The Newark journal.
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NEWARK, INDEPENDENCE COUNTY, AUK., FRIDAY. JULY 24, 1903.
VOL. Ill—NO. 30.
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ST. LOUIS, MU
F. C. HOYT, Local Agent.
GEORGE F. GROSSER,
Notary Public
—AND—
Dealer in Real Estate.
All kinds of Blank Deeds, Trust nr
Warranty, on hand, prepared and ac
knowledgements attested. Deposition*
taken. Pension work a specialty.
HafOfiice In Host Oltioe
J. C. LEWIS
Contractor and Builder
Plaits, Specification* and Estimates
Citeerfulljr Furnished.
Job work of all kinds nentlv and promptly
3om- Satisfaction (tiiiirnm-oil Saw tuu .,
Specialty. Shop south of Journal office.
NEWARK, ARKANSAS
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Rubberless * Automatic
school desk
and general school supplies.
NEWARK - - - ARKANSAS.
J. VV. HODGES,
Physician and Surgeon
Office at Sturdivant's Drug Store.
Residence Phone No. 64.
CALLS ANSWERED PROMPTLY.
S. A. MOORE,
ATTORNEY MT LAUU
and Notary Public.
•jtirvl titles, administration. damage cases
Ami collections n specialty Will practice in
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TOR LEGAL ADVICE.
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Real Estate, Rental and
COLLECTING AGENT,
Sulphur Rock, - Arkansas
Newark Real Estate Co.,
DEALERS IN
Farm and City Property,
Renta. *ud Collecting Agents,
Newark. - - Arkansas.
Full li.ve of deeds and deeds of
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<fc
Arkansas State News
Will Not Stop Work.
Tiio historical committee of the
Confederate Veterans Association
announce that the decision of the
supreme court annulling the bill
making an appropriation for its use
will mot put a stop to the work. In
the war department at Washington
there are four thousand rosters and
fragments of rosters of Arkansas
Confederate military organizations,
and until these are copied, or at
least inspected, the work must come
to a complete stop for the reason
that the historical committee would
without doubt duplicate its work.
The committee intends to collect
the fragmentary records now exist
ing in this state by letters to and
interviews with the owners of them.
Their time and money will be lim
ited ami they do not care to collect
at a great expense of energy and
money a number of records, only to
find that they are already on file in
the archives of the war department.
The desire of the historical commit
tee now is to have the governor des
ignate oilicially some one to inspect
and, if necessary, copy these records,
so that the work can proceed. As
soon as the records are inspected
the work of collecting those which
are missing will be taken up.
Colored Pythians.
The Colored Grand Lodge,
Knights of Pythias, met in annual
se.-sion at Little Uoek last week.
The reports made for the Pythian
year just closed show 120 financial
lodges, with a membership of 3,
500. Upwards of $12,000 for poli
cies alone have been paid out this
year, leaving about $7,000 on hand.
The report of Grand Chancellor
Duke covered every phase of Pvth
ianism, and was also full of whole
some advice to the negro race. That
part of the report touching condi
tions in this country condemned
crime of every grade, urged the
grand lodge to be patient, live law
abiding and eventually all will be
well, lie assured the grand lodge
in expressing condemnation of the
amount of lawlessness sweeping over
the country, north and south, that
the negro has many true and warm
friends among the white people
throughout the state, and urged
friendly relations between the races.
Levee Contract Let.
The executive committee of the
St. l-'raneis levee board of Arkan
sas, at its final meeting held in
Memphis, decided to build all pro
posed levees upon the routes recom
mended by the engineers of the
board, thus disregarding the protest
of planters in the areas concerned.
The work, some twenty-one miles
of levee, costing about $400,000,
was awarded to a Memphis contract
or. The committee authorized the
issuance of $250,000 of bond, as
authorized by tire last session of the
Arkansas legislature.
The Sheriffs.
