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can be had in the courts, but it would be more speedy and effective if the board were granted such authority.

TERRITORIAL LAW LIBRARY.

[J. W. Foose, librarian.]

The library is out of debt, with a credit of $1,604.44 in the treasury. The two greatest needs of the library at present are a liberal book fund and a suitable building large enough to properly shelve and place the books. In March, 1904, an extra room holding over 2,000 volumes was added, but this lacks much in giving sufficient space. We have only shelf room for the text-books, laws, State reports, West Reporter system, and some other necessary law books, while some five or six thousand volumes of United States and State Department documents remain packed away in the storeroom for lack of space in the library.

During the ten years' existence of the library a large and splendid selection of books has been accumulated, until to-day Oklahoma can boast of a library of which an older Commonwealth might be justly proud. The Oklahoma publications are very much in demand, as letters of inquiry from all parts of the United States and many foreign countries are received. One thousand volumes each of volumes 12 and 13 of Oklahoma Supreme Court Reports have recently been issued and are very much in demand.

ACCESSIONS.

This office has received during the past year:

By purchase

By donations_

By exchange with other States.

As a depository for United States Department documents.

Total.

On shelves last report..

Oklahoma publications on hand_

Estimated number United States and State Department documents in storeroom

Total..

VALUE.

Volumes.

305

104

381

223

1,013

7,071

7,389

5,000

20,473

The library and fixtures are valued at $65,000. This amount includes $22,000 worth of Oklahoma publications held for sale, the proceeds of which are added to the library fund.

Twenty thousand dollars insurance is carried on the library and

storerooms.

OKLAHOMA NATIONAL GUARD.

[Adjt. Gen. E. P. Burlingame.]

The organizations remain the same as last year, except that the First Battery has been disbanded and the officers and men honorably discharged. It was not possible to provide the battery with guns and a suitable armory for their care from the allotment and legislative appropriation. The remaining organizations have been furnished with suitable equipments and are prepared to engage in active service

in the field. The reserve of camp equipage, bedding, messing utensils, etc., in the hands of the adjutant-general can be issued on the

instant.

The annual encampment was held at Guthrie October 10 to 17, 1903. Maj. H. J. Ripley, Eighth Cavalry, U. S. Army, was present as instructor, and the occasion was one of much profit. On November 30, 1903, the infantry companies and the engineer corps were supplied with the new service magazine rifle, and during the winter and spring the entire guard was furnished with cotton Khaki uniforms and shelter tents. Every officer has a Colt's revolver. A liberal supply of ammunition for rifles and revolvers has been issued for target practice. The new firing regulations were received from the War Department about the middle of June.

The inspection of the guard by militia officers was completed in November, 1903, and an inspection by an army officer, as provided by the act of January 21, 1903, was made by Capt. T. Q. Donaldson, Eighth U. S. Cavalry, during the month of April, 1904. Following the receipt of the report of Captain Donaldson by the War Department, this office was advised that

The Department is exceedingly gratified at prompt and commendable action of the militia authorities of the Territory in having accomplished as much as has been done during the past year in the way of arming and equipping its organized militia, and that it has done no more is to be attributed solely to the insufficency of means at its disposal.

The allotment of the $1,000,000 appropriation under section 1661, United States Revised Statutes, was $7,072.37 for the fiscal year ending June 30, 1903. For the year ending June 30, 1904, the total allotment from this appropriation was $13,103.13, to which $8,657.48 was added in allotments under the act of March 2, 1903. This entire amount of $21,760.61 was wholly consumed in requisitions for articles of equipment. The allotment for the fiscal year ending June 30, 1905, is $13,103.13. It has been decided by the authorities at Washington that a portion of this sum may be used under the provisions of section 14 of the new militia law, and it seems probable that a sufficient amount for paying the troops who attend the encampment this year can be spared for that purpose.

The numerical strength of the guard, officers and men, on June 30, 1904, was as follows:

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Official roster of the Oklahoma National Guard, June 30, 1904.

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Governor T. B. Ferguson, commander in chief. Guthrie.
Brig. Gen. E. P. Burlingame, adjutant-general,
ex-officio quartermaster-general, commis
sary-general, paymaster-general, and chief
of ordnance.

