Fort Worth Daily Gazette. (Fort Worth, Tex.), Vol. 13, No. 232, Ed. 1, Wednesday, February 20, 1889

S 5
Discussion of the Bill to Establish a
QpvLrpm the Indian Territory
Speeclies of Senatora Coke andEeagan Ad
> nmtajes of the House Bill Overthe
Senate Bill Clearly Stated
Correspondence of the Gazette
Washington Feb 15 The bill pro
riding for the establishment of a United
State3 court in Indian Territory gave rise
to ponsiderable debate last week and
several interesting speeches were made
by the Southern senators among them
Senator Coke and Senator Reagan ywhose
remarks are here quoted in full The dif-
ference between the house and senate bill
was well stated by Senator Vest who
Mr President on February 1188S by
direction of the committee on the judi-
ciary I reported senate bill 270 calen-
dar Xo 203 which provides for the es-
tablishment of a United States court in
j the Indian Territory ac the town of Musr
i kogee with jurisdiction over all
criminal matters within that territory
and with ample provision for allthe ma-
chinery of a United Stents court
Pending the consideration of that bill
after it was put upon the calendar the
house of representatives passed and sent
to us house bill 1874 which provides also
for the establishment of a United States
court in the Indian territory but with a
limited jurisdiction much less than that
provided in senate bill 270 and which
provides also that certain counties in the
state of Texas shall become a portion of
this judicial district these counties being
specified Jn the bill
To that bill house bill 1874 the sena-
tor from Arkansas Mr Jones proposes
an amendment which is also pending
That amendment establishes a court
in the Indian Territory annexes
certain counties in the state of Texas to
that court and enlarges the criminal
jurisdiction of the court extending it to
a number of crimes and felonies which
are not now punishable in the Indian
This is a brief outline of the condition
of the bills at the present time The
committee on the judiciary reported back-
house bill 1S74 with the senate bill as an
amendment striking out all of the house
bill and substituting in lieu thereof the
senate bill which was read yesterday
Said Senator Reagan Mr President
the amount ot business which is trans-
acted and intended to be transacted at
Fort Smith is such as to show the neces-
sity of a division of the business which is
returnable at that court The cost to
litigants in going a great distance to
reach the court in civil cases the cost to
the government and to defendants in go-
ing so great a distance to attend trials
the expense entailed by the bringing of
witnesses and parties to trial are so great
as to show the necessity of a transfer of a-
part of this business to another court
The question recurs where is that
jurisdiction jto be located and how ar-
ranged The senate judiciary commit-
tee s bill proposes to establish a court in
the Indian Territory with very large
jurisdiction It raises the question as to
whether we can safely expeot that juries
can be empaneled and trials be had in-
telligently and fairly in such a court
The bill as passedby the house pro-
poses to divide this jurisdiction by at-
taching a part of the Choctaw country to
the eastern district of Texas and provid-
ing for a court at Paris on the immedi-
ate border of that country It proposes
to take another part of the Territory the
western part the part of the Chickasaw
country and attach it to the northern
district of Texas with a court to be held
at Denison immediately on the border
A railroad passes through the Choctaw
country to Paris and a railroad passes
through the Chickasaw country to Den
ison so that communication is easy
This would leave the eastern part of
the Territory with its business return-
able to Fort Smith to be disposed of as
row The southern part of the Territory
would have its business returnable to
Paris immediately on the border The
southwestern part of the Territory would
have its business returnable to Denison
immediately on the border This would
accommodate the business that is re-
quired to be accommodated greatly re-
ducing the costjof the conveyance of wit-
nesses and parties to these several courts
greatly reducing the cost of litigation
both to the government and to ordinary
litigants and preserving the place of
trial where there would be no doubt
about the obtaining of intelligent juries
It would save the expense of a new
judge of a new marshal of a new clerk
However the latter is mostly a matter of
fees but it would save the expense of a-
