davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13

a burial ground Is not, per Sc, a nuis
late vicinity and that when he seeks
to enj0n burials or extentions OF lots
he may not simply allege In genera
terms probable injury to himself OF
| family but must state facts from
which the court may clearly see that
such injuries will most probably re
suit. The action was In the district
court Of Custer county to enjoin the
Plaintiffs In error from entering a
certain thirty acres of land.
The injunction was granted by
Judge Tolbert.
Other decisions of the court handed
down today were:
BY Chief Justice Dunn.
T. j. Walker VS.. c. J. Bowman ct al
Oklahoma county; reversed and re-
manded. "A right of action against
an abstractor for damages resulting
from incompletedness, imperfections,
or error in any abstract furnished by
him. accrues at the time the examin.
alton Is made and reported and not
when the error is discovered and the
damage resulting threfrom have been
paid"
Oklahoma Fire Insurance company
against Mrs. Maud Phillips, superior
court for Muskogee county; affirmed
w. J. Moon, VS.. Pearl Moon, Bryan
county; dismissed.
w. H. p. Trugeon VS.. 4. w. Gall
more, McClain county, dismissed.
w. H. Cowan VS., E. T. Maxwell.
Okmulgee county. affirmed.
Davis Bros. g. Burke, Stebblns &
Kirke and M. X. & 7. Ry. c., VS..
Charles and Louisa LeF'lore, Atoka
county. affirmed. THE ascertain,
ment of the amount OF damages is In
any case within the providence of the
jury"
Frank r. ziska VS.. Newton Avln
and Mary e. Overholser, Oklahoma
county; dismissed
BY Associate Justice Hays.
Gulf Line Pipe Co. VS.. w. NJ. Vah
denburg, Choctaw county; affirmed
Pattee Plow Co., VS.. II. G.. Read,
Pottawatomie county; affirmed. "The
payee of non-negotiable instrument
who writes his name across the back
thereof and sells and delivers the
same does not thereby render himself
liable to the assignee on each note
either as an endorser or guarantor."
o. e. Coover. Muskogee county; re-
versed and remanded.
w. ]. Finch ct al. VS.. Dolle Brown
ct al. Canadian county court; affirm
ed.
NJ. Gergens VS.. ]. S. CcCollum, Wash
ita county; reversed and remanded.
Tootle, Wheeler & Mootle Co., VS.
Continued on Pare 81
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
ROOSEVELT AND HARMON
Senator Clark's Prediction oI
Presidential " ominees
in 1919
lpy Leased Wire }

Spokane. Wash. Sept 13. Barring
unforeseen accident. Roosevelt will be
the next Republican candidate for
president" This Is the opinion of
former United States Senator William
A. Clark, the Montana copper king.
There Is not the slightest doubt
but that the colonel Is grooming him
self for the 1912 campaign.
Governor Harmon OF Ohio will
probably be the Democratic nominee.
Had Governor Johnson OF Minnesota
lived he would have been the Demo-
cratic nominee"
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
win Enforce Nursery Laws

Enforcemen OF ne nursery laws Il
proposed by the hoara Of agriculture.
Secretary +. W. Glsl said YESTERDAY
taat on account o. he difference hes
l~vun slass laws oA.as.ssl-4 ~oaal1
find 1t aeees sary to put up rigid IN
speetlon 10 protect houls nursery
men and purchasers Of foeelzr stock
Prot. Sanoorn Of the A. and ". COT
|legs las charge Of Inspection.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
RAILROAD WAS TOO PREVIOUS

Complaint that an Iron Mountain
train was recently too previous at
Claremore ras been made to the cor
poration commission. The complaint
aIleges that the train was buIletined
twenty-five rirrses lase. hr' 'het y
turned ont TO be four minutes late
end that twenty-five passengers were
lett either on their way to the sta
tion or on the station platform THIS
|ia violation under order No. |.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
FRANTIC FROM FRIGHT.
Horse Scared at Car Killed Its
kider and Injuree Young
Woman

tnx Annotated preasl

Nicola. Ia. Sept l3-~LeWls Dreyefs
son OF a prominent farmer. was in-
stantly killed. and Miss Gladys SER
ton, OF Nicola. severely injured when
Dreyer's horse became frightened at
an automobile in which the Young wo-
man WAS a passenger, threw lsn rider
ard caused the @reckirg d. Tie ma
chine. The horse reared and fell ID
the car Dreyer's neck wns broken
and Miss Sexton was bruised by the
horses boots, -
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
INVOLVED IN OEFUMCT
COLUMBIA BANK AFFAIR
Court Holds Bond Companies
Not Entitled 10 Operations
Of 6uaTanty Law