At a meeting of the State Sher
iff.-' Association hold in Little Hook
last week, the following officers were
elected to serve during the ensuing
year: J. II. Abraham, Clark coun
ty, president; Geo. R. Kelley, Sa
line county, vice president; Fred
Schader, secretary; Joe 1>. King,
Johnson county, assistant secretary:
James Gould, Jefferson county,
treasurer.
Surrendered To Serve Long Term.
Geo. Hampton, a white farmer of I
Logan county, voluntarily surren
dered himself at the penitentiary to
serve a sentence of twenty-one years
for murder. Hampton was convict
ed in January hut took an appeal, j
being released on bail. Last week j
the supreme court sustained the ver-I
diet of the lower court. When
Hampton heard of the decision' he
immediately left for Little jttock to
begin his sentence.
Postal Changes.
The following postal changes in
Arkansas are announced by the de
partment at Washington: Postof
fices established—X’ekin, Craighead
county, Wui. GreW, postmaster.
Postoffice site changed—Madelia,
Cleburne county,/o 1 1-2 ms. X. E.
Star service cliAnged—Canuck to
Rogers. From \July 15, 1903, end
^'4 Vimla, omitting Rogers, decreas
five miles.
As to Taxing Loans.
Chancellor J. V. B airland at
Ozark recently handed down an im
portant decision involving loans
made by foreign corporations in
Arkansas. The action was brought
by the Union Central Life Insur
ance Company of Cincinnati against
dames I’itcoc-k, as collector of Craw
ford county, to restrain the collec
tion of a tax alleged to be illegal.
In passing upon the case Chancel
lor Bourland said: “The question
upon which the law must be de
clared is whether the loans of a for
eign corporation having no domi
cile or chief office or agency in this
state, are subject to assessment and
return for taxes in the county
where the borrower resides or where
the real estate mortgage security is
located. Plaintiff is a corporation
under the laws of the date of Ohio.
Its principal business is that of life
insurance, but it also carries on the
business of making loans of money
upon notes and mortgages upon
lands in Arkansas. For the latter
j purpose it has no agency in this
| state. If certain sections of our
| statute would seem to indicate that
this particular species of property
is intended to he taxed, it is proper
to reply that the whole scope of the
statute mii.-t be considered. It is
not competent to view one or more
parts of a law abstractly, but the
prospective ought invariably to be
such as the full line of part mate
rial may always be within the scope
of vision. Thus viewing the stat
ute and considering policy, the na
ture of the various classes of per
sonality and the powers of the state
considered in respect of the powers
of other independent sovereigns it is
dear to my mind that the terms of
our statute exclude the particular
class of property involved in this ac
tion from taxation in this state.
While it is not necessary to so hold,
it is true, nevertheless, that did our
statute by its express terms, re
quire the taxation of each property
it were a more serious question than
whether it would not be extra terri
torial and void. The probability is
that these notes and mortgages are
taxed where located, in Ohio, which
that state in principle has a clear
right to do, and f« tax the rights
Here would be in effect double taxa
tion, an evil which our form of gov
ernment more than all others, ab
hors.”
Will Borrow Money.
Among the most important meas
ures passed by the last legislature
aifeeted by the recent decision of
the supreme court is the deaf mute
appropriation bill, the branch nor
mal appropriation bill and the St.
Francis levee bond bill, authoriz
ing the issuance of $.300,000 in
bonds. There is no possibility of the
deaf-mute institute being closed be
cause the appropriation fell under
the decision of the supreme court.
The method which will be pursued
will be to borrow money from time
to time, as it is necessary for the
conduct of the instituton and the
payment of all bills incurred by it
Plaintiff Gets Damages.
In the damage suit of Knisel vs.
Waters-Fierce Oil Company, in Cur
land circuit court, the plaintiff wa
awarded -$G,000 damages. This is
the second suit tried of about thirty
growing out of a gasoline explosion
in the Turf K\change at Hot
Springs l ist Christmas, both going
against the defendant.
