Muskogee Daily Phoenix and Times-Democrat from Muskogee, Oklahoma • 8

MUSKOGEE PHOENIX WEDNESDAY MOURNING AUGUST 5 190 (1 HALL Secretary SATLR President RESTRAINIKG ORDER 6RAKTED BUSINESS DIRECTORY OF MUSKOGEE (Continued from page one Sater Abstract Co IscorvwatoS to Campbell ft Oianger Oldest Abstract Office in Indian Territory HEAL ESTATE THE BEST PEOPLE WIRT THE BEOhORK PFATEIHAUCI ft MWllL KIIOWATKK ot McMUKKY CONTRACTORS JOHN SANDERS CONTRACTOR AND BUILDER Eatlmate Furnished aa Mistitt can atllv iMinliae builaeu drcotelloe sell Office rooms aad 6 Old rhuu fiij ehuD KM BroJr IM-vlaliU: TbIMeca years enparienca la the abstract bwalncsa Homestead Building hiiiiusics tivcuoa all wotk KKAL STATE La mi I bought and sold houses rented money to loau 1 WILSON SQUIRE lo surrender ths said laud and ask to have hsr filing upon tbs same cancslled TIIK MiADLKY by the Commission to th Fiv Civilised money mi your Salaiy loan Will loan Jewelry made Tribes ai thus tuislsad plaintiff in HEAL ESTATE CO Incorporated Dealer in Farm and City Property Coricipondeuce Solicited Koooia I 3 and New Crabuec Uuildmtt Second St Room 7 Turner Building tin that they could not get other lands they could bavs obiatnsd at that time to SI upon Bouth Msiu Bt Muskogss I (J RUN A WALT THOMAS CARPENTERS AND CONTRACTORS First door aoutb of European hotel Bouth Main Street Muskogee I DRUGS Prescription a Specially Opposil Pottoffice Second Street "Tbat subsequent to ths time said de CROUCH GUN AND LOCKSMITH General Mat biuntaud Repairer u( Uai-olenc Engines Bicyclei aud Typewriters Eapcrt Safe Opener South Second St fendant filed upon the aaid land plaintiffs rather selected certain email tract of laud in other location for a part of th UNITED STATES LOAN AND TRUST COMPANY warn quailer of ih northeast quarter all in 8m Ii la Township North Kange 17 Last of lb ludian Meridian eacept th upon alwul £1 acres of taid laud lyiugiu tli west half uf tLict north eat quarter of th northwest quarter of taction IS Township lli North lisnge 17 Eailwbicu are owoed by the defend ant Lulu WaJ-utlaud that lb aaid Lulu Walcott in addition to aaid improved laud ba about fir acre adjoining th eaui under feoos "Tbat the father and natural guardian of tha plaintiffs Charles Garrett baa uesa in posaeasinn of lb said land since prior to tba opening of th Creak land ofllc at Muakogee on April 1 1898 and bad eipendnd tbereua large aunt of money iu purchasing aud improving lb aaid land and tba right of poeeiun thereof Tbat neither of thee plaintiff nor thair aaid father have at any tim bald any land in tbo Creek Nation io aicees of their proportionate abarrt of lb laoda of aaid uaiion "Tbat oo April 1 1819 when tbe Creek land ufllue opened at Muakogee tbe faitiar of tbea plaintiffi made application to lb Commission to tba Five Oivilissd Tribes lo (lis upon th iaod bkl by him for himself and lilt minor children all of whom were ciiiaeu of the Crk Nation but that ba wan re qustd by th "tk id charge of aaid land office to defer bit tiling uutil a Utter date in ordar that those uitisen of the Creek Nation tbo lived at a greater ilia unce from Muskege than ba did allotment of the plai a tiff Alfred Oar-rett and Cyril Geirstt bat that th taid plaintiff Alfred Uarrctt is now en titled to 01 upon 70 acres of laud and Money Loaned in Large and Small Auriuuu oo Long ana Short Time Office Room I 3 nd 4 Olu Hometead Building Muakogee Iavis Wthins LHJLSTEHERS AND CABINET MAKERS Alkmdiof Furuituie Repaired Carpet! Be wed and Laid 31a South Becond Street tba plaintiff Cyril Uarratt upon S7l8 acre of land to complete th allotment of which they ar entitled under the law governing tbe allotment of tbe laud of the Creek Nation Tbat th plaintiff Kdua Garrett is entitled to PHYSICIANS RlCKBECKKR tK 11ACKBUBCH aV PATTON Civil Keeieaaat sen