« PreviousContinue »
SUPREME COURT OF THE UNITED STATES.
WOOD vs. CHESBOROUGH.
1. If the judgment of the state court rests on Federal and non-Federal grounds, and the latter be sufficient to support it, there can be no review by this court.
Preston v. Chicago, 226 U. S. 447, 2. The application of laches and the statute of limitation does not present a Federal question.
3. This court can only review findings of fact by the state court to the extent necessary to determine whether, there being no evidence to support them, a Federal right has been denied by them, or where conclusions of law as to a Federal right and questions of fact are so intermingled as to make such review necessary for the purpose of passing on the Federal question.
Chapman v. Goodnow, 123 U. S. 540. 4. The highest court of the State having held, following its former decisions on the same subject, that the plaintiff's cause of action was barred by laches and judicata the judgment rests on non-Federal grounds sufficient to sustain it.
5. This court will not review the judgment of the highest state court in accepting its former decisions as determining the law of the State and give a different interpretation of that law. To do so would give this court power to review all judgments of state courts where Federal questions are set up and to substitute its judgment for that of the state courts as to state laws.
ABILENE NATIONAL BANK vs. DOLLEY, Bank Commissioner of the State of Kansas.
Appeal from the Circuit Court of the United States for the District of Kansas.
1. The Kansas Bank Depositor's Guaranty Act is not unconstitutional as against national banks either be
cause it discriminates against them in favor of state bank's, impairs the obligation of existing contracts or deprives them of their property without due process of law.
2. The statutes of the United States where they do not prohibit competition with national banks do not forbid competitors to succeed.
3. Contracts made after a law is in force are made subject to it, and impose only such obligations and create only such property as the law permits.
Adv. Sheets of U. S. Reports, 228, pages 1 and 161 of the Banks official publication.
(Syllabus by the court.)
THE TRIAL OF TITLE TO LAND IN OKLAHOMA,
Published by The W. H. Anderson Company,
Through the kindness of the author and publishers we received a set of this excellent work and gave it an extensive review notice in the April number of this Journral. Since that time we have received some orders for it and inquires concerning it. From the inquries we infer that the plan of the work is not fully understood. These volumes are not simply a work on the Indian Treaties-that is amply treated in the now almost old work of Mr. BledMr. Merwine's work is a comlete treatise on the Law and Practice, with forms, and all the details essential to completely carry you through the courts-from that of first instance to that of last resort,-not only to Indian lands but to all lands in the State-a work complete in 43 extensive chapters,-a work without a riva in the field it occupies.
Several new books, both Legal and Literary, have been received during the month, but want of time prevent publishing their review notices in this number.
With the next issue of The Oklahoma Law Journal, which will be the beginning of the twelveth volume, we will establish a Topical Index in addition to the usual table of contents. And further, the Department of Professional Lawyer's Cards will appear next to the last page of the reading matter and follow each other in consecutive order, however large the department hereafter may become.
Sale to Colored People-Even if it Proves Detrimental it is Simply Damnum absque Injuria.-In the case of Holbrook vs. Morrison, 100 N. E. 1111, in an opinion just renderd it is decided, that although in a most select neighborhood, the owner of a residence may set up a sign to his residence to sell to colored people, and actually sell, and whether or not property depreciates in value by reason of the sale to a colored family the owner so offering to sell cannot be enjoined. The Supreme Court of Massachusetts holding: "That the right to ad vertise in the usual way ones property and to sell it to a negro family, though it may effect and impair the value of surrounding residences, That the law does not hinder bids from colored people. That even if the accepting the bids and making the sale to members of the colored race was to annoy neighbors, the vendor has the lawful right to do so with his or her own property.
G. A. PAUL.-The city of Oklahoma City has much to congratulate itself by reason of a federal opinion rendered in its favor a few weeks since. The result, however, is principally due to the skill and experience of Mr. G. A. Paul who defended the city against the claim of an executory contrrct; and this he did in spite of the efforts of perhaps the best set of counsel to be met any where. Mr. Paul, by indomitable efforts, energy and courage has made for himself a most remarkable reputation as a municipal legal counsellor; not only
in the case of McCormick v. Oklahoma City, but in many other great legal questions that arose in that municipality when he was its City attorney. And this he did at a time of few precedents in this state.
NOTICE. We desire to apprise such subscribers as have received statements and have not responded, that if they are not heard from by our next mailing, may be, at our discretion, dropped from our mailing list.
Messrs Roger S. Sherman of Tulsa, and Jas. A. Veasey and Jere P. O'Meara formerly of Bartlesville, announce that they have formed a partnership under the firm name of Sherman, Veasey & O'Meara, and will continue the practice of law in Tulsa with offices in the Pallace building.
We regret to report that Hon. Judge Jeff. Bower, of Alva, died on last April.
A devise of testatrix's "farm" is properly construed as embracing all her lands, which consisted of two adjoining tracts of 84 and 24 acres, respectively. Moreheads Executors vs. France, 154 (Ky.) S. W. 378.
Hon. Geo. E. Merritt of Pawnee was the successful candidate for county Judge of Pawnee County last fall and is now performing the duties of that office. We had the pleasure, a few days since, of meeting Judge Merritt for the first time, and found him a courteous and most agreeable gentleman.
Hon. N. E. McNeil, a former county Judge of Pawnee County, has since the close of his term, as County Judge been engaged in the active practice of the law. He opened a first class office in the City of Pawnee where he is best known, and is developing an extensive practice.
Among the prominent and promising lawyers we met in our recent visit in Pawnee, Oklahoma, is the Hon. F. C. Shoemaker. Mr. Shoemaker while yet quite a young man, has seen a great deal of practice, and is now conducting a number of important cases. For years he has held a number of county offices and has thus acquired much legal knowledge that books do not teach, but which becomes very valuable to the practitioner of the law. Aside from his legal qualifications he is vested with those two great adjuncts of the successful lawyerculture and refinement-the balances of the thorough gentleman.
A farmer came to a country town to consult with a lawyer. He walked along the street, looking for a lawyer's sign, and at last he saw the words, "Law Office," on a window that was three stories high. The old farmer kept looking up at the window, and walked back and forth in front of the building trying to see how to get to the lawyer's office.
In a few minutes an old colored man came along and the farmer asked him how to get up to the office. The negro looked up and saw the fire escape along the front of the building and said:
"Bos, there's the lawyer's ladder, but I expect he has gone to dinner.". The Nat. Corp. Reporter
Suicide of a Cow-Capitan Cody, the aviator, recently in one of his flights, had his aeroplane come down upon a cow. The owner of the cow brought suit to recover for the killing of his cow. The theory of the defense was that the cow committed suicide by rushing at the aeroplane when she saw it descending. The Court however, held, that the theory of suicide was not convincing as it was not proven that the cow was conversant with the law of contributory negligence, or the hazzards and incidents of arial navigation; hence it rendered judg. ment against aviator for the killing of the cow in the sum of $90, as he found her of great value in her mundane sphere, waiving all conjecture as to her mechanic or legal knowledge. She not having been the cow that' once jumpped over the moon.