new judicial district accommodating the
litigation in districts now m existence
without additional cost to the
ment reducing the cost of
prisoners to the place of trial reducing
the cost of parties attending the place of
trial and placing these people within
reasonable and convenient distance of
the place at which trials are to be had and
avoiding the danger of conferring juris-
diction on a court wholly within the Ter-
ritory as is proposed by the senate sub-
stitute among a people not deemed so
far capable of selfgovernment as to be
even under a territorial form of govarn
ment 1
It is suggested that to organizo a court
within the Indian Territory will hare its
educational advantages and moral influ-
ence by showing to those people how
justice is admiuistered the agencies by
which it is administered and give them
the benoflt of witnessing trials in the Terri-
tory Of course all this is very desirable
I recognize that the trials at nisi prius
are great instrumentalities of education
among the people of this country and
Great Britain but Mr President be-
fore wo enter upon that experiment it
ought to bo with a people that are at
least capable of being organized into a
territorial form of government
Those familiar with that country know
that there are some very intelligent
people mixed bloods mainly in these
nations The great body of them how-
ever are pure bloods and out of the
pure bloods I suppose it would be almost
impossible to find a single man qualified
with intelligence to perform the duties of
a juryman It would be almost im-
possible to find one that could speak the
English language or understand it when
spoken I see that these bills contem-
plate that the proceedings of the court
shall be in the English language Among
the fullblood Indians this would be all a
dull mummery They would have no
conception of what was going on unless
ail interpreter was emnloved to make
known to them what was beiug done
Solt seems to me it is too great a risk
on a speculative idea of educating these
people into n capacity for selfgovern
ment to establish a court within the Ter-
ritory and besides consider the location
of the court at Fort Smith the one at
Paris and the one at Denison and then
take tuoloeation at the place where it is
proposed to locatea court in the Terri-
tory and the people are as near to these
several jurisdictions as they would be to
that particular jurisdiction So then
in point of convenience to litigants in
point of saving expense the house bill
has an advantage over the senate bid and-
over the bill presented by the senator
from Arkansas Mr Jones
I thought leaving out the speculative
questions that arise in this case I would
call attention to these practical facts In
the first place the necessity of anew
jurisdiction there in the second place
the danger of locating a court among
such people to be administered by the aid
of jurymen who neither understand our
laws our language or our customs and
in the next place the relief which the
house bill would give to litigautsand to
the government in the savinjiOf expense
and travel and the placing of the courts
sufficiently convenient to these several
For these reasons I trust that the sen-
ate substitute may not be adopted for the
house bill
Senator Coke said Mr President the
argumeuts of the senator from Arkansas
in my judgment are conclusive as to the
expedieucy and impolicy of establishing
the court in the Indian Territory in ac-
cordance with theprovisions of the senate
substitute for the house bill The crowd-
ed condition of the court at Fort Smith
the great number of prisoners there the
inability of the court to do the business
that goes into it from the Indian Terri-
tory Show with equal conclusiveness that
some sort of relief is demanded
In my judgment the bill as passed by
the house of representatives whicli di-
vides the jurisdiction of the Indian Ter-
ritory between Fort Smith on one sido
and Denison and Paris Tex on the
other meets exactly the requirements of
the case The mileage for witnesses and
for officers traveling over the Indian
Territory from near the Texas borders to
Fort Smith is immense The expense is
very great The division proposed by the
bill as passed by the house giving juris-
diction from a certain line in the Indian
Territory to Denison and from a certain
other line to Paris Tex and giving the
remainder of the jurisdiction to Fort
Smith will not increase the expense in
any respect but will decrease very greatly
the immense distances that have to be
traveled now by officers and witnesses