auavavoaa otricas RoomslOJAlOG Old Homsstad Bldg MoaKuuas I City Hall Cuffeyvilla Kai Ponca City Ok Ter Municipal Engineering a epeoialty Plant and specification! furnished ioi water work sewerage electric light DR HC MONTAGUE elect 40 acres to complete ber allot OSTEOPATHIC" PHYSICIAN MUSKOGEE BLACKSMITH AND REPAIR SHOP North Mata street opposite Gloyd Luuilie Yard Shoeing acid repairing promptly at-Undid to 11 BI1UNKEV CO ment of th Creek land "That th plaintiff's taid father "of the government wbil In th of their duties to disposing of "tbs public laudi either by injunction "or maodamua Litchfield va Register and Receiver 8 Wall 675 Gainea ve Thompson 7 Id '147 Th Secretary va McOirrebeu 9 id 5J8 "Aftar tha United Stair baa parted "with it title and tba Individual has "become vested with it tbe equities "subject to which bold it way "forced but not before Johnon vl Tow! 13 id 79 Bhepley Cowan 91 UB Tba dsciaioo of th officer of the "land department made within tbe "aoope of their authority on questions "of thi kind ii in general onnoiuaive "every wkers sicept when considered "by way of appeal within that de pertinent aad that aa to ths fact on "which their decision is based in th "absence of fraud' or mistake tbat Is conclusive even ia courts of "justice whsn ths titles afterward "comes in question But jo thii clss "of cases aa in all others there siiati "in ths Oourta of equity tha jurisdiction "to correct mistake to Here against "frauds and Impositions and In cases "her it Ii clear that these officer "have by a mistake of tha law given to "one man the land which on th facta belonged to another to "give appropriate relief Moore ve Kobbine 90 510 515 Bhepley vs Cowan supra Johnson vi Towiley supra" As to th truth of the allegations of lbs bill no opinion Is i pressed Injunction is granted restraining the Indian Agent from placing tbe defendant Walcott in poeeeesion until aftar the hearing upon the bill Craituata of the American atnooi oi Charles Garrett is entitled to file plants ale railroads located All nieooathv Ktrkivilie Mo coniuu branches of surveying ret el careful nm and examination free Kootns upon 5 scies of laud to complete his al and prompt attention lotment and plaintiffs' sitter ksita Moor's Building on Second 'rt-Muikogee 1 T- (jarreu is entitled to Ola upon 15 acrea Da KThomisoh Da ttLMcMaAs to complete her allotment Tbat plaintiffs' aaid father has fivs children all of whom are oiiiseo uf th Creek Nation A COUH jun Am Sot CIVIL ENGINEER SAMUELS BOOT AND SHOE MAKER Repair Work Neatly Done Satisfaction Guaranteed Shop I40 South Second St lies Pbous 310 Kes Phone 317 THOMPSON McMEANS Physician and Surgwuis Officer- Room 17 Old Homestead Bldg i Muikogee Rooms 9 10 Old Homestead Bldg Phone 100 MAMMOTH INSTALLMENT HOUSE II SoorttxD Prop ATTORNEY8 AT LAW John Thomas Win Herri thomas Harrison ATTOKNEVB AT LAW I)H JACOBS UENT18T Main Street Muakogee I Room and 10 Turner Block 1 1 GEO KINDLE THE PAINTER Vitalised air ud for attracting teeth A McRAE Hoowa 7 aad 8 Papar-Hanging Sign-Writing Carriage Old Homeitd Buitaing mu Work City Bill roster South Main Street 'Phone 46 ATTORNEF-AT-LAW 0ics Cor Main Street and Okmulgee Av over Estes Drug Store and all minors and that baa alteady filed upon all the land in the Creek Nation in his posiesalon for hlmselfand them eicept this tract of laud in controversy herein and that only one member of said family to wit William II Garrett baa received hi full allotment and that there i do other land io posseaaioa of plaintiff' father upon which can select ths remainder of hit own and hi children's allotments "Tbat owing to the fact tbat the defendant Lulu Walcott fraudulently mislead plaintiff' father by ber repeated promiie to release ber filing npon aaid laud it ia now impoauble for plaintiff to receive allotment of