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Page 1003

Charles Henry Tully, born at Russellville, Logan county, Kentucky, November 19, 1865, died July 5, 1933, at Eufaula, Oklahoma, where he is buried. Son of Henry Bascom Tully and Nancy America (Aingell) Tully; grandson of Benjamin Keene Tully and Catherine Scott (Wood) Tully; and great grandson of Samuel Tully and Elizabeth (Safford) Tully. His great-great grandfather, James Patrick Tully, came from England, where he owned a grist mill operated by water power, settling in Maryland where he acquired a large holding in lands. His mother, Nancy America (Aingell) Tully, was the daughter of Presley Furbush and Caroline Rose Aingell. His maternal ancestors were Virginians.

Charles Henry Tully having attended the local schools and Bethel College at Russellville, Kentucky, about 1884 went to Missouri where until 1889 he taught school at Walker and Nevada in Vernon County. In 1889 he came to Eufaula, Oklahoma, (then Indian Territory) engaging in teaching for two years. In 1891 he became associated with C. E. Foley in the mercantile business, so continuing until Mr. Foley established the Foley Banking Company (afterwards merged into the First National Bank of Enfaula). Then Mr. Tully continued in the mercantile business alone under the style of Tully Mercantile Company, retiring therefrom in 1907, having been admitted to the bar on July 12th of that year. In the practice of the law he was associated with the late Judge William A. Collier and later with Judge E. J. Van Court. Though over forty years of age when he took up the practice of the law, he attained distinction therein. In his young manhood a successful educator, then a successful merchant, and during the remaining years of his life he was a successful lawyer. Whilst a success in trade and business, by nature his adaptation was to educational, literary and cultural matters. This probably accounts for the fact that though late in life he took up the study of the law with such adaptability as to bring distinction and success. Acquiring a fine library his application was studious and diligent to such an extent that he soon was in the front rank of the bar in the new state. Both before and after statehood he was a member of the local school board, taking an active interest in the promotion of education and every movement tending to the betterment and upbuilding of the community and surrounding country. Active in the movement to bring about the passage of the Enabling Act for statehood he made trips to Washington, D. C., as a delegate in promotion of such movement. Not only during territorial days but after the erection of the new state he took an active interest in the affairs of the Democratic Party, being for year a member of the Indian Territory Democratic Central Committee. After statehood he was chairman of the McIntosh County Democratic Committee. During the temporary location of the county seat at Eufaula by the Constitutional Convention and the election for the final location of the county seat, though loyal to his local town in these contests, he was ever courteous, fair and considerate of all opposing interests. At times he was head of the local Red Cross Association. During the World War he was not only head of that local association but participated actively in Liberty Loan drives and every patriotic movement in support of his country during that great con-

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flict. During the entire draft period he was chairman of the McIntosh County Exemption Board, serving with efficiency and fidelity. His ancestors fought on the side of the Colonies in the American Revolution, one of his sisters being at this time a member of the Daughters of the American Revolution.

On July 23, 1890, he was married to Miss Gertrude Foley at Trinidad, Colorado, bringing his young bride to Eufaula, Oklahoma, where he maintained his residence until the time of his death. Besides the widow two children survive, to-wit: Mrs. Naomi Rountree, of New York City, and John Vincent Tully, of Okmulgee, Oklahoma, with four grandchildren, and two sisters: Mrs. Kate Bostic, of Fort Worth, Texas, and Mrs. Lucy Edmonston, of Nevada, Missouri.

He was never a candidate for public office. Serving two terms as Mayor of Eufaula, the office seeking him.

Polished and cultured, handsome and courteous, a leader without being aggressive, with his arrival at Eufaula in the Indian Territory be began to exercise not only beneficial but uplifting influence in the community which continued until his death. As a faithful husband, loving father, loyal friend, patriotic citizen and polished gentleman, his memory will be cherished.

R. L. Williams

Annette Ross Hume, eldest daughter of James White Ross and Katherine Darling Ross, was born at Perrysburg, Wood County, Ohio, March 8, 1858. and died at the home of her son. Dr. Raymond R. Hume at Minco, Oklahoma, January 19, 1933.

She was educated in the public schools of Perrysburg and was married to Dr. Charles Robinson Hume, December 27, 1876. To this union five children were born, three of whom died in infancy. Two sons, Judge C. Ross Hume, an attorney at Anadarko, and Raymond R. Hume, a physician of Minco survive.