and parties in attending the Fort Smith
I believe with the Senator from Arkan-
sas that the court should not now be
established in the Indian territory I do
not believe that a coart should be estab-
lished there with powers to adjudicate
the rights of white people until that ter-
ritory has erected over it a territorial
government and is more directly under
the laws and customs of the government
of the United States in its judicial pro-
ceedings than it would be with the court
established as proposed by the senate
substitute for the house bill 1 believe
it will be a matter of regret if the sub-
stitute is adopted that it was ever done
Those people are not in a condition for
such a court The rights of the people
of the United States which exist now or
may hereafter exist in that territory and
be litigated should not be submitted to
such a jurisdiction
If those people are fit now for the ex-
ercise of that sort of jurisdiction it is
time that they were prepared for the ex-
ercise of it by the erection of a Territo-
rial government over them Until that
is done they should not be entrusted with
any such jurisdiction and the great dis-
tance of Fort Smith from a large portion
of that Territory suggests that the juris-
diction should be divided between that
court and courts in Texas near to the In-
dian Territory border as provided in the
house bill
The bill prepared in the house with great
care and passed there which is here for
consideration now and for which the
senate committee has offered a substitute
is in my judgment the best solution of
the whole question I therefore shall
vote for the bill as passed by the house
and against the substitute of the senate
Seal of Xorth Carolina Plug Cut
Smoking Tobacco is absolutely pure
As good as any in the state and money
returned if not satisfied
A Stkrt Gun Dealer
3 ° W = t g g 4 < WIHOM J wn > lg
> fMAx nfra i in r rfrjgifr ff
An Organization of 500 Farmers Formed to
Punish Horso Thieves in Nebraska
OJLYHA 2seb Feb 19 For some-
time past the farmers of Paha county
Xob have been losing horses and cat-
tle Men living in the country were sus-
pected and a large organization to num-
ber 500 was formed for the purpose of
punishing the guilty parties A man
named C M Clay was waited on and
taken in charge by the committee His
friends obtained a writ of habeas
corpus from the presiding judge in
a neighboring county but the sheriff
refused to serve writ and the judge
telegraphed Governor Thayer for militia
The governor however refused holding
that the judge had no authority to act
Another of the supposed thieves a man
named Stewart rode out of SpringYiew
was arrested Thursday night and on Sat-
urday morning his horse returned with-
out the rider and Stewart has not been
seen since Twenty men have been no-
tified to leave Keya Paha county within
the next twentyfour hours It is feared
Clay and others will be lynched before
the leaders of the committee can be se-
Aileicc to brothers
Mrs Winslows Soothing Syrup for children
teething soothes the child softens the gams
allays pain cures wind colic and is the best
remedy for diarrhoea 25 cents a bottle
A ITrcncli Invocation
San Francisco Cai Feb 19 The
Schooner Tahita arriving here from Ta-
hiti brings word that the greatest ex-
citement prevails there in consequence of
news brought of the trouble at Samoa
They were frigntened by the operations
of the French towards Bolabola Muf
heno and Eoleta which form
the leeward islands of the So-
ciety group The French authori-
ties have expressed their intention of
taking possession of these islands but
have been met with a most determined
oppositidn on the part of the natives
The lower part of the principal island is
occupied by the French but the natives
are beyond their reach having retired to
the mountain fastnesses When an op-
portunity offers they descend and harass
their opponents and there seems to be-
little probability of their being brought
into a state of subjection for some time
Get a copy of the coming popular
waltzes Gitana and Lovely pisher
Maid eli both played during the Lot
ta engagement Halt Heckle
El Pnso
rape vines Fort Worth
to fri fe P
Interest Grows in the Calm Trial as it is
Given to the Jury
Suits Piled A ITesguIte Merchant Slakes
Assignment Brought from Memphis to
Answer for Forgery
rS T
5 5 j
isntstoettUsanei ir > sss
Special to the Gazette
Dallas Tex Feb 19 The
court room has been filled all day
by crowds of people listening to the argu-
ment in the Cahn case This case has
furnished the best display of oratorical
