Grady Co. & c. v. Chickasha Cotton Oil Co. Upon motion filed April 4 the above causes are hereby stricken from assignment pending ruling on motion to dismiss.

Moffitt & Nellie Conly. Upon application filed herein Messrs. McGuire & Devereaux are hereby granted leave to file briefs amici curiae within ten days from this date.

K. C. M. & O. v. Wm. McDaniel. Stricken from assignment as per Stip.

H. E. Swan v. F. B. O'Bar Oral argument granted to be made 4-21-16

Nat'l. Surety Co. v. Okla. Nat'l. Life Ins. Co. Stricken from assignment as per stip.

North River Ins. Co. v. Pat O'Connor. Deft. in error allowed 20 days from April 7 to file brief.

Walton Harris v. A. H. Chapman et al. Stricken from April assignment, upon stipulation.

Dodson & Williams v. J. D. Parson. Plaintiffs in error granted leave to file briefs out of time and to do so instanta.

Frank Young v. Barney Davis. Motion to set aside order dismissing appeal, denied.

S. J. Edmunson v. S. T. Porter. Stricken from April assignment.

City of Enid v. Warner-Quinlan & Co. Stricken from April assignment as per stipulation.

M. L. Price et al. v. J. E. Barks. Plaintiff in error allowed 15 days from April 6 to file brief and request for oral argument denied.

K. C. M. & O. Ry. Co. v. J. A. Leuch. Plaintiffs in error allowed 20 days from April 6th to file brief.

V. V. Thorpe v. St. L. & S. F. R. Co. Transferred from Div. No. 2 Comm. to the Supreme Court for reassignment.

Cleveland County v. E. B. Johnson. Plaintiff in error request to file typewritten briefs denied.

Godliev B. Yauk v. Frank Rogers. It is ordered that Chas. B. Swindall, attorney for defendant in error, forthwith return to the clerk of this court the record in the above

cause.

Commerce Trust Co. v. State of Okla. Order of submission heretofore made is vacated and cause continued for the term and plaintiff in error given until May 1st, 1916 to file brief.

Sarah E. Primous v. B. F. Worts et al. Stricken from April assignment as per stipulation and plaintiff in error given until May 14th to file and serve brief herein.

W. H. Aaron et al. v. American Nat'l. Bank. Permission is given for the defendant in error to withdraw the case-made for the purpose of correction, the same to be made before the trial judge, upon 10 days' notice to the opposing party, the record to be returned to the clerk of this court within 30 days from this date.

L. H. Kellar Co. v. Peter McGraw. Messrs Potterf & Gray are allowed to withdraw their name as counsel for the defendant in error, Chas. McGraw.

Stricken from assignment as per stipulation.
T. M. Huffine et al. v. T. A. Sheriff. De-

fendant in error granted 30 days from this date in which to file brief.

Braden v. Panther Creek Oil Co. Motion asking for an additional injunction bond should be granted and defendants in error required to file new bond with the clerk of the supreme court on or before April 21, 1916, to be approved by such clerk.

Sah-ta-quan-ney v. Eldridge et al. Stipulation to strike from assignment granted.

B. L. Adams v. Iten Biscuit Co. Set at hell of docket.

St. L. & S. F. R. Co. v. Mrs. Mattie M. Lawrence. Death defendant in error suggested; case continued and leave to supply record as per stipulation.

Chas. A. Little v. D. H. Hallock. Continued and time to file briefs granted as per stipula

tion.

S. J. Cooper v. Sallie E. Gibson. (Same as order as last above.)

A. J. Henthorn v. A. E. Tidd. Submitted plaintiff in error; granted leave to file brief instanter and defendant 20 days thereafter to answer.

Lumos Cotton Gin Co. v. Butler St. Bank. Submitted on motion to dismiss. Motion to amend and objections.

State & Co. v. Chickasha Cotton Oil Co. (On first sheet).

Clara Remarkis v. Anna Reid. Submitted defendant in error 20 days time in which to file brief.

Rachel Spright v. W. E. Rowsey. Plaintiff in error 10 days to file reply brief.

In re-appeal of Texas Co. Dismissed on motion of appellant in open court at its cost. In re-appeal Gulf Pipe Line Co. Passed for present. Plaintiff allowed time to brief. In re-appeal Gulf Pipe Line Co. Allowed time to brief.

