The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-12-30

I NAtAA tttit Ata-NlI AatAiAUNA UNIAN
VS.. ARKANSAS Valley and Western Rait
| way company; NJ d. McGinty vs. Ter
fitory of Oklahoma; Charles Jennings
VS. u K Brown. N. a Barket ct AL
( vs. Territory OF Oklahoma. ex rel,
! Charles Bostic. county attorney
The two civil suits of the greatest
Importance to be heard is the suit of
the Foster Lumber company and N
( q Bullen against the Arkansas valley
aud Western Railway company grow
inS oai 6i the right Of way privileges
through the City OF Perry
The civil suit involving the greatest
amount Of value Is that of Rehecca
! Young et al against the United States,
ln which the plaintiffs are suing for
admittsuce 10 the rolls of the Caddo
tribe OF Indians and a right TO the
ltnbai fumds and lands The plain
tins are Southern negroes who claim
that they have Caddo Indian blood
JUDGE Irwin Of Anadarke, refused TO
pass on the case on the grounds that
the court did not have jurisdiction.
The case has been in the Oklahoma
courts a number OF years.
! Criminal Cases.
Among the noted criminal cases
which will come before the bench is
that OF L. r. Russell, now Ardmore
editor OF the Morning Democrat, Of
shat city, CHARGED with killing j. w.
Hawkins. chief uf police Of Lawton, a
I few years ago, Is also in the docket
The person of the docket has made
the case of n. ID. Mckinley, charged
with embezzlement, famous. Mckinley
! Is local bond broker He was con
vlcted of embezzlement in connection
with a Tonkawa bond deal several
years ago
The history Of many OF these eases
win be recited and remarkable de
velopments are expected under the
new laws
Many Haheas Corpus Cases.
The sapreme court viii have many
habeas corpus cases TO pass upon at
this session. among them are cases
which involve two important ques.
tions which are of wide spread in.
terest
What Constitutes "sofl Drink"
one OF the cases is that Of the
state VS. Thomas Wilgins, a saloon
keeper OF Shawnee, who was arrested
for selling Rochester beer after pro
hihilon had gone into effect and for
failure to give bond was placed In
th county jau lie alleges that the
beer cont1ined less than two per cent
OF alcohol and that he IS being unjusty
held This IS The FIRST test case OF the
prohibitory law Of the new state and
is anxiously being watched by the
liquor men of tile state. Assistant
Attorney General W. c. Reeves has
Hacenuy rendered am opinion holding
that under the pre9ent state laws it
is unlawful 60 sell q drink that con
tains any alcohol or sumulant az all,
no matter how much diluted.
At the present time oklahoma has
no dlspensary law, and It is unlawful
10 use alcohol f.r any purpose.
Whether the legislature viii provide
ior dispensary law and lay down a
prohibitory law before the supreme
court passes on this question is not
known Il woaiG probably have some
weight with the court IL II is done
Which Has Jurisdleton2
The other cases involve the question
Of whether it Is the duty of the county
and district courts of the state TO
pr0seclte for crimes committed in the
lndign Territory or eastern part Of the
state, which We're committed in their
rcspe tive counties prior TO statehood.
The test case was hl d by Attorneys
Day and Dubois of Poteau in the be-
half OF Frank Buchanan, who is now
imprisoned in the c0anty jail of lie
Fl0re county, charged with murder,
which is alleged 20 have been commit
ted on June 20th 1907 befc state
hood
Attorney General West holds that
the various county and district courts |
were not bound 10 prosecute cases /
committed prior 10 statehood but |
does not dispute the jurisdiction of !
the state courts.
United states Attorney Gregg has |
held that ii was the intention Of |
congress TO have the various county
and district courts take the prisoners |
who were in the custody of the /
United states marshall of the Eastern /
district on November l6, and prose
cute them according to law except /
cases which would naturally be trans
ferFable 20 the United States court Of
appeals i'm Indian Territory. Mr
Gregg further states that il is the
duty of the county officers OF the
various counties to prosecute these
cases
Attorney General West holds that
the federal courts have no jurisdiction
now, but the congress should pass
am act giving them Jurisdiction over
cases docketed before statehood The
m8tter has been referred 90 Attorney
General Bonaparto at Washington for
an opinion
Not only the question of jurisdiction
arises ih the ease. but the question
1f whether the state will Doe required
20 prosecute the federal eases docket
ed before statehood m Indian Terri
toiy which would work hardship
ln tie new counties from the start
ls the cost of prosecuting these cases
wnl De mo- small item 90 each rOunty.
.i the cases are tried in the state
courts
Amonk the noted criminal cases 30
aIU1n nu NafDrn Aha FaN.r4l ..Ut.f ~ ]