TOO MANY JUDICIAL DISTRICTS

In its investigation of state departments and institutions, the efficiency and economy commission, created by the last Kansas legislature, will look into judicial affairs, says a dispatch from Topeka.

"That Kansas has too many judicial districts is admitted by everybody, even the district judges themselves. Several attempts have been made in recent years to redistrict the state for judicial purposes or to adopt a new method whereby the district judges can be assigned to work by the chief justice of the Supreme Court. But the trouble is these reforms have always been sprung when the legislature was in session and the judges would get busy and kill them. For some reason the average member of the legislature stands in mortal fear of his district judge.

"Last winter when the judicial reapportionment bill was pending, the judges turned the screws and the members of the house jumped around like a lot of school boys. They will do the same thing next winter, unless the commission gets busy and formulates some feasible plan of consolidating districts and puts it out early enough so that the people can get the legislators pledged to the program before election day. That's the only way the judicial system can be renovated.

"Ex-Senator John Myers of Jackson County, when he was in the senate, gathered up a vast fund of information as to the number of days each district judge in the state worked for the year previous. Some of them worked less than eighty days in the whole year. Others worked night and day for the entire time. Still the drones received as much salary from the state as the hard working judges. And when the bill came up for consideration the drones had ample time to come to Topeka and lobby against the bill, defeating it.

"Of the thirty districts, perhaps a half dozen could be wiped out without impairing the judicial system. Then the judges in some of the districts, where business is light, could be assigned to assist in the districts where the work was heavy. In that way the over-worked judges would be given relief and litigants in those districts would receive speedier justice.

"The lawyers of the state would welcome such a change. They realize the injustice of the present system. But they cannot go out and make the fight for such a reform. They have to practice law before the judges. So it will be up to the laymen to make the fight and the economy and efficiency committee can start the ball by bringing in its recommendations early in regard to judicial reform."'

TAXES RUN ENTIRE YEAR

Income taxes for 1915 were assessable for the entire year, according to an opinion from. the attorney general's office rendered State Auditor Howard. The income tax law, passed

at the 1915 session of the legislature, did not become effective until June 17, and as the tax covers the whole calendar year, the question was raised by some subject to the tax, that they should not be required to pay tax on incomes covering the entire year. Investigation by the attorney general's office revealed that similar questions in other states had been decided by the Supreme Courts of those states to the effect that tax was assessable for the entire year, no matter when the law went into effect. Construing the law as does the attorney general makes a difference of about $100,000 in favor of the state.

GAS ORDER ISSUED

All corporations or firms in the state furnishing gas for domestic use are required to at all times maintain an equipment that will furnish an adequate supply of gas for heating, cooking and general domestic use, in an order issued by the corporation commission. The order is the result of an investigation lasting over several months following complaints coming to the commission from many parts of the state concerning a shortage of gas.

The order becomes effective April 20, and each one of the companies involved is directed that it must comply with the provisions of the order. A strict accounting will be required and prosecution will follow quickly any company that is found evading the order.

OIL INSPECTION LAW ANNULLED The Kansas oil inspection law, which was similar to one in force in Oklahoma up to a year ago, has been declared unconstitutional by the Kansas Supreme Court. The fees exacted by the law were intended to only go to the extent of paying for the inspection, but considerably more than that amount was collected thereby, and the court decided that instead of being a police measure the law was a revenue measure and therefore unconstitutional.

In the decision of the court it was ordered that $123,789.04 which had been collected under protest in the operation of the law, should be returned to the companies paying it. The Standard Oil Company, it is said, paid $100,000 of the amount, and gets this much in re

turn.

The court held that an inspection law which exacts fees sufficient to pay the costs of the inspection would be constitutional. A fee of 10 cents a barrel had been charged.

The decision leaves Kansas without an oil inspection law. In 1913, shortly after the law was passed by the legislature, some of the smaller oil companies began protesting against paying the fee, but were unsuccessful in gaining any relief. Their contention was that the state could pass a law under which fees covering the cost of inspection only could be charged. They claimed that it could not be

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 i 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 Oklahoma 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 for merly 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 casefound 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 verdict 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. the circumstances Justice Doyle believed the evidence was sufficient.

Under

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.

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 could 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

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.

Theo. Maxfield company, Oklahoma county court; reversed and remanded.

Commissioner Rummons-M. V. French et al. v. Premier Petroleum company, Nowata district court; reversed and remanded. A. D. Clark v. First National Bank of Marseilles, Ill., Tulsa district court; affirmed.

V.