Deciding two of the cases brought
by the bank commissioner In the Col.
limbia Bank and Trust company mat
ter against The United States III.
deity and Guaranty company, and the
Southern Surety company the su.
preme court, In an opinion by Asso.
ciate Justice Kane. holds that the
bank guaranty fund OF the state OF
Oklahoma Will not apply to funds OF
the school land department prior to
the surety companies bond. The de.
ciiion holds the surety companies for
$4,000 each on their bonds for the
school land fund, regardless of the
bank guaranty fund.
The cases were started by Bank
Commissioner Young and carried for
ward under Commissioner n. B. Cock.
rell. Judge George w Clark. OF the
district court for Oklahoma county,
found for the surety companies hold.
Ing that they were entitled too the
operations of the guaranty law an a
stay. The action OF the district court
Is reversed and remanded.
The decision Is made on the case
against the United States concern and
applied to the Southern case. Tho
syllabus OF ire court is:
Syllabus OF The Opinion
/. A surety may maintain an action
against his principal. to compel him
to discharge the debt or liability for
which the surety IL bound. after the
same has become due.
2. Section 1863. Complied Laws Of
Oklahoma. 1909. which provides that
the rule OF the common law reaulr-
Ing strict construction OF the obli.
cations OF a surety shall have no ap.
plication to the obligations of q sure.
II or guanantor or indemnitor for
heir, but all such obligations shall
be literally construed In accordance
with the rules OF the general law ap
pllcable TO policies OF insurance, pre-
seribes a rule Of construction TO guide
the courts Of this state, but does not
affect the rights Of surety where
therei no ambiguity In the contract
of suretyship
3. Section 7943, Compiled Laws of
Oklahoma. 1909. which provides that,
until the permanent school funds may
be safely and adyantageously invent
ed In the securities prescribed by law,
the commissioners OF the land Office
are authorized to derosIt said funds
Ia such hanks or trust companies
as they may select. but shall In ey.
cry case take as security for such de.
poslts the following classes of 80.
cnritles and no othersh Bonds OF
the state OF Oklahoma. bonds OF the
counties, school districts. cities and
towns OF this state, state and county
warrants and approved state. county
and municipal bonds OF other states.
bonds OF tho United States, first mort.
cages on real estate, warrants or 9th.
er legal evidence of Indebtedness au.
thorized by law to be issued BY munTc
palities In payment OF paving, sewer,
waterworks. electric light. or other
public indebtedness and for witch a.
special tax is authorized 10 be levied
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
WATERP0WER LEASE SUBMITTED.
fBy Leased Wire.

Washington. d. G.. Sept. is.--The
forest service officials today submit
ted Sec. Wilson's agricultural rough
darft OF the proposed lease under
which thc power companies WOULD te
enabled to develop water power sites
on national reservations without OBJ
tanning possession Of land. The plan
is direct result from the st. Paul
conservation convention.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
Am I.eaaed WIrel

Portland, Me. Sept, i3-Gov.E Elect
Plaisted today claims his official plur
ailty would exceed 1000 Asher
Finds. Speaker Cannon's parllamentar
Ian. claims his election by one hun
dred votes. while VIM Pennel (Dem.)
claims he has defeated Hlnds x re-
count will be necessary. Judge Han
son has defeated Congressman Guers-
ney, standpat Republican. The leg
ielature will be certainly Democrats
which means the retirement OF Sen
ator Hale.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
fBy Leased WIre)

Beverly Mass. Sept. f3-No state
mint for publication was issued from
executive quarters today. relative 10
the results OF the election In Wash
lngton and Maine. The result In
Maine was a double sting to the
Taftites as Republican leaders bad
predicted beneficial effects from Mr.
Tsft's recent visit TO Maine.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
GOVERNMENT TAKES PRISONER
fBy Leased wirel

Oklahoma City, Okla, Sept lS--
Charles d. Marsdon, a government
prisoner h,ild here In the city jail,
was taken to Norfolk. Va. by United
States officers sent from there lie
rs charged with the misuse OF govern
mcnt transportation He was impli-
Gated In an attempted Jail delivery
Monday night. In which he and Tom
jones, a fugitive from justice. from
Tulsa. had used crowbar TO pry
bricks from the wall OF the jail
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
DEMOCRAT
SENATOR
IN MAINE
(py Leased Wire.