In 1880 Dr. and Mrs. Hume moved to Caldwell, Kansas, where they lived for ten years. In December 1890, Dr. Hume having been appointed agency physician, moved with his family to the Kiowa and Comanche Agency at Anadarko. After the opening of this reservation and the establishment of the town of Anadarko in 1901 the family moved to their present home in the city of Anadarko, where they have since resided.

Mrs. Hume had been active in Missionary Work in the Presbyterian Church at Caldwell, Kansas, and became a traveling representative of the Home Missionary Board and assisted in organizing societies throughout both Oklahoma and Indian Territory. She became President of the Territorial Synodical Society, later was its Secretary and then Historian to the date of her death and compiled the history of this work. She attended many local, district and state meetings and had a wide acquaintance among the Presbyterian women.

Mrs. Hume was a charter member of the Philomathic Womens' Club at Anadarko and very active in club work. She had previously taken

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a Chatauqua womens' course at Caldwell. She became Parliamentarian of the Oklahoma Territorial Federation and later of the State Federation and served as Historian of this organization and has left quite an extensive amount of historical material of this work. She served as President of the State Federation of Womens' Clubs in 1913 and 14. She was also Chairman of the Annette Ross Hume Endowment Fund of the Federation for many years and until her death.

During Mrs. Hume's life at Anadarko she became active in Genealogical Research and engaged in this work for many years. She was a charter member of the Chickasha Chapter of the Daughters of the American Revolution and served as an organizer in this body. She was a member of the Oklahoma Chapter of Colonial Dames as a descendant from Gov. John Haynes, of Conn., and was eligible to Magna Carta, a Society of Americans of Royal Descent.

Her husband Dr. Chas. R. Hume and a son Judge C. Ross Hume became members of the Sons of the American Revolution and the Massachusettes Society of the Mayflower as a result of her research. Her son Dr. Raymond R. Hume was a lieutenant in France, and she was a charter member of the Anadarko Legion Auxiliary.

On November 16, 1930, Mrs. Hume was awarded a certificate as Pioneer Clubwoman of the Oklahoma Memorial Association. With the finer cultural qualities and Christian graces and her broad and willing service Annette Ross Hume, who at 74 years of age, passed away on January 19, 1933, and was one of Oklahoma's most revered and outstanding citizens. Loyal to her home; to her church and to her state she was always a loving wife and mother; a devoted Christian, true Patriot and ever exercising her remarkable gifts for the advancement of every good cause with which, she so willingly allied herself.

Mrs. H. Coulter Todd

JUDGE BAYARD TAYLOR HAINER, aged 73 years, passed from this life at his home in Oklahoma City on the night of July 10th, 1933. His wife, Florence Weatherby Hainer, and a son, Bayard, Jr., survive.

I have known Judge Hainer since the early days in Oklahoma history. In the turbulent "lot jumping" and "kangaroo court" times of Guthrie's early settlement I came to know him. Then a young attorney, he soon made his ability recognized, and with the establishment of stable government he became a strong factor in our city government and our municipal counsellor, which position he held for many years. In 1898 he was appointed Judge of the United States Court for one of the Oklahoma districts and held this position until statehood. He thus became automatically also a member of our Supreme Court. His decisions were recognized and respected. He was a good judge of law, patient, painstaking, able and devoted to his profession.

After statehood he pursued the practice of law and in 1921 was appointed by the Harding administration to be General Counsel of the Agricultural Department in charge of enforcement of the Packer Control Act, to govern the packing industry. He conducted much important litigation in the Federal Courts in connection with the Packer Control

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Act, the constitutionality of which was attacked by the Packers. He had full charge of this litigation in the Courts of Chicago, where he won. It was appealed to the U. S. Supreme Courts by the Packers. He argued the case there. The case was affirmed and the constitutionality of the Act decreed by the Supreme Court. This was a notable victory for him. He also, while attached to the Department of Agriculture, conducted the action brought by the Packers seeking to annul the so-called Packers' Decree, divorcing the packing companies from the wholesale dealings in commodities other than packing products. Several efforts were made by them to get this decree modified. He fought successfully all these efforts and gained quite a reputation for himself for the manner in which he conducted this litigation.

He also conducted for the government the litigation to establish the constitutionality of the so-called Grain Futures Act. This Act undertook to place a limit upon the Board of Trade of Chicago in its dealings in futures. The Chicago Board of Trade fought it viciously in the Federal Courts of Chicago and in the U. S. Supreme Court. He won his every contention. The constitutionality of the Act was upheld.

