ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY.

Are the people of Oklahoma aware of the fact that there is an important railroad system in the state that is unqualifiedly law abiding? Strietly law abiding? Well, there is such a railroad, and it is commonly known as the Iron Mountain. It traverses the State of Oklahoma a distance of 163 miles through one of the most fertile parts of the state as well as its most interesting oil fields of northeast Oklahoma.

When the Constitution of the state with its self-executing provision of a two cent rate was placed in force, this railway company respectfully submitted. Many other roads combined to evade the state rate provision. This one could have done the same, and at least for a time have imposed upon the people a three cent rate. It could issued coupons for the one cent a mile taken from the people, well knowing that one-half of them would never be presented when the United States Supreme Court decides that this State has the absolute right to establish its local self-goverment. But it did not do so. Its management had too high a conception of fair dealing to stoop to such schemes, and too high a regard for the good will of a state that should always be mutual for the welfare of both.

Now we ask, what is the duty of Oklahoma citizens towards this Railway Company? Shall honor, fairness and respect for our state laws pass unnoticed and unappreciated? The Iron Mountain Railway company deserves credit and should have the unqualified patronage and respect of every Oklahoman and of every American citizen who may have occasion to visit this section of the State. Whether you enter the State at Fort Smith from the south or at Coffeyville from the north you will find the best of railroad service, and besides save one dollar every hundred miles you travel. Prospectors should make diligent inquiries concerning connections with this Road.

The decision of the court in the case of the Standard Oil and tobacco trusts will decide whether the government will continue its attempt to bring about the dissolution of the monster combinations of capital.

A matter of much importance is the case of the Hipolite Egg Company, whose canned eggs were seized by the government after they had reached their destination. The Egg Company declares that then they had ceased to be an article of interstate commerce, and if the Supreme Court upholds their contention the Department of Agriculture will be greatly restricted in its enforcement of the pure-food law.

On December 31 General Estrada was elected president of Nicaragua amid scenes of much enthusiasm. He issued a decree granting amnesty to all political exiles, ordered the burning of instruments of torture in the prisons, advocated complete religious freedom and a modern system of education, and promised not to interfere in Central American polities. President Taft sent a message of congratulation, and authorized formal recognition of the new constitutional government of Nicaragua.

Chief Justice John B. Turner. At the first January meeting of the Oklahoma Supreme Court, Honorable John B. Turner, for several years Associate Justice of that Court was elevated to the distinguished position of Chief Justice, and will during the year 1911, preside over its deliberations.

To those acquainted with Judge Turner, this will be pleasing news, as the Judge has thousands of warm and sincere friends over the State, not only among the members of the Bar, but also among the masses. It is only necessary to know Judge Turner to respect and esteem him. Originally from Mississippi, he has the charm of the cultured southern gentleman, and his amiable dispo sition and broad knowledge of mankind endears him to all irrespective of state or section. His familiarity with Indian treaties and the conditions existing at the time of statehcod, coupled with his deep knowledge of

legal principles has enabled him to decide most acceptably many intricate questions that have come before this high and distinguished court. His decisions on the Creek Land Titles and many other questions will ever remain monuments to his credit. When, in the near future, the fair-minded historian shall illumine the pages of Oklahoma history with the noble characters that will adorn the constructive period of this grand State-be it judicial, executive or legislative, no honored name will greet the eye with greater luster than that of Chief Justice John B. Turner.

Hon. W. A. Corley, an up-to-date lawyer, was at the recent State election the successful candidate of Adair County for County Judge. He has opened his office at Stilwell, the new County-seat.

HUMOR.

An old man was before an illiterate police Judge, charg ed with being drunk and disorderly. When asked what he had to say, he began: "Your honor, 'Man's inhumanity to man makes countless thousands mourn.' I'm not as debased as Swift, as profligate as Byron, as dissipated as Poe, as debauched as

"That will do!" thundered the magistrate. "Ten days! And, officer, take down the list of those men he just gave us and run them in. They are as bad as he.'

"You have a tough looking lot of customers to dispose of this morning, Judge." Remarked a friend of the magistrate that had dropped in.

"Huh!" rejoined the Judge. "You are looking at the wrong bunch. Those are the lawyers."

THE

OKLAHOMA

LAW JOURNAL

VOL. 9.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

February, 1911.

PRESIDENT'S ADDRESS.

No. 8.

By Hon. T. J. Womack, President of the Oklahoma State Bar Association, as delivered on the 28 day of December 1910, at the annual Bar Meeting in Okla. homa City, Okla. (Continued from page 265 of the January Number of this Journal.)

Chapter 51, Senate Bill No. 36, providing for the Service of Process, Summons and Subpoenas, is another of the wise, just and wholesome laws enacted during the year. It is a long step in the direction of the due administration of justice without delay and unnecessary expense, and to its author, a lawyer and judge, the state of Oklahoma and is citizens owe a debt of gratitude. Its only defect which we have been able to detect is the lack of a simple, comprehensive and complete means of making and filing proof of the service of process and subpoena. The proof of service, by the express terms of this act is limited to the service of summons. This statute should be amended by the legislature, soon to convene, so that due proof of service of process and subpœnas must be made and filed in the proper court by the officer or person making the service.

The act regulating the sale of cocaine and noxious and dangerous drugs and providing a penalty for its violation, is thought also to be of that class of legislation which should meet with approval by all good citizens and its due enforcement will doubtless result in great, lasting and permanent good to the state at large,

and restrain the unfortunates who may have become addicted to the use of such drugs. If, however, it is not energetically and rigidly enforced and should be permitted to lie in a dormant state, would but only too well serve the purpose of the physician, dentist, veterinarian and druggist, who, for the sake of the profits arising from the sale would not hesitate in violating its provisions.

The establishment of a State Home for Dependent Children was created by House Bill No. 27, Chap. 55 Session Laws 1910. The spirit and charitable impulses which prompted the legislature in taking action upon this subject are commendable and possibly the establishment of such home will tend to bettering the conditions of the dependent children of the state. This enactment falls far short of covering the objects of public charity and protection, in that it discriminates in favor of white children only to the exclusion of the dependent Indian and Negro children, as well as all others not of the Caucasian race. It is the opinion of the writer that in its present scope and form it is of very doubtful utility and may or may not prove to be a part of useful legislation. In this state it is an experiment out of which we can but hope good and lasting benefits may come.

The act prescribing the practice and procedure for the trial by jury in cases brought in the Supreme Court, while exercising its original jurisdiction is a comparatively new feature in the science of jurisprudence. And until such an enactment has been sufficiently tried, its wisdom and usefulness or otherwise, can not well be approved or condemned. Suffice it to say, however, that its context does not display that careful preparation and consideration which should be adopted by a court of last resort.

Chapter 57 of Session Laws 1910 imposes a License Tax upon foreign and domestic corporations and prohibits either class from doing business within the state without having first paid the tax imposed and secured to be issued to it by the Corporation Commission a license therefor. Certain clases of corporations are exempted