4. Instructions Covered by those Given.-Where requested instructions, so far as proper, were covered by the general charge, in language as easily understood and embracing the principles of law involved, as fully as the instructions requested, it was not error to refuse such requsted instructions.

5. Excuseable or Justifiable Homicide-Defense of Property.-Mansf. Digest, Sec. 1547, defines justifiable homicide to be the killing of human being in necessary self-defense, or in defense of property against one intending by violence to commit a felony. Sec. 1665, makes it a felony for person to wilfully or maliciously destroy any fence or other inclosure. Held, that the mere placing of his hand by decedent on a post not for the purpose of destroying the fence, but to pull it down to make a gap through which he might drive his cattle into the field, was not a felony within section 1665, justifying a killing under section 1547, especially where it was done under claim of right known to defendant. 104 S. W. 1166.

Weatherford vs. State.

Criminal Evidence-Competency. The defendant, a physician, was prosecuted for giving illegal prescriptions for whiskey in local option territory. The doctor had a lawful licence to practice medicine, but evidence was admitted to show that the only prescriptions he prescribed were for liquor to be filled at a certain bar. different persons applied for prescriptions for different ailments; some for fever and some for chills; but the prescription in each case was the same. The state was allowed to show a number of these prescriptions other than that on which the information was based on the theory that it showed system or intent.

See 103 S. W. 632, for full opinion.

REVIEWS.

A CODE OF FEDERAL PROCEDURE. Vols. 2, & 3.

By Walter Malins Rose.

Published by Bancroft-Whitney Company,

San Francisco, Cal.

In the October number of this Magazine we had the pleasure of writing a notice of the first volume of this work on Federal Procedure. Volume two and three are before us and all the good things said of the first may be said of these two as they complete the survey of the Federal Practice as laid out by the master hand of the author. Volume second takes up the work on the 'removal of causes.' giving the details of Practice as to refiling and recastings of pleadings, bond, etc. Then follows three chapters on the practice on Admiralty;' after which the author discusses the course of the various proceedings as conducted in the United States Courts and in which they differ from the ordinary procedure. The whole fortified by authority and precedent. At the close of this is an appendix covering 282 pages containing the rules of the Supreme Court of the United States, giving that information which is indispensable to intelligent and safe practice. Volume third opens with the rules in the Federal Circuit and District Courts, covering 287 pages. Then follows the practice in Bankruptcy, forms, etc. this is again followed by the practice in Equity proceedings, and in fact all the proceedings in the various departments of the law, as practiced in the United States Courts-from the first steps to the last termination of legal rights. To this volume is appended the complete index of the whole work-with a classification so natural, thorough and scientific as to make search easy and fruitful. As we said in the notice to the first

volume, few other men could be found to produce such well aranged work as Mr. Rose, who has devoted a life time to the study of Federal adjudication and practice. The complete work should find a place in every lawyers library.

AMERICAN AND ENGLISH

ANNOTATED CASES, Volume 7. Selected and annotated by the publishers' famous Staff. Published by Edward Thompson Company, Northport, Long Island.

Price $5. per Vol.

New York.

We are in receipt of volume seven of this excellent series of American and English Annotated Cases. Of all the select cases that are published none give us greater satisfaction than these. In the first place they are selected out of the mass of adjudication simply by reason of the intrinsic merit of the decision itself; secondly, when so selected, pursuant to the principles upon which it rests a search has been made for all its kindred, and grouped as a brief of the authorities that have been enunciated by the courts based on those principles; thus scientifically and logically leading the investigator from principle, in a manner that the lawyer that studies these cases and the precedents upon which they are based is gradually and continually becoming not only fortified for the particular contest in which he may at the time be engaged, but growing upward and laterally in his mental developement in the the science of the law as well as the art of practice.

In these seven volumes is now over 16, 000 citations of cases in the notes, and each volume contains 250 cases in full. To the last two volumes issued there has been added a cumulative index to the notes for all the preceding volumes, making the whole work now one of

easy reference. These Reports have from their first appearance taken a front rank with those who have examined them. There is no padding in these reportsnothing but the best out of the abundance of the material has been selected and incorporated.

BOSTWICKS' LAWYERS MANUAL.

By Charles F. Bostwick, of the New York Bar. Published by the Lawyers' Co-operat. Publish. Co., Price, $6.50 net. Rochester, New York.

Solomon long ago said that there was no end of books," yet the Jewish philosopher little knew of the resourcefulness of the 20th century. But while books may be plentiful in this Age., the tendency has been to duplicated and improve old models. With the literature of the law especially in the way of text books the professional writers have most generally followed the beaten path, and hence has arisen the expression "The things that the books don't teach." With this in mind the author of Bostwick Lawyers Manual, has found a new field, and virgin soil. The lawyer learned in the law is often confront with this question-"This is the law, but, how will I present it, or how will I draft this pleading or draft this document in proper form and approved style? Again the State and County official will ask, what kind of form should this report have to clearly convey my meaning and stand the scrutiny of those who are familiar with official business? These questions and thousands of others are answered by Bostwicks' Manual.

No other book could possibly have been published at this time to meet the needs of the hour in the new state of Oklahoma. It will be the "vade mecum" not only of the lawyer, but every state, county, and township offi

cer, as well as the officer of every corporation public and private. Later we may give more minute notice of the contents of this never-failing work. The book is elegantly printed, bound in strong Buckram, contains one thousand pages, and has a complete index.

EDITORIALS.

While there is no decisions on file from our Supreme Court in time for this issue, of The Oklahoma Law Journal, we expect to publish all of the Supreme Court de-. cisions in full, under the heading we have been carrying the decisions of the Territory of Oklahoma. The Journal will be enlarged for the purpose and the decisions printed in the most approved style for the convenience of the Bar.

On November 13th, the lumber-men of the Northwest filed a complaint with the Interstate Commission charging practically all the important Northern railroad companies with suppression of competition.

United States Supreme Court Justice, David J. Brewer, has declared himself opposed to President Roosevelt's nomination for a third term.

Chicago has again secured the Republican National Convention. There Lincoln and Garfield received their nominations, in 1860, and 1880; and there also Grant met his Waterloo in an effort for a third term.

Governor J. C. Beckham of Kentucky, will on the 10th, instant turn the executive office to his successor Agustus F. Wilson, and enter an active campaign for the United States Senate. While the state went republican on Governor he has the unanimous support of the democrats in the legislature.