made a revenue measure for the reason that it would be double taxation and therefore against the provision of the constitution which says that taxation must be equal among all people.

Under the law as it existed prior to 1913 it is said there were something like ninety local inspectors who examined oil at their local stations and kept the fees for the same as their compensation. The 1913 law cut the local inspector out and put the whole business of inspection in the hands of half a dozen inspectors who were paid a salary and remitted their fees to the state. The charge was maintained at 10 cents a barrel and the revenue amounted to very much more than the cost of the inspection.

DESCENT AND DISTRIBUTION

Blood heirs of a Seminole Indian who has been enrolled do not themselves have to be enrolled to inherit his right to allotment, is held in a decision by the Supreme Court today, the opinion written by Justice Hardy. The decision reverses one by Commissioner Matthews in the same case. The case is that of Annie Wadsworth v. J. W. Crump et al., and comes from the Seminole County District Court.

A Seminole citizen died before receiving his allotment but was enrolled under an agreement approved by congress June 2, 1900. By such act the property of the deceased descended to his heirs according to the laws of descent and distribution of the State of Arkansas. It is held that the daughters of the deceased being his heirs by blood were not required to be enrolled before they could exercise the right of allotment, that the effect of the enrollment of their father descended upon them and they became heirs to the property that fell to him on account of his enrollment. The opinion written by Commissioner Matthews in the same case some weeks ago, held in effect the opposite.

QUESTION OF JURISDICTION

An effort on the part of the insanity board of Major County to commit a man to the insane asylum who had committed a crime in that county but was a resident of Alfalfa County, would not be a regular proceeding in the opinion of the attorney general's office, submitted today to M. M. Thomas, county attorney of Alfalfa County. The prisoner had been taken in custody but his trial on the charge of grand larceny has not been held. The question was put before the attorney general as to whether or not the insanity board of Alfalfa County, where the alleged crime was committed, could try him on an insanity charge. The attorney general says that only the insanity board of the county where the man resides could have such jurisdiction, but under the circumstances the same result could be brought about at the trial of

the man on the accusation against him. The issue may be raised in the case after trial is called, and inquiry into his sanity could be had then that would determine whether or not he is insane.

WOULD DEFEAT AMENDMENT

Effort is to be made by County Judges in various parts of the State to defeat the constitutional amendment to be voted on by the people in August to abolish the office of county judge. County Judge Wadill of Washington County is assisting in the movement and it is proposed to hold a meeting in Okla. homa City at an early date at which County Judges of the State will gather and make an organized effort to defeat the amendment.

INSURANCE COMPANY'S HEARING Insurance Commissioner A. L. Welch has fixed April 12 as the time when he will hear a petition of F. A. Skipwith to prevent the Maryland Casualty Company from doing business in the State. Skipwith, who was formerly employed by the insurance company, claims they are now violating the insurance laws of the State, and recently made application to the insurance department to hear his complaints. Commissioner Welch will give both sides a full hearing.

STATE MAY RECOVER MONEY

A public officer has no right to draw two salaries from public positions; he is bound to perform the duties of his office for the compensation fixed by law, and where he has illegally drawn sums of money from the State Treasury such money may be recovered in an action brought by the proper authority, is the opinion of Commissioner Rummons, approved by the Supreme Court, in the case of the State v. George W. Bellamy, former lieutenant governor. During Bellamy's term as lieutenant governor, the law at that time made him also chairman of the State Banking Board. He was getting $1,000 from his position as lieutenant governor. The banking board by resolution fixed the salary of the chairman at $1,500 a year, but this was without authority of law.

At the expiration of Bellamy's term the attorney general's office started suit in the Canadian County District Court to recover the money paid Bellamy amounting to $2,462.50, claiming that it had been illegally paid him. The case was brought up before Judge J. J. Carney, then District Judge for Canadian County, and he sustained a demurrer to the State's petition. An appeal was taken from the action of the court. The court's decision reverses the judgment of the lower court and reviving it, remands the case to trial. The opinion of the court, however, indicates its holding on the question of whether or not an officer can draw two salaries for two different positions.

JUDGE DAY NEW COMMISSIONER The Supreme Court has approved the appointment by the Governor of Judge Jean P. Day of McAlester to fill the vacancy on the Supreme Court Commission, Division No. 1, caused by the resignation of Judge Phil D. Brewer, which took effect April 1. Judge Brewer will remain in Oklahoma City where he will practice law. He has been a member of the Supreme Court Commission for the past five years.