Portland Me, Sept ls--The indica-
tions are that the entire Democratic
state ticket was elected yesterday.
Three OF the four congressman are
Democrats and the other congression.
al district Is In doubt The leglsla.
tive, according 70 the very latest re-
turns. Is safely Democratic, which en-.
sures the election Of a Democratic
senator to succeed Hale.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13


| There is now In progress the great
est and perhaps the last decisive legal
battle over the attempted removal OF
the capital before the designated time
| 1913. Whether there sto be an ell
ection In 1913 or whether the election
Of June II shall suffice Is likely TO
be determined by the supreme court in
this case. Should Guthries conten-
tions as to the validity of the special
election OF June IL and the validity
OF the enabling act stand the perman-
ent location will go over to 1918.
Sho uldOklahoma City and the gov
ernor prevail the Oklahoma City To-
cation may be declared permanent.
| The history OF the capital location
case will be memorable as long as
there Is any Oklahoma history. 1t is
one OF the greatest cases any state
has ever experienced furthermore It
is likely to be over with in the course
OF six months from actual inception
time unprecedently short In the his
| tory OF heavy litigation. Some OF the
best legal talent In the state has been
employed. Few II any law suits have
been more closely followed by the
press OF the state and nation, and few
have surpassed 1t in any sort OF pop
ular interest.
History Of the Case.
The unsettled question, of course
dates back to the opening Of Okla
homa territory and beyond. Guthrie
| has been the capital from The April
days of 1899. The first settlers OF
Guthrie either avoided the present cap
itol square or were driven off by the
mayors who had been in orrlce about
fifteen minutes. The grounds have
been improved and are of wonderful
possibilities. and good-sized tenn
porary building has been erected by
| the city for the use of the state.
Oklahoma City.s ambition to be the
capital is as old az the city and the
partial attainment of its object was
accomplished only after many years
OF waiting for precarious opening
and by the use of most resourcefll
comfreres.
April Is a great month In Oklaho
ma In an historical sense. The terri
tory was opened in April and the cap
ital location fight blazed into activity
In April twenty-one years after the
opening
ooyarnor Calls Election.
The first shock came when Govern
or Haskell called the election for June
l.ll. Inis was ia the nature Vi q couE
Efforts TO enjoin the election undeI
an Initiated bill we're futile. Previous
to this initiated bill Senator RusseIl'i
New Jerusalem very similar to the
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
ARGUING
CAPITAL
LOCATION
COMBINED FO Rem SIC
ATTACK UPON sU-
PREME COURT
ARGUMENTS TO CONTINUE
THROUGH WEDNESDAY
Case Destined 10 Become
Historic In Legal
Jurisprudence

eliminating argument In the mat.
ter OF the location of the capital oil
Oklahoma until 1913 was commenced
~ the supreme court this afternoon.
Oklahoma City, attorneys, claiming
that the capital should be located in
Oklahoma City by virtue of social
cd election on June IL, started at
o'clock. The Guthrie attorneys will
contend that the capital was fixed in
Guthrie until 1913 by the enabling
act. under which formation OF con.
stitution was undertaken and that the
initiated bill providing for permanent
location of the capital was not legal.
ly enacted. The initiated bill Is at.
tackled because II omits the enactlng
question: Shall the bill be adopted .
In their brief the Guthrie attorneys
state that. 1t cannot be consistently
contended that the initiated powers
reserved to the people with all its
force and effectiveness can vitalize
and put In forct the provisions of a
bill before 1t has received the approx
al OF majority of the electors
where 1t is snbmitted for adoption or
rejection.
This bill we confidently contend
was never submitted to the electors
for their approval or rejection. Ev.
cry requirement OF the statute was
disregarded.
The title of the case which is OF
SO much importance to the cities in
vol9ed and to the state at large is
Thomas P. Smith, secretary of state.
VS.. G. N, Haskell, ct al, defendants in
error The names of all state Of
hcers except the governor are includs
ed as plaintiffs In error. In former
decision 1t was held that the courts
havt no power over the person of the
governor, but that no other officer is
entitled to the exemption
c. G.. Hornor, j. II. Burford and
Frank Dale appear for Guthrie, and
3. f. Burwell. w. A. Ledbetter and
&. B. Stuart for Oklahoma City. This
Is the first appearance Of Judge
Stuart In the case.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-13
MEAT TRUST
HEADS FACE
PEN TERM
(By Leased Wire,