Col. Samuel Billings, inspector-general.
Maj. Harry W. Pentecost, judge-advocate-
general.

Maj. John W. Duke, surgeon-general.
Capt. Seymour Foose, aid-de-camp.
Capt. William A. Knipe, aid-de-camp

Capt James M. McConnell, aid-de-camp.

FIRST REGIMENT INFANTRY.

Col. Roy Hoffman.

Enid
Guthrie.

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Watonga
Perkins
Guthrie.

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Lieut. Col. Charles West.

Maj. Elta H. Jayne...

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Maj. Ralph J. Ramer

Maj. Edward G. M. Overholser.

Capt. Job Ingram, chaplain

Capt. Edgar West Jones, quartermaster.

Capt. Jacob C. Herr, ordnance officer.

Capt. Charles F. Barrett, commissary
Capt. Fred W. Hunter, adjutant

Capt. Walter S. Ferguson, inspector rifle
practice.

First Lieut. Ross R. Way, battalion adjutant. Kingfisher..
First Lieut. Ray McElhinny, battalion adju- | Chandler

tant.

First Lieut. William Mattingly, battalion Oklahoma City

Oklahoma City

June 9,1903

May 20, 193

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July 14, 1903

June 25, 1903

Lawton

Dec. 28, 1899

Oct. 7.1899

Guthrie.

Apr. 4,1901

Mar. 29.1901

Chandler

Aug. 18, 1903

June 25, 1913

Shawnee.

Sept. 21, 1901

Sept. 20, 1901

Oklahoma City
Guthrie...

Jan. 18, 1904

Jan. 18, 194

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Sept. 17, 1902

Sept. 6,192

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June 9,1903

Jan. 1, 1903

Company B:

Capt. Daniel J. Norton.

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First Lieut. Lewis E. Martin

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July 14,1903

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Company C:

Capt. Roy W. Thomas

Medford

First Lieut. Eslie Q. Walton.

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Sept. 3,1901
Feb. 23, 1904

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June 29, 1903

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Capt. Eltie Wright..

First Lieut. Walter S. Vilott

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Pond Creek.

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Blackwell.

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Jan. 1,194

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Mar. 11. 1904

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Second Lieut. Chas. Marion Adams

Company F

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Feb. 23, 1904
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July 8,1901
Feb. 3, 1904

Capt. A. L. Emery

Watonga

First Lieut. G. W. Ferguson.

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Second Lieut. A. L. Edgington

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Company G:

Capt. Harry C. Overfelt

Second Lieut. Jesse J. Combes

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Aug. 10, 1903
Oct. 10, 1903
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First Lieut. Alfred Spangler.

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June 9,1903

Second Lieut. Ober Elihu Haug

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Jan. 13, 1903

June 1,19

Company I:

Capt. E. G. Douglass

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First Lieut. Jesse R. Langley

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Second Lieut. Robert Lee Watson.

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Company K:

Aug. 4,1902

Aug. 4,1902

First Lieut.

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Second Lieut. Benjamin F. Lewis.

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June 14, 1904

May 2,1904

Company L:

Capt. Herman P. Wetzel

Perry

First Lieut. Frank M. Whinnery.

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June 16, 1903

June 2, 1903

Second Lieut. John J. Rubash.

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Company M:

May 9, 1904

Oct. 9,1903

Capt. M. F. Highley.

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First Lieut. William Stuart Douglas.

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Feb. 23, 1903

Dec. 17,1903

Second Lieut. Samuel Hudson Harrelson...

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Feb. 23, 1904

Feb. 12, 1904

HOSPITAL CORPS.

Capt. Floyd H. Racer, surgeon...

Woodward

Nov. 18, 1901

Oct. 16, 1901

Official roster of the Oklahoma National Guard, June 30, 1904-Continued.

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Since the appointment of the present incumbent, in April, 1903, to July 1, 1904, there has been inspected 24,788 barrels of low-grade oil, 22,948 barrels of the best grade, and 37,258 barrels of gasoline, making a total of 84,994 barrels inspected. Of this, 410 barrels were rejected.

There has been collected as inspection fees the sum of $9,058.68, of which sum the amount of $7,104.13 has been paid into the Territorial treasury and $1,954.55 has been retained by and for deputies. There are twenty-seven deputies in the Territory. The average fees for the year are $72.38.

