REVIEWS. TRIAL EVIDENCE AND CROSS-EXAMINATION. Published by Callaghan & Company, Price $3.50. Chicago, Illinois. This is a beautifully bound volume lately published as a concise manual for use at the trial table. It contains the rules of evidence and the conduct of the examination of witnesses; all stated in a concise manner and annotated with the latest and best authorities on the propositions incident in the trial of all cases. It is a vade mecum and ready-reference volume for lawyers. While a competent lawyer may be satisfied as to what the answer should be to a competent question he may often find himself unprepared to state clearly off-hand the why and wherefore of his opinion, or to furnish, on short notice an authority to sustain him. It is for this purpose that this book has been written-to furnish him the authority at a moments glance. It devotes much attention to new subjects, often contested in the courts. Evidence and its admission as to typewritten carbon copies, telegrams, photographs, telephone messages, sciographs, phonographic records, X-Ray pictures and other instrumentalities, etc. This handy little volume is indispensable to all successful trial lawyers. EDITORIALS, The Ohio constitutional convention has voted to submit to the people alternative propositions, one refusing to license saloons, and the other licensing them, but under very strict provisions. For example, two violations of the liquor law will automatically revoke a license, and no more than one saloon for each 500 of the population may be licensed. President Taft has appointed Hon. Mahlon Pitney, of New Jersey Associate Justice of the Supreme Court of the United States, to fill the vacancy made on the Federal Supreme Bench by the death of Justice Harlan. Judge Pitney was a class mate of Governor Woodrow Wilson, both graduating from Princeton in 1879. Hon. William T. Rye, of Vinita has made a partnership with Congressman James Davenport and is conducting the law business of the firm while Mr. Davenport is in Washington. Mr. Rye is a young lawyer of marked ability and a gentleman worthy of the highest attainment in the legal profession. Address Thomas F. Crosby, Muskogee, Okla., for a copy of the Case and Argument of Col. John Hallum. Every lawyer who has any Criminal Law practice should carefully read it. By a vote of 70 to 34 the Ohio constitutional convention has adopted a woman's suffrage proposal. to be submitted to the pepole as a part of the State constitution. It would allow women to participate in all elections. Hon James M. Addle, one of the leading lawyers of the Creek County Bar has successfully litigated a number of important cases for his clients in and around Bristow; but in one special case and one in which he is himself a party presents a very interesting point, and one that has not been yet directly decided by our own Supreme Court. It's interest arises out of the fact that it was tried one day before the State was admitted into the Union and by the Mayor of Bristow, who pursuant to the law then existing in the Indian Territory was ex-officio a United States Commissioner, vested with all powers pertaining to a Commissioners Court. Such being the facts, cases tried by a United States Commissioner were such as by the Enabling Act and by the Schedule of the Oklahoma Constitution passed into the district courts of the State and became entitled to appeal as if tried by a higher court and under the same rules of appellate procedure. This point is being contested and will have to be determined by the Oklahom Supreme Court. MUSKOGEE COUNTY COURT. There are pending in this Court at this time, approximately 7.600 guardianship and administration cases; in addition, this Court has civil jurisdiction up to One Thousand Dollars; criminal jurisdiction in all misdemeanors; all the Insanity work, Juvenile work, and the County Judge is Ex-Officio Chairman of the Excise Board, and is the Court of exclusive jurisdiction on all tax matters appealed from the decision of the County Treasurer and the action of the Tax Ferritt. During the year 1911, this Court disposed of over six hundred (600) Civil suits; about Eight Hundred (800) Criminal cases; handled over, Four Hundred (400) Juvenile cases; Fifty-One (51) Insanity cases, and passed on over One Thousand (1,000) seizures of intoxicating liquors and issued more than three thousand (3,000) Search Warrants. The cash receipts for this office for the year 1911 were over Sixteen Thousand Dollars, ($16,000,00), with all expenses, including the salary of Judge, being Twenty Five Hundred and Twenty Dollars, ($2.520.00) per year, totaling about Eleven Thousand Dollars, ($11, 000.00, showing the net earnings to the county of about Five Thousand Dollars, which is more than one third of the wor done by this office for which no charge is collected, this being in Juvenile and Insanity cases and also in enforcing the Prohibitory law. HUMOR. Magnate: "So the date has been fixed for our trial?" Counsel: "Yes, and so has the jury." Judge: (after a heated discussion) "What do you suppose I'm on the bench for?” Counsel: "Ah, your honor, you have the advantage of us there." Professor: "What early proceeding in ouster do we find in British history?" Student: "I don't know, sir, unless it's the case in which the snakes were ejected from Ireland." DAVE SCHONWALD, et al. Plaintiff in Error VS. JAS. H. RAGAINS, Defendant in Error. (Rendered March 11th, 1912.) No. 1505 1. Legitimate competition, by fair means, is always lawful and no cause of action accrues to one who is unable to compete with his stronger competitor, not withstanding his business be injured by the competitive strife. But unfair competition is, and always has been frowned upon by the trend of the decisions sustains the proposition that it is a violation of legal right to interfere with contractual relations recognized by law, if there be no sufficient justificaton for the interference. 