lead at any place near their borne and ell of the de-slralde land of the Creek Nation wbi could have ben etlscted by these plaintiff! hat been taken by other citisena of taid nation 'That the United Btate Indiao Agent the defendant herein is about to remove plaintiff aod their aaid father from the said land ami to turn ovsr tbe poaaeaiioD of the same to the defendant and to deprive plaintiffi and their aaid father of tli said improvements and that If the posseseion of said laud should be delivered to the laid defendant Lulu Walcott neither thesa plaintiff nor their father would have any recourse DK8 WOODCOCK 4 REYNOLDS PHYBICIANS AND SURGEONS Culbensoti building HIYE OF MACCABEES CUMBERLEDUE ENGLISH PRESCRIPTION DRUGGISTS in- Organism! Munkoife by Mr Oftichours-to 12 a V- ul Phone lot Muskogee I Iah Ilti1-y of Tnlaa A hive ol Lady Maccabeee waa organised Friday at tba Odd Fellow ball by Mrs Lilab Lindsey ol Tulsa I 1'HUNK 381 Dr Woodcock's rettideuce phone 3JS Dr Reynolds' reiitlenca phone 307 1)11 OVERMYElt DENTIST JOSEPH SONDHEIMER DEALER IN HIDES FURS WOOL AND PECANS HUTCHINGS WEST PARKER ATTORNEY'S AT LAW Engliah Block Muakoge 1 iIUIon'e ATTORNEY -AT-LAW Oommwdal I aw Room I Old HouiciUad iiidg Th bive baa itarted out with much intereit manifested and the ladiee feel St Louii prices always paid Parent eioltant over iti organisation with sucb brilliant proapecta house established Muskogee 1871 Branch house Wagoner iHof South Second St The officers of the hive wart elected i foMow Pt Lady Lucy Bell ltOSTIC Spaulding Building Davis A GIHSON ATTORNEY AT LAW Special Agent Hlicktt DD A Ily Susie McKellop 1 it 11 brtiuitabie Lite Assurance society of tha United Btate "Strongest in th World" Muskogee I BON NELL A STICKEL DENTAL PAULOUS Room 2 and 3 English blcca PALACE MAHBEU SHOP No perspirstion goei with a havt 01 Lieut Ladv Harab Pope Lady Kecord Mary DeVinna Lady Finance Evah Lady Fannie Hmltb Burg cant Ella Lyon Mietreat at Arms-Frances Ida Miller Picket-Nettle Hugh Anna Carpenter Rootnt I and 1 First Natliwal Bank Building VV II TWINE ATTORNEY AT-LAW 00 South' Second Btreel A Church hair-cut at my place Com pressed cool air prevents it Antiseptics preclude the possibility of face or skin due tel Upstairs ovcrOiford Cafe is where I sm located A MtDONALD Ofllc nar DltS CALAIIAW liuvitjw PHYSICIANS AND SURGEONS Eiamlning HutchlngaJ SIMON GAVAQAN LUTHER YVAUD TONSORIAL ARTIST DRUGS SCHOOL BOOKS STA whatever aainet the aaid Lulu Walcott for the value of ths improvements oo saitl land or for use and occupation thereof That the said dsfnndant Lulu Walcott ia Inaolvsct and wholly unahle to respond in damagss and tbat th defendant Blair Hhoenfelt would not ba liable to the plaintiff on hi official bond for any damage resulting from his action in tbe premises "That the plaintiffs bave no remedy at law In the premises "The premises considered plaintiff pray that th defendant Lulu Walcott he decreed Xa hold the land herein men-ioned In trust for the plaintiff and tbat her deed to same be cancelled and bsld for naught and that tbe court enter a decree vetting tha title to aaid land in tbe plaintiffi And that tha defendant Lulu Walcott be compelled by decree of court to make a good aod luf-firient deed of conveyance to the plaintiffi conveying all of her right title and interest ia and to aaid lamia to thesa plaintiffs And that tha defendant Lulu Walcott and the defendant Hlair Rtxmii 1 aud Fntt National Batik Building wight die anil return to their home ami tbat he acceded to taid request bat that on the 4tb day of April 1HIW the aaid ((Oruroiesion ptrmiUrd defendnut Lulu Walcott who at aaid time resided lo th city of Muskogee to file upon all of aaid above described land for ber at-lot men and that at th aaid tim in support of ber application to file upon aaid land for