Chicago, H.. Sept. 13-Judge X. NJ
Landis today issued mittimus fol
the arrest of the ten big packers, who
were indicted yesterday on charges
OF combinations in restraint of trade
conspiracy and monopoly.
The packers are expected to ap
pear voluntarily.
Bail has been fixed at ten thousand
dollars in each case.
The Indictment covers a period ex
Il nding back ten years The pack
ers are facing penitentiary sentences
(By Associated Press.)
More indictments Rumored.
Chicago H.. Sept. 13,-Two meat
packers are expected to be indicted
by the Federal grand jury which yes
terday charge ten Chicago packers
with conspiracy and Illegal monopoly
and today the government announced
it's intention to force early trial OF all.
The additional indictments. 1t Is In.
timated. may not come until the ten
men already named have given bond.
Each provide ten thousand dollars on
each of the three indictments.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-28
nRoMNISG ACCIDENTS.

Father Quinn, OF st. Gertrude's
Catholic Church, Conshohockcn, Pa.
risked his life yesterday afternoon to
give absolution to girl who was
drowning. Carefully picking his way
over the thin ice until near the spot
where she was dying, he gave her the
benefit OF the church rites.
The chasm in the ice had so widened
that the priest could come only within
speaking distance.
George c. Hutter, superintendent Of
the Fort Defiance Coal Company, Of
Gauley Bridge, w. Ga, and his brother,
Risque Hutter, Of Pittsville, Pittsyl-
vania county. Va. who was visiting
him, both sons OF the late Mai. E. s.
Hutter, OF Lynchburg, were drowned
at Kanawha Falls, w. Va, shortly be-
fore l O'Clock yesterday morning. The
two men we're returning from an en-
tertainment given at Glen-Ferris by
Mr.. Williams, across the river from the
home OF George Hutter, and on the re-
turn they attempted to cross over on
the ice, which broke and let George
into the water. Risque tried to save
his brother and both were drowned.
The young men we're first cousins OF
Mrs. Charles Dana Gibson and the
noted Langhorne sisters, of Albemarle
county.
Disregard OF the warning of several
spectators at Seaford, Del, yesterday
afternoon, cost 17-year-old John Cook,
son OF Mr.. and Mrs. G. E. Cook, OF
Bridgeyille, and 1S-yeas-oId Clarence
Clymers, OF Philadelphia, adopted son
OF Mr.. and Mrs. M. B. Waters, near
Seaford, their lives. Cook, in company
with George Ruos, jr., aged 16 years,
son OF Postmaster George Ruos, OF
Bridgeyille, went to Seaford yesterday
for an outing. Joining Clymers, they
went to Hearns Pond, about three
miles from town. Finding the ice
soft, they decided to try Williams pond
at Seaford. As the lads approached
the pond they were warned not to go
on, but paid no heed to the warning
They were several yards from shore,
when Ruos broke through Cook,
going TO his assistance, fell in. ely
mers, seeing their perilous condition,
offered assistance. breaking in also.
As Ruos was being rescued Cook and
Clymers sank out OF sight.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-28
AUDITOR DONAHOE.

Work in the state auditors Office,
which was halted by the sudden death
OF Colonel Morton Marye and a de-
feet in the law which requires the
Office to be closed between the time
the old official dies and the new one
is appointed, was resumed Tuesday
morning, with s. r. Donahoe, OF Fair
fax county, as the incumbent.
Mr.. Donahoe, who took the oath
ofoffice and furnished $35, 900 bond Sat
urday afternoon, was at his desk in
the State Library building bright and
early Tuesday morning and was well
coined by many friends and admirers.
The first official act Of the new auditor.
after taking the oath OF office, was the
issuing OF statement in which he
said all the employees who had served
so faithfully and efficiently under Col
Marye would retain their places at the
same compensation. -[Richmond Yir-
ginian,
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-28
SUIT DISMISSED.