J. T. Kramer v. Gypsy Oil Co. Stricken from assignment and submitted on motion to dismiss.

SUPREME COURT COMMISSION April 18, 1916. DIVISION No. 1.

on ap

Commissioner Collier-Three cases peal by the Liverpool and London and Globe Insurance company, from Pottawatomie county district court, involving same question, reversed and remanded; Rock Island Railroad company v. S. C. Craig, Garfield county su perior court, reversed and remanded.

Commissioner Day-Grant Sooter v. Grant James, Major county district court, affirmed.

Division Orders-Alford B. Roberts v. Cora Exploitation company, petition for rehearing denied; Fidelity Fire Insurance company v. James G. Clevelan et al., petition for rehear ing denied; W. B. Updegrove v. Gould Balance company, petition for rehearing denied; J. P. Reardon v. Charles Wente et al, stricken from April assignment upon stipulation; M. K. & T. R. R. company v. Robert A. Dabney, appeal dismissed by plaintiff at plaintiff's cost; W. J. Whittaker v. H. M. Chestnutt, plaintiff in error given 10 days from April 18 to file answer, response and resistence to

motion to dismiss appeal. Case stricken from April assignment upon stipulation; F. M. English v. H. O. Severns et al., defendant allowed, upon stipulation, 20 days from April 10 to file brief; Loth-Hoffman Clothing company v. Paul Schwartz, leave granted plaintiff to file brief out of time and to do so instanter; John B. Jordan et al v Sarah J. Mullendore, stricken from April assignment stipulation; Moline Elevator company v. Loween Real Estate and Investment company, additional time to file petition for rehearing granted and the time for filing said petition for rehearing extended five days from April 18; J. C. Terry v. A. C. Haynes and C. E. Miller, plaintiff given 15 days in which to file brief.

DIVISION No. 2.

Commissioner Burford-P. E. Heckman v. Mamie A. McQueen et al., Muskogee county superior court, affirmed; Lucy Childs v. James S. Moore and the Interstate Land company, Okmulgee county court, affirmed; T. B. West v. Tillie Tilley, Kiowa county district court, affirmed; Josiah N. Shippey et al. v. Jacob A. Bearman, Tulsa superior court, affirmed.

Commissioner Galbraith-Godlieb B. Yauk v. Frank S. Rogers, Rogers county district court, reversed; Springfield Fire and Marine Insurance company v. E. B. Cockrell Holding company, Oklahoma county district court, reversed.

ORDERS

Springfield Fire and Marine Insurance company v. Hayes & Sons, rehearing denied; W. M. Campbell et al. v. Wright Thornbaugh, dismissed.

Margaret E. McCracken, guardian, v. Travelers Insurance company of Hartford, an order denying petition for rehearing.

Chicago, Rock Island & Pacific Railway company v. E. T. Quigley, an order denying the petition for rehearing.

C. B. Smith v. M. D. Smith, et al., an order dismissing the appeal in the above cause at the cost of plaintiff in error, per stipulation of counsel filed therein April 13, 1916.

Gottlieb B. Yauk v. Frank Rogers, an order denying the motion to dismiss filed in said cause.

J. L. Rogers v. Milliken Oil Co.-An order extending the time of the plaintiff in error for filing brief until April 15, 1916, and allowing the defendant in error forty days thereafter to file reply brief, and the plaintiff in error ten days after the service of reply brief to reply thereto, and that said cause be stricken from the April assignment and continued for the term, per stipulation of counsel filed April 17, 1916.

Albert Swayden v. J. B. Ellis-An order allowing defendant in error twenty days from this date in which to serve and file brief.

F. M. Rucker, et al. v. J. P. Mason, et al. an order extending the time of the plaintiff in error for filing briefs twenty days from this date, and giving the defendant in error twenty days thereafter for serving reply brief, and striking said cause from the April,

1916, assignment, and continuing same for the term, per stipulation of counsel filed April 10, 1916.

J. R. Brown v. Osborne Anderson-An order striking said cause from the April, 1916 assignment, and continuing for the term, and setting same for oral argument at the July term, per stipulation of counsel filed April 13, 1916.

