law of (h)entails? The American who answered the toast speech, assured the English brother that the American lawyer might be weak on hentails, but he challenged the world as to American lawyers knowledge of cocktails.

Law Examiner.-What is an accommodation Note?" Student. "One which the maker doesn't have to pay until he gets ready."

A rather stupid Irishwoman was a witness in a recent case. Her evidence surprised the Judge who interrupted her with the question: "Madam, do you understand the nature of an oath?"

She replied: "I should smile if I didn't. Me husband put up the stove and pipes this very mornin."

Inaptitude of Witnesses.-One was ask, "Upon what ground did the defendant refuse the goods?" The Witness. "In the backyard."

Another was asked, "Are there any encumberances on your land? No Sir, nothing but pines," he replied.

The City of Oklahoma City, Relator.

VS.

The Oklahoma Street Railway Company,

1.

Respondent.

(Supreme Court of the State of Oklahoma.)

No. 2.

When there is a grant and acceptance of a public franchise which involves the performance of a certain service the person or corporation accepting such franchise can by mandamus be compelled to perform such

service.

2. The provisions of section 13, art. 9, of the constitution do not prohibit a municipal corporation oper

ating a street railway, furnishing transportation free to its policemen and firemen and United States mail carriers, and half rate tickets to shool children, and free transportation to children under a certain age whilst traveling with a parent or guardian.

3. Municipalities are not prohibited by the provisions of sec. 13, art. 9, of the constitution, from granting franchises for street railways with conditions contained therein for the carrying of policemen, firemen, United States mail carriers, and children under a certain age, free, and for the furnishing of transportation to school children at a reduced fare, and when accepted by the grantee in the franchise are valid.

4. Poliemen, firemen and United States mail carriers, are not officers, contemplated as included by section 1, art. 15, of the constitution.

5. Street railways undertaking and contracting with municipalities, by provisions contained in franchises, granted by such municipalities, to carry policemen, firemen, United States mail carriers, and children under a certain age, free, and also to carry school children at half the regular rate, are not absolved therefrom by sec. 13. art. 9, of the constitution.

(Syllabus by the Court.)

T. G. Chambers for Relator.

John W. Chartel, for Respondent.

TERMS OF DISTRICT COURTS.

11 District: Guthrie, Nov.25-30, 1907.

Kingfisher, Dec. 3-21, 1907.

13th District: Okla. City, Dec. 2, 1907-May 29, 1908. El Reno, Dec. 2,-28, 1907.

10th District: Tecumseh, Dec. 2,-Feb. 1, 1908. Chandler, Feb. 3,-March 7, 1908.

12th District: Newkirk, Dec. 2, -Jan. 30, 1908.

THE

OKLAHOMA

LAW JOURNAL

VOL. 6.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

A FORM OF EXERCISE OF

LEGISLATIVE JURISDICTION.

By Hon. E. E. Blake, of the El Reno Bar.

When a first dissatisfaction expands to a recognized growth, and begins to crowd the shell of present conditions, one's first tendency is to burst-flower into a full bloom of reform. However, hope blooms eternal, and expectation persuades delay, for there is something of kernel in the question as to preference between ills we have and others we know not of. The professional and the popular reformer, however, cares nothing for kernels. He sprouts a reform, develops it like unto a crysanthemum, and gathers the seed of repetition ad infinitum, before a reasoning intelligence begins to workbut not until after his vocabulary has been duly exercised. In other words his voice is not a vehicle of thought, but is, a mere exciter; a sort of prelude from the pipeorgan, while the collection is being taken. Now, however, that we are excited and the collection has been taken, and we have counted the pennies on the plate, it behooves us to pause and ask, "Where are we at?" We have sown the wind, now what will our whirlwind be?

Autocracies, patriarchial and otherwise diverged from primitive cultivation, and abuse, to parliaments and councils. We improved upon it until we obtained

our State Legislatures, our Congress with its "Millionares Club," and other things. With each, and fastened to at, against, about, over, in, around, through. and upon each, is our "third house." This active leaven, concealed in this swelling mass agitates and aggravates it; and the microscope of the public eye has only lately been powerful enough to detect the tainted microbe that works the dough. Already many voices threaten us with a benevolent despotism," and so many "paramount issues" arise upon detail matters that the mere citizen is only a sort of cross tie on which the "people who rule" want to ride. It does not, however, occur to me as proper that only one step should bridge the space from popular legislature, to amiable, anarchy; although, the weaknesses and shortcomings of the popular legislature are apparent and appreciated. We have so long dallied with the vote getting slogan of "letting the peoples' rule," that the "popular government" is not as popular as the form thereof, and in moving farther, along crude makeshift lines, we encumber and endanger our very representative form of government itself.

These makeshifts come, I think, from a fear to depart from habit, and unwillingness to risk disapproval at the polls. For it is well known that large numbers of people cannot be depended upon to jump quickly to correct conclusions.

Our legislatures were orignally formed with the purpose of securing a diversion of information from diverse places-two very distinguishable things. This diversity of place was representative when news traveled only as men travel; but now, happenings and experiences travel and the distinguished legislature does not-(the pass having retired;) no reason for the rule longer obtaining, the rule should not. The gathering of a large motly assembly from many remote townships for a few weeks excitement, no longer adds any accumalated fund

of information to legislative bodies, or benefits the statutes. Rather it only brings a diversity of little interests that are ready to be "organized" by somebody bigger, and who has a bigger interest, not always patriotic. And the immediate point in this is that the genius of organization works best with numbers, not of them, and seeks to, and does effect a control of general conditions. General results, and loosely stated statutes are no longer the things to be desired of our Legislature. We have them in abundance. It is the working out of infinite detail that now demands application and study, rather than flam-boyant declamation of ready relief; and that character of work is not consistent with the sixty day term of legislators. Progress in this line of specialized legislation is observed nowadays in the increasing "commissions" created-commerce, prisons, parks, railways, water-ways, police, internal development, etc.all sporadic explosions in the effort to get nearer the end of the thread; all realizing that great divergence and detail are distasteful and incomprehensible alike to a mass of combatants like the ordinary legislators.

Our own Federal system has become so non-consecutive that often Congress has awakened, and the Keep commission, is laboring to prune the bushes and change the departmental jungle to a well ordered farm; but its task is well nigh infinite.

In the begining when our form of legislature was adopted, our properties and endeavors were individual and easily measured and adjusted by a general rule. We lived the simple life. Now, however, changes have come about, and the individual has voluntarily abandoned his personal independence his personal interests in action, and accumulation, and has enlisted in associated slavery, commonly called corporations. He does not want to run his own establishment but shirks the individual responsibility, and hunts a salary-of-ease