her allotment the aaid Lulu Walcott fajeely and fraudulently stated to th Co in mission that aha aa th only citizen of th Creek Natiou ho owned any iinproTameuta upon tbe eaid land and tbat tbe laid Oommiation than an 1 ttiere permitted th said defendant to select aaid land fur bar allotment and Issued to ber a certificate showing said aeloction "Thetssvaial month slanted thereafter before th father of these plaintiff learned that the laid land bad bsen tiled upon by the laid defendant and that very ao after receiving information of aid filing he on Deremlmr SKI lHWit maxle application to bave aaid land allotted to plaintiff Alfred Oarratt and Cyril (trrett they being at that tim entitled to take all of gaid land a a part of their allotmenti but that the said application aadenied iiy the Com-mieeion and plaintiff's aaid father on May 21 1900 filed with the said Cora-m lesion a petition aaking leave to Inatl-tute a contest upon said filing of the defendant Lulu Walcott and in support of laid petition stated under oath to tbe said Commission all of ths facta hsrein aliened relative to his having beld possession of said land for th allotment bis minor children and that thereupon the said Commiision fraudulently and in violation of law and of the rule of pjactice provided for the government of the Commission to tbe Five Civilized Tribes In the matter of selecting allot-mentahy Creek citisem diauiieted tbe said petition and denied permiweion for plaintiff'! father to institute said con-teat for them "That thereafter tbe CommiMion lo the Five Civilised Tribes and tbs Department of tbs Interior having dscided tbat the aaid Commission bad been in error In holding that contest upon land rightfully in possession uf cilisens had to be instituted within Ml days from the data whan ths laid land was iilsd upon by other citisena and th said decision having been brought to the attention of plain'iffa' father he on April 1 lacBf filed with said Commission a complaint in corneal against the said filing of the defendant Lulu Walcott Hut that said (kimmiaaion tefueed to stitarUio the said contest and dismissed the same wlihout iitsuing summons hereon or permitting plaintiff' laid father to hsbr-anl iu support of said complaint "That thereafter eanl CouimiSHion certified to tbe Principal hief of the Creek Nation that Lulu Walrolt aas entit IhI to a deed to the land herein de-arribrd arid said priucipal rhinf iseued a deed in said Lulu Walooit therefor which said deed bat been approved by th Hecretary of th Interior and delivered to th defendant Lulu Walcott in fraud of tbe righla of these plaiutiff "That laid Lulu Walcott never placed say itnpiovemanla upon said land never bail any right of possession thereto and was not entitled to allot earns nor a deed therefor and that the issuance of a od tosaid Lain WairJf-yrr in vinia-lioo of law and a frauirrffffin Uia rights of lb ess plaintiff "That at varioua timet after ah filed upon said land and after her said Blmg ber ma knows to plaintiff" a father tba aaid Lulu vVeloolt stated to plaintiffs said father tbat bar Blieg apon said land bad beaa roads iaad venae Uy and fey saleta aad that ihs kad aot in-leaded ft rpoo aay kad la) poasit- ajm ffif sJd fJsieHffs amid fsraer aad it Masonic building and East Okmulgee TIONERY ANU ItWtLKV The Finest Soda Fountain in the Territory Main St Muskogee Avcnae connection with New York Steam Dye Work Satisfaction guarantees Whit Tha hive was named to honor of it organiser and will also attach th nam of tba tuwn to which it belong and of which every Muakogaean ie proud Any Lady Maccatiee who may be liding in the city will cordially welcomed and tba biva will glad to accept thair tranafer card and grant them full membership KINNEY A JACKSON KELTON BROTHERS GENERAL CONTRACTORS AND BUILDERS Prompt