Matilda B. Langley, a minor, v. E. E. Ford, consolidated with the case of Clyde E. Lang

ley v. E. E. Ford-An order striking said cause from the April, 1916, assignment, and continuing the same for the term, and setting same for oral argument at the next regular term of the court, per stipulation of counsel filed therein.

Muskogee Electric Traction Co. v. Jas. W. Phillips-An order dismissing said cause at the cost of plaintiff in error for failure to prosecute.

Scott Tiner v. Bay Ward-An order on the plaintiff in error to put up $10 additional cost within ten days from this date.

T. S. Wilcox, v. R. Wooten-An order extending the time of the plaintiff in error for serving and filing brief until May 1, 1916, and allowing the defendant in error twenty days thereafter for service and reply brief.

Cross Township, Kay County v. W. L. WalJace-An order transferring said cause to division No. 3 of the commission.

C. R. I. & P. Ry. Co. v. Robt. L. RinehartAn order transferring said cause to division 3 of the commission.

M., K. & T. Ry. Co., v. I. B. Jesse--An order striking said cause from the April, 1916, assignment, and allowing the defendant in error twenty days after the twentieth day of April, 1916, in which to serve and file brief and the plaintiff in error ten days thereafter in which to reply and continuing said cause for the term.

DIVISION No. 3.

Commissioner Hooker--Guthrie M. & E. company v. Howe Grain and Merc. company, Logan county district court, affirmed; Midland S. & L. Company v. Shell, Texas county district court, reversed and remanded; Hartford Fire Insurance company v. Mathis, Major county district court, reversed and remanded.

Commissioner Rittenhouse-Haurmair National Bank of Commerce, Tulsa county superior court, reversed and remanded; First State Bank of Mannsville v. Horton, Marshall county court, reversed and remanded.

Commissioner Bleakmore-John Brown v. E. A. Calvert, Coal county court, affirmed; R. C. Davenport et al v. Clarence William Doyle, Okfuskee county district court, affirmed.

Orders-Jacob M. Lewis et al v. Nancy Lewis, petition for rehearing denied; First National Bank v. Oklahoma Railway company, stricken from assignment as per stipulation; Rena Williams v. M. L. Dersell, motion to dismiss denied; Midland Valley Railroad company v. Della Ogden et al., petition for rehearing denied; The North Healdton Oil and

Gas company v. Skelly et al., defendant in error given 20 days additional in which to file brief.

Ed H. West v. Board of County Commissioners, plaintiff in error given until May 15 in which to file brief reply, stipulation filed April 17 to give plaintiff in error until June 15 is denied; McCossar et al. v. Chapman transferred from division 3 to division 2; Midland S. & L. company v. Nickell, transferred from division 3 to division 2; Cross Township v. W. F. Wallace, transferred from division 2 to division 3; Rock Island Railroad v. Rinehart et al., transferred from division 2 to division 3.

DIVISION No. 4

Commissioner Davis-Bruce L. Keenan v. Robert Chastain et al., Cherokee county district court, appeal dismissed for want of jur isdiction; Mollie Ezzard v. State National Bank, Oklahoma City, Oklahoma county district court, affirmed; National Bank of Poteau v. M. C. Lowrey, La Flore county court, reversed and rendered.

Commissioner Watts-Sovereign Camp v. Mrs. Daisy Jackson, Bryan county district court, modified and affirmed.

Commissioner Matthews-M. J. Moore et al. v. E. J. Kelly, Jefferson county district court, reversed and remanded; J. Van Buskirk v. W. E. Grisso, Seminole county district court, reversed and remanded with instructions; Deming Investment company v. Charles McGrady, Tulsa county superior court, af firmed.

SUPREME COURT ORDERS
April 18, 1916.

J. W. Correll v. Henry Kroth.

Upon motion filed April 8, 1916, said cause is advanced and set for next assignment of cases.

Mary L. Simpkins et al. v. David A. Ware. Time to file briefs granted, as per stipulation of April 7, 1916.

James W. Lusk, et al. v. John J. Gayman, et al. Upon motion filed April 14, 1916, said cause is advanced and set for next assignment of cases.

Rachek Spight, etc., v. W. E. Rowsey, et al. Upon application filed April 10, 1916, plaintiff in error is granted leave to file reply brief within thirty days.

