Page images
PDF
EPUB

so far as it relates to mortgages covering lands which had been conveyed by minor allottees, or by adult allottees before April 21, 1904; and it should be dismissed as to the surplus lands conveyed by adult freedmen allottees subsequent to that date. The judgment of the Circuit Court of Appeals is affirmed, with the modification that the cause shall proceed in conformity with this opinion.

REVIEWS.

CONSTITUTION AND ENABLING ACT OF
OKLAHOMA, ANNOTATED.

By Hon. R. L. Williams, Judge of the Supreme Court of Oklahoma, and its first Chief Justice.

Published by The Pipes-Reed Company, Price, $4.50.

Kansas City, Mo.

This work of Judge Williams has been brought out not as a vis a front compilation for the sake of sale and notoriety, but by a vis a tergo, impelling and demanding a work that would illustrate and illumine by its completness, one of the greatest State Constitutions ever written for a state of the American Union. The fact that the Constitution is such, it demanded the attention and labor of one not writing at the dawn of possibility, but in the clear noon-day sun of experience and realization.

It is fortunate that Judge Williams should write such work. Aside from his known ability as a lawyer in the practice, and jurist on the bench, he was a member of the Constitutional Convention that drafted it-knows what is original in it, and what selected from other States. Upon its adoption he was elected to the Supreme Court, and upon the organization of that Court its first Chief Justice; and in this capacity at once began to construe its provisions. His ability and circumstances have combined to place before the bench and bar of the State, one of the most useful works that has yet been published for this State. While over six years have passed since the

Constitution has been in operation and many intricate questions adjudicated persuant to this body of organic law, the work of Judge Williams is not confined to the mere annotation of what has been done here; but he has gone searchingly into the portions taken from other constitution's and statutes construing them, and showing not only state but what federal construction they have and are receiving. The labor incorporated in this work is greater than it may appear from the size of the volume.

It is complete and full in statement yet condensed to the useful and suffecient-its compactness reminding one of judiciously compressed food tablets in contrast with baled hay. There is no padding no stretching, no showy efforts The useful alone, topic after topic appears in its orderly relation, and easy of access. The book should and will find a market even beyond the borders of our state and throw light upon obscure propositions of constitutional construction.

The publishers, who by the way have turned out a number of excellent works on Oklahoma practice, have printed and bound this volume in approved manner, making it durable and substantial.

The History of the Case, and Self Defense Argument of Col. John Hallum. Published by Thomas F. Crosby, Muskogee, Okla.

This is a large pamphlet containing one of the most absorbing trials that was ever tried in the Southwest. Col Hallum shoots a minister of the gospel, is indicted, tried and acquitted. Hallum, an able lawyer, single handed and alone, in spite of an array of counsel against him, defends himself and is enthusiastically acquitted. The argument he made in his own behalf, for logic, power of diction and eloquence, has no superior in the annals of American oratory. Mr. Crosby deserves much credit for his taste and legal capacity to see the merit and rescue this great argument from destruction, and every true lover of legal gems should address him for a copy.

EDITORIALS.

The hot weather and the coming elections have had great effect upon the courts and the number of decisions rendered. But it really seems to have made little difference with the bar. The attorneys themselves, want sɔme vacation during the great heat of summer, and the unterrified are campaigning in spite of the heat.

Among the cases of rare nature and rare interest this month, is the case of People vs. Robinson, where a negro youngman of New York City often attended a white church. Becoming attracted to a white woman which he often saw but with whom he had no social acquaintance He offered one evening to escort her from church; she politely told him no, that she had escort. After that he began to write her letters avowing his love for her, but she refused to answer them. He then had the presumption to write to her father and say that her silence was consent and that if she did not accept him he would sue for breach of promise. Whereupon she had him arrested for "disorderly conduct." Upon a hearing before a police judge he was fined. He appealed to the New York Court of General Sessions. This court also affirmed the judgment of the police judge.

He

Hon. W. B. Johnson of Ardmore, one of the leading lawyers of the State has resigned from the Board of examiners for admission to the Bar. Mr. Johnson will devote his entire attention to the practice of the law. has rendered most efficient service to the board as well as in the examination of cases that have arisen in dis barment proceedings; but he greatly deprecates the insufficiency of our statute on the subject of disbarment. PROFESSIONAL CARDS in The Oklahoma Law Journal cost $3. per annum. It must not occupy more than an inch of space. Always accompany matter with check.

The Supreme Court of New York has just decided that automobiles may be excluded by ordinance or general law from any street or park. It overruled the contention, of the much aggrieved special privileged citizens, that they were deprived, by the general public of their "equal protection of the laws," when denied the right? of scattering them away from public streets and park grounds. Terrible! To a man in the habit of the hat on one side of his head and cigar at an angle, shaking himself from side to side in his seat, and dashing through a crowd with all the noise possible, proclaiming "I's am a commin," such decision is very humiliating.

The Edward Thompson Company has again turned out another great work; Sedgwick on Damages. This work is one of the most valuable expositions of the law of damages. It is reconstructed and greatly enlarged, and brought down to date. It is arranged as a complete and systematic treatise in four large volumes. Price $26.00

Hon. John W. Frederick, a leading lawyer and one of the best known men in Haskell County, is illustrating the mixim of "the office seeking the man." He is now the County attorney and has been strongly urged to take the nomination for County Judge. He is an experienced lawyer at the bar, having been in the practice since 1879. He is a gentleman not only of professional ability, but sterling integrity-a man whose word is as good as a bond. He is competent to fill one of the highest judicial positions, and Haskell County should be proud to have such a man as he for County Judge. He is a man that office does not spoil.

Hon: C. T. Burns, formerly of Black Rock Arkansas, has moved to Muskogee and opened an office in the Equity building. Mr. Burns is a graduate of the Arkansas University Law School and comes to Oklahoma highly recommended by those who have long known him.

He has been Mayor of his home town, and has filled a number of important positions of honor and trust.

HUMOR.

An Irish ssloonkeeper was being sued by his exporter for damages for assault. The plaintiff claimed that he had been hit with a billet and an ice pick when he had merely asked for an advance of two bits on his wages.

When the defendant was examined he was asked if he assaulted the plaintiff. He answered, "No." "Did the plaintiff ask you for money?" "Yes, he said he wanted two bits." "Did you give it to him?" "I gave him a bit of the billet and a bit of the ice pick, but I did not assault him at all, at all." Students Helper

Curtis Guild, former governor of Massachusetts, was once asked for the funniest story he ever heard. This is the story he told:

"An Irishman and a Jew were discussing the great men who had belonged to each race, and, as may be expected, got into a heated argument. Finally the Irishman said:

"Ikey, listen. For ivery great Jew ye can name ye may pull out one of me whiskers, an' for ivery great Irishman I can name I'll pull one of yours. Is it a go??

"They consented, and Pat reached over, got hold of a whisker and said, 'Robert Emmet,' and pulled.

...Moses!' said the Jew, and pulled one of Pat's tend

erest.

"Dan O'Connell,' said Pat, and took another. "Abraham,' said Ikey, helping himself again. "Patrick Henry,' returned Pat, with a vicious yank. "The twelve apostles,' said the Jew, taking a handful of whiskers.

"Pat emitted a roar of pain, grasped the Jew's beard and yelled, 'The Ancient Order of Hibernians!” Case and Comment.

« PreviousContinue »