fireworks of the term County Attorney
Williams opened this morning for the
state and was followed by Col Thomp-
son EXCounty Attorney Clint tor the
defense occupied all the afternoon At
the conclusion of Mr Clints
the court took a recess until to
morning at 9 o clock when Maj
Kearby for the state will close the case
It is probable that the case will get to the
jury by midnight The issue is extremely
doubtful for two rensons A petit jury
is to pass upon the case and the evidence
is extremely vague and conflicting
Mr Charles II Earnest a well known
citizen of Colorado City was in Dallas
today He reports that the acreage of
farm products this year will be four times
as great as it was in 1S88 and a feeling
of hopefulness permeates every industry
of the West Immigration is pouring
into the country and especially in that
seotiou through which the Fort Worth
and Albuquerque must run to reach its
final destination In speaking of the
Spring Palace Mr Earnest pronounced
it a grand enterprise and that it was a
universal topic in the West He thinks
that nearly every county in the West will
be represented
jSlchols Shepard Co filed suit
against the Farmers alliaucg exchange
of Texas and CharlesE Brown of Dallas
The suit is based on a contract made be-
tween plaintiffs and defendant Brown
inwhich the latter was to sell on commis-
sion certain machinery fixtures Brown
sold out to the alliance which undertook
to carry out the contract j succeeded in
selling some ot the fixtures and returned
the balance but the plaintiffs allege
after deducting commission there is yet
due them 24145 for the recovery of
which they bring suit
In district court Charles Heiser of
Baltimore Md instituted attachment
proceedings against Hunstable Moore
for the sum of 137427
In the same court Thomas Morris and
Minnie Morris entered proceedings
against Lizzie B Morris in whom is
invested title to valuable property The
defeudant is the twelveyearold daugh-
ter of the plaintiffs and the title to the
laud was bestowed upon her parents as-
a gift The property has grown from
the valne of S140 which they paid for it
in 1875 to 5000 and they desire to sell
and reinvest but are powerless to dispose
of it as the title > now stands They ask
that citation be served upon the defend-
ant and that a guardian be appointed to
represent her and that the title to the
property involved be divested out of the
defeudant and invested ia the plaintiffs
Capt SJ Adams died athis residence
in this city this morning alter a brief ill-
ness of paralysis Capt Adams was one
of the first settlers of Dallas having
come here when the city was a hamlet
He was at one time a member of the
banking firm of Adams Leonard which
was so well known several years ago The
funeral will take place tomorrow and a
number of friends and relatives from
Hearne will be present
I D Browder a merchant doing a
general business at Mesquite made an
assignment this morning for the benefit
of his creditors J E llussell was
named as assignee Mr Browders as-
sets aro placed at 3092 GO and his lia-
bilities at 252458 divided among the
following creditors
Wallace Wagganer 1750 00
Babcock Foot Brown 20 00
Doolittle Mahana GO 50
Boren Davidson Stewart 87 00
SangcrBros 9 20
Armstrong Co 25 00
Mrs T Lemmon 100 00
Tally Timmons 22 00
WatersPierce oil company 8 00
M D Garlington Co 22 10
W H Howell Bro 170 00
Dallas grocery company 7i 00
EmpireMilis 73 00
Sheriff Lewis returned last night from
Memphis having in charge Willis Adams
a former resident of Dallas arrested in
that city and returned on a requisition
Adams is charged with forgery and four
indictments were found against him by
the grand jury It is alleged that he
ordered goods from several JSew Orleans
houses through the name of Joe Motley
Co a former Dallas firm On the ar-
rival of the eroods he would receipt for
them in the uamo of Motley Co and
reship them to himself at Texarkana
where he disposed of them
The Dallas manufacturers held a meet-
ing last evening to discuss the feasibility
of organizing a manufacturers associa-
tion The diseussion elicited a sentiment
favorable to such a course and a com-
mittee on bylaws and constitution was
appointed and an adjournment taken
until next Monday
Dallas lodge ISTo 70 Knights of
Pythias will give a srand ball and
banquet at the T M H A next Thurs-
day evening The Dallas office of The
Gazette acknowledges th e receipt of an
invitation to be present
F B Blount of Colorado City is in
Mr H B Sanborn of Houston is at
the Windsor
Doak Good of Colorado City spent the
day in Dallas
Dr R C Buckner has purchased