OKLAHOMA'S SCHOOL OF LAW Oklahoma's School of Law, maintained at the University of Oklahoma, has again been given a place with the leading legal schools of the United States, according to the report of Augustus S. Downing, representing the New York Board of Regents, who has just completed an examination of the Oklahoma school. Commissioner Downing complimented Dean J. C. Monnet very highly on the standards and quality of instruction of the Sooner school.

There are now more than a hundred and twenty-five young men studying for the legal profession in the Oklahoma institution which is one of the best equipped law schools in the United States.

QUOTES BIBLE IN DECISION

Judge D. P. Dyer of the Federal Court at St. Louis decided that sausage containing excessive amounts of cereal and water is unwholesome, and that it should be barred from interstate commerce. He dismissed a case wherein the Independent Packing Company of St. Louis was asking that David F. Houston, secretary of agriculture, be enjoined from enforcing a rule limiting the amount of foreign substances in sausage for shipment.

At the trial of the case in the final action the wholesomeness of the sausage was the main point in question, and this was discussed at some length, and the government attorneys satisfied the judge that the presence of water and corn meal caused the sausage to ferment.

The judge conceded that meat, cereal and water in themselves were wholesome, but when combined, in quantities ranging from 70 to 80 per cent of meat, 5 to 10 per cent of corn meal and 10 to 20 per cent of water they were not wholesome and fit for food. The company now is prevented from shipping sausage containing more than 2 per cent of cereal and more than 3 per cent of water.

In making the decision, Judge Dyer quoted the sentence in the Scriptures referring to the man who asked for bread and was given a stone, and who asked for a fish and was given a serpent. In the case of some packing companies, Judge Dyer said, one asked for sausage and was given a quantity of corn meal

and water.

RELEASED FROM LIFE SENTENCE President Wilson has commuted to expire at once a life sentence imposed by a Federal Court on James Shoals at Atoka, Indian Territory, in October, 1904, for the murder of Henry Dolman. Shoals has served more than eleven years in Leavenworth penitentiary and Attorney General Gregory recommended the commutation.

WOULD NOT PROSECUTE SON Father and son met in the Justice Court of A. P. Crawford at Sapulpa under peculiar circumstances. Four years ago Bernie Bostick, 18 years old, told his father that he was going to Oklahoma to seek his fortune in the oil fields. The Bostick family then lived at Koshkonong, Mo. A year passed and nothing was heard of the youth. A year ago the Bostick family left Koshkonong and moved to a farm near Kellyville, nine miles southwest of Sapulpa. Last night a horse was stolen from the Bostick barn. The alleged thief was captured here this morning. Bostick came to identify him. "Bernie," cried the father as he entered the court room.

"Dad," exclaimed the alleged horse thief. The case was dismissed.

WANTS $2,000,000 DAMAGES

A suit for $2,000,000 damages has been filed in the Circuit Court at Memphis by the City of Memphis against the Kansas City & Memphis Railway and Bridge Company, growing out of the Mississippi river floods of 1912-13. The city alleges that the bridge company, to protect its property, constructed embankments and other protection on the Arkansas side of the river, forcing the flood waters to the Memphis side, creating conditions the city was not prepared to meet.

The suit originally was filed jointly against the bridge company and the St. Francis levee board of Arkansas, in which a Federal Court decision adverse to the city recently was returned at Little Rock.

APPROVES CAR WEIGHTS

Proposals of Western railroads to increase from 30,000 to 40,000 pounds the minimum carload weight on grain products and from 40,000 to 50,000 the minimum weight on wheat and rye has been approved as justified by the Interstate Commerce Commission.

The commission in the same case-a part of the so-called Western advance rate case— found justified increased rates on bituminous coal from Illinois mines and other points to points west of the Mississippi river. Proposed increases on broomcorn from Kansas and Oklahoma points, points in Colorado and New Mexico were found not justified. Increases on wheat and corn between points in Arkansas on the St. Louis & San Francisco Railway to Memphis, Tenn., were found justified.

The commission made no estimate of the effect the decision will have on revenue.

CRIMINAL COURT APPEALS

The fifty-year penitentiary sentence of Silmon Thomas, convicted of manslaughter in the first degree in the Haskell County District Court, has been affirmed by the Criminal Court of Appeals, in an opinion written by Justice Doyle. The crime of which Thomas was convicted was the killing of Bobo Harris. Both men were Indians. The killing occurred November 1, 1913. All parties attended a dance at the home of Frank Robinson, and then went to the house of Harris.

