davidaulloa/AmericanStories huggingface dataset:
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-26
JUDGE AVERILL
SUSTAINS DECISION
OF LOWER COURT
Four Strike Breakers are Found Guilty
for Third Time of Carrying Concealed
Weapons.

Judge Mark r. Averill of the
fifth judicial district court yesterday
morning rendered his decision in
the cases of the four strike break
ers, who were found guilty in the
justice court on charges of carry
ing concealed weapons. Judge Aver
Ills decision sustained the lower
court verdict, and the four men,
Hans Legune, B. Allen, George Van
Hoesten and r. A. Davis, will be
sentenced Wednesday morning. In
the meantime they are out on bail,
tn sum having been fixed at 5000
in each case. The decision is pro-
nounced by the legal fraternity of
Tonopah, to be one of the best
ever rendered in the local court,
the clearness making it self ex-
planatory to the ordinary layman.
Just what the attorneys for the
deendants will do next in an at
tempt to secure the freedom they
have been battling for ever since
the arrst of the men, is problem
atical. 1t is understood, however,
that counsel is now making prepar-
ations to carry the matter to the
supreme court which may be done
by asking for writ of habeas
corpus, certiorari proceedings OF
asking for a writ of prohibition.
The opinion and findings of the
court as handed down, are as fol-
lows
Upon trial of these causes the
following facts We're proven beyond
reasonable doubt:
A-The Tonopah and Goldfield
railroad as a common carrier.
B-The defendants were employ
ed as watchmen by the said rail
road company.
C-The defendants were not en-
ployed in train service; that is, no
one of them was employed on April
| 4, 1910, as a conductor, a brake
man, an engineer, or fireman.
D-The defendants, on April 4,
1910, in the town of Tonopah, Nye
county, Nevada were carrying con-
cealed weapons.
E-The said concealed weapons
were carried under instructions
from the special agent of the said
company, who in turn was acting
under instructions from the super
intendent.
| F-The attorneys of the company
had advised the superintendent that
concealed weapons could be carried
by all employees of the railroad
company, the language used being
in part as follows:
In our opinion 1t permits al
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-26
NOTICE FOR PUBLICATION.

Serial No. 04S7S.
De states Land Office, Carson City, Ne
yada. March 2S, 1910.
Notice is hereby given that the AZ
tee Land and Cattle company, nmitea,
a corporation, organized and existings
under and by virtue of the laws Of Of
the state of New York, has MEG N
this office it's application to selec..
under the provisions of the o act ,ookt
congress approved June Attn, 1927 No9 81
stat. 36), the northeast quarter OF
the northeast quarter of section nine ,e
teeen 19); the east half of the sou.n- :
east quarter and the southeast quar-
ter Of the northeast quarter SEE,
lion eighteen GS); all in township
az north, range forty--four CAD east
Niount Diablo base and meridian.
ANY and all persons claiming adverse e.
w the lands described, or desirins 10
nbiect because of the mineral cnarae nara;
ter of the land, or for any otneT Iea-
son. to the disposal to the appnean.t,
sbnuld file their affidavits or protse t,,
~ this office, on or before the l7th
day of May, 1910. corYN
Register.
Date of first publication April ~
's Date of last publication May a.
1910.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-26

and the offender arrested and pun
ished, or to prevent it by calling
upon the. peace officers for assist
ance, or by physical exertions not
requiring manning Or killing. What
did these men have guns for?
Was it not for the purpose of pre-
venting physical abuse to them
selves in case of violence or riot
in other words, for self-defense?
And was it necessary to conceal
weapons carried for that purpose?
Weapons openly displayed often
have preventative effect. while
those concealed often have an in
centive effect, arising from the ex-
ira confidence of the possessor, who
for that reason does not seek to
avoid trouble. They lead him to
do a little more than to strictly to
attend to his duty. Right here we
have the reason for legislation
against concealed weapons. We de-
sire to do away with the ''incen-
tive" effect of them. Railroad
watchmen promiscuously selected are
as serious menace to public good
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-26