Commercial National Bank of Checotah v. S. A. Phillips and First National Bank of Soper v. F. L. Beecher. Upon application filed in the above entitled causes, the same are advanced and set for next assignment of

cases.

Barney Davis v. Frank Young; motion to reinstate is transferred to supreme court for consideration, as per motion filed April 14,

1916.

S. J. Cooper v. Sallie E. Gibson, et al. Upon stipulation filed April 11, 1916, time to file brief is granted, and cause is continued for term, all as per said stipulation.

J. A. Harris, et al. v. Herman Muecke, et al. Upon motion filed April 11, 1916, said cause is hereby advanced and set for next assignment of case.

Charles C. Groves v. Nellie Strouder. Upon stipulation filed April 13, 1916, time to file brief is granted and cause continued for term, as per said stipulation.

Midland Valley Railroad company v. Della Ogden, admx., etc. Upon motion tiled April 13, 1916, said cause is transferred upon petition for rehearing to supreme court for consideration.

Connell Rogers, county treasurer, v. Bass & Harbour. The case made herein is ordered amended as per stipulation filed April 12,

1916.

DIVISION No. 1. April 25, 1916

Commissioner Rummons--C. B. Brown and the Carlisle Commission company v. Great Western Hay & Grain company, Washington county district court, affirmed. Commissioner Collier-W. H. Maston Chandler Building and Loan Association, Lincoln county district court, affirmed.

V.

Commissioner Day-First National Bank of Addington v. Mrs. J. M. Shell, Jefferson county court, affirmed; J. M. Miller v. Eva Noble, Carter county district court, affirmed.

Orders-A. P. Reirdon v. C. R. Smith, previous order withdrawing opinion for correction, set aside and rehearing granted; Annie Bryan v. Orient Lumber company, petition for rehearing withdrawn upon stipulation; M. Rumley company v. John Koetter, motion to revive denied for want of jurisdiction because of insufficient notice; George W. Wood v. Bob Jones, defendant in error given ten days from April 19 to file briefs upon stipulation; State of Oklahoma v. George W. Bellamy, oral argument on petition for rehearing granted to be heard at 10 o'clock, May 5; Western Union Telegraph company v. E. L. Orr, defendant in error given until May 15 to file briefs; George W. Moody v. Ellis Kelley, stipulation to file brief stricken for the reason that the cause was dismissed prior to filing the stipulation; First National bank v. J. P. Coats, rehearing granted; A. F. Hennigh et al. v. Lem Reeves, motion of plaintiff to strike assignment denied because filed after dismissal of cause for want of prosecution.

DIVISION No. 2.

Commissioner Burford-A. R. Nelson v. 0. L. and Olga Eichoff, Oklahoma county court, affirmed; Globe Surety company v. First State bank of Hewett, Carter county district court, dismissed.

Orders-Rock Island v. A. E. Shands, argument on petition for rehearing May 2; John A. Williams v. John Arends, argument on petition for rehearing May 2; Southern Surety and Insurance company v. Board of Commissioners of Carter county, oral argument May 2; Davis et al. v. Ball, oral argument May 2; J. H. Thigpen v. Julius Deutsch and Thomas Risden, stricken from April assignment, plaintiff in error given 30 days to serve and file brief, defendant in error given 30 days thereafter to file brief and cause continued to the July term; J. R. Sutherland and Otto Barbe v. Fred Taintor, petition for

rehearing denied; Tulsa Rig, Reel and Manufacturing company v. John H. and Etta Arnold, plaintiff's petition for rehearing denied; Gurlach bank of Woodward v. D. C. Herd, defendant in error's motion to affirm order dismissing judgment of trial court denied, plaintiff in error given ten days to serve and file brief, defendant in error given 20 days thereafter for reply brief, motion to continue for term denied; City of Lawton v. Jennic B. Johnson, dismissed at plaintiff's cost; George Wolff v. German American Farmers Mutual Insurance company, 20 days given both sides to file brief; David Ross v. B. F. Wirts, 30 days from April 21 for defendant in error to file and serve answer brief, plaintiff given 20 days to serve reply; Mattie Dandridge v. P. C. Dandridge, defendant given 30 days from April 21 to file and serve reply brief; James M. Barnett v. John S. Bilby, stricken from April assignment and set for oral argument in July term; Sallie Chissoe Childers et al. v. Jacob Folsom, et al., order dismissing appeal vacated and cause re-instated, plaintiff given 15 days from date to file brief and defendant 20 days thereafter to file reply, application to file brief in another case denied.