In 1925 he was made Chief Counsel for the National Federal Trade Commission, a very important position. In this capacity as chief counsel for the Commission he was prominent in its activities in many matters of nation-wide interest.

Under the law his duties as Chief Counsel for the Federal Trade Commission were to conduct the examination of witnesses in hearings before the Commission, where parties were charged with being guilty of unfair methods in Trade or Commerce, and to follow same into the Federal Courts, where legal action arose thereon. Thus he had many cases in the Federal Courts, including the Supreme Court of the United States. Among them being the suit against the Moving Picture Companies, in which producers were charged with conducting their business in an unfair way, such as to indicate that they maintained a trust controlled industry. Also the case of Federal Trade Commission vs. American Tobacco Company, charged with unfair practices.

In these and many other cases, he made a record as a fearless prosecutor of malefactors in Industry and enjoyed the reputation of being fearless and able.

Judge Hainer was also an author, having contributed to our legal lore a text book on "The Modern Law of Municipal Securities." He is also the author of many carefully considered magazine articles pertaining to legal subjects which have received wide comment and recognition.

He was a member of Delta Tau Delta fraternity, a thirty-second degree Mason. His lifelong affiliations were with the Republican party.

He has maintained his home since retiring from Federal service at 918 West Seventeenth Street, Oklahoma City.

Judge Hainer early attained an eminent position in his profession, and has enjoyed the abiding respect of Bench and Bar, state and national.

Personally, since the early days when we formed our acquaintance, I have been very fond of him, and his kind heart, good disposition, winning manner and universal courtesy of such grace and dignity as to give him rank with his forbears and namesake, the old "Bayards", are his enduring monument in the state he served and loved.

Roy Hoffman

Page 1007

James Edwin Finney, born at Martinsburg, Ohio, August 17, 1852, died in McAlester, Oklahoma, September 3, 1933, and was laid to rest in beautiful Oak Hill Cemetery.

Mr. Finney was a real pioneer of Oklahoma, coming into the Osage country in 1872. His life was filled with interesting adventure and his genial disposition reflected in all the activities of his long and colorful career. As a neighbor he was kind and thoughtful as well as intersting, and never tired of relating his early experiences on the frontier. In youth he worked in the Post Office at Lawrence, Kansas with his brother-in-law and served as national guard through the water famine in that state. When the Sac and Fox Indians were to be moved into the territory, his brother-in-law had the contract from the government to move them and he came along to help with them. Here began his long and interesting experiences with the tribes. He soon learned the Pawnee, Ponca and Osage language, being partial to the Osage he was made interpreter for the Osages. This tribe loved and honored him because of his sympathy and understanding in regard to their rights and they adopted him and gave him the name of Sha Pah Nashee. He had charge of the government supply house at Pawhuska, his influence with the Osages made him a valuable scout and he was sent out with them on their famous buffalo hunts to kill meat for the winter supply. They used bow and arrow. Later when cattle were more abundant and guns were in use he killed at long range 44 steers with 45 cartridges.

He was married to Alice Hopkins, Ironton, Ohio, in 1877 and with his bride went out 28 miles to the southwest of the Agency and started a trading post, naming it "Whitehorse," a name it bears to this day. When Grover Cleveland was elected president of the United States he left the agency and started rail-roading. He was conductor on the Santa Fe from Arkansas City to Purcell, when Oklahoma was opened for settlement and was conductor on the first train from Arkansas City to Guthrie in 1889. A picture of this historic train may be seen painted on the walls of the First National Bank, Oklahoma City.

After retirement from the Santa Fe, he lived a number of years in Kansas City, Mo., coming back to Oklahoma he located at 631 East Adams Ave., McAlester, Oklahoma, where his useful and eventful life came to a sudden end.

His son Robert Florer Finney of McAlester, and daughter, Mrs. Jane Orr Middelcoff, 1535½ N. W. 28th St., Oklahoma City, and his wife survive.

His family have a folder in which he kept many valuable papers, telegrams and instructions issued as early as 1872 to '76. He has a peace pipe and other relics.

Although aged and feeble, this summer he dressed in Indian costume and with war paints made himself an Indian Chief and went to the scout camp in the San Bois mountains near Wilburton and entertained district scouts with stories and maneuvers. Truly a man of vaalor has fallen.

Mrs. John Randolph Frazier
635 East Adams, McAlster

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