made law, and no one will dispute
that courts do supplement the work
of the legislature, that they should
90 SO, and that in many instances
they must do so.
This court is now called upon
or the second time to supplement
the work of the legislature of 1903,
as to the act under discussion. 1t
has already stricken from the act
all parts thereof not relating di-
rectly to concealed weapons, be-
cause of the limitations of the title.
1t is now called upon to add
enough words to part to clear up
it's application, for without addi-
tional words it is almost devoid
of meaning.
A railroad is a common carrier,
and as such this act declared that
it has right to carry concealed
weapons, which is clearly an alb
Isurdity, as the corporation itself
has no means of SO doing. The
owners of stage line are common
carriers. May they carry con-
cealed weapons merely because
they are common carriers? Surely
not unless acting" or engaged in
the business, and here arises an
other absurdity, for proprietors are
very seldom acting or engaged"
in the business itself to the extent
of having any need of carrying con-
cealed weapons. This duty is dele
gated to drivers, messengers,
guards, etc.
! A peace officers not on duty, a
traveller through the state on a lay
over to examine a mine, a stage
proprietor engaged in game of
solo or taking a meal, has no right
to carry concealed weapon until
he again brings himself within the
treason and spirit of the law, "
which happens when the peace Of
ficer goes on duty once more, when
the traveller resumes his journey,
when the stage owner takes up the
work of driver, messenger, or
guard.
| This court is asked by the rail-
road company to add words to part
and make it read as follows:
| This act shall not apply to per-
sons and corporations acting or en-
gagged in the business of common
carriers, or to any of their en-
plOyees.
| This court will readily agree to
the addition of the words COR cor
corporations, because they are
comprehended within the word per
sons,' but must decline to add the
words cor any of its employees. .
Why? Because this court is bound
by rules of Interpretation, of which
there are many; in this case, how
ever, only two need be called upon
"The effects and consequences OF
a rule of law aid in ascertaining
its true meaning. When under one
Interpretation, these effects and con-
sequences are absurd, unjust, on
contrary to the public good, and
under another Interpretation, such
effects and consequences are rea
sOnah1a and inst IL &c c--idpnt that
the latter Interpretation is alone
correct"
"1'he reason and spirit OF a rule
of law, or the cause which moved
the legislature to prescribe it,
another indication of its actual sig
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-26
>or11.p FOR PUBLICATION.

Serial NO. Ofot6; IYritad
nenartment of the Interior, I No.
S 2ada March %, 1910. 49,. tho Az.
Nnt;ce is hereby given that ihe ,,tad
20 land and Cattle company mi .
zee cn rrn organized and , ex,S.'n ~
sn. Serp and by virtue Of the laws avs IN IN
nm state of New York, has NEE, saiect
th;s once it's application 10 ss of
,,nSer the provisions OF the a az fSa
S Soat sS,. the northwest one au ,arte,
SSWS Of the southwest one-auaIbaIS n
~, of section eight lO. , towhSSais
Sxoar a. north. range forty-a4ur neri.
i nest Mount Diablo base ana '"e'''
dian. ns claiming adverse
=, tns lands described. or desirlhs 70 Ve,
isct because of the mineral chr reason
y - tho land, or for any other can't
." ,n the disposal to the appproaas,
Z. .So,' tn file their affidavits OF pro 'ftt
~ this once, on or petore '"e
day of May. 1919; coHN.
Register.
Date of nrst publication. April ~
''i Date OF last publication May q
1910.
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-26

Continued on Page Four.)
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09

cHgcKAeHA MERCHANTS MEET
ALL COMPETITION.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
SLOW
ABOUT PAYING TAX

Guthrie, Okla, Aug, 9.Tseyen thou
sand live corporations, domestic Or
foreign, doing business in the state Of
OKLAHOMA, are liable to the penalty
Of forfeiture Of charter and a fine Of
$500 per day, as a result Of their fail
ure to pay the special corporation II
cense tax that became due and de-
linquent August 1. Only about SOD
corporations have paid this tax, AND
the corporation commission, charged
with enforcing the law. estimate that
there are $500 live corporations en-
gagged in the state
Owing to the fact that the tax is q
new thing, being one of Governor Has.
kell's revenue projects passed by the
March legislature, the corporation
commission has allowed sixty days Of
grace 10 the delinquent corporations.
Domestic corporations are taxed so
cents on each thousand Of capitalize
tion, and foreign one dollar on each
thousand engaged in Oklahoma busi
ness.
The Prairie Oil and Gas company
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09