Foul Play Suspected.
Jim Maekav, whose home is in
Clark county, was run over by a
freight train near Camden. It is
believed that Mackay was murdered
and his body placed on the track.
The trainmen state that the body
was old when they examined it, im
mediately after the train had pass
ed over it.
Some “Temperance” Drink.1).
I nited States Revenue Collector
Tucker states that a number of
“temperance” drinks sold in pro
hibition districts in this state con
tain a large per cent of alcohol.
\\ hen those who sell these “temper
ance” drinks take out a government
license Collector Tucker does not
bother them, hut if they fail to at
tend to this they are summoned to
appear before the federal court.
Those Vetoed Bills.
The supreme court, in the case
or T. C. Monroe, auditor, vs. B.
W. Green et al., a test case of the
famous omnibus veto of Gov. Da
vis, overruled the decision of tin
lower court and sustained the veto.
This was a case instituted by B.
\V. Green, Dan W. Jones, If. S.
Nowlin and others to compel the
auditor of state to pay a
warrant drawn on an appro
priation carried hv house bill No.
171, to provide for a roster of Con
federates soldiers and sailors of the
state. This bill was passed by the
last general assembly, but was not
presented to the governor until
after the assembly bad adjourned.
House bill No. 471 was included,
with a number of others, which
has been called the ‘■'omnibus veto”
of the governor. This suit was in
stituted for the purpose of testing
the validity of the law, notwith
standing the veto of the govenror.
which it was thought was not made
in the manner prescribed in the
constitution. At the hearing of the
cause the auditor demurred to the
complaint tiled, admitting all alle
gations contained therein, and in
sisted that there was no ground for
compelling the payment of the war
rant. Judge Winfield overruled the
demurrer and rendered judgment
against the auditor and instructed
him to honor the warrant drawn.
An appeal was taflken to the su
preme court and that court held
that while the bill was duly and le
gally passed by both the house of
representatives and the senate, yet
there was no proper and legal pre
sentation of the bill to the gover
nor.
The court ruled that inasmuch as
the bill was not presented to the
governor within the time prescribed
by the constitution, it could not
become a law, even though the gov
ernor had not exercised the veto
power. All other bills, about eighty
in number, presented at the time the
above bill was placed in the hands
of the governor, are null and void
in accordance with the above rul
ing.
G. A R. Excursion to San Francisco.
Gen. J. H. Avery of Hot Springs,
commanding the department of Ar
kansas, (i. A. II., has issued his gen
eral order relative to the thirty
seventh national encampment, which
will be held at San Francisco, Cal.,
during the week commencing Mon
day, August 17, 1903. Arrange
ments have been made for a through
sleeper, leaving Hot Springs at
1:45 p. m. on Wednesday, August
l v, and Little Rock at 3 '45 p. m.,
reaching San Francisco at 4 p. rn.
on Sunday, August Hi. The official
route has been selected over tin
Choctaw, Oklahoma and Gulf rail
road to Memphis, thence via Kan
sas City, Denver and Ogden to San
Francisco.
Negro Suicides.
C'lia.a. Chinn, a negro, committed
suicide at Sherrill under peculiar
circumstances. Chinn’s wife had
gone to her home, accompanied by a
man with a team for tire purpose
of getting her household goods and
wearing apparel, as she and Chinn
had agreed to separate. Chinn ap
peared in the yard and announced
that his wife should not leave him
alive and fired a shot at her. Pepu
t; Constable Jenkins, who accom
panied tin* woman, remonstrated
with Chinn, who fired two shots at
him without effect. Jenkins ran to
iiis wagon and secured his revolver,
and when Chinn saw this lie turned
his own weapon on himself and put
a bullet through his head.
In Honor of Their Memory.