The sentence of Harry Bolen, convicted in the Kay County Court of violating the prohibitory laws, and given thirty days in jail and $150 fine, was also affirmed.

In an opinion by Justice Armstrong of the Court, the sentence of one year in the penitentiary of E. B. Stephenson, convicted in Garvin County on a charge of grand larceny, was reversed. The high court held the verdiet unwarranted under the law and the facts as disclosed in the transcript of the evidence. Stephenson was a farmer and it seemed had purchased some machinery on time, as he thought, and was preparing to pay for it when he was arrested and the charge placed against him.

In another opinion by Justice Armstrong the conviction of S. D. Stokes, Pontotoc County, was reversed. It was shown that the wrong man was prosecuted. The Court held that the charge was improperly made against S. D. Stokes, which was for violating the bulk sales law.

The fact that a man continues his attentions to a woman, during which time she has yielded to him under promise of marriage, according to her statement, is sufficient corroberation of her understanding that the man intended to marry her, is held by the Criminal Court of Appeals in an opinion by Justice Doyle, rendered in the case of Adolphus Butts, convicted of a statutory offense and sentenced to fifteen months in the penitentiary. The sentence was affirmed. Butts was convicted in the Murray County District Court. The prosecuting witness was Miss Fay Dodson, and she has a child of whom she says Butts is the father. Butts claimed that he did not promise to marry the girl though he does not deny the relations between him and the woman. The statute requires there must be corroberating evidence to support the claim of the woman in such cases where a promise of marriage has been made. Under the circumstances Justice Doyle believed the evidence was sufficient.

The judgment of the Stephens County District Court was reversed in the case of Huse Merchant, convicted and sentenced one year in the penitentiary on a charge of assault with intent to kill. The opinion in this case was written by Justice Armstrong.

The fifteen year prison sentence of E. W. Robbins, convicted in the Payne County District Court of a statutory offense in which

Viola Gallagher was the complaining witness, was affirmed by the Criminal Court of Appeals. Robbins is said to have been proprietor of a cold drink stand in Cushing and the Gallagher girl worked for him. Robbins is a cripple. He was convicted about two

years ago.

The Criminal Court of Appeals affirmed the judgment of the Stephens County Court in the case of Bill Browder, convicted of violating the prohibitory law and fined $200 and sentenced to 60 days in jail. The appeal of E. F. Glover, who was convicted in the Muskogee County Superior Court and fined $100 and sentenced to 30 days in jail, for violating the prohibitory law, was dismissed. Bail was denied Jack Slayton, Choctaw County, connected with the killing of a man by name of Moroney.

Appeals were affirmed in two cases against Harve Bolen, Nowata County, convicted of violating the prohibitory laws. He was sentenced to 60 days in jail and fined $100.

GROSS REVENUE ACT VOID

What was left of the 1910 gross revenue act after the supreme court of the United States declared the law could not apply to public service utilities doing an interstate business, was knocked out by the state supreme court in an opinion by Justice Sharp. The case coming to the state court was that of the Comanche Light and Power company of Lawton. The act originally intended to collect a gross revenue tax from public service utili'ies. The law was tested some time ago relative to the interstate business in a case brought by the Wells-Fargo Express company, and the United States supreme court held that it could not apply. In the decision of the court the point is made that it not have been the legislative intent to tax concerns doing one class of business and exempt the others, consequently if one portion of the law was unconstitutional, the other must necessarily be also. The court said: "We do not believe the legislature intended to place upon corporations doing business wholly within the state burdens greater than those imposed upon corporations doing an interstate business; at least there is nothing in the statute or in current history of the times that justifies the conclusion."'

ADDS ANOTHER POSITION

could

Governor Williams approved the bill passed at the special session of the legislature providing for the eighth assistant attorney general, who shall also be pardon and parole clerk. This gives the new position $2,100 salary. The pardon and parole clerk under the old law was paid $1,800 a year. The present pardon and parole officer, J. M. Crook, will fill the position, and his added duties will be to examine titles for the school land department.

SUPREME COURT February 15

Chief Justice Kane St. L. & S. F. R. R. Co. v. The Leger Mill company, Jackson county district court, affirmed.

