The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-09-11

ated BY the allottce or his heirs before
the expiration OF five years from the
date nf the approval OF the Creoit sup.
elemental agreement. which became
effective on the Sth day OF August.
1902. did not subject such allotment to
involuntary lncumbrances. taking or
sale 20 secure CIR satisfy any debt or
Obligation OF tae allottee incurred prior
to the removal OF such RESTRICTIONS
In which all the justices and Chief
Justice Williams concur, save Justice
Kane. who ccncurs in the result only.
Judgment Modified.
Justice Kane modiiles the judgment
Ct the loN-er court In the case Of
Western Union Tel Co. ss. Coyle, an
appeal from the probate couri OF Greer
county. In the lower court the defend.
ant In error secured Judgment for dam
ages IN the sum Of 5000 for delay In
I transmission OF message besides the
statut ry penalty OF 500 The supreme
court sustains the lower court only IN
awarding Judgment In the statutory
iamount, holding that under the circum
stances the plaintiff was not entitled to
recover other damages.
Habeas Corpus Granted
The supreme court granted the writ
I of habeas corpus prayed for in the case
/ of the State vs. William Clendenning
( in a unanimous opinion rendered by
Justice Dunn The defendant was ar
rested December. 1907 for selling
/ intoxicated liquors He entered plea
of guilty when brought before the.
county Judge and was fined $50 and
! cost and sentenced to 80 days in Jail.
Y The sentence was suspended on ms
good behavior In May the same de-
I fcndant was arraiened on the same
charge and the county Judge let the
defendant so. after paying mis- fine siis-
I pending sentence on good behavior In
n June following the defendant WAS ar
raigned for the third time on the
charge and the county Judge Issued a
commitment oriering the defendant 10
serve out his two previous sentences.
line for which had already iapsed. The
court held that the judge was without
iurisdiction intie matter after the
sentence periods had lapsed-
Justice Dunn In an opinion dismisses
the case OF the Shawnee Sewrage co.
VS.. \ L. vegiard;
The trial court denied defendants
renuest TO withdraw answer and file
an amended answer which set up de-
tense in the nature e plea in abatc-
mcnt, to which ruling no exception
was saved Held, nothing was reserved
for review by this court
In the case below Judgment Was
rendered in favor of the defendant in
error to which the plaintiff IN error
took no exceptions
Opinions by Justice Turner.
In the case Of w y. Fran et al Us.
~. a. Blvens. Justice Turner In an
opinion afsirms the action OF tae lowsr
court In sustaining the demurrer OF
the defendant The suit WAS brought
By the plaintiff in error to reform n
mortgage which was through over
sight excluded IN the execution OF the
same In the meantime the land had
been transferred TO another party and
the purchaser interplead IN the case.
setting up the fact that the removal OF
tho restrictions by the Interior depart
men. removed the mortgage on the al