THE OKLAHOMA LAW JOURNAL A MAGAZINE OF INTEREST TO LAWYERS, LAW-MAKERS, LITIGANTS AND LAW LEARNERS BANK STOCK AND SURPLUS SHOULD PAY TAXES ARGUMENT AGAINST $40.00 DOCKET fee By Wm. M. Franklin, Supreme Court Clerk UNANIMITY IN VERDICTS SUPREME COURT DECISIONS LATE OPINIONS OF THE ATTORney general 21-29 Published Monthly by the Oklahoma Law Journal Publishing Company OKLAHOMA CITY, OKLAHOMA MATHEW J. KANE, Chief Justice Oklahoma Supreme Court. The subject of this sketch was born in 1863 in Niagara county, New York, and grew to manhood in that state. He graduated from Georgetown University in 1887 and in the following year came west and engaged in the practice of law at Wichita. He was an original "89er" and located at Kingfisher and continued the practice of his profession. Throughout the stirring period of Territorial days he took an active part in the councils of his party and the strenuous public life of the time and was elected as a member of the constitutional convention from Kingfisher county when statehood arrived. In the deliberations of that historic body, he was one of the recognized leaders, loved and honored for his stalwart Democracy and his unflinching loyalty to the highest ideals of American government. In the campaign for the adoption of the constitution he was chosen as a member of the Supreme Court from the Third District and was re-elected by an increased vote in 1910. He was elected Chief justice by the court in 1909 and has been twice re-elected to that honorable and exalted position. His present term expires in January, 1917 and at this time it appears that he will be the unanimous choice of his party to succeed himself. In addition to his splendid legal equipment and fine judicial poise, he has qualities of heart and mind that have endeared him to his colleagues and associates and that grap ples to him with hooks of steel a host of personal friends and admirers in every part of the state. The exalted dignity of Chief Justice of the State's highest court has not chilled his natural love for the common realities of life nor warped the democratic tendencies of his mind and to his friends the simple dignity of an American citizen that surrounds him on all occasions in his proudest distinction and highest honor. Vol. XIV OKLAHOMA CITY, OKLA., SEPTEMBER, 1915 No. 3 OKLAHOMA LAW JOURNAL banker or statesman will want to do without it. Published by OKLAHOMA LAW JOURNAL PUB. CO. 13-15 West Main Street, Oklahoma City, Okla. CHAS. F. BARRETT, Editor and Business Manager. Subscription: $2.00 per year Entered at Oklahoma City Post Office as Second Class Mail Matter, under the Act of Congress of March 3, 1879 TAKE ADVANTAGE OF THIS OP PORTUNITY. On January 1, 1916, the price of the LAW JOURNAL by the year will be advanced to three dollars and it is our purpose to give our readers a magazine well worth that price. During the month of October, we will make the following special inducement to both old and new subscribers: Old subscribers in arrearages who pay up the past due accounts at the two dollar rate and two dollars to renew their subscription will be credited to January 1st, 1917. Old subscribers, not in arrears, who renew now for one year, will have their subscriptions extended for one full year by payment of two dollars. New subscribers, beginning with the October number, will receive the three remaining months of this year free and a full year's subscription from January 1st, 1916 to January 1st, 1917 for two dollars. Take advantage of these offers NOW for they cover but a brief period and .there will be no cut in price after January first. Arrangements are being rapidly completed to make the Oklahoma Law Journal a credit to the State and to its publishers and no lawyer, court official, The lawyers of the state will find future issues of the JOURNAL invaluable since its pages will contain in addition to the addresses of the courts the syllabi of all cases decided by the Supreme Court, Supreme Court Commission and Criminal Court of Appeals. Future issues will also contain an intelligent synopsis of the decisions and addresses of the Corporation Commission, the State Industrial Commission, State Insurance Board, State Banking Board and other departments of state having authority to make rules and regulations for the conduct and regulation of business or public affairs. The article by W. M. Franklin, clerk of the Supreme Court, on another page is a sincere and earnest presentation of the arguments advanced by many leading attorneys of the state against the Act of 1915 which prescribes an increase in the "docket fee" for appeals to the Supreme Court. Mr. Franklin's position as clerk of that court, gives