At a meeting of the J. M Kdlar
Chapter, United Daughters of the
Confederacy, held at Little Hock,
a resolution was adopted favoring
appropriating a certain sum of the
money in the treasury as a nucleus
of a fund to be rais'd for the pur
pose of erecting a monument to the
memory of the women who devoted
their efforts to the Confederate
cause during the war.
The Cotton Crop.
While the cotton crop is at least
two weeks late and the plant small,
conditions the past few weeks have
been favorable and the prospects are
good for about au 85 per cent yield
in this state.
J. E. Erwia was arrested at
Hoxie on the tchurge of passing
counterfeit silver dollars and having
ia his possession, moulds for uiakixg
the same. . •
i
(
Brings Bad Luck.
From the time the alleged foot
racers had the bad luck to get tan
gled np with Prosecuting Attorney
Martin and Sheriff Williams of Gar
land county, misfortune has seemed
to hover over them. Their funds
have been tied up or scattered. Ed
Ellis, one of them under sentence
of three years in Missouri, lost his
father, who dropped dead. Then
Boatwright's father died suddenly.
Following this death, Roger Wil
liams was murdered at Hot Springs
in jail. Bert Brumley, convicted
and under a three-year sentence,
who was out on a $85,000 bond, was
drowned at Webb Citj while fish
ing. _
Voluntarily Surrendered.
Four United States prisoners sur
rendered themselves at the Pulaski
county jail to serve tHoir terms for
illicit distilling. Their names are:
Jess Cunningham, Mitchell Reed,
James W. Johnson and Tom Irons,
and their sentences range from
three months and a fine of $100 to
six months and $100. These men
pleaded guilty last April in tlie
United States district court, Judge
Trieber preseding, and were paroled
to enable them to make crops.
Y. M. C. A. Work.
State Secretary J. E. Schofield
of the Y. M. A. reports gratify
ing progress in association work
throughout the state. The A'. M. C.
A. building at Stamps, built for
railroad men, has been completed,
and the contract has been let for
finishing work on the Little Rock
building.
New Road Proposed.
The Hot Springs and Southwest
ern Railroad Company last week
filed articles of incorporation with
the secretary of state. The company
proposes to build a railroad from
Moore's Spur, on the Kansas City
Southern railroad, Garland county,
through the counties of Sevier.
Howard, Hike, Montgomery and
Garland, a total distance of seven
ty miles.
New Bank At Hardy.
The Farmers’ Bank of Hardy has
been incorporated. The capital
stock is $15,000, of which half has
been subscribed. The officers are:
S. 1*. Turner, president; It. M.
Jackson, vice president; A. M. Met
calf, secretary, and Joel Turner,
treasurer. The directors are: S.
P. Turner, R. 41. Jackson, Boen
Phillips, J. B. Edwards and J. It.
Metcalf.
BRIEF MENTION.
A new oil mill is being erected at
Cotton Plant at a cost of $50,000.
The Greenville Stave Company
will erect a large plant at Little
Itock.
Johnny Thornton, aged 10, was
run over and seriously injured by
an automobile at Texarkana.
William Wilson, a popular young
man of Morrllton, was drowned
while in bathing in the Arkansas
river.
Hon. Geo. W. Donaghey has re
signed as superintendent of work
on the new state capitol building.
Several head of live stock on the
plantation of J. T. Webb in Jeffer
son county, were killed by lightning
during a thunder storm.
A large number of delegates
from this state will attend the Mis
sissippi commercial congress which
meets at Seattle, Wash., August 18.
After a trial lasting three days,
W. 11. Hooks was acquitted at Con
way of the charge of murdering
Henry Pendergrass near Saltillo
several months ago.
W. Luther Burt, an alleged “green
good J’ man, now under indictment
by the federal grand jury for fraud
ulently using the mails, was placed
in jail at Little Rock last week.
('has. Jacobson, private secretary
to Gov. Davis, says the deaf-mute
appropriation bill was signed May
11. If tiiis is a fact the bill is not
affected by the decision of the su
preme court.