and Gulf Pipe Line company have
both paid tax of $500; the Hale Hall
sell Grocery company Of McAlester
s4O0, and United States Gypsum com
pany Of Chicago, 5000; Haywood Oil
company of Beaumont, Tex, $233 Ok
lahoma Portland Cement company,
Ada, $500; Packing House Develop
ment company, Oklahoma City, $500;
Midland Land company, $780, Avery
Plow company, 500; Oklahoma Farm
Mortgage company. Oklahoma City
800. Other large concerns are com
ing in fast. The tax Is paid to the
state treasury. and State Treasurer
Menefee stated that the checks were
beginning to come in at the rate OF so
per day
AS the checks average from SIS for
small to $500 for few large con
Germs, there Is every indication that
the state will derive at least half a
million dollars from this source alone,
and possibly three-quarters of a mil
lion. Railroads, corporations paying
the gross production tax, electric
light companies, etc, are exempt.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
KIND WORDS FOR
RETIRING PASTOR

church, encouraging them, and always
helpful to the deacons with wise sug-
gestions.
Resolved, Second. that in losing
Brother Holt as our pastor we lose one
OF the strongest men in the Baptist
denomination, a scholarly man, life
long student, a man Of wide experience
and observation from long service and
extensive travel while occupying re-
sponsibIe positions, and that while we
feel deeply the personal loss which the
church sustains in giving up Brother
Holt as pastor, we feel that the state
as whole will gain by the change, he
being admirably qualified for the work
OF conducting a religious and denomi-
national paper in which he may each
week instead Of preaching to one CON
gregation, instruct thousands all over
the state.
Resolved, Third, that the church
sustains a gaeat loss in having Sister
Holt taken away frc.n us. she having
done great and vluzble service in her
work with the children and young peo-
pie, having organized the young peo-
pie into a sunbeam band, and having
established the kindergarten and pri-
mary departments Of the Sunday
school, thereby greatly increasing the
interest and attendance in that depart
ment Of the Sunday school.
Resolved, Thas the church com
mend Brother and Sister Holt to the
good people Of Oklahoma City who
will be enriched by having them and
their influence in their midst; that
these resolutions be printed In the
Ckickasaa Daily Express and Morning
Journal aud the Baptist 0klahoman.
Respectfully submitted,
II. B. ABERNETHY.
MRS. r. f. DAVENPORT,
w. A. COOPER.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
(First published July IA, 1900
sHERIFF,S SALE.

Slate Of Oklahoma, county Of Grady,
IS.
Notice Is hereby given that by yir-
tue Of an execution and order Of sale
to me directed and now in my hands,
issued out of the clerks Office Of the
district court in and for Grady county,
state Of Oklahoma, upon Judgment in
foreclosure upon the property herein
after described, in favor Of Daugherty
Brothers, plaintiff, and against T. C.
Dixon, defendant, in the sum Of sixty
and $500 dollars (s60.55) withinterest
thereon at the rate of per, cent per
annum, from the 10th day Of June,
1910, and costs, shall on Tuesday, the
10th day Of August, A. D., 1910, at the
hour Of one o'clock p. m. at,the front
door Of the court house OF said county
Of Grady iu the city Of Chiekasha in.
said county and state, proceed to sell
the right, title and interest Of the
Above named defendant IN and to the
following described property to-wit:
Lot number !, in block number three,
in the town Of Tuttle, Oklahoma. sith
ated in Grady county, Oklahoma, to
satisfy said Judgment and costs, to.
gether with all accruing costs Of sale,
to The highest bidder for cash.
Dated at ohiekasha, Okla, this 18th
day Of July, a. D., 1910
M. B. LOUTHAN,
sheriff Grady County, Oklahoma.
BY G. W YEARTA. Under sherin.
=. Z. Riddle, Attorney for Plajntin.
7-14-5w
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09

The following resolutions concerning
Rev. A. J. Holt, retiring pastor OF the
Baptist church here, were prepared by
committee consisting Of Fl. B. Aber-
nathy, W. A. Cooper and Mrs. R. e.
Davenport and we're unanimously adj
opted:
Whereas, Our beloved pastor, A. j
Holt, who has served us so acceptabIy
since September, 1909, has decided
that duty calls him into another field
as eGitor OF the Baptist Oklahoman at
Oklahoma Cily and,
Whereas, He has rendered his resig-
nation as pastor OF the First Baptist
church Of Ohickasha to accept that
responsible position, and at his ear
nest solicitation the church has with
reluctance accepted his resignation, De
it
Resolved, That this church express
her great appreciation Of him and Of
his faithful services as pastor. and. of
his untiring effort to upbuild every in
terest Of the church during his pastor
ate Of ten months. the extent Of
which work is showN by the following
statistics:
Sermons preached, 1902; other relig.
ious addresses made, 95; pastoral Wis
its, 1000 Sunday school lessons
taught, 24i prayer meetings conducted.
p funerals, "a; members received by
letter. ~; by baptism, II; restored 10
church roll, 81; making a total rAt
gain in membership Of 107, Two hay-
ing died and 33 being dismissed by let
ter He has systematized the work Of
THE church, having the Ladies' Aid. the
B. Y. p. u, Sunday school, Sunbeam
band, as well as the church proper to
make monthly reports Of the work
done for the month; he was active in
the different departments of the
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09

