The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-05

citizen OF oklahoma and mean the
saving Of many dollars to counties that
! are already overburdened with debts.
. The Board OF County Commissioners
Of the county of Greer. PLAINTIFF in
Error.
Jesse A. Watson. Plaintiff in Error
Appeal from the district court Of
. Greer county. Reversed.
SYLLABUS.
opinion by Hainer
l. A county is an involuntary poli-
teal ana civil division Of the territory
created by statute TO ail in the admin
istration of governmental affairs, and
possessed OF a portion OF the sover-
eighty All the powers with which 1t
is entrusted are the powers OF the SOW
ereignty which created It. and all the
duties with which it is charged are the
duties of the sovereignty. 1t Is only
liable for such obligations as the leg
islature has imposed or authorized It
to create, or such as are necessarily in
cident to the object OF It's creation.
3 Costs are unknown TO common
law. and the sovereignty neither took
nor paid costs, and the territory or
county is only liable for costs when
such liability Is expressly created by
statute
3. A county IS not party to a
criminal prosecution. and is not liable
for fees OF witnesses attending before
the grand jury or a court in a criminal
case. IN the absence OF statute Inn
posing such liability.
4. There is no law in this territory
making a county liable Tor the fees Of
Witnesses required to attend before the
grand jury or in criminal causes In any
of the courts.
9. The policy or wisdom Of a law
requiring witnesses to appear and test
| ify in criminal matters without com
pensation. are questions for the con
sideration Of the legislative department
and not the courts
! Thomas Douthitt and William Dout-
hitt, Plaintiffs in Error.
| vs..
The Territory Of Oklahoma. Defendant
in Error.
| Affirmed.
SYLLABUS
opinion by McAtee.
| 1. In criminal case. in the absence
of any request by the defendant for
specific instructions, it Will be held that
the defendant was satisfied with the in
structions as given.
| Testimonk having been offered tend
ing to show the guilt Of the defendant,
and the matter having been left to the
jury under proper instructions, the
court here viii not undertake to weigh
| the evidence. nor win 1t set aside the
verdict This court Is not warranted in
reversing the finding of the jury on the
facts, unless there is an entire failure
Of proof upon some material and neces-
sary point.
g. The ruling as declared In this ter
ritory is that the possession OF stolen
property recently after the theft. is. II
unexplained. a circumstance tending
to show the guilt OF the person having
such possession.
| 4. In order to justify the court In
granting a new trial upon newly dis
covered evidence, It must appear that
the evidence is not cumulative. and
that II II had been introduced II would.
with reasonable possibility have COM
PEELED a different conclusion.
School District No. 8. OF Oklahoma
County. okla, Complainant.
VI.
$. ~ Hopkins, Auditor and Superln-
tendant Of Public Instruction for the
Territory OF oklahoma, Respondent.
Premptory writ OF maEdamus issued
SYLLABUS.
Opinion by McAtee
l. The legislature OF this territory
has complete authority over the Serri-
torial school fund provided, II be used
for the purposes advancing the interest
Of the schools and school system, and
this authority includes the power TO
appropriate such portion Of the terri
torial school fund as the Legislature may
direct, TO the establishment Of an insur-
ance fund. such as is provided for In
chapter n Of the session laws OF 1887.
2. Sections / and q Of chapter n. OF
the session laws Of 1897 are intended
solely for the purpose OF making an
appraisement which shall furnish
basis 30 the assessment and constitute
a general school insurance fund, and
the fact that such a method has been
provided for. and such appraisement
and assessment made. does not reflect
upon or throw any doubt upon the pro-
visions Of section 3, which are exclus-
ively intended To provide a method By
which losses by fire or storms shall be
proven ana adjusted in cases Of hre.
The jurisdiction OF the probate court
to hear and determine the same and
the manner prescribed IL not affected
I