The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-05-26
AN IMPORTANT ORDER.
Territorial United States cOmmIs sIOnera
nc, BieeerlThan Arkansas J. Pa.

nc BieeerlThan Arkansas J. P.'s.
The order published below made
by Judge Townsend Yesterday set
ties the question that has been a
mooted one in the Indian Territory
for number of years. 1t grew
out of the action of United States
Commissioner Payne at Chickasha
in instructing jury impan-
eled in a case before him to re-
turn a verdict for the defendant in
the case. The attorneys for the
plaintiff objected, claiming that
the commissioner had no author
ity, whatever, to instruct a jury on
any question, and particularly, no
authority to instruct a jury arbi-
trarily to return verdict for one
of the parties to the suit. The
commissioner overruled their con-
tention, and, under his direction,
verdict was returned for the de-
fendant.
Plaintiffs attorneys presented a
petition to Judge Townsend, pray
ing for a mandamus 10 compel the
commissioner to disregard the YER
dict rendered under his instruc-
tions, and allow the plaintiff a
final trial. Judge Townsend grant
ed the mandamus in an order which
reads as follows:
1t is, therefore, ordered, adjudg-
ed and decrped by the court that
said writ of mandamus issue from
this court directing the said E. NJ.
Payne, as commissioner aforesaid,
to fix day for the trial of said
cause of j. P. Addington VS.. +.
Ratliff and John Ratliff, and sum-
mons a jury to try same, if de-
manded by either party, and pro-
ceed to try said cause according to
the law and the statutes in such
cases made and provided to a final
determination of same upon the
merits of said cause.
1t is further adjudged that all
orders or judgments, or attempted
orders or judgments, of whatever
kind, entered on the third day of
May, 1899, or at any other time,
by the said commissioner in said
cause, be set aside and held for
naught, for the reason that there
is no law authorizing the said E.
NJ. Payne, L. S. commissioner, to
charge the jury, or to attempt to
charge the jury, to return ver-
diet for either party.
1t is further ordered that this
judgment be entered on the rec
ords of the court at Ardmore, and
that a certified copy of the same
be sent to the marshal at Chicka-
sha. to be served on the respond
ent, E. NJ. Payne, United States
commissioner.
1t is further ordered, adjudged
and decreed by the court that the
costs in this proceeding be taxed
against the said respondent, E. NJ.
Payne, Z. S. commissioner.
HOSEA TOWNSEND, Judge.
May %, 1899.
On making the order Judge
Townsend stated orally frcm the
bench that United States commits
sioner's courts in the territory
were simply Arkansas justice
courts, and had no more power in
the trial of civil causes than the
justices of the peace in that state
have. In Arkansas justices of the
peace have no authority to charge
a jury on the law, and hence the
United States commissioners in the
territory have no such power 1t
has been the practice of the COM
missioners for several years to in
struct juries just as tie United
States courts do on questions of
law before them.
1t would appear from the order
made by Judge Townsend, that the
practice is wrong, and that they
possess no such power.
Street Jumping.
The SOuth McA lester New Fra