The McAlester Capital from McAlester, Oklahoma • 6

I THE SOUTH CAPITAL, THURSDAY, NONEMBER 12. 1903 i f'i WEEKLY CAPITAL HIE CITIZENSHIP COURT WILL StAIID ASTONISHING COMPARISONS. The Indian Territory Sized Up Against Other States and Territories for Statehood. 1. HINDS, Proprietor.

V. M. BUSSKIX, Editor. OF TERMS OH Ir 1 Hi Months 1.00 60o Foster. paid to all parts of the United latee, Canada and Mexico.

Liberal com Capital Special. Washington, D. Nov. 9. The Supreme Court of United States today handed down a decision In the Important Jolnes case, which was In reality a test of the validity of the Choctaw-Chickasaw Citizenship Court Under the caption of U.

S. Jolnes et. at ex. parte, the citizenship attorneys of Indian Territory who were effected by the sweeping test case decided last winter, combined their Interests and sought to secure a writ of prohibition against the Citizenship Court It was denied. Mission paid to agents.

Persons desiring their address changed changed should give tbelr old address as veil as their new. Entered In the postoffloe at 8outb McAl-ester as second olass mall matter. Give nature three helps, and nearly every case of consumption will recoyer. Fresh air, most important of all. Cherry Pectoral Nourishing food comes next.

Then, a medicine to control the cough and heal the lungs. any good doctor. I first used A7er Cherry Pectoral 53 veara ago. I have seen terrible cases of tune diseases cured by it I Bin never without it." Albert U. Hamilton, Marietta, Ohio.

THURSDAY, NOV. 12, 1903. O. ATER I nv ell. 1 All drmreistR for Laws that are made to be merely winked at are out of place on the statute books.1 Under the law creating the Citizenship court all these applicants could transfer their cases to the Citizenship court for re-hearing.

The cases knocked out by the Citizenship court decision were transferred and are now on the Citizenship court docket for trial. Then came the next step by the citizenship attorneys. They went to the Supreme Court and sought to secure a writ of prohibition to prevent the Citizenship court from trying their cases. They contend that the law creating the citizenship court was unconstitutional that final judgments of the federal courts gave them vested rights which could not be interfered with by subsequently created courts; that the test suit (Riddle case) should not effect alt. cases in the same class.

A rule was granted by the Supreme Court on the Citizenship Court to show cause why the petition should not be granted. It was made returnable and on October 19 the Citizenship court responded and all questions were argued both orally and by briefs. G. A. Mansfield, of this city represented the Nations in the defense of the Citizenship Court.

He was assisted by the, Solicitor General of the Department of Justice. C. L. Herbert, of Ardmore represented the court claimants attorneys. The case involves 3,500 persons and estates worth approximately fifteen to twenty million dollars.

It Is presumed that the Citizenship Court will now hand down decisions in cases heard. Consumption Health demands daily action of the bowels. Aid nature with Ayer's Pills. Miss Ethel D. Hinds went to Oklahoma City yesterday to visit her broth' ers for a few da' s.

-f ductive soil, four-fifths of which may be profitably farmed. Two-fifths have never been touched by tbe plow. Wheat, oats corn and cotton and most any product of the soil may be grown here Crop failures are unknown. The history of this litigation in brief is as follows: Of the several hundred citizenship applications rejected by the Dawes Commission under the act of June 10, 1896, those invollved in the case above mentioned, some 247 people in all took an appeal to the United States Courts in the Central and Southern Districts where they were admitted to citizenship. The Nations protesting against these decisions finally secured an act by congress creating a tribunal to pass on these cases anew.

In the famous Riddle test case last winter the Citizenship Court knocked out all of those admitted by the federal courts on points of law, holding that the federal courts rendered service on one nation only when the Choctaws and Chlckasaws hold their land In common; because there was new testimony permitted in the federal courts, other than that used In the Dawes Com mission hearing. This time the revolution In Panama is one that is likely to bear fruit which when ripe will be the Panama canal with your Uncle Samuel as proprietor. C. E. FOLEY.