2. It is impossible to formulate any general rule or definition whereby one may determine with accuracy what is fair competition and what is not. Each case must depend, for its correct solution upon its own peculiar facts and circumstances. 3. It is an actionable tort for one to maliciously interfere with a contract between two parties and induce one of them to break that contract to the injury of the other. 4. It is not unlawful for one, by fair means and lawful argument or persuasion to interfere with the contractual relations of another, and without doubt one person has the legal right to persuade another to leave his employe's service, or to quit trading with another, provided, always, such persuasion and argument is fair and not unlawful, and is made and done with the honest intent and purpose of fairly bettering one's own business, trade or employment, and not for the primary object of wrongfully destroying honest competition, or wrongfully injuring one's competitor. 5. Malice, in the sense used herein, means a wrongful act done intentionally, without just cause or excuse. ROBERTSON, C. SYLLABI ONLY. Cases Decided March, 12th, 1912. St. L. & S. F. R. R. Co. v. Coyle and tate of Oklahoma. Appeal from Cororation Commission. Reversed and remanded. W. F. Evans and R. A. Keen & DeWarde v. Fletcher et al., Error from district court Custer county Jas. R. Tolbert, trial judge. Affirmed. R. E. Echols and W. B. Merrill, for plaintiffs in error. Phil Kleinschmidt, for plaintiff in error. lips & Mills, and Massingale & Duff, 'has. West, Atty. Genl., Chas. L. for defendants in error. Moore, Asst. Atty. Genl., and C. J. Davenport, for defendants in error. Syllabus. Syllabus: 1. Whether a continuance shall be granted is in the sound discretion of the trial court. Evidence examined, and held not su.ricient to support the order of the 2. Under section 5696, compiled corporation commission appealed from. laws of 1909, in an action to recover Cook Co. Liquor Co. v. Brown, et al. personal property, if the property has been delivered to the plainti ffand the Error from County Court Carter coundefendant claims a return thereof, ty. I. R. Masn, trial judge. Affirmed. judgment for the defidant may be Sigler & Howard and Wm. Pfeiffer, for for the value of the property in case plaintiffs in error. W. F. Bowman and a return cannot be had, and damages Brown & Brown, for defendants in for taking and withholding the error. same. Stevens, etc. Co. v. Dunlaney, et al. St. L. & S. F. R. R. Co. v. Cox. Error from County Court Jefferson Error from County Court Tillman county. G. M. Bond, trial judge. county. Affirmed. Before T. E. Affirmed. Thos. Norman, for plainCampbell, trial judge. W. F. Evans, tif in error. Bridges & Vertrees, and R. A. Kleinschmidt, J. H. Grant, and Devereux & Hildreth, for defendants Stevens & Myers, for plaintiff in in error. error. Sam W. Johnson, H. P. Mc- Syllabus. Guire, and Lewis P. Mosier, for defendant in error. Syllabus. In a cause appealed from a justice of the peace to a county court it is not reversible error for the coufity In an action for damages for per-court to empanel a jury and try the sonal injuries by a section laborer same upon the evidence adduced by against a railway company, for in- the appellee upon the failure of the juries inflicted upon the plaintiff by appelant to appear when said cause the negligence of a co-employe, subse- is reached for trial. quent to statehood, the common law Maggert v. Wakefield et al. Error doctrine of the fellw-servant, insofar from district court of Canadian counas it affects the liability of the master ty. Dismissed. J. J. Carney, trial for injuries to his servant, is abrogat- judge. Wrightman, Bush & Johned by Sec. 36, Art. 9 of the Constitu-on, and Louis S. Wilson, for plaintion, which provides: "And every such tiff in error. Eagleton & Biddison employe shall have the same right to and Phelps & Cope, for the defendrecover for every injury su fered by him for the acts or omissions of any other employe or employes of the coming of a motion for a new trial conThe failure to except the overrulmon master that a servant would have stitutes a waiver of the error as to if such acts or omissions were those such ruling and all alleged errors of of the master himself in the perform-law occurring at the trial, for which ance of a non-assignable duty." a new trial would be granted. ants in error. |