DIVISION No. 3.

Commissioner Rittenhouse-W. H. Paul v. First State bank of Pauls Valley, Garvin county district court, reversed and remanded; Oklahoma Fire Insurance company v. Marie Kimpel, Muskogee county superior court, judgment rendered; David Hawkins v. Boynton Land, M. & I. Company, Creek county district court, affirmed.

Commissioner Hooker-George M. Werline v. Salmon C. Aldred, Woodward county district court, affirmed; Brown et al. v. Williams et al., Caddo county court, affirmed; Barteldes Seed company v. Mitchell et al., Oklahoma county superior court, affirmed.

Commissioner Bleakmore-Mark L. Bozarth et al. v. John O. Mitchell et al., Tulsa county district court, reversed and remanded; Walter Reynolds et al. v. M. M. Ryan, LeFlore county court, affirmed.

Orders-Bryan County State bank v. Com. National bank, dismissed for want of prosecution; First National bank v. A. W. Everett. dismissed for want of prosecution; Midland Valley Railroad company v. W. Y. McLemore, plaintiff 30 days from April 26 to file brief, defendant 30 days after that to file answer, stricken from assignment; McHenry v. Gregory, opinion withdrawn, corrected and refiled, petitions for rehearing denied; Pittsburgh Mtg. and Inv. company v. Robine et al., plaintiff in error given until June 15 to file reply brief; Edger Kerr v. J. H. Holland & Son, appeal dismissed; P. J. Nicholson v. M. C. Binion et al., plaintiff given until May 5 to file briefs, defendant in error given until June 5 to file answer brief; Rock Island v. S. W. Hammock, dismissed on motion of plaintiff in error; Emmet Brewer et al. v. Jackson Perryman et al., defendant in error, J. S. Dodson given until May 28 to file brief; A. S. Cleveland et al. v. W. E: Lumpkin et al., motion to amend petition in error by incorporat

ing an additional assignment of error denied; J. H. Bach v. William Howald, mandate stayed pending hearing on petition for rehearing. DIVISION No. 4.

Commissioner Matthews-W. D. Oliver v. Arthur White, Custer county court, appeal dismissed; St. Louis Carbonating and Manufacturing company v. Lookeba State bank, Caddo county court, reversed and remanded; St. Louis Iron Mountain and Southern Railroad v. W. P. Farley and Heber Skinner, Rogers county district court, appeal dismissed.

Commissioner Davis-L. W. Lindsey and Lilah D. Lindsey v. Elizabeth Goodman et al., Tulsa county superior court, affirmed; Boarigie Bros. v. Quinn Berry Tea company, Cherokee county district court, appeal dismissed.

COMPENSATION FOR ERYSIPELAS
DENIED

In the case of Lyon F. Terry v. Wolverine Oil company, in which the plaintiff asked compensation because of erysipelas in one of his feet during his employment with the company, the industrial commission decided that the defendant company could not be held responsible in any way, and compensation was denied.

From the statement of facts it is given that Terry while employed in certain work wore a pair of sixteen inch boots, which because of the fact that he had not been accustomed to heavy boots, rubbed a hole in heel of foot, which later developed erysipelas. The boot had more or less irritated his foot since first going into the field on December 5, but the infection did not show up until December 21.

The commission disposing of the case said: The question presented in this case. is whether the injury suffered by claimant is one coming under the provisions of the workmen's compensation law.

Injury is defined as follows in sub-section 7, section 3, article 1:

"Injury or personal injury" means only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom.

There can be little question but what injury arose in the course of employment, but is it one arising out of employment also? It is necessary that the injury should arise out of as well as in the course of the employment, and without it does both the statute is not satisfied.

"Accidental" is defined-Corpus Juris, vol. 1, page 396:

"Happening by chance, or unexpectedly taking place not according to the usual course of things; casual; fortuitous."