The result of the territorial convention Thursday was, we believe, the wisest istep taken by the people of Indian Terltory in all the varied attempts to secure congressional recognition. Mr. Foley was clearly the choice of the convention. It was but a demonstration of approval of the man and bis unimpeachable record. The fact that he has never been a politician, nevera candidate and only permitted his name to be used before the convention when his friends had secured the endorsements of the Indian governments, a Request which was granted because the Indians had the same confidence in the man as the non-citizens had at the convention yesterday; was a forcible argument In his favor.

Mr. Foley asked for the Indian support because he wanted to carry with him to Washington the backing of a strong element in the territory an element which "has long been disregarded by the white men, who have bombarded congress with lobbies and memorials for years past, andwithout avail. He recognized, as all fair minded men recognize, that the Indian is a power in Washington when territorial matters are at stake, and with their endorsement, their active support, be would be able to tell congress that It was not a non-citizen move, but a fight In which the Indian recognized that the passage of an act giving Indian Terltory a delegate, would be to the mutual Interests of all. In this contention Mr. Foley was right.

His election puts a new phase to Indian Territory campaigns for recognition. There was never a grander oportun-lty for this country to secure relief than tbe present. With the words of encouragements extended by the Hearst excursion of congressmen; with the advice of Congressman Curtis of the committee on Indian affairs; all favorable to some legislation for Indian Territory at once, with the tribal affairs as an obstruction in the path of Immediate statehood, the demand of the hour Is for a volco in congress to speak for, Indian Territory, to say to the prejudiced east and the political north: "your estimation of Indian Territory, her 500,000 people and her great resources, borders on gross Ignorance and repudiation of one of the strongest principles of our republic representation." To Mr. Foley all Indian Territory should rally. It Js the hour to work; not to lie down and expect one man to accomplish everything.

Let us back him up with our moral support and make the best of a golden opportunity. SUNDAY CLOSING CASES. It is reported from Tulsa that a nine foot vein of coal has been struck at a depth of 1000 feet. The same drill had already disclosed oil and gas. Mayor Keller Will Hear Charge Against Morgan Tua Tuesday Afternoon.

The gunboat Nashville which fired the first shot of the Spanish war has reached Colon and if necessary will take a hand in settling matters on the lsthmui. All stores with a few exceptions, were closed tightly in South McAIester Sunday. The meat markets and drug stores were temporarily out of business. Morgan Tua, confectioners, were open for business r.s usual. Their case was reported1 to Mayor Keller today by Chief of Police Collier.

The mayor said tbe papers would be issued tomorrow and the trial held before him at 2 p. m. Tuesday. WATER CONTROL There are more elegant residences now in South McAletsre than in any other city or town in the southwest. This city is rapidly becoming a city of beautiful homes.

CITY COUNCILPASSESORDINANCE CREATING WATER COMMISSION. A company has been formed at Po-teau to bore for oil and gas. They already have everything else that nature could bestow and now they propose to lift yet other riches. TO BE NAMED BY CITY COUNCIL The Indian Territory is the only considerable of the country perhaps in the civilized world where liquors are not sold. It is the wish cf the i Indian citizen that it remain so.

1 This stipulation is made in the belief that the tribal governments so modified will prove so satisfactory that there will be no need or desire for further change until the lands now occupied by the five civilized tribes shall, In the, opinion of congress, be prepared for admission as a state to the Union. The act of congress, June 30, 1S98, commonly called the Curtis Act, after providing that the tribal governments as modified by that instrument, should continue until March 4, 1906, says: In area the Indian Territory is: Twenty-nine times as large as Rhode Island. Sixteen times as large as De'awaie. Six times as large as Connecticut. Four times as large as New Jersey.

Almost four tunes as hi'ge as Massachusetts. Three times as large as New Hampshire. Three times as large as Vermont. Three times as large as Maryland. Indian Territory has 6000 square miles more than West Virginia, 1,500 square miles more than Maine, 1,200 square miles more than South Carolina, is practically the Size of Indiana, and is four fifths the size of either Ohio, Kentucky, Virginia or Tennessee.

