated. His defeat Wednesday shows
that be is still willing to sacrifice results to per
sonal vanity The Senate rightly resented his
attempt TO force an inopportune consideration
of emergency schemes of taxation.
1t is hard TO tell how sincere not few of the
advocates # the income tax are. Mr. Aldrich
charged them with having an ulterior motive in
urging the employment of that form of taxation.
The Senator from Rhode Island argued that the
imposition Of an income tax would be deadly
blow struck at the system Of protection, in that
by raising Il large amount of revenue and ere
ating a surplus it would force general reduc-
tion of tariff rates. Such an argument would of
course, apply to inheritance taxes dividend
taxes stamp taxes and all other forms of emer-
gency taxation. Yet cannot see that the pro-
tective principle is endangered by resort TO
special taxes fo- the purpose of meeting def
ciencies III revenue. 1t has always been the rule
that when surpluses begin to accumulate the
special taxes dispensed with first. The Gus
toms taxes remain, because they subserve the
double end of giving protection and raising reve-
nue., and the purely revenue taxes are discarded.
The federal government laid an income tax in
New-York tribune., 1909-05-29
THE ELEVENTH AVENUE FRANCHISE,

THE ELEVENTH AVENUE FRANCHISE.
The resolution Of the Board of Estimate and
4nnortfonmpnt 10 remove the tracks of the New
York Central Railroad in Eleventh avenue does
not mean that the city has any Intention or
removing the tracks It means simply that the
CITY is going TO test the franchise of the railroad
and is using this way to bring the question be-
fore the courts According to the railroad. the
franchise runs for five hundred years. and ac-
rorIing Ia the Corporation Counsel it has al
ready expired. The situation appears 10 be
this: The city granted the franchise originally
to a company incorporated in 1876 for period
Of fifty years. Before the life OF that company
terminated-nameIy in 1S69-it was merged
into the present railroad. with charter for hVe
hundred years. Did that consolidation extend
the franchise? On its face the case appears 10
resemble that Of the Chicago street railways
They originally had short grants from the city.
but by act Of the Legislature the life of the
company holding those grants WAS extended to
ninety-nine years. In that the Supreme
Court of the United States held that the exten-
sion Of the duration Of the charter did not ex-
tend the life Of the franchises.
In settling this vexed question as to the lis
posal of the tracks in Eleventh avenue. if the
CITY can prove that the railroads franchise has
expired it will he in stronger position TO make
favorable terms with the company. for in that
case the company will have to seek a new fran
chise But the beginning Of this action to test
the validity of the franchise should not delay al
efforts to reach reasonable solution Of this
problem. Such legal test will be very slow.
It will doubtless be ca a~ried up TO the Supreme
Court Of the United Ssa4Cs, and several years
may pass before a final Judgment is reached.
Meanwhile the city and the railroad company
should make an effort to agree upon improve
ment of Eleventh avenue for that Is in the
plain interest of both.