The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-14

ed down nineteen opinions, of which
Chief Justice Williams rendered five,
Justice Dunn, four; Justice Kane,
four; Justice Turner, three, and Jus.
tice Hays, three The case OF DeGraf-
fenreid and others vs.. the Iowa Land
a Trust company is perhaps the most
important of the lot The opinion in
the case Is q lengthy one and ia on
the utmost Importance 10 the citizens
OF the Creek nation as Il Involves the
Indian land question This decision
will govern many similar cases now
pending in the courts of that nation.
The opinion is by Justice Turner, and
win he printed in fun in Wednesdays
Leader
Habeas Corpus Writ Denied.
A habeas corpus case from the
Western district OF old Indian Terri.
sorry was decided by Chief Justice
Williams Prior to statehood Thomas
Partman and Ben and Eugene Tits
worth were Jointly indicted at Musko-
gee for murder Partman claims that
under the constitution he is entitled
to absolute and unconditional liberty,
and is not seeking the writ for pur-
poses OF giving bail The writ is de-
MED and tne chief justice says in his
opinion:
"An application for a habeas cor
pus for the purpose and under the cir
cumstances for which this was made
is certainly novel and without prece-
dent in the courts of this state
The syllabus Of the opinion follow:
t. Where an Indictment for the
crime OF manslaughter, an offense
committed under The laws Of the In
dian Territory, Is returned after the
admission OF the state Into the union.
no prosecution whatever having been
begun prior to such date, Il Is eogniz1-
BILE in the district court of the state IN
the county in which the ofiense was
committed.
Case Somewhat Similar.
A somewhat similar ease Is that Of
Frank Buchanan, charged with having
killed one Way Goblin in lie Flore
county last Octor Buchanan Is held
in iail on an ilC.ctmcnt for man
slaughter and seeks release on the
ground that the offense was commit
led prior to statehood and that the
state court has no jurisdiction. This
matter had previously been decided in
the Bailey case, where a murder had
been committed in Oklahoma Terri
tory prior to statehood In the opin-
ion BY Chief Justice Williams
Buchanan was denied the writ of ha.
beas corpus.
The syllabus of the opinion follows;
1. The writ of habeas corpus IL
not designed to operate as writ al
error or certiorari, and does not haT7
their effect, Il deals with irregularities
which render proceedings void
2 The court, on habeas corpus
will not for tho purpose of discharg
ing the relator, consider the sufii
cheney Of facts relied on as eyidenclns
that he is being prosecuted or being
subjected TO any penalty or forfeiture
for or on account Of any transaction
matter or thing concerning which nc
may have testified or produced eyi
dence in another court
3. The writ OF habeas corpus can
rot be resorted to for the purpose ol
discharging the relator on a plea sci
up In the petition praying for sue
writ that by indictment In O court VI
competent Jurisdiction he is beini
prosecuted or subjected to a penalty
or forfeiture for or ON account of any
transaction. matter or thing concern
ing which he may have so testified Ol
produced evidence in such court.
Sustains .he City.
Another opinion by the chief justice
is that Of KerlJer, ct al VS.. Bocher
ct al. This case is an outgrowth o
a restraining order against the mayo
and city council of Shawnee, to pre-
vent them from issuing taG warrants
against the property Of the defend
ants. Kerker and others, the cost o
grading certain streets having beer
charged up against their property
The judgment of the lower court wa
affirmed in long and ably writer
opinion.
The syllabus Of the opinion follows
Where the city council shal
deem il necessary to pave any street
or any part thereof. within the limit
OF q city for which a special tax is q
be levied, and such council, by resou
tion duly passed, declare such i'm
proyement necessary, and causes tn
publication OF same for four consecr
tive weeks in proper newspaper, IN
owners OF a majority of the lots o
parts of lots liable to taxation thereto
failing within twenty days thereafte
10 file with the clerk of said city pre-
test against such improvements, an
proceeds 10 cause such improvement
TO be done, without the adoption @
an ordinance to that end but by adop
ing plans and specifications. inclu,
ing an estimate OF the cost of sue
Improvement, and authorizing th
clerk to advertise for bids therefor, tn
contract being accordingly left unde
competitive bidding and afterward
BY ordinance appraisers being al
pointed, and their report, after som
amendments by the council, bein
adopted by ordinance-the abuttin
property owners, under such circun
stances, can be estopped from que