United States District Attorney Ed.
win w. Sims appeared yesterday before
Judge Kohlsaat, in the Federal court in
Chicago and asked that the dissolution
suit of the government against the
National Packing Company, which had
been accused OF being a trust, be dis
missed. The order was entered by the
court. Recently attorneys for the in.
dicted packers appeared in the Federal
district court and asked that the crimi-
nal proceedings be stayed until the
civil suit was terminated.
Assistant United States District At
torney James H. Wilkerson yesterday
issued a statement regarding the action
in sweeping aside the civil suit to make
way for criminal prosecution Of the men
composing the National Packing Com
.pany.
Mr.. Wilkerson asserts there is but
one reason for the dismissal OF the civil
case, and that is the desire of the
government tor immediate and vigorous
criminal prosecution OF the packers.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-28
Lover I'm Jail.
nations.

Chicago, Dec. 2S. The seven years
service OF Jacob for Rachel was out in
the also ran" class here asan example
OF persistent love when the commit
ment TO jail OF Carl Will. former
Austrian government employee, revealed
heart chase that in ten years covered
practically every city OF note between
here and Vienna. The object OF Wits
alteration is Miss Gisella Sandner. an
Austrian goyerncss who caused his ar
rest on a charge OF threatening to kill.
Before municipal Judge Newcomer
Miss Sandner told her story. She
was employed, she said, ten years ago
as governess in the house OF Count
Fehlstein in South Austria when she
met the persistent lover. His atten-
tions drove her to Vienna. He follow
ed. Then she fed 10 New York, to
Detroit, to Buffalo, to Chicago and al
ways the longing sutton was on her
trail.
'Fonr times since | came to Chic
ago." said Miss Sandner, he has
visited me at different addresses. Tho
last time he threatened 10 kill me, say
ing his patience was at an end. Then
! had him arrested. "
Il love her." was Wills only an
swer to the girls accusation, and Judge
Newcomer said lie would listen to more
OF their story after the mans 500 fine
was worked out.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-28
Last Payment Made.
Washington L


The state department was a
day OF the arrival in New F3la
1926, 900 in gold coin from III. .Au.e,
can Legation at Bogo;a, CoIur
bia, representing the final PAYNE
OF a total OF 100000 by the city "a
Bogota 20 the Bogots City Railwa,
Company, an American corporation, q
which the Martin family OF New J
sey are the principal owners. lno
payment OF this last installment for the
purchase OF the railroad brings to an
end source OF constant trouble be-
tween the American company and the
Colombians.
The resentment on the part OF the
natives towards this foreign company
eliminated last summer 10 series OF
riots, anti-American demonstration
1t was decided that the only way TO
remove the source OF contention was
through the sale OF the railway. After
considerable negotiation between the
American legation and the Colombian
administration an agreement was made
for the sale early in October and the
first payment on the purchase price
turned over to the American legation.
State Department officials are conf
dent that the settlement OF this vexa-
tious matter will tend to strengthen the
friendly relations between the two
nations.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-28
CHIEF OF CYPsIEs ARRESTED.

A wanderer claiming 10 be Mitchell
chief OF all the gypsies in the United
States, is under arrest at Wadesboro,
n. c., charged with criminal assault
on woman in another mans tent in
their big camp near that city.
Mitchell is said TO have forcibly en-
tered the tent occupied by the woman
and her family, and his act precipitated
a riot, many men aud women being
injured seriously in the melee, which
lasted several hours.
Cruelties bordering close onto the
barbarous are said TO have been in
ficted, among which was the tying OF
men and women TO the trees. hogging
them and leaving them there for hours
exposed TO the elements. All the vic
Tins are recovering.
Sheriff Lowry went to the scene Of
the trouble and miiichell's arrest was
made. He WIS given a hearing at
which it developed that the original
trouble developed over tribal clashes
caused by claimed leadership.
Two bands are closely encamped
each claiming precedence in leadership.
Mitchell predominated and in commit
ting the alleged assault he appears to
be conscious Of having done no wrong,
as he says this is bis right, he being
the chief, The offense with which he
is charged is a capital crime in North
Carolina.
The gypsies are enraged and each
band is threatening BARN to the other.
A clash is feared by residents OF the
community where the encampment is
located, and they are demanding the
expulsion OF the several hundred no.
MAIDS.
Justice Allen has bound Mitchell
over to the Superior Court without
bail, and three other gypsies are also
held charged with assault with crimi-
nal intent.