The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-03-31

ing his successor
DISTRICT COURTS.
IN some Of our districts the Judges
have a small amount OF business and
therefore have time to spare. while IN
other districts the larger volume Of
work is beyond the capacity of the
resident judge. Chief Justice Bob
Williams OF the Supreme Court IS Of
the opinion that we can get along
without creating any additional dis
trict Judges provided that provision Is
made for assigning judges to districts
tother than his own for temporary
work when thoy have finished their
work at their home district. and he Is
entirely willing to aid In cleaning the
district coU~t dockets If the legislature
will proviLa the detail legislation
therefor
IN substance the necessary legisia.
tlon would be TO require the district
clerk at the close OF each term Of
court in his county to certify to the
clerk Of the Supreme Court the condi-
tion Of his court docket. the number
of days &c court held at that term and
the amount OF business left over for
the ensuing term also recommend
Lnat when a judge IS called outside his
own digtrict tliht his travelling ex-
pensee siiSlls be provided for. earn.
estly rscoi1fnlend the enactment in
this law on the recommendation OF
Chief Justice Williams OF an appro-
priation OF twenty-five hundred dol
lars for the year to cover such nee
essary travelling expenses. In this
way concur Ia the opinion o. Chief
Justice Williams that the .ourt busi-
ness Of the district courts Of the state
can be attended to without the pro.
vision Of additional judges.
DISPLACING JUDGES
We inherited from the territory
laws Of Oklahoma an unlimited priv
ilegc of swearing the resident Judge
If the bench. | find that this priv
lege is grossly abused. / therefore
earnestly recommend that you repeal
that section OF the Oklahoma law and
In its place and in accordance with
the Constitutional provision that you
define specifically the disqualifications
which warrant the removal of the
local Judge
HABEAS CORPUS PROCEEDINGS.
Under the Oklahoma Territory law
when a writ of h3beas corpus Is ap-
piled for in the Supreme Court OF the
State the sheriff is authorized to bring
the prisoner and appear IN person he
fore the Supreme Court and TO charge
mileage for himself and the expense
of transporting the prisoner which
amounts to a considerable sum, as
the average distance between the
state capital and the county seats for
the return trip included would he con.
siderably over two hundred miles.
This large expenditure, in MY judg-
ment. is q piece Of nonsense and does
not benefit the prisoner and certainly
does not benefit the county. The
habeas corpus proceeding Is based
solely on the papers in the case and
the presence Of the prisoner and the
presence of the sheriif throw no light
on the case whatever j therefore
recommend that you (keeping within
the provision OF the Constitution
eliminate this foolish expense author
lied by the Oklahoma Territory law
to the greatest extern possible.
FORCIBLE ENTRY AND DETAINER
II is doubtful. under the existing
law, to what Jurisdiction these cases
belong and l believe that some specifs
legislation is needed on this subject.
JUSTICE COURT OF APPEALS.
! In order TO give a proper hearing tC
litigants in the justice court and yei
avoid friYilous practice and dilitory
proceedings, / believe 1t is important
that you provide a law regulating ap
peals from the judgment of the justice
OF the peace court.
PROSECUTION ON INFORMATION
The policy of the Oklahoma Consti
tuition in waving the expense of cstI
ing a grand jury in all Criminal cases
by providing for prosecutions on In
formation by the county attorney
needs some detail Legislation and reg
nlations IN order to make criminal
prosecution practical and fair and a
the same time economic; also under
Section %, Bill of Rights, there mus
be provision for jury in Supreme
ColTls.
CORPORATION FEES.
The State Inherited a law existing
in Oklahoma Territory which provides
a charter fee OF ten dollars only, TO D.
paid to the state. This may not hav,
been intended as a joke but neVerthe
less that is the effect OF It. The cor
poration chartered for no matter how
many millions of dollars pays th,
same fee under this old law that m,
. raj creamery company incorporate,
for one thousand or so dollars is re
quied to pay. I earnestly recommen,
the repeal Of that old law and In III
place the passage OF q law providing
charter fees TO be paid 10 the Stat,
rated according to the capitalization
authorzed IN ne charter; for ex
ample a fee % not less than one
tenth Of one per cent with a minimum
charge of three dollars, thus the STAT
would receive for chauering a cor
poration TO run small business o
say five thousand dollars capital fei
OF five dollars. whereas corporation
OF Eve million dollars authorized can
iial would pay the State fee Of ivl
thousand dollars. / believe this 4
Just ana within the bounds Of STRIFE
propriety and reason.
q sincerely hope that your honorable
body viii go on to the end OF thf
session fearlessly doing your duty II
the future as you have IN the pas
regardless of radical partisan critic