same to his the takers own use, which specific proof is not necessary to support a conviction under the general larceny statute.

3. The definition of an act made an offense by statute, but not defined by it may be ascertained by reference to the common law.

1 Under the statute providing that no court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, where the process is issued on a final judgment, the court will only examine the record to determine whether the term of commitment has expired and if not the writ will be denied.

2. Where a judgment and sentence has been rendered and entered and the person sentenced is in custody thereunder, defects in the order of commitment are not available in a habeas corpus proceeding.

3. The power to punish by fine and imprisonment until such fine is paid does not include the power to add to such fine the costs of prosecution, and adjudge that upon such a failure to pay such costs they shall be satisfied by imprisonment as a part of the fine.

(Syllabus by the Court.)

E. B. Hunt, for Petitioner.

Smith C. Matson, Assist. Att'y Gen., and A. V. Copedge County Attorney, for Respondent.

EDITORIALS.

Sane Missouri Bar.-The State Bar Association of Missouri will meet in annual session at Excelsior Springs on September 23d, 1911. This is one of the most sane dates we generally see fixed for meetings of this kind—a datę when the intense heat of the summer is abating. The usual dates especially in the older states is June and July, when the heat is so intense that the men on the program close their addresses without a dry thread on them, and with throbbing in every artery and conjestive headache. Even those who are there only to listen, listen with torture in a crowded Hall with the temperature ranging from 100 to 104. To the man of ambition who desires to make a strong mental effort, no poorer dates could he fixed. Why continue such practice? We have heard men say that however great the honor to make a great mental effort under such circumstances is not worth the punishment one has to endure in such temperature. We hope this matter will be more generally agitated by all law journals,

The suit to have the smelter of the Anaconda Copper Company of Montana declared a public nuisance because of its fumes carries sixty-seven large printed volumes of evidence up to the Supreme Court, which is a record. The Standard Oil case had only twenty-three volumes of records.

Legislatures are Costly.-With reference to the purposed special session for this state figures bearing on the subject have been made public from the highest source.

Sessions of the legislature in Oklahoma have cost an average of $1,728.48 a day, according to figures prepared at the office of Governor Cruce. Five sessions have been held since statehood, beginning at December. 1907. The first continued 100 days, the 1909 regular session

lasted 66 days, the first 1910 special session lasted 59 days, the second special session of 1910 continued for 19 days, and the regular session of 1911 held on sixty-eight days. The total number of days was 372, and the appropriation for mileage per diem of members, per diem of employes, and contingent expenses of both branches amounted to $667,177.01.

Former United States Senator Roger Q. Mills, author of the famous tariff law of Cleveland's administration, died in Texas on September 2.

The Supreme Court of Oklahoma divided the body of Supreme Court Commissioners into two divisions: No. 1, and No. 2. They are at work as well as the Supreme Court proper and a large number of opinions is expected in the near future.

The Edward Thompson Company, who never turn out anything poor, are having an unprecedented demand for the new work, The Law of Motor Vehicles, by Davids. We reviewed the new book last month, and believe it a great addition to legal literature, and perhaps one of the most useful law books to the lawyers of any state, at this time.

Congress has appropriated $650,000 for the removal of the wreck of the Maine from Havana harbor. An extra appropriation of $250,000 will be necessary if the mud is to be cleared away from the debris in the hope of discovering whether or not a mine or a torpedo on the outside of the ship caused the disaster.

Have you secured a copy of "Hopkins on the Federal Code, published by Callaghan and company? It is the book for all. It does not affect your other federal books, except to show you the changed jurisdiction of the courts And the creation of the new courts. We reviewed it in the June number and deem it indispensable.

The death of Eugene F. Ware, on last July took from the Bar of Kansas one of its most interesting characters. He will long be remembered not only as a lawyer, but as a poet and prose writer. His poem on "The Prisoner, his Washer Woman's, poem, will long be read with pleasure. So will his 'Ithuriel' and the 'fall of the Saloon." Mr. Ware was 70 years old at the time of his death.

Hon. R. K. Robinson, a prominent attorney of Anadarko Oklahoma, is interested in a number of important land title cases. Mr. Robinson is a friend of our Chief Justice, John B. Turner, both being from East Tenneesee. Mr. Robinson has been in the jurisdiction of the new State since 1901, and by reason of ability and his many gentlemanly qualities has secured a good law practice.

HUMOR.

Unfortunate Firm.-A couple of attorneys opened an office under the firm name of "Ketchum & Cheatham.” Every body laughed. They had the sign repainted with "I Ketchum & U. Cheatham." The roar of the passers by became worse than ever. The following evening the newspapers announced, that, "The law partnership of Isaac Ketchum & Uriah Cheatham was this day dissolved."

Extenuating Circumstances.

"Prisoner, why did you follow this man and kick him so shamefully?" "I am sorry, but I was somewhat drunk, and really I thought he was my wife.”

Lawyer. "Madam, do you say that your husband is in the habit of striking you with impunity?"

"With what?" she asked.

"With impunity."

"Mabe he did; but, but most with his fist."

THE

OKLAHOMA

LAW JOURNAL

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

VOL. 10.

October, 1911.

No. 4.

FORM OF BILL FOR PARTNERSHIP ACCOUNTING AND FOR A RECEIVER.

To the Judge of the District Court of the United States (District instead of Circuit, after Jan. 1st, 1912), for the Western District of Oklahoma.

day of

Comes now the above named plaintiff and alleges: That on the 1911, your orator and the defendant hereinafter named, entered into a copartnership together as attorneys and solicitors; your orator engaging in bringing into the business the sum of One Thousand ($1,000) Dollars and being to receive onethird part or share of the profits, and the said C. D. engaging to bring into the business the sum of Two Thousand ($2,000) Dollars, and being to receive two-thirds part or share of the said profits.

That your orator accordingly brought into the business. the said sum of one thousand dollars, and that the said copartnership was carried on and continued until the

day of

1912, when the same was dissolved by mutual consent, and the usual advertisement of such dissolution was lawfully published. And your orator further