The 2-year-old daughter of An
drew Nichols, residing eight miles
northwest of Ozark, was burned to
death. The child was left alone in
i room, and in trying to climb on
a bed overturned a lamp.
At a meeting of colored lawyers
from twenty-two states and two ter
ritories held in Little Rock last
week, the National Negro Bar As
sociation was organized. Scipio A.
Jones of Little Rock was elects*] ’
presiri^ut.^
News of the World
A son was born to ex-President
and Mrs. Cleveland on the 18th.
At least 30,000 delegates attended
the Epworth League convention at
Detroit.
Cleveland Ivelley, a negro charged
with assaulting a white woman, was
lynched near Madison, Ga,
The territory of Hawaii has ap
propriated $30,000 for an exhibit at
the St. Louis world’s fair.
A negro tramp named Adams,
who assaulted a negro woman near
Lake Butler, Fla., was captured by
a mob of negroes and lynched. The
body was cut into shreds by the mob
and severely disfigured.
Fifty Boer families will start
from South Africa for the new Boer
colonies in Mexico next month. A
large supply of farming implements,
wagons, blooded cattle, etc., have
been ordered. The first colony to
be established will be in the state of
Chihuahua by Gens. Snymnn and
Viljoen.
Marconi has discovered a new
principle in wireless telegraphy and
has perfected an instrument by
means of which he no longer needs
high towers for transmitting hi.s
messages across the ocean. He can
now send them skipping thousand
of miles from wave to wave along
the very surface of the sea.
After being in session since May
1, the Fnited States grand jury at
Montgomery, Ala., returned indict
ments against eighteen persons,
charging them with conspiracy in
detaining persons of their liberty.
It is claimed a system of peonage
has been carried on through conspir
acy between justices and planters,
innocent parties being convictfd and
sentenced to long terms on farms.
The first bale of the season of
1003-4 raised in the United States
was sold at Galveston on the 18th
and brought 28.93 cents. The bale
came from Zapata county, and was
the tirst ever raised in that county.
It was hauled 107 miles to a gin
and railroad station. Eighteen
months ago contributions were tak
en up in various parts of Texas for
citizens of Zapata county, who were
suffering from drouth.
It is stated by the secretary of
state that the incident created by
the question of the presentation of
the Jewish petition to llussia is
closed. The correspondence con
sists of an instruction to Mr. Rid
dle, United States charge at St. Pe
tersburg, reciting iu detail the pe
tition and directing him to present
the same to the foreign office if it
wore willing to receive it. It is stat
ed by Mr. Riddle that* the foreign
allice would not receive it under any
•ireumstances, and Secretary Hay so
informed the B'nai B'rith commit
tee in a brief telegram.
By the explosion of a large quan
tity of dynamite and blasting poo
ler stored in a magazine near Poar
isliing, Giles county, Virginia, two
men were killed outright, sixteen
were more or less injured and about
100 others severely shocked. West
bound passenger train No 1 on the
main line of the Norfolk and West
'rn was going at full speed past the
magazine, which was located 200
ranis from the tracks, when the ex
plosion occurred. The windows of
the train were broken and the coach
’s were in other ways damaged. Not
i single person on the train escaped
injury or shock. It is not known
what caused the explosion.
After a session extending over a
rear, with the exception of short re
esses, the first Cuban congress ad
journed on the 18th. What is eon
ddered the most important legisla
tion enacted during the session is
hat covering the proposed loan of
hM.'i.OQO.OOO and the process of aud
ting and paying the claims <«f the
■evolutionary soldiers, all of which
lave been carefully considered and
horoughlv provided.
The president has given direc
lions for the preparation of com
nissions for the following promo
tions in tho army: Maj. Gen.
Toung, to he lieutenant general,
rice Lieut. Gen. Miles, who retires
August 8. Brig. Gen. S. S. Slim
ier, to be major general, vice Maj.
icq. Davis, to be ’retired July 20.
