The Rusk Cherokeean (Rusk, Tex.), Vol. 10, No. 18, Ed. 1 Thursday, October 25, 1928 Page: 1 of 8
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The Rusk Cherokee
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WITH WHICH IS CONSOLIDATED THE PRESS-JOU RNAL
Originally Established February 27, 1850.
RUSK, CHEROKEE COUNTY, TEXAS. THURSDAY, OCTOBER 25, 1928
WORKING FOR A GREATER RUSK AND A MORE PROSPEROUS CHEROKEE COUNTY
VOLUME 10, NO. 18
PRELIMINARING HEARING /ID
IN ALTO KILLING CASE.
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The preliminary hearing of Jim
Nelson, peace officer, charged with
murder in connection with the fatal
shooting of Miller Hoover, school
teacher, at Alto, on the night of Oct-
ober 13th., was held at that place,
before Justice McChristian, Tuesday
afternoon.
The state introduced two of its wit-
nesses and the defense several, some
of whom were also called by the state
and what appeared to be most of the
facts were brought out, and the facts
seemed to be substantially as that set
forth in last weeks account of the de-
plorable affray.
The defendant was bound over on
the charge set forth in the complaint
with bond placed at $4,000.00, which
was made and approved.
The prosecution was represented
by County Attorney A. B. Chandler,
assisted by W. T. Norman, as special
prosecutor, while the defense was re-
presented by Attorneys Perkins &
Perkins, all of Rusk.
PUBLICATION DAY CHANGED.
For business reasons, to meet the
demands of our resources and to im-
prove the service generally, the Chc-
rokeean will hereafter be published
on Fridays, instead of Thursday, as
heretofore.
The Big 1-Cent Sale at the Moseley
Drug Store, is only a few days off
BAN ON "BOLTERS" IN
NUECES COUNTY ASKED.
Corpus Christi. Oct. 24.—Nueces
County democrats have opened an
attack on "bolters" with instructions
that a canvas be made of the mem-
bership of the county executive com-
mittee to ascertain the attitude of
individual members toward the demo-
cratic nominees. Another resolution
passed calls for "proper tests" to
bar "bolters" who attempt to parti-
cipate in future democratic primaries
A pledge of allegiance to the party's
nominees also is to be required of
nominees in this county, it has been
decided.
There has been some talk of a
similar course being pursued in this
county, but so far no official action
has been taken.
TYLER FARMER SLAIN
Tyler, Oct. 24.—The body of R.
R. Shipley, 32, farmer, was found in
a pasture near his home, about 16
miles west of Tyler, late Monday
night. There was a bullet wound in
the back of his neck.
Officers said investigation showed
that Shipley left his home early Mon-
day to go to a neighbor's house, and
was passing along a narrow trail at
the time of the shooting. They said
the bullet wound indicated that he
had been fired upon at close rage
with a shotgun.
As far as could be learned Shipley
was not armed when he left home.
THE COUNTY IS SUED
ON TAX WARRANTS.
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PROGRAM
ASTOR THEATRE
Your Own Place of Fun and Amusement
SIKyuTjNTT
Last Time Tonight, lo See
— the joy boy of the screen. He's the same breezy, spark-
ling, wise-cracking cut-up who thrilled you in WEST
POINT." ih it's
William Haines
IN
"TellinG The World"
Last Night's Crowd hailed this as His Best
Children Admitted FREE
FRIDAY, OCTOBER 26th.
25c. - FAMILY NIGHT - 25c.
The Whole Family admitted for only
25 Cents
So lay aside your dinner dUhes, give yourself and family
an evening of fun and gaiety—Mingle with the crowds—
and enjoy a trood movie, presenting
MILTON SILLS and DORIS KENYON
In PETER B. KYNE'S
"THE VALLEY Of The GIANTS
Added Laifs tor the Children
Mickey McGuire Comedy
A suit was filed in the chancery
division of the Federal Court, at Ty-
ler, one day last week, in which Che-
rokee county is made defendant, by
V. M. Mills, attempting to force pay-
ment of something like $22,000,000,
alleged to be due on warrants issued
out of the alleged deliquent tax col-
lection contract between the county1
and the Standard Plat Book & Engi-
neering Company.