Órders of Division No. 1-Deming Investment company v. W. C. Hoover; dismissed by plaintiff in error. Rock Island Railroad v. J. G. Davis; dismissed by plaintiff in error; Estate of Cornelia Folsom, petition for rehearing denied. R. M. Mountcastle v. Cora Miller; stricken from April assignment according to stipulation; M. K. & T. v. Dux Dabney; plaintiff in error given ten days from March 30 to file brief according to stipulation. Hen. ry Wilmering v. W. W. Hinkle, plaintiff in error; allowed until April 6 to file brief. Fidelity Mutual Life Insurance company Anna Dean et al, petition for rehearing denied. Betsey Colbert v. W. H. Higginbotham, petition for rehearing; denied. Alpha Rivers, Anna Campbell, Myrtle Lane and Elsie Roads v. School District No. 51, Noble county; all cases consolidated and petition for rehearing denied. A. M. McClennan v. Charles Ehrig, petition for rehearing denied. B. B. Eoff, sheriff, v. A. Lair; petition for rehearing denied. Dr. Koch Vegetable Tea company v. William Davis; motion to reinstate case denied. American Home Life Insurance company v. Citizens Bank of Headrick; stricken from April assignment according to stipulation. Rock Island v. Fred Brockmeier; sticken from April assignment according to stpulation.

DIVISION No. 2.

Commissioner Burford-Rock Island Railroad v. E. A. Schands, Pottawatomie county superior court; affirmed. Home Insurance company of New York v. Tennie and B. E. Mobley, Carter county district court; affirmed. E. J. Albright et al. v. M. G. Wiley, administrator, Texas county district court; reversed.

Commissioner Galbraith-L. B. Campbell v. Anna Dick et al., Craig county district court; affirmed. Tams Bixby v. R. R. Cravens, et al., Muskogee county district court; affirmed.

DIVISION No. 3.

perior court; reversed and remanded. Commissioner Bleakmore-A. W. Anderson v. A. W. Kelly, et ux., Major county district court; affirmed.

Orders from the Division-Eckles v. Reeburgh, plaintiff in error given ten days to file brief; defendant in error 20 days thereafter to file answer; D. C. Pryor v. Western Paving company et al., transferred to supreme court; Rice Stix C. G. company v. W. C. Lee et al., plaintiff in error, allowed to file brief out of time; defendant in error given 20 days to file answer brief; J. W. Graves Co. v. C. W. Ester, permission given to withdraw case-made to be corrected under direction and supervision of the trial court within 30 days from this date; Sam Horton v. Prague National Bank; plaintiff and defendant allowed to file typewritten briefs; cause transferred to supreme court; M. K. & T. Ry v. Marcus L. Taylor, stipulation as to filing briefs granted; motion to strike from assignment denied; A. H. Baughman v. Charles T. Heberd; plaintiff in error given until April 11 to file briefs and defendant in error until April 26 to file answer brief. In the matter of the estate of W. L. Byars, deceased, dismissed as per stipulation; Davidson v. Ardmore State Bank, petition for rehearing denied; Central Exchange bank v. O. D. Williams, petition for rehearing denied: Sinopoulo Oil company et al. v. Thomas A Bell et al., plaintiff in error 30 days after the motion to dismiss has been passed on in which to file brief; defendant in error 20 days thereafter to file answer.

DIVISION No. 4.

L.

Commissioner Matthews-W. M. Standley and A. B. Deming v. Lee Cruce and other members of a former board of equalization, Logan county district court, affirmed; C. J. Pendergraft et al. v. Sarah J. Phillips, Oklahoma county court; affirmed. Division Orders-Frisco and Samuel Fivecoat v. Mizzie Williams, motion for rehearing denied; Van Arsdale-Osborne Brokerage company v. R. L. Riner, et al, motion of defendant for rehearing denied; T. J. Herron v. J. F. Harbour, motion of defendant for rehearing denied; Continental Gin company v. Ira L. Arnold, motion for rehearing granted.

COURT ORDERS APRIL 5, 1916 Commercial National Bank v. S. A. Phillips. Motion to dismiss appeal overruled.

E. E. Doggett v. Anna E. Doggett. Motion for suit money overruled.

State v. Chickasha Cotton Oil company et al. Motion to dismiss overruled.

State et al. v. Chickasha Cotton Oil company, et al. Motion to dismiss overruled.

Southwestern Surety Insurance company v. J. Ramsey Davis. Petition for rehearing overruled.

Sarah Henley, nee Taylor, v. Fred W. Davis,