From the agreed statement of facts, it shows that his foot was irritated from December 5, that infection did not develop until December 21, that he continued to wear the offending shoe, and while we will not criticise claimant for so doing, it can hardly be said that it happened "by chance, unexpectedly;

or

not according to the usual course of things."

In the case of White v. Sheepwash, reported in vol. 3, Butterworth's Workmen's Compensation Cases, page 382, decided in 1910(Great Britain), the court held:

Facts Claimant was a general laborer and in sowing bone manure got his boots wet, put them away and did not use them for about a month and then wore them for about one week. In the course of his duties one day after putting boots on, his work was to walk behind and attend to a seed drill. Injured's foot became raw and inflamed and blood-poisoning set in. The court in its opinion said: "The inference of fact which I draw from the evidence is that his toe was injured by the pressure of a boot, which had shrunk and become too tight for him."'

It was contended that, even on this assumption, his case came within the Workmen's Compensation Act, and entitled him to compensation under it. To establish this it must be shown (1) that the injury was the result of an accident and (2) that the accident arose "out of" as well as in the course of employ.

ment.

An accident has been defined by Lord Macnaghter as an unlooked for mishap, or an untoward event, which is not expected or de signed and this definition has been quoted and approved in the most recent case decided by the House of Lords.

Can the scraping of his toe be regarded as an event unlooked for or unexpected by the wearer of boots which had become hardened and shrunk so much as to be too tight for him? I should say that from the first moment he put them on such a result must be regarded as not only probable but most inevitable.

In my opinion the injury by the applicant was not the result of an accident within the meaning of the act. Neither in my opinion, did it arise out of his employment. My award must therefore be in favor of the respondent."

A case more nearly in point could scarcely be found.

The claimant has cited cases arising on accident insurance policies, but the commission does not consider these citations applicable, for the reason that the policies sued on do not require that the accidental injury should arise ment.

out of" and in the course of employ

White v. Sheepwash-Supra, has been followed by a number of the American states, and as this commission finds no authorities to the contrary, compensation will be denied. The opinion was written by Commissioner McDonald.

Commissioners Jackson and Blessing concur.

COMMISSION'S ORDER UPHELD

That the corporation commission has jurisdiction to fix prices at which cotton may

be ginned, was upheld by the Supreme Court in a case which the Oklahoma Gin company appealed to the high court. The commission fixed a price of 50 cents per 100 pounds for lint cotton, a maximum price of $2.50 a bale and $1 for bagging and ties, and said this price and no other should be charged by the Oklahoma Gin company. The commission fixed the prices on the question of reasonableness and a fair return on the investment. The court held that burden to show otherwise rested upon the gin company. The final action in the case will be of importance in the cotton industry in the state.

GENERAL EFFICIENCY ORDER

The corporation commission has issued an order requiring that all gas distributing corporations in the state must equip and maintain at all times their pipes and plants so that an adequate supply of gas may be furnished to consumers. The order becomes effective April 20. This action is taken following many complaints that have come to the commission during the last several months. Especially during the winter months have there been complaints of gas shortage. Heroic efforts have been made by the commission to bring about a better service and it has seen fit to take this action in the matter. A strict checking up of the results of the order will be made by the commission, and prosecutions will follow promptly where necessary in order to enforce the order. This applies to every corporation in the state distributing gas for domestic consumption.

DAMAGE SUITS FOLLOW ACCIDENT

Six damage suits resulting from a collision of an Iron Mountain train and a wagon filled with school children at Inola recently have been filed in the Oklahoma county district court against the railroad company, aggre gating $100,000. Ruby Reynolds, 11 years, claims $15,000; Joe Reynolds, 6, $15,000; Thelma Reynolds, 8, $15,000; R. A. and Annie Reynolds, for death of daughter, $25,000; Eva Stiles, widow, $30,000 for death of husband, driver of wagon. The children were being

taken to a consolidated school when the accident happened.

WANTS TO BE A SOLDIER

After District Judge Oldfield today had sentenced John Meisberger to three years in the penitentiary, on a charge of possessing a forged check, the judge remembered that the prisoner had previously asked the judge to be as lenient with him as possible because he wanted to join the navy and serve his country, the judge called Meisberger back and changed the sentence from three years to one year. Meisberger said that as soon as he served his sentence he would immediately join the navy. With good behavior he will get out of prison in about seven months.