Mills, the plaintft, is alleged to be
the holder of the warrants that were
issued to the contracting company,
and on the face of it the amount
would be due and payable, but there
are several patent elements entering
into the transaction that has caused
the Commissioners Court and those
representing the county, to refuse
payment.
In the first place the defendants
claim that the contract upon which
the alleged indebteness is the out-
growth, was not valid in the first
instance, and granting that it was it
has never been complied with by com
pany, and been rendered wholly viod,
and that the plaintiff in this suit had
knowledge of the conditions and be-
came possessed of them in view of
these facts and thereby assumed the
attitude of the original payees.
It is a long story, filled with a var-
ied records and divers direct and in-
direct bearings.
The principal and paramount issue
upon which the county stands is that
the work called for by the contract
was never completeii, and in fact far
from being anyting like it; that the
county has been willing to live up to
its part of contract, be it good or bad
bargain, had the conditions been met,
but that the alleged work was aban-
doned and practically none of the
real benefits under it have been real-
ized.
It is true that there is some money
in the deliquent tax fund, but this
was not wholly derived from the ef- j
forts of the Plat Hook Company, j
much of it coming from other sources \
or avenues, and is not available for j
the payment of these warrants.
What will doubtless prove a most
formidable defense to the suit, is the
condition pre-eminent, that no money
was to be paid for any part of this
alleged service except from funds de-
rived or collected upon the deliquent
tax account realized through their
agency, and that the money neces-
sary to meet these claims has not
been received.
The defense will go much further,
and bring out the whole transaction
with all its bearings.
In their refusal the Commissioner's
court is simply doing what it should
do in its efforts to protect the inter-
ests of the county and the tax payers
and in this they have the endorse-
ment of the parties at interest.
OIL DEVELOPMENTS
On every hand the question is be- ,
ing asked, " What is the latest in our ;
oil proposition?" and this is one ques-
tion that we can freely and truly ans-
wer by saying that we don't know.
It is very easy to get up excite-
ment, oftimes based on unreliable
sources or reports, that causes an ex-
ageration and false dreams, frequent
ly resulting in financial loss to those
who can ill afford it, as it seems that
people who hold on to money like I
the proverbial reaper to the deceased
African, will let go when they see the
prospect of sudden wealth coming
from the golden flow—at least that
has been the experience noted in
most oil fields.
As has been repeatedly, and con-
scientiously said, many times, those
who know the oil game seem to have
great faith in the nearby field, to
such an extent that they have spent
thousands of dollars in past explora-
tion, and they have evidently not lost
faith, but—
Right now there are unmistakeable
evidences of further developement
in what is known as the "Summers j
Estate" field. }
A boiler has been placed in posi- i
tion on the Jake Kenedy tract, a
short ^distance form the parent well, |
pipe and machinery has been placed j
on the ground, a crew is here, and j
everything points to something being ;
done in the very near future. That's ;
as far as we know, and as far as any-
one else we have talked will vouch. !
SALESMAN FOUND DEAD T.'IOUP HI RUNS INTO
ON BANK OF CREEK. LOW IN RUSK GAME.
Palestine, Oct. 22.—Carl Odom 43
produce salesman of this city, was
found dead on the banks of Elkhart
Creek about 15 miles southwest of
Palestine, about 10 o'clock Saturday
night. An inquest was held by Jus-
tice G. N. Jenkins of Elkhart, who
found death resulted from natural
causes. Odom had gone to the creek
fishing, in company with Charles
Riddle of Palestine, and the two men
separated and fished up and down
the creek most of the day. Riddle'
became alarmed when Odom did not
return to the car. Riddle then or-
ganized a searching party at Elkhart
and the body was found.
Odom evidently became ill and
reclined on the bank of the creek,
using his coat for a pillow. He did
not remove his wading boots.
Odom is survived by his wife, two
children, Buster and Janice Odom,
of this city, and his parents and other
relatives of Jacksonville. He had
lived in Palestine for three years.
JACKSONVILLE VOTES FOR
THREE BOND ISSUES.
Saturday, Oct. tin.