'$*++*++@+%$@*+s :
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
lie ON PANAMA CANAL

Has bad one frightful drawback mala-
ria tfoubIe-that has brought suffer
ing and death To thousands. The germs
cause calls, fever and ague. bilious
mes, iaundice, lassitude- weakness and
general debility But Electric Bitters
never fail to destroy them and cure
malaria troubles. Three bottles CON-
pletely cured me OF a very severe at.
tack Of malaria, writes VIM. A. Fret
we'll, Of Lucama, n. G., 4and I've had
good health ever since" Cure stom-
ach. liver and kidney troubles, and
prevent typhoid. soc. Guaranteed by
Brown & CO. d&w
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
i. NJ. DAWsoN--AN APPRE.
CITATION.


+ When the newspaper from Al
Y pia, Iowa, brought to Chiekasha
+ the news OF Major Dawson's
\ death Il carried the thoughts Of
+ many of the pioneers back to the
= days when the major and his
4 good wife were among our fore
= most citizens.
: There was only one newspaper
4 here then, (1893l, only one print
: ing Office. The Express aD-
4 peared once week, and every
; one looked for it.
= Mrs. Dawson was the society
= editor and we owed, many a
4 "wrlte-up' OF church and social
. affairs to her facile pen. She
= was later an active member Of
= the first women's club, -fsorosis).
= and was prominent in all the af-
= fairs Of our little city.
4 The major welded a trenchant
4 pen, was master oSchoice Eng
= lish, and kept chickasha to the
Z front. He was kindly. humane
= man. fond Of children and dogs,
4 as all manly men are. and his ed
4 itorials always stood for what
= was best He has been called
= from his earthly Office to one
= unseen and the Influences Of his
= works, though unseen, do follow
4 him
= MEE EUGENE HAMILTON.
A First President sorosis.
~
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
TRY THE
Rock Island Barber SHOP
j. 3. Holloway, Prop
YOU WILL Be PLEASED
rI3 South ard ST.

In buying a cough medicine, don't be
siraid to get Chanberlain's Cough Ron.
edy There is no danger from it, and
relief is sure to follow. Especially
recommended for coughs, colds and
whooping cough, Sold by all dealers
d&w
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
TRYING TO
STOPFEVER

Oklahoma City, Aug. o.-Two new
typhoid cases were reported to the
board Of health Monday, one at 23f
West Third street and another at 72s
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09

T. D%.,faJlP 91a hBHt'
I'm. of said day, that
the regular July term,
laid county court, has
as the time for hear
tion, when and where
ested may contest said
lg written opposition
lound OF incompetency
pr may assert his own
tninistration aud pray
1ued to himself.
1. Williams, oudge Of
Of the county OF Ora
Of the court affixed,
hgust, A. ID, 1910.
IN. NJ. WILLIAMS.
County Judge.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09

} street Is that Of negro child, who Is
believed to have been suffering from
typhoid Is being investigated No
physicians we're notified. The child
died at O'Clock Monday morning and
the death was not reported until late
Monday afternoon.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09
Something Of Interest
to All Mankind

