The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-14
REGENTS GET
COURT DECISION
tcentInued from Psaa y

COURT DECISION \
(Continued fron Page -
homa. and Joins with the plaintiff in
Us prayer to the court for construc
tlou of The law that t may know its
duty i'm the premises. we will not az
this time issue a writ OF prohibition.
nor dismiss the petition. nor viii take
no further action except upon addi-
tional showing by any of the parties
interested"
An the justices concurrcd IN the /
opinion. the syllabus of which follows !
I. The term public schools as /
used i'm section 8, article H. of the |
of Oklahoma. does not I'm |
clude in its meaning the university OF |
Oklahoma.
2. Said section s. article i3, of the |
providing that the super
vision OF instruction In the public !
schools shall be vested In a board of
education does not vest the board of
education OF the state Of Oklahoma
with supervision of the university Of
Oklahoma
g. There Is no repugnancy between
section 8. article 3, of the constitution
and article H. chapter r. of Wilson's
statutes of oklahoma, entitled; AN
act to establish and locate the univer
sity of Oklahoma.
A. Article n, chapter a. Wilson's
statutes of oklahoma Us not inappic-
able and was. by section 2 of the
schedule of the constitution. extended
10 and put in force in the state Of okla
homa until It expires by its own limi
tation or Is altcrerd or repealed by
law.
(Syllabus by the conrt)
Eight other opinions We're rendered
by the court this morning. Justice
Kane rendering two additional, Jus
tices HAYS and Turner two each and
Chief Justice Williams two.
Reverses Judge Hainer.
in the case OF Marion Gardner va.
Isaac Kline. an appeal from Noble
county, Justice Kane reversed Judge
IB r. Eainer. transferring the judy
iment from the defendant In error to
I the plainth4 in error The case was
\ one OF forcible entry and detainer 20
recover possession of certain real es-
/ tate property. The judgment WAS re-
versod on the ground that the court
erred in excusiug the jury from furth-
or deliberation in the case and rem
deFing judgment on pleadings.
The syllabus OF the opinion follows
]. A plaintiff cannot maintain an
faction of forcible entry and detainer
lif the three days notice to leave the
promises prescribed by Section 5OS9,
of wilson's stamtes of Oklahoma Is
mot given, and the plaintiff, TO obtain
Judgment in such case made, must ai
Ifrmatiyely show the service of the
notice
2. A mere Inference arising from
the record IN this case thai there
might have been other evidence intro
duced at the trial than that preserved
lin the case-made, will not outweigh
tho positive statement of the trim
Judge that II was all the evidence III
tho case.
An Indian Territory Case.
Judge w. II. Lawrence, of the West
ern federal court of the Indian Ter
rtory is affirmed i'm an opinion bJ
Judge Kane in the case of l.ouislani
Brewer ct al. VS.. j. Rust which wa.
a suit brought 20 recover upon prom
issory note which involves the lega
rate of interest on the Indian terri
= tory side OF the new state prior e
statehood which rs a question whicl
had been decided both ways by Tho
federal courts in that territory II In
wolves both the usury act OF congress
Z and the Arkansas statutes which wer
In force in that part of the state prio
to November lG, 1907 Ine syllabu
of the opinion follows.
The eight per cent rate of interes
prescribed by the provision TO Sectiol
of the act OF congress, 1901, entitled
IAN act to put IN force N the lndial
Territory a certain provision of law
2 of Arkansas relating to corporation
and TO make said provisions applica
Y BILE TO said territory" ls restricted 4
r banks or trust companies organizes
= under the laws of Arkansas. or an
s other state authorized by Section {
r transact Business in the Indian Eerr
e tory; and said proviso did not provid
{ general interest law for the india
e Territory or repeal or modify Char
e ter l09, Mansfield'a Digest
a Opinions by Justice Hays.
Judge y. Il. llaincr, of Perry w
? also revoked by the supreme court q
J. day ia an opinion rendered hy Ju
j. tce Hays in the case of ST. B Bullc
VS. the Arkansas Val a. Woatcr
u Railway company, am action for dan
ages TO abutuns property la closiu
lup The street under terms of an ora
nance passed by the city council IN
Il, suit was based upon depreciation 3
!. property. Justice Hays holds tl'
Il such agreement hy ordinance and "a
r cepted by the city does not make NJ
a corporation liable for said iuliillmci
of tho contract.
a The syllabus Of the opinion follow.
n T. Ia au action where. after d
( fendant filed "a demurrer TO plaintiff
"a toyidcnce plaintiff obtained permiasio
y of the court during the argument
- counsel ON The demurrer 20 amend h
= petition 10 conform 10 the proof az
T, where his request 10 amend spceilicf
4 ly stated To what proof the peutif
was 10 be amended 30 conform, af
the argument of counsel upon aa