The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-07-24


cunvrnces in good falth, pnless hl,d Tor
record etc We can hardly accuse any
legislative body Of having deliberately
provided that the holder u on unto-
ccdent debt should have any adyantaee
AGAINST person. who. Ia good faith.
parted with bis money o. property 90 the
time ~ his purchase or iaeumhfanre ct
The property
Tho holder u debt who parted with
nothing on the strength of the prop
egiy g.. By onr statutes given pref
I ercnce over One who, by reason Of the
property. directly parts with bis money
tr rropsf hv way of purcha nrict
, .tsi... ,t q. 4-. Dpl.l ile 81 1-
orty of IRE debtor Il must appear that
/ the legislature did what no sane man
would Intentionally do by this enact
I ment The trouble is due TO the fact
that they ala not know what ;heif lam
guage meant, or dld not give the matter
that care and consideration that was
necessary ion order 90 make their moan
! ing plain.
difficulty Of no less Importance
arises oyoT Che same statutes with ref
erence TO the place Of Ming the chattei
mortgage for record. The purpose Of an
onlce Of registration iu each county f.
well understood. and the Importance Of
having the records OF each county show
the state Of the title to an property In
the country is equally apparent At FIRST
glance the section OF the statute refer
red to would seem to require the Ming
Of the mortgage In ths county whore
the mortgaged property "a situated at
the time of hling the mortgage and Il
Is more than probable that this Is what
the trainers OF the bill intended TO pro-
vide, but II is perfectly clear that such
is not what they did sag as a matter
OF law. See Greenville National bank
vs. Evhns. Snyder. Buell. Co. 60 Pac
249 BY carefully considering this statute
in the igh. OF its judicial construction.
we dnd that the simple plan OF having
the records Of each county show the
status OF alf property In IN ecounty has
not been carried out in any respect. A
chattel mortgage upon property IN Cali
fornia, IN the act OF being removed TO
Oklahoma Territory and which is lm-
mediatey removed TO this territory and
/ located In a county thereof. could not be
/ legally binding upon any one dealing
with the property unless recorded ia the
county in California whore the prop
erty was situated at the time the mort
gage was made, and would not imply no.
tice by being filed in the county OF okla
homa where the property is permanently
located. one who would deal with the
property must search the records OF the
various counties Of some foreign state
instead OF those OF his own county or
the county I'm which the property is situ-
ated at the time he would deal with a.
By the same class Of legislative bung
ling our registcration law with refer
ence oreal estate titles has been ac-
| cldcntly repealed and nothing enactea in
the place thereof
our bulk sale law has fallen 10y the
way side on account 90 the same dlni-
Guilty. II wns the intention to prevent
a ckiss OF frauds that has been con-
stant menace to the commercial inter-
ests Of the territory. but Il requires
both intention and intelligence as well
as a special learning and experience. to
make laws.
Another striking example OF unsclen-
, tihc legislation Is our statutes relative
to supersedeas IN criminal casos. Sec
ton 55Ol, Statutes of 1893 was held By
the courts TO be insufficient to provide
for supersedeas IN criminal cases, pend
ing an appeal 10 the supreme cOrut In
/, 1895 the legislature attempted TO cure
the defect and enacted a statute con-
tanning verbiage enough to accomplish
the purpose several dozen times, but II
was soon discovered by the courts that
the ptypose had not been accomplished
in 1905 the matter again came before
the legislature and there appeared 10 be
a general determination that some sro-
vision should be made for supersedaa
pending appeal in criminal cases. as well
as during the time required TO make up
the record ana perfect the appeal A
suitable bin was prepared by "A member
OF the bar and presented 10 a member
Of the legislature. VINO promptly pushed
the same before that body for considera
tion. An appeared to favor the bill but
az matters appeared 10 be going too
smoothly 20 interest the friends Of one
OF the busy" members. an amendment
was presented by a member who knew
nothing Of the history or purpose OF the
bin. aud, as the meaning Of his amend
mcnt was unknown to himself aud the
other members IL was adopted, and
when the bin reached the governor. II
contained provision practically requi'
ing that q defendant IN o criminal cast
who desires 10 appeal shall be discharg'
ed without bail pending the appeal
From necessity the courts would doubt
less place a construction upon the ac
that would prevent such an outrageou
thing but certain the court could do ni
better than cay that pending the ap1ea
the defendant shnr be- confined in lai
unless able TO give BAH ns nxed by th'
court The Legislature desired TO sal
that the defendant in "a criminal cast
should De saved all punishment durial
+ the preparation ana pendency Of the ap
peal provided he gave suitable bail AM
in case Doc could not give bail, then tha
he serve on he sentence during tie pen
dency OF the appeal Hut instead o
making statute more favorable % ia
defendants iu criminal cases, we NOS
/ haye a provision by which 81 person un
able to give b0ud might be sentenced I
one year iu the penitentlar5, and pend
ing Dis appeal might serve two ycar 3
tho county jul. then ~ his sentence wa
a affirmed he would sug bo required {
serve bis one year in the peuiteuuars
Another example Of this class of lesis
= auon viii he noticed by comparing u
provisions of our probate code with tt
general homestead laws OF the terri
i tory
= Another case o. thc recent iegislaro
with reference to taX lcvies for roa
, ana bridge purposes ln one act "a
] I.uIaElftlul or Io0g r.ar.lnfaI fHa rtra