him superior facilities for observing the practical effects of the law and while his conclusions will not be accepted as final by the supporters of that provision in the statutes and will no doubt be challenged with equal sincerity and vigor by its proponents, his arraignment of the law is entitled to earnest and careful consideration and should arouse such discussion that the next legislature will have an opportunity to be fully informed on the subject and be ready to amend, repeal or uphold it in acordance with the Public mill. We want articles from district and county judges, county attorneys and lawyers of every political faith on the subject of the proposed amendments to the constitution providing for the abolition of county courts and a reduction in the number of jurors necessary in certain cases. These amendments are of more than ordinary importance to the people of the state and the laity have a right to look to the lawyers for convincing arguments and the production of facts supporting or opposing the adoption of either or both the amendments. Hereafter the Law Journal will contain a monthly resume of the orders and decisions of the corporation commission, the state banking board, the state insurance board, the state industrial commission and other state boards. It will carry the syllabi and articles of all the branches of the appellate courts except where the decisions or orders relate to dismissal of the case for a failure to perfect the appeal under the rules of the court and it will contain a monthly summary of the opinions of the attorncy general's department on all matters affecting the public service. These features are of general interest to all but they are of specific interest to the lawyer of general practice and to county and city officials and officers of corporations engaged in business in Oklahoma. Current Federal decisions affecting the interests of Oklahoma and her citizens will also be recalled in the pages of the Journal in succeeding issues. IN MEMORIAM: WILLIAM HENRY LEE CAMPBEll. The following tribute is from the pen of Judge Thomas H. Doyle, presiding judge of the Oklahoma Criminal Court of Appeals and will be found among the preliminary pages of value 11 of the Oklahoma Criminal Reports, just off the press. "Hon. W. H. L. Campbell, clerk of the Appellate Courts of Oklahoma from their organization until his death, which occurred as the result of an accident November 12, 1914, was born at Snow Creek, North Carolina, November 18, 1864. His early education was completed at the State University, Chapel Hill, N. C. He was admitted to the practice of law in his native state in 1888. Two years later he moved to Texas, located at Rockwall and was elected county attorney of Rock wall county. In 1895 he removed to the Indian territory, and was appointed master in chancery by Judge C. B. Kilgore er the southern district of the Indian territory. For several years prior to his election as clerk, at the first state election, he was engaged in the practice of law at Ada. He was married twice; the first time at Ardmore, in 1897, to Miss Elizabeth Bonner, who departed this life the same year; the second time, in 1910, to Mrs. Willie B. Sherwood of Chickasha. In religion he was a Presbyterian; fraternally he was a mason, member of the Shrine, and an Elk. He was buried in Fairlawn cemetery, Oklahoma City. "They brought him home and laid him down to rest, amid the scenes and friends that he loved best." Besides a host of friends, he left a devoted wife to mourn his passing and his demise was lamented by the whole legal profession. The bar at Ada on the occasion of his decease passed appropriate resolutions, wherein they paid just tribute to his memory. The members of this Court by this memorial wish to express their sorrow at his untimely end, and pay a tribute of love and respect to his memory; and as a former officer of this Court, it is fitting that we record here our affectionate remembrance and high regard for W. H. L. Campbell as a Christian gentleman, a true friend and a faithful and efficient official. "He has crossed over the river and rests beneath the shade of the trees." May he rest in peace. The October number of the Journal will be out on time and many interesting articles have been promised for that issue. There are so many matters of importance to discuss in Oklahoma and so many men and women competent to discuss them that the columns of the Law Journal have no license to be dull to the men and women who are interested in good laws and good government. The Journal will not discriminate in a partisan way in the publication of articles that are deemed worthy of a place in its columns. |