eightynine acres of land eight miles east
of Dallas upon which will be located
the new orphan home Price S4450
W L Sondheim of Galveston is spend-
ing several days in the city
The Catholic bazaar for the benefit of
the Catholic orphanage begins next
Monday and will last a week
R J Duncan and J M ONeill of
Fort Worth were in the city today
Dan W Barnett of the cattle firm of
Mclntyre Barnett arrived in Dallas
today enroute to his rauch in Tom
Green county He has been spending
several months at his old home in
Petitions addressed to Senator Kim
brough are being circulated asking him
to vote against the railroad commission
bill >
billH W Graber of Dallas is in thejffiehi
for railroad commissioner and a number
of signatures have been attached t to his
Augustus Leohpeler was arrested last
night for the theft of a pair of shoes
Keal estate deeds filed for record to-
day aggregate 15900
Four holiness evangelists two men and
two women started a meeting on the
streets today and were surozlsed by the
police because the audience blockaded
the streets to the obstruction of traffic
The mayor gave them permission to hold
forth on a vacant lot which they did to-
night Tomorrow they will use the old
political and religious stamping ground
the corner of Main aud Murpby opposite
the Glen Lea saloon
Louisiana State Lottery Company
Incorporated by the Legislature is 1S63 forEd
ucational and Charitable purposes and its fran-
chise made a part of the present State Constitu-
tion in 1B79 by an overwhelming popularvote
SemlAnnually June and December
DRAWINGS take place in each of the
other ten months of the year and are
all drawn in public at the Academy of
Music New Orleans La
For Integrity of Its Dmirin s and Prompt Payment
of Prizes
Attested as follows
TFe do hereby certify that tee supervise the ar
rarigementsfor all the Monthly and SemiAnnual
Drawings o The Louisiana State Lottery Com-
pany and in person manage and control the
Drawings themselves and that the same are con-
ducted with honestyt fairness and in good faith
toward all parties ancfwe authorize the Company
to use this certificate with fae similes of our sig-
natures attached in its advertisements
sias iBf
We the undersigned Hanks and Bankers will
pay all Prizes drawn in The Louisiana State Lot-
teries which may be presented at our counters
B3I WAL2ISLEY Pres Louisiana National Bank
PIERnE LAXAUX Pres State Matiorial Bank
A BALDWIN Pres New Orleans National Bank
CAUL KOHN Pres Union National Bank
At the Academy of Music New Orleans
Tuesday March 121889
Capital Prize 300000
100000 Tickets at Twenty Dollars Each HalTCJ
10 Quarters 5 Tenths 2 Tnentietlis 1
3 PRIZE OF 3C < V00 is 300000
1 PRIZE OP 10OCO0 is 100000
1PPJZEOP 50000 is i EO000
1PKIZEOF 25000 is 1 25000
2PRIZESOP lOOOOare 20000
25 PRIZES OP 1000 are 25000
100 PRIZES OP COOore CO000
200 PRIZES OP SOOare 00000
500 PRIZES OP 200 are 100000
1C0PRIZESOF COOare 50009
100 PRIZES OF LOOare 20000
P99 PRIZES OF 100 are 39900
9S9 PRIZES OF 100 are S9 J00
3134 Prizes amounting to 1031803
Note Tickets drawing Capital Prizes are not
entitled to terminal Prizes
jeSTFoB Club Rates or any further information
desired write legibly to the undersigned clearly
stating your residence with State County Sweet
and Number More rapid return mail delivery
will be assured by your enclosing an envelope
bearing your full address
Send POSTALNQTES Express Money Or-
ders or New York Exchange in ordinary ctier
currencv by express at our expense addressed
or M A DAUPHIN Mew Orleans 1 a
Washington B O
Address Registered Letters to
New Orleans La
REMEMBER that the pavment of Prizes
New Orleans and the Tickets are signed by the
President of an institution whose chartered rights
are recognized in the highest courts therefore
beware of all imitations oranonymous schemes
ONE DOLLAR is the price of the smallest part
or fraction of a Ticket ISSUED BY US in any
Drawing Anything in our name offeied for
less than a Dollar is a swindle
fi WS SSfrT J2
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Freight received and forwarded to
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Adams Southern and American
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Low and Unif oiin Sates on
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Docuta Manufacturing Company 112 White St
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. Fort Worth Daily Gazette. (Fort Worth, Tex.), Vol. 13, No. 232, Ed. 1, Wednesday, February 20, 1889. Fort Worth, Texas. The Portal to Texas History. Accessed April 25, 2015.