~ ftf ~ ArA (, PAH
portions in towns
and cities through
out the country re-
gardless of the quail
ity Of other supplies
through he city
mains. This is great
" due to the efforts
of physicians, who,
re ecognizing the
great solvent prop
critics of Distill-
ed Water. and its
consequent value in
absorbing and elm
mating the impuri-
ties Of the human
system, are recon-
mending it to their
patients, in prefer
ence to city water
or bottled spring or
well water; but it's
use is not limited to
those in care Of ply
sicians, it is the wa
ter of waters for all
persons.
DISTILLED Wa
ter always has
and always will win
trade in the face of
well or spring water.
Such water is heavy
with minerals. Dis
titled water is abso-
IuteIy free from min
erals as we'll as ami
NAL and vegetable
matter in suspension
OF solution.
THE new b orn
babe is brought
to US in a soft gela-
tine condition,
Ossification comes
with age, due to the
clogging Of arteries
and veins, with min
erals, such as lime,
etc. These miner
als are related to uric
acid; hence, rheu-
matlSm and kindred
diseases of man.
DISTILLED water
i'll dissolve
these minerals and
let them pass from
the system, and it
has been stated by
reputable medical
journals that the
use of Distilled Wa
ter from the Both
year would prolong
life from ten to
twenty years.
DISTILLED Water
is so soft, so ab-
lutely pure, and,
as all water we sell
is pumped from a
90-foot cased well
and produced under
our own personal
supervision, is so
palatable and salts
factory for drinking
that once you begin
to use it you will
have nothing else.
PRICES
IL dozen / gallon
bottles in crate 90c
$40 coupon book Of
20 5-gallon bottles
for $3.50
5-gaIIon
bottle Soc
If you want to be
loyal to Chickasha
and benefactory to
yourself, get your
coolers filed with
that pure distilled
water.
Manufactures and
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-08-09

lhls nan IS pl5 SEQ simr .yD
cause he got his Poultry from
Neal & Buckley.
OF course, we are not going to
say tnat he could not have
bought good poultry some place
else, but we do say that he can
ALWAYS get it from us.
EVEN A WOMAN
can hit the nail on the head once
in awhile, but it takes care and
experience to do it all the time.
We buy only the best CHICK
EMS, AND, w Z KIN 0 w
what is bes tbeeause Of our long
experience in the business.
Neal & Buckley
Phone 14O.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1910-02-11
NOTICE FOR PUBLICATION
DEPARTMENT OF THE INTERIOR.

DEPARTMENT OF THE INTERIOR,
U. S. LAND OFFICE AT SEATTLE WAsHINGroN
JANUARY 6, 1910
Noticei is hereby given that Ethel A. AIlatt,
whose post office address is Rosario Wash. did.
on the 9TH day of January, 1900 file in this;
o OF sworn Statement and Application, No.oo5o,
10 purchase the NE14 SEA Section a. Town
ship 81 North, Range 1 West, Willamette
Meridian, and the timber thereon, under
the provisions of the act of June g. 1875 and acts
amendatorv, known as the Climber and Stone
Law" at such value as might be fixed by APP
pra1sem ent, and that, pursuant to such app1ica-
tlon, the land and timber thereon have been an.
praised, one hundred dollars, the timber estima-
TED no board feet at Sno per NJ and the land
" SO per acre; that said applicant will offer final
proof In support of his application and sworn
statement on the 10TH day of March, 1910, before
Register and Receiver, U. S. Land Office at Seat
tie, Washington.
ANY person is at liberty to protest this pur-
chase before entry, or initiate contest at any
ume before patent issues, by fling a corrobor-
ated afhdavit in this Office, alleging facts which
would defeat the entry
]. HENRY SMITH
NepuDncation. Register.
First republication Jan. IA. 1910.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1910-02-11
Ordinance No. ~

lSOPYl
AN ORDINANCE fixing and establishing the
width of sidewalk on Blair Avenue, in the
Town of Friday Harbor, Washington; re-
quiring said sidewalks to be constructed of
an uniform width and grade, and specifying
the material and the manner in which the
same shall be constructed.
BE IT ORDAINED by the Council of the Town
Of Friday Harbor, Washington:
SEC. I. That all sidewalks hereinafter con-
struggled and maintained on either side of Blair
Avenue, between Spring street and Guard road,
shall be OF an equal width of four IA it,. feet
measuring from the outer edge of said street,
toward the center thereof
SEC. 2. That all o. said sidewalks shall be
constructed either of concrete or firm plank,
and shall be built in a substantial manner.
That all Of or any part of said sidewalks built Of
plank shall have at least two I'll stringers, said
stringers shall be not less than 2 inches and
shall be planked with plank of an even thick
ness of one ane one-half inches and shall be Sc.
carely spiked with at last two spikes in each
plank where the same crosses the sttingers used
in the construction thereof.
Passed by the Council of the rown of Friday
Harbor, Washington this Sth day of February,
1870
SEAL JOHN L. MURRAY, Mayor.
Attest: o. c. WALL, Clerk.