ant's part, to avoid the injury, after discovering the peril of the injured person. Error from the District Court of Comanche County; Before F. E. Gillitte, Trial Judge. Reversed and Remanded. J. L. Hamon and Chas. Mitschrich, Attorneys for Plaintiff in error. Flynn and Ames, Attorneys for Defendant in error. Opinion of the court by KANE, C. J.: This was an action for damages for personal injuries, commenced by the plaintiff in error, plaintiff below, against the defendant in error, defendant below, in the district court of Comanche County, Oklahoma. The petition of plaintiff alleged, in substance that he was injured at a railroad crossing at the town of Cache, in said county, by a train of defendant's striking the wagon in which he was driving and violently throwing him to the ground. The negligent acts complained of were the failure of the employees of the defendant to ring the bell of its engine or whistle for the crossing and the failure of the company to erect a sign board as required by law. The answer of the defendant was a general denial and a plea that the injury resulted from the contributory negligence of the plaintiff. STATE OF OKLAHOMA, on the Relation of Charles West, Attorney General, Plaintiff, VS. T. S. COBB, County Judge of Seminole No. 676. Original action in nature of Quo Warranto. 1. When the ordinary original jurisdiction of the supreme court is invoked, leave to proceed must in all cases be first obtained from the court itself upon a prima facie showing that the cause is a proper one for its cognisance. 2. The right of trial by jury declared inviolate by section 19, articale 3, p. 83, Snyder's Constitution of Oklahoma, except as modified by the constitution itself, means the right as it existed in the Territory at the time of the adoption of the constitution. 3. The law in force in the Territory at the time of the admissson of the state gave a respondent in an action in the nature of quo warranto a right to a trial by jury of all issues of fact, and this right remains in force in the state. 4. The supreme court has jurisdiction of original actions in the nature of quo warranto when the issues involved are publici juris, but where on the bringing of such action it is made to appear that an issue of fact is involved or will be involved and that a jury will be demanded for the trial thereof, the same will be dismissed, as no power or procedurc exist in this court for summoning, impanelling or paying a jury. Nor have we any warrant for sending the action to any other tribunal possessing such authority for trial of such issues. (Syllabus by the Court.) PETER OLIGSCHLAEGER, Plaintiff in error. VS. ALBERT STEPHENSON. Defendant in error. No. 74. Modified. 1. Under that part of section 19, article 2, Snyder's Annotated Constitution of Oklahoma, which reads, " In civil cases, and in criminal cases less than felonies, three-fourths of the whole number of jurors concurring shall have power to render a verdict. In all other cases the entire number of jurors must concur to render a verdict. In case a verdict is rendered by less than the whole number of jurors, the verdict shall be in writing and signed by each juror concurring therein," five jurors concurring in a civil action in the county court may return a valid verdict, provided the verdict is in writing and is signed by each juror concurring therein. 2. Section 1, chapter 87, paragraph 6915, Wilson's Revised and Annotated Statutes of Oklahoma, 1903, providing for an attorney's fee, where an action is brought by any laborer, clerk, servant, nurse, or other person, for compensation for personal services, to be recovered as costs, is in violation of the fourteenth amnndment of the Constitution of the United States and void. (Syllabus by the Court.) REVIEWS. BRADBURY'S FORMS OF PLEADING, IN LEGAL AND EQUITABLE ACTIONS, ADAPTED TO CODES OF PROCEDURE. In two Volumes. By H. B. Bradbury, of the New York Bar. Published by The Banks Law Publishing Company, Price $12. New York. We occasionally hear men in the profession express themselves derogatory about forms in pleading; of these men there are two classes, the unthoughtful and the ignorant. The unthoughtful express the remark unmindful of the fact that they have become by much repetition so familiar with the requirements of the statute in such cases as they have that the essentials to the pleading naturally comes to them. The other class, especially if young and of ordinary ability, it is simply a ventilation of their vanity, and will be cured if they stay in the profession long enough and get any practice at all. But the real lawyers, the men that try and win cases-that study the requirements of the statute, that have absorbed the full meaning and idea that a pleading is a statement of the facts in concise language without repetition,that analyze propositions of law and distinguish legal rights, will not ignore approved Forms that have become precedents, which like beacon lights illumine each and every step, and remove the webs that cross and recross the pathway of the most consumate master of pleading. He will gladly carefully look over the most approved forms and see that no essential averment is omitted. Addressing this last class of lawyers, we will say, that as an up-to-date guide of Precedents there is none superior to this edition of Bradbury's, both in the extensiveness of treatment and accuracy of statement. It is the product of many years of observation and analysis of legal principles to meet the requirements on each side by the respective parties to a legal controversy, with all the incidental steps-from the first pleading in the court of first instance to the returned mandate of that of last resort. Forms that have stood the test in many hard fought battles. In a table of Cases in the front part of the first volume a key is given by which the pleader may ascertain where he may find the pleadings that determined the success of the pleader in the use of these Forms through the various courts in which they were used. This excellent work covers 2,272 pages-contains no padding and nothing superflous. Other things being equal, in the eternal fitness of things, the empire state of New York should be looked to for the best in this line of literature: since 1848 she has funished the code system to all her sister states; and again by reason of the fact that she is in the lead in matters of commerce naturally all kinds of litigation arise in that state furnishing the opportunity for a master work of this kind. These volumes have the approval of the highest courts and are finding a place in the library of every first-class lawyer wherever the English language is spoken. EDITORIALS. At the sitting of the Supreme Court on the 9th of November it is expected that not less than fifty opinions will be rendered; although of this number there will be a lot of simple dismissals, a rather larger number than usual, some for defects in the procedure on appeal and others by reaosn of the questions involved having been already decided in previous opinions. Every one of these cases will appear in our next issue; what we cannot publish in full will appear as syllabi. Among the many important cases to be determined by the Supreme Court of the United States at its present session, is the Monon railway case in which the right of the road to exchange transportation for advertising space is involved. The point in this case is one that interests almost every editor in the United States, as they have space to sell and the railroads transportation. The right to exchange these two commodities does not differ in principle from that of the farmer exchanging a few bushels of potatoes with the grocer for so much sugar and coffee or other articles he may need. The construction that in this respect was given to the Act of Congress as to editors of periodicals, is an example of the far-fetched constructions that often bring a good law into contempt. Hon. C. S. Wortman, one of the efficient members of the late General Assembly of the State, is in the active practice of the law at Claremore, Oklahoma. Since the adjournment of the legislature Mr. Wortman has centered his attention in his profession and been retained in many important cases both at home and surrounding counties; he is not allowing politics to distract him from the possibilities attainable by the wide awake lawyer. Aside from legal ability Mr. Wortman posseses other factors that greatly add to and enhance the term 'legal ability'-courtesy and affability of manner, which coupled together make the lawyer and gentleman. To the monumental work known as The Federal Statutes Annotated, a new volume has been added, as a Supplement complete and brought down to date. It includes all laws since the completion of the original ten volumes. This eleventh volume is an equal in size, quality and annotation to the preceeding ones and sells for $6. making the complete set sell for $66. instead of sixty as heretofore. All desirous of securing this additional volume should address the publishers, the Edward Thompson Company, Northport, L. I., New York. DON'T FAIL to write us for a copy of the work “Questions and Answers." A new Law Book, not only for the student, but which should be tbe constant companion of the most consumate lawyer. This great work will be mailed to you on receipt of Four Dollars. Address D. H. Fernandes, Guthrie, Okla. |