The Choctaw Nation alone is larger than either Rhode Island, Delaware, Connecticut, New Jersey, Massachusetts, New Hampshire, Vermont or Maryland. According to the census of 1900 the population of Inian Territory was 392,060, which exceeded the population of 8 states and five territories, namely: Nine times that of Nevada. Six times that of Alaska. Fouv times that of Wyoming. Three tlraef that of Arizona.

Two times that of Hawaii Territory. Two times that of Idaho. Two times that of Delaware. Two times that of New Mexico. Indian Territory has a population of 148,000 more than 113,000 more than District of Columbia.

115.000 more than Utah. 72.000 more than North Dakota. The population of Indian Territory in 1900 was greater than that of Nevada, Idaho, Wyoming and Alaska combined. Since the last census emigration to Indian Territory has been enormous, and it is safe to say that the present population exceeds that of eith er Oklahoma, Oregon, Rhode Island, South Dakota, Washington, Colorado, Florida or New Hampshire. The Indian Territory Is capable of sustaining ten times the present population.

In natural resources it is not surpass ed by any state in the union. Oil and natural gas have been developed in each of the five nations, but on account of the holding of lands in common have not been operated, same conditions obtains with referenec to lead, zinc. Iron and other minerals. Reports of The coal and alsphalt deposits of the Indian Territory are superior to those of any state In the southwest. The coal industry Is but in Its infancy; and yet the annual report of the United States mine inspector for the year ended June 30.

1903. will show that during that year more than three million coal were mined in the Choc-ta- Nation alone. In each of the clher nations extensive fields of coal which are being rapidly being developed and operated. The Indian Territory has most pro- THREE MEMBERS WILL BE SELECTED TO HAVE CONTROL OF SYSTEM. The next good big public improvement should be the paving of Choctaw avenue from cellar to garrett and the present city council is eminently fitted to undertake the job and complete it Cotton Very Short.

Fletch Arnold who is authority on Jetton, came in from a trip over the territories and Arkansas, to spend Sun Jday with his family. Regarding the cotton crop Mr. -Arnold said today: The entire cotton crop this year will i not be more than 9 million bales against 11 million bales last year. There is keen disappointment all over the cotton states as to the output. The price will go sky high from now on.

Today 10 cent cotton is common. Mr. Arnold is connected with the American Cotton Company and each season travels all over the southwest. He is considered authority on the fleecy staple. i 9 "S1 commissioners by the council and not by remaining members of the commission as was originally stated In the ordinance.

In brief the ordinance creates a commission composed of three members to be appointed by the council. One will serve for year, one for two pears and and one for three years. They will draw lots to decide the terms. The members who gets the three year term will be president of the commission. He will receive a salary of $5 for every monthly meeting of tbe commission, which will be the first Monday in each month.

The other two members will receive $3 per meeting as compensation. The commission will have charge of the waterworks and sewerage, select the superintendent, clerk and other employes and make monthly reports to the council. In fact the waterworks will be taken completely off the hands of the council. At the expiration of the terms of the commissioners the council will select their successors for a term of five years. The Council has supervisory control as to the number of employes in the water department and the salaries paid.

The ordinance as passed will appear in the Capital Thursday in its official form. The Council then adjourned to met Saturday night when the appointment of fire department employes and chief will be taken up. Applications for positions are now being filed. new Frisco depot at Ft Smith, is one of the handsomest structures in the southwest. The Katy and Choctaw officials should go and take a look at it and see what the Frisco does for a live town.

About that time the country concedes that Mark Hanna will be a thorn in Roosevelts flesh, Marcus is fixed and a declination is made. The figures and statistics given elsewhere regarding the relative size and importance of the Indian Territory are taken from the census reports and other reliable data and are absolutely correct. It appears that Curtis will not land the chairmanship of the committee on Indian affairs, for Sherman, of New York, Is slated to succeed himself. The landslide In New York and the big democratic gains all over the country where elections were held Tuesday will give the republicans something Berlous to think about for some time tq come. There are no bricks being hurled at C.