Justice Turner-Planters Cotton and Ginning company v. Jesse J. Penny, Pottawatomie county district court, affirmed; W. H. Dill v. William Marks, Okmulgee county district court, dismissed; Reba F. Beatty v. Wintrode Land

company, Oklahoma county district court, affirmed.

Justice Hardy-Rock Island R. R. Co. v. H. B. Warren, Pottawatomie county district court, reversed; Cabin Valley Mining company v. Mary Hall, Rogers county district court, on rehearing reversed.

The following opinions were rendered by the supreme court commission and approved by the supreme court:

DIVISION No. 1

Commissioner Rummons-William B. Updegrove v. Gould Balance Valve company, Alfalfa county court, affirmed; Harry Hibbard v. John and Emma Ford, Cherokee county district court, affirmed.

Commissioner Collier R. H. Hughes v. H. H. Bell et al., Okmulgee county district court, affirmed; Folsom-Morris Mining company v. John De Vork, Coal county district court, affirmed.

Commissioner Brewer-Betsy Corbet v. W. C. Higgam botham, Johnston county district court, dismissed; J. P. Reirdon v. C. R. Smith, Marshall county district court, affirmed.

DIVISION No. 2

Commissioner Brett-Isabella A. McKone et al. v. S. W. Hogan, Kingfisher county district court, affirmed; James Mitchell, minor, v. W. E. B. Leonard, Choctaw county district court, affirmed; O. C. White v. Frances M. district Canadian Rukes, affirmed.

county

court,

Commissioner Hooker-A. J. Welch v. W. W. Church, reversed; Barger-Adams company v. Walker Brothers, McClain county district court, dismissed; Manuel Herrick v. Frank Devorak, Noble county district court, affirmed; J. S. Cather et al. v. W. S. Spencer et al., Canadian county district court, rehearing denied.

Commissioner Galbraith-U. S. Tubbs v. James H. Shears, Cleveland county district court, affirmed; Oma Agnes Havron et al. v. G. G. Friboth, Tillman county district court, affirmed. Rehearings were granted in the following: Globe Surety company V. First State Bank of Hewart; I. O. Stewart v. Della Grayson et al.; St. Louis Iron Mountain R. R.

Co. v. C. A. Cantrell; J. C. Allen et al v. F. B. Dillard. Rehearing denied: Harry C. Keisel v. Nancy C. Baldock et al.; ParkerGordon Cigar company v. First National Bank of Claremore; Sam Choi v. Sarah Turk et al.

DIVISION No. 3

Commissioner Dudley-John Sampson et al. v. Porter Staples, Carter county district court, original opinion withdrawn, corrected and refiled, and petition for rehearing denied; The Adams Oil and Gas company v. Frank Hudson et al., petition for rehearing denied; Frank Hudson et al. v. Richard C. Adams et al., petition for rehearing denied.

Commissioner Rittenhouse J. L. Marrs et al. v. B. S. Barnes, Adair county district court, affirmed; William Kremer et al. v. S. H. Stephens, Muskogee county superior court, affirmed; The Logan County Bank v. The Farmers National Bank of Oklahoma City, Logan county district court, affirmed.

Commissioner Bleakmore-O. P. McNair v. C. E. Underwood, Oklahoma county district court, reversed and remanded; Caffe & Carkener, eta., v. Ola Wilhite, Washington county district court, affirmed; the Board of County Commissioners v. Verna DeArmond, Oklahoma county district court, reversed; the Board of County Commissioners v. Verna DeArmond, Oklahoma county district court, affirmed.

DIVISION No. 4

Commissioner Robberts-Samuel J. Logan et al. v. James S. Schoolfield, McCurtain county district court, affirmed; Anna Knudson V. George O. Fenimore et al., Oklahoma county district court, reversed and remanded; Sam Kelly and Lucinda Kelly v. E. M. Brown, Tulsa county district court, affirmed; J. L. Byrne v. Harry and Benjamin F. Davis Kernals, Creek county district court, affirmed. Commissioner Watts-S. A. Apple and Wirt Franklin v. Westheimer and Daubs, Carter county district court, reversed; A. W. Tucker Milton and Lou Miller, Noble county court, dismissed; Harvey E. Wade v. Lena Day, Nowata county district court, reversed; Standard Savings and Loan association v. The Anthony Wholesale Grocery company, Woods county district court, reversed. Commissioner Matthews-Continental company v. Ira L. Arnold, Carter county district court, affirmed in part and reversed in part; T. J. Herron v. J. F. Harbour, Oklahoma county district court, reversed and remanded.