TOM TYLER
With Kr.mkie 1 >arrow and his Pah. m
Tlh-tj Te § Toamadlo
T< ,i light--and rides his > ,iy in and out of irn> t'i
taking situations than you've on the sev en it. hs
Other Hits-.VIax: Davidson C s
"TELL IT TO THE JUDGE"
Sunday Monday, Oct. 28th-29th
THRILLS, SUSPENSE, RIOTOUS TUN, AMIDST GORGE-
OUS SETTINGS OT TROPICAL ISLES AND HULA GIRLS
Are All Going to show just HOW and—
441
in
WHY SAILORS GO WRONG'
WITH
SALLY PHIPPS, NICK STUART,
SAMMY COHEN-TED McNAMARA
SPECIAL MATINEE
Beginning next Wednesday, October 31st.,
We will offer to our patrons on each Wednesday a
Special Matinee, shows starting at 2:15 and 3:46.
Nitlitss Prices Only: Children 8c; Adults 15c
Regular Prices lor Nit* Show
SHOW AND PRICES ARE
PROVING ATTRACTIVE.
I!' you live in Rusk or any where
; about, here, and care for the movies
j or tent theatres, there is no reason
■ why you have not been going this
' week, as they are here, and the prices
I of admission have been only secon-
dary.
The V-'tor Theatre, that is ahvay-
there and here when it conn s to land-
1 ing in te front rank, especially when
it feels that it- territory is being
i invaded and tiered rights violated,
• ha1 hern givin the movie-goers a
i sph ndid prouTiitn ami al'f irdiiig in-
viting pri' es ot admls' on. in soir.
instances without admission and it
is being crowded every night. Child-
ren have been admitted free several
nights, two adults for the price of
one ticket on others, and tomorrow
j night they are going to let the whole
"darn family" in for a quarter of a ]
dollar. If that's not cheap enough
the management can probably be in-
duced to pay some of the folks for
their time in coming, and assure them
the best that the screen has to offer
today.
On te other hand, or other side of
town, the Meyers & Owsald Comedy
| Company, a tent attraction, has been
I holding forth, and rendering a very
good repotorie of high grade produc-
I tions and just to show that their show
I is a show, and to give everybody a
show, they have been admitting ladies
free most of the time, when accom-
panied by one who has paid full fare,
and this has resulted in a fairly
crowded teTit at each performance.
This is certainly as fair, anyway
you take it, as a free fair, for the
f«ir «i M, Hi lcMt.
At an election held in Jackson- i
ville, Tuesday, to vote on proposi- j
tions to issue three series of muni-
cipal bonds, to provide for public im-
provements, all of them met with a
favorable vote.
The issues called for an aggregated
indebtedness of $250,000.00 to be
used for sewer and water improve-
ment, a city hall and for extension
of the street pavement.
It would seem that our north side
j metroplis had about all the indebted-
ness, that is bonded and other tax,
I that it can reasonably bear, but it
you are going to have a town that
amounts to much you have to make
it a desirable place in which to live,
and nothing adds to this like muni- j
cipal inmprovements and the advan-
tage of bond issues lies in the fact j
that all have to bear their just part
of the indebtedness.
In commenting on the result of the
election the Progress of yesterday,
says:
The surprise of the eleltion was
an apparent indifferenle to the elec- ,
tion. j'ust a little more than half the
full vote of the city was cast.
The city council met Tuesday night
and generally discussed the results
of the election. It developed that it
is the purpose of the administration
to sidetrack for the present, the loeat
ing, planning and erection of the city
hall, and also the street paving, but
it will lose 110 time in getting the
sewer and water extensions under
way, that being considered the most
pressing of the three propositions for
The deceased was the son of Mr.
and Mrs. W. II. Odom, who live on a
farm about five miles this side of
Jacksonville, on the Rusk road, where
he was born and reared, but had been
living in Palestine for the past three
years.
He is survived by his wife, arid two
children, a young son and daughter,
his parents and three sisters, Mrs.
Frank Murray, Mrs. Lee Tarrant and
Miss Marie Odom and twTo brothers,
Pat and Ernest, all of Jacksonville.
Funeral services were held at the
old family homestead, Monday after-
noon at 2:30, with burial in the Pro-
cidence cemetery, with Masonic hon-
ors.
MARRIAGE LICENSE
Lonnie Tips and Carrie Belle
Lewis.
R. S. Hudnall and Irene Wallace.
C. W. Gordon and Mable Young.
Mallory Pierce and Ethel Hill.
Harrison Fenton and Nona Bird-
Well.
Aubery Holcomb and Ola Schoch-
ier.