E. Foley by the territorial press for the reason that the entire territory en-doises the action of the South McAIester convention. Good Signs for Revival. Those present at the Bowman revival last evening will not soon forget the service. Perhaps a more enthusiastic service was never held In the church.

One couldl not help but tbinl- at time3 of the old time Methodist services such as converted Chas. Spu -i eon the Great Baptist divine of L- don or Bishop Steward, the Eplsco't dian and other gre of eloqii''Cce who have gone r-- Jo the wori 1 good1. Rev. a. Wright, while a young man in appearance has an earnest win-, ning delivery and a wealth of spiritual power which will doubtless bring great results In South McAIester.

Helpers In the music were Paul Jones, Bull, Mrs. Bevitt, Miss Josle Crow, Msr. Talmage. Under, the leading of those voices the congregation sang with a vim and spirit which was a delght. New sngers are expected tonight.

So great a spirit of earnestness was aroused that a three oclock meeting was announced for today and in addition to the 7:30 meeting. CHEROKEE LAND VALUES. It Is highly probable that a bill will be introduced in the coming congress which will give the president the power to regulate the price of coal in Indian Territory when the 450,000 acres of segregated coal lands are sold. Mr. Foley will soon let Washington know that Indian Territory can get together for once Indians and noncitizens as well as those who have marked views on political and statehood Information contained In the Commission.

Council Retains Supervision of Number of Employes and Salaries Commission Will Name Superintendent and Clerk. The regular monthly meeting of the City Council brought out a large crowd of spectators last night, probably because it was rumored that a Sunday closing ordinance would be presente 1. The Sunday law was not even discussed and no sight of the prepared ordinance was given! to the curious. All members of the Council were present except Mr. Harrison, who came in just before adjournment.

The report of the Police Judge and Chief of Police showed but $368.25 collected during the past month. A communication from the Katy railroad was read bearing on water rates. Application was made some time ago for prices on water based on estimated roquirments of 60,000 to 100,000 gallons per day. The city offered at rate of 10 cents per thousand on such quantity. The letter read last night declined the offer and stated that every town cn their system made them a rate of not exceeding 8 cents per thousand gallons.

The matter was not disposed of. The awning In front of the Zike harness establishment was condemned and ordered removed. Mr. Genung asked about tbe proposed fencing of the waterworks reservoir and Chairman Gordon of the committee in charge of that matter, reported that a proper fence would cost $2,000 and there was no fund available. It was decided to dispose of the surplus cord wood cut from the watershed and proceeds to a fence fund.

The wood which has been removed to tbe power house will not be sold. A stone crossing was ordered laid from the Haynes block to the depot. Street lights will be located on Choctaw avenue in front of the ice plant and at Sixth street croslng- over the Choctaw railroad yards. The mayor was authorized to Issue a proclamation agalns? the use of rubber balls and all other stuff usually tbiown at carnivals, excepting clean confetti. Upon motion of Alderman Karris the water mains were ordered extended to the cotton compress, one block from the established line of mains.

Water Commission. The Council took up the water commission ordinance. Section by section was read and discussed. But few amendments were made, however, the Some one has suggested that Kirby Purdom, late of the Tishomingo wrecked bank, is In the new republic Panama and will be a formable Since the recent wholesale Indictment of Fort Smith liquor dealers by the Muskogee grand Jury they have taken their salesmen oft the Indian Ter ritory roads and the disguised Jug trade has fallen off so that the expressmen have hardly anything to do. for secretary of the treas- candidate ury.

The decision of the United States Supreme Court yesterday on the Jolnes case was not a surprise locally. It had been predicted. As the new mayor of Greater New York, McClelland, will not be a strange name when the National Democratic Convention convenes. He Is mentioned as a running mate for Gorman, Maryland. Help Delegate Foley by starting a campaign for a delegate to congress If every man will bring pressure to bear on his former congressman In the states, Mr.