’trig. Gen. Leonard S. Wood, to be
najor general, vice Gen. Young, to
>0 promoted.
Five person? were killed and a
score injured by a tornado which
swept over Streator and Mendota,
111.
In a speech delivered at a picnic
given by Chicago democrats, ^Ool.
\\. J. Bryan took occasion to again'
denounce the policy of ex-Preside’Efc
Cleveland.
Col. W. J. Bryan is going to Eft
rope to study sociological conditions
in the various governments he will
visit, and on his return he will
write a book.
J
President Roosevelt has appointed
Brigadier General Robert Shaw Ol
iver of Albany, N. Y., as assistant
secretary of war to succeed William
Cary Singer, resigned.
Four state senators are to be
tried at Jefferson City, Mo., shortly
for accepting bribes, and ex-Lieut.
Gov. John 1*. Lea is to be the star
witness for the prosecution.
“Every man who participates in V
the lynching or the burning of a ne
gro is a murderer, pure and simple,”
is the words used by Justice Brew
er of the federal court in express
ing himself on the subject to a
newspaper reporter.
Some one of the great statisti
cians of the country has figured
that there wore forty-odd deaths at
tributable to the manner in which
the fourth of July was celebrated
this year and more than three thou
sand persons injured.
Millard Lee, confined in jail at
Atlanta, Ga., awaiting execution
for the murder of his sweetheart
made a desperate attack on Robert
Jordan, his attorney, who was ad
mitted to the cell for an interview
with the prisoner. The attorney
was taken from the cell more dead
than alive.
It seepis he ^ general under-_
standing among'omcTalTofThe <
department who ought to know that
the name of Robert Shaw Oliver,
who has just been appointed assist
ant secretary of war, will be favora
bly considered for secretary of war,
when Secretary Root retires from
the cabinet.
An excursion train and a fast
mail on the Missouri Pacific collid
ed near Independence, Mo., result
ing in the death of three persons
and injuries to sixty-eight others.
The accident was due to a brake
down of the engine pulling the ex
cursion train, the crew failing to
signal down the fast mail train.
Lying on the operating table in
a hospital at Petroleum, Ind., half
unconscious from a wound indicted
by John Terrell, his father-in-law,
Melvin Wolfe was shot dead by Ter
rell in the presence of the doctors.
Wolfe married Terrell’s daughter
four years ago, but afterward, the
latter says, deserted his wife, leav
ing her with a child in her arms.
Alfred Knapp, who confessed to
murdering five women at different
times, was sentenced to be hanged
by a jury at Hamilton, 0. The five
cases to which Knapp confessed
were as follows: Erma LittJeman,
killed in a lumber yard at Cincin
nati, June 22, 1894; May Eckert,
murdered in a room on Walnut
street, Cincinnati, August 1, 1894;
Jennie Knapp, thrown into canal
at Liberty street, Cincinnati, Aug
ust 7, 1894; Ida Gebhard, found
strangled at Indianapolis in July,
189o; Hannah Knapp, murdered at
Hamilton, December 22, 1902.
In a number of the internal reve
nue districts there are several gaug
ers and storekeepers on the list who
only receive pay for services actual
ly performed. The attention of the
secretary of the treasury has. been
called to the fact that iu making as
signments preference is not always
given to honorably discharged vet
erans of the civil war, and the sec
retary has issued an order to the ef
fect that tile old veterans must be
M
m
' V
given first chance at these jobs.
The state department has given
notice that it has construed the
naturalization law passed by the last
congress as requiring it to reject all
certificates of naturalization issued®
after July 3, 1903, which fail to
set forth the fact that the person
naturalized is not opposed to ali
organized governments, and likewise
is not affiliated with any organiza
tion so opposed; also that he does
not advocate the killing of oflkera
-d the government \
. T