R. G. Gaddis and Louis Smith.
Virgil Williams and Mattie Mae
Blanton.
Henry Smithart and Ida V. Haney.
Lum Freeney and Odessa Single-
tary.
S. II. King and Gladys Selman.
In what was supposed to be Rusk's
hardest game of the year here Fri-
day, Rusk Hi School defeated Troup
I HI School 28 to 0.
Capt. Forster, alert left end for
Rusk scored two touch downs in the
first nine and half minutes of play.
, The first after catching a beautiful
twenty yard pass for J. Fitts and
running the remaining thirty yards
: to the goal line. A few minutes lat-
er blocking a punt behind the goal
line and recovering for the second
score of the game. He added the
try-for-point by completing a for-
ward pass across the goal line. After
this Rusk played a purely defensive
game being content with their four-
teen point lead, kicking on their
first down. Troup falling after many
attempts to pierce Rusk's strong line
resorted to their ariel attack and al-
though failing on many attempts
completed one for 40 yards.
In the second half Coach Summers
taking advantage of the early lead
sent in almost his entire squad. The
highlight of the third quarter was
te returning of the punts by Chick,
two of them being carried almost to
the goal line.
In the fourth quarter Rusk started
a great offense which swept Troup
completely off their feet. Benge
and J. Fitts skirting Troup's ends for
many long gains, one of J. Fitts be-
a beautiful 20 yard run for a touch-
down.
Jones, with his pass catching show-
ed up well for Troup. The entire
team for Rusk played heads-up foot-
bail with high spirit through out the
game, the line being a stone wall on
defense and opened up many holes
on offense. The back field interfer-
ence worked smoothly through out
the game, making it easy for the ball
carriers to make repeated gains.
Capt. Forster was the outstanding
star of the game, being high point
man and making more than twice as
many tackles as any man on either
team. Benge was the outstanding
ground gainer for the victors with
Spinks who could be counted on at
any time for a gain through the
line.
HALLOWE'EN CAARNIVAL.
A Hallowe'en Carnival will be held
at the Beulah School house, on Oct-
ober 31st. You will be more than
welcome.
KJSS «faaasHis.isicx8® « Rjnfsocgss
A C A
! the issuance of bonds was au-
horized.
The council will
inn in planning a
iving, and also g<
ust what the
of a city Hall
d do. In the
doubt but tha
■ounsel and ail
z: n.-, and ttu.ke
other towns and cities. It is
likely that these projects will «
under way before next year
time.
It you are in the market ioi
AN AUTOMOBILE
New or Used
Dllt
vite
perhap>
system
slow in
city nee
so respe
th'1 b(H
wCt 1'ror
investig
take its
of street
figuring
is in the
; n
cry
get
►me
^ee us beiore you buy.
cars that look irood and r
We h
Fhe Prices Ar<
m ,
V"
TYLER MAN DIES FROM BURNS.
j; Are being receive-1 regularly, r.i d i y-u want a i v
| ear, it will not be necessary to wait >ut a very sh-a
il while for delivery.
Tyler, Texas, Ovt. 22.—O. M. Fun-
derburgh, 27, died Sunday afternoon
from burns he had sustained four
hours earlied.
While working on a high-power
line at the Texas Power and Light
Company plant, Funderburgh in some
manner came in contact with GO,000
volts, which knocked him loose from
the connection but set his clothing
on fire, inflicting frightful burnst
about the upper part of the body and,
abdomen.
Efforts of fellow-workers on the
same line to save Funderburgh were
futile. W. A. Neibuhr had his right
hand badly burned trying to extin-
guish the flames, but Funderburgh'*
clothing wm burned from hie body.
Bring your repair work to us, all parts are
Genuine Ford Parts
And All Work Guaranteed.
We carry the best ana most up-t< -date equipment
and supplies for the Auto.
PARR1SH, FORREST & WILLIAMS
Authorized Ford Dealers
The Big Filling Station on the Corner
open dav and rvir.mt
•X
I ,, J
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Ward, H. O. The Rusk Cherokeean (Rusk, Tex.), Vol. 10, No. 18, Ed. 1 Thursday, October 25, 1928, newspaper, October 25, 1928; Rusk, Texas. (https://texashistory.unt.edu/ark:/67531/metapth291376/m1/1/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Singletary Memorial Library.