Foley will not have the stones In his pathway that will hinder him If the people lie down on their fight for recognition. Vinitp, Nov. 9. From the reports of the Cherokee officers and Commission to the five civilized tribes the following Important information relative to the land values in the Cherokee Nation has bene gathered: There is sub ject to allotment in the Cherokee Nation 4,420,070.13 acres of land. This land has been classified and its appraised value is $13,133,000.

The per capita share now being allotted is worth of this land to each citizen. The report of the attorneys for the nation before the Dawes Commission estimates that there will be citizens when the final roll is completed. When the present allotment Is completed, if the Cherokees win the Delaware suit, which will bo submitted In the Supreme Court of the- United States the 30th there will be a surplus of land due each citizen of $2.72, from which must be deducted 6ome reservations. South McAIester republicans will scrap December 5. for a postmaster.

It may yet turn out to be a ring vs ring battle. There can be no denial of the fact that local republicans are somewhat divided on the eternal fitness of things under the Clayton regimes rule and If sufficient strength can be mustered there may be preliminary sklrm ish over the postmastership. The Saturday night whist club is again a fixture on the social calender and the old devotees are in clover once more. The club membership Is now twenty, there being Eome new additions this season. Saturday night the club passed a very pleasant evening with Mr.

and Mrs. W. Hayes Fuller at their cozy home on Adams and Seyad. Next Saturday night Dr. and Mrs.

Graves will entertain. Signs of Polluted Blood. There is nothing so repulsive looking and disgusting as an old sore. You worry over it till the brain grows weary and work with it until the patience is exhausted, and the very sight of the old festering, sickly looking place makes you irritable, despondent and desperate. A chronic sore is the very best evidence that your blood is in an unhealthy and impoverished condition, that your constitution is breaking down under the effects of some serious disorder.

The taking of strong medicines, like mercury or potash, will sometimes so pollute and vitiate the blood and impair the general system that the merest scratch or bruise results in obstinate non-healing sores of the most offensive character. Often an inherited taint breaks out in frightful eating sores npon the limbs or face in old age or middle life. Whenever a sore refuses to heal the blood is always at fault, and, while antiseptic washes, salves, soaps and powders can do much to keep down the inflammation and cleanse the sore, it will never heal permanently till the blood itself has been purified and the deadly genus and poisons destroyed, and with S. S. S.

this can be accomplished the polluted blood is purified and invigorated, and when rich, pure blood is again circulating freely throughout the body the flesh around the old sore begins to take on a natural color, the discharge of matter ceases' and the place heal3 ovefl S. S. S. is both a blood purifier and tonic that puts your blood in order and at the same time tones up the system and builds up the general health. If you have a chronic sore write us.

No charge for medical advice. THE SWIFT SPECIFIC ATLANTA, GA. Delegate McGuire, of Oklahoma, has taken a very sensible view of hts contest for statehood. He is now in Wash ington with a bill providing for tbe admission of Oklahoma alone. Most emphatically does he decline to enter into any entangling alliances with the delegates from New Mexico end Arizona and consent to an omnibus bill.

Oklahoma was never in better trim for securing statehood alone than at pres ent Her admission will be a grand tfcng-to both Ind'nn Terri ary aid The Dally Capital serial story is attracting attention already. Its first Installment appeared last night Abner Daniel is not a trashy novel secured at a cut rate because it has no book value, but Is a clean. Interesting and popular work by a well known American writer. When the Installments are complete Daily Capital readers will most important being the advisory power retained by the council and the bare secured the benefit of a first class election cf members to the board cf v. erk without one cents extra coit In Commissioners Court In Commissioner "Wright's court this morning.

Dr. F. M. Bryan, of Calvin, was bound over on the charge of introducing and gave a $1,000 bond. R.

B. Hogan, arraigned on peace bond, was discharged. It may be that matches are made only in heaven, because the fire netcr ges cat in the other place..