The instruments used under the present method of inspection are the Charles J. Tagliabu open-cup fire tester and the Baumé hydrometer. Open-cup fire tester is used to make the flash test. The oil is placed in a glass cup, which is set in water over an alcohol lamp. A thermometer is suspended with the bulb in the oil. The temperature is raised and a small lighted taper passed over the oil at every two degrees rise of temperature, as indicated by the thermometer, until the oil flashes. The apparatus for liquids lighter than water consists of a hollow glass stem with a bulb blown in the middle, so as to give buoyancy, with another bulb, like a thermometer, to hold the weight, which is tested by pure water, which is marked zero. This method was devised by Baumé and is known as the Baumé hydrometer for liquids lighter than water.

Under the present law the oil is tested very carefully. All coal oil is tested by the flash test, and must show a flash of at least 120° temperature and must have a specific gravity of from 44° to 48° Baumé, inclusive, to be marked "Good." All oil having a lower or higher specific gravity or that flashes at less than 120° temperature shall be marked" Unsafe-rejected." The flash test shows the safety of the oil, while the gravity shows the quality. When the inspection was begun I found a part of the oil used in the Territory to be of a very poor grade; some flashed as low as 95°, and fully one-half of the tests I made in June and July, 1903, were marked "Unsaferejected." Under the present working of the law there has not been

any oil rejected since November, 1903. Since all rejected oil must be shipped out of the Territory, and a heavy penalty imposed for selling rejected oil, the oil companies are exercising great care in shipping oil into the Territory that will pass the necessary tests.

Few people appreciate the benefits of a good inspection law. Just prior to the enactment of the present law there were several serious accidents, and even some deaths, from the explosion of coal oil. So far as I can learn there have been no accidents of a serious character since the present law has been in effect.

Complaints of the law have been made by merchants who object to having to place a tag on all oil sold, while other merchants are pleased with the law, feeling that the placing of a tag on the oil sold is a source of protection to them.

Many of the complaints of poor oil are traceable to the neglect of lamps. Wicks which have been used for a great length of time become clogged and can not give a good light. In cold weather the wicks should be changed at least every four weeks and the burners kept scrupulously clean. If this is neglected, the wicks become so clogged that enough oil can not be lifted by them to give a good light. The present law seems to be giving the people of the Territory a better grade of oil than they have ever had before, and as the public becomes more familiar with the law and its benefits it becomes much more pleasing to them. There are some details in which it might be improved, but it is in a great measure accomplishing the purpose for which it was enacted-i. e., to give the people of Oklahoma the best quality of oil possible to be procured for them.

TERRITORIAL GAME AND FISH.

[J. C. Clark, game and fish warden.]

In collecting data for my report as Territorial game and fish warden I have found that it will be impossible to give strictly accurate figures as to the number of prosecutions, amount of fines collected, and value of game confiscated, for the reason that in but few instances have county wardens kept detailed memoranda, and several have made no reply to my request for a report.

From the reports I have been able to obtain I have compiled the following totals:

Number of prosecutions.

Amount of fines imposed.

Value of game confiscated.

Number of fish nets and quail nets destroyed, 7; value----

41

$1,463. 25 $4,365.00 $90.00

All sheriffs, constables, and police officers have authority to make arrests for violations of the game laws, and doubtless a considerable number of prosecutions have been made by such officers, reports of which I could not, of course, obtain, and which are not included in the foregoing report, which sets forth only arrests made and prosecutions conducted by myself and county and deputy wardens, so that the sum total of arrests made and fines imposed during the past year will doubtless considerably exceed the figures given above.

In some instances county attorneys have shown a disinclination to prosecute in game-law cases, and county and deputy wardens have been obliged to employ counsel, though most of the prosecuting attorneys have performed their duties well.

So far as observed the disposition of citizens of the Territory has been toward an observance of the laws, and the larger part of the arrests and prosecutions have been of nonresident parties employed by commission houses in other States, who annually invade the Territory slaughtering and buying game of all descriptions, and shipping the same to their employers in St. Louis, Kansas City, Chicago, and Galveston. One notable capture consisted of a ship

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