V.

COURT ORDERS February 15

Gin

The following orders were made by the supreme court February 15:

I. N. Bailey et al. v. George Jones. It is

hereby ordered that leave be granted to file motion to reconsider petition for rehearing; mandate stayed pending consideration.

J. S. Mullen et al. v. Rogers Noah et al. Upon motion filed February 10, leave is hereby granted defendant in error to file typewritten brief.

R. F. Graffa et al. v. A. J. Schenk. Motion to dismiss appeal is hereby overruled.

J T. Randals et al. v. Corrine Paro. Motion to dismiss appeal is hereby overruled.

First National Bank of Addington v. State Bank of Waurika. Motion to dismiss appeal is hereby overruled.

T. Vaughan v. Margarette Louis Vaughan et al. Leave to withdraw case made for correction is hereby granted, pending which motion to dismiss appeal is held in abeyance.

B. F. Stewart & Co. v. Ban F. La Fayette. Petition for rehearing is hereby denied.

Town of Hominy v. McFarland. Petition for rehearing is hereby denied.

James G. Sackett et al. v. Martha Rose. Petition for rehearing is hereby denied.

State ex rel. Love v. L. M. Poe, Judge, etc. Upon motion of the attorney general the appeal herein is hereby dismissed.

W. H. Webb v. M. O. & G. Railway company. Leave is hereby granted plaintiff in error to file typewritten briefs in lieu of printed briefs.

C. W. Wallingford et al. v. S. T. Alcorn et al., etc. Cause is hereby stricken from assignment and leave granted, as per stipulation to file briefs as follows: Plaintiff in error, extension of forty days' additional time; defendants in error forty days after the filing of plaintiff in error's brief in which to file their answer brief.

James Hobbs vs. City of Pawhuska. Said cause is hereby transferred to the criminal court of appeals for decision.

Tulsa Cotton Oil company v. Clarence Ratley. Motion to dismiss filed herein is overruled.

SUPREME COURT February 29

Chief Justice Kane-Grady county v. W. V. Alexander, Grady county district court, dismissed. Same ruling applied to cases brought by Arthur Lee Schrock et al., Lillie Isherwood et al., and Hattie Feland et al; Midland Savings and Loan company v. S. A. Miller et al., Ellis county district court, dismissed; C. S. Wingate and G. A. Riedt v. S. P. Render, Comanche county district court, affirmed.

Justice Hardy-W. F. Brakel et al. v. Alexander Scott, Okmulgee county district court, dismissed; John A. Bell v. Lillie E. Fitzpatrick, Nowata county district court, affirmed; matter of assessment of property of Stewart Brothers, Grant county court, lower court sustained in dismissing appeal brought by tax ferret.

The following opinions were rendered by

the supreme court commission and approved by the supreme court: DIVISION No. 1

Commissioner Collier-Leola Scott, nee Atkins, v. Charles E. Cover and the Tiger Oil and Gas company, Okmulgee county district court, affirmed; Rock Island Railroad company v. Forsythe & Templer et al. Stephens county court, reversed and remanded; Claremore Townsite company v. J. H. Burke, Rogers county district court, reversed and remanded; Harris-Lipsitz company v. N. Y. Oldham, Coal county district court, affirmed.

Commissioner Brewer-In re estate of James F. Ballard, Henry Ballard contestant, Craig county district court, affirmed; A. M. McClelland V. Charles Ehrig and Milton Perry Brown, Marshall county district court, reversed. Four suits decided in same way, brought by Alpha Rivers, Anna Campbell, Myrtle Lowe and Elsie Roads against school district 51, Noble county, affirmed.

Commissioner Rummons-R. C. Denson et al. v. D. A. Fowler et al., McCurtain county court, affirmed; M. M. Waide v. Atchison, Topeka & Santa Fe, Gulf, Colorado & Santa Fe and the Board of County Commissioners of Garvin county, Oklahoma county court, affirmed; Frisco Railroad company v. H. T. Richardson, county treasurer Tulsa county, and H. F. Newblood, sheriff, Tulsa county district court, affirmed; Franklin L. Burckhalter et al. v. James Vann, Craig county district court, affirmed; W. B. Scanland et al. v. Ottawa Town Board of Commissioners, Ottawa county district court, affirmed; James T. Haizlip and Minnie Haizlip v. T. J. Whitfield et al., Muskogee county district court, affirmed.