attention (riven Ia Ink w-n-L GENERAL REAL CHAHLES HEITZMAN PHYSICIAN AND SURGEON Houri: to10 aud to 4-Kvauings by appointment 'Phoneio4 Roonn Ij ami 14 Old Homestead Bldg ReiideucelH South Ninth St near Okmulgee avenue Telephyne wo KAHNEY A llAHKETT I KAKNEY WHBARRETT Olteopalhic Phyii an Oratas Mantle and Tile Coaomie I'avemenU and Preeecd Brick Mao tie ESTATE DEALERS Moore Block Muakogee 1 CAFES TM0MA3 A SANSON Jr Attorney abd Counselor at Law Hhoenfelt be enjoined and restrained OXFORD CAFE Lawn Nocial Th ladies of the Cumberland Prcaby-terian church will eerva ice cream and cake on tbe church lawn corner of treet and Broadway Friday evening Augiiat7 I'verylMidy i cordially invited Take your wife and family and spend tha day at Fall City A nice drive through the richest part of the Indian Territory Cool thade picturesque scenery good Ashing LEADING RESORT OF THE CITY Master in Chancery and Probate Comminioner from Interfering with th plaintiff' Meeeion of aaid land pending tha hearing of this causa and that upon a final hearing said injunction tie mad Calls aniwered dues let treated Over Bpauldiugi mo lit and lav All Suite II and 11 Old Homestead Bid JUDBON FAST Prop succesifullv Chronic rate a apectalty lierpetual And for ui other and further relief in the premitea as to tbs court may seem rquitanle and just" TAILOHS Eiammaiion and conaultation free Phone I84 express CO MU8K0GKE DRUG CO PURE DRUGS The motion ii for a temporary injunc tion until the final hearing of the cu CEASEK TAILOR Cleaning Dyeing and Repairing 9 Fin A lull similar to the present one was MONEY ORDERS Any Part of rhe Woild filed in this court at the preceding term and an Injunction suited (retraining (he gliih Block Muskogee I 11 Second Street Office North Smith Main St Muskogee I HUSKOKtE BOTTLING WOBKS Uawea Coiiimieeion and the governor of the Cretk Nation from delivering to de-fendant Waliotl a patent lo the above CITY DKUO CO SPECIAL LINES Ii COBB CO The Pioneer Druggists B'jiiiiei rttahliehed 1877 and we are 1I1II at the old stand 1'iest ription work specialty Everything 111 I huKgisti' Sundries Toilet Ann Ina and Kreth Drugt II COBB CO um Uvi Tel deeciitied premites Upon a consideration of the bill the application for an MUSKOGEC I KatablUhsd iw isonic Building Muakogee I TIN TERRiTOKIES THE LITER ARIES MAGAZINE oi th Territory MiiisOaa Lulls mam Pub 1 1 00 per year injunction was denied on the ground thst the court bad no right to interfere until the case had finally been diapoied Hiit GrailB- Carbonated Waters of by the land department the gov PAYNE General Engineering and Barveyor of TOWN81TE8 and ALLOTMENTS All work guaranteed Sr da Ofllc with Keeve Realty aV Mining Co Maskogs Iod Ter POBOX 311 PHONES the Will go round to-night PoatofflCw Box amily trade solicited and promptly attended to on short notice RING US UP Briajg tke LatUi aad tba Littt0a aad bave a tJaa IH155FL1 Mtr WIT MAKC ALL THAI Drop us at ca rd or phon 818 ernment Th deed ha now eeii delivered to the allottee and the (jaestion ia ought tha court at thi time to Interfere? If tbe allegations of th bill are true tbwr I abundant authority for holding tbat dafendant Walcott should ba decreed to bold tbe land in trait for plaintiff a in th case Th caee of Marques vs Fritbic 101 473 seems to be a caes in point: la tba coarse of tba opinion the court aye: aW bave repeatedly btU 4ba -Jbe Dray and Transfer Liae mil CESISTUI Prep All iiwfft m4 ttiz 1 1 imp Mrt4 Ike cllr Llowd rshs Fi tTJKs CONTRACTOR AND BUILDER NOTICE BUeaeei -le era (see ken wtUi eke at -tT Mfl mtgnma se aeral llwrr Estimates FVniiehad 00 ail class tawkwMofarshMeivMef St Lewie Swaerent rewihuinrisi aracUtrsstwra aflt la Uwt AM awrttse aattrtag light and heavy banling Ilwojwbold roods aaovwd wrtak car aed dtepakh Itutldlefi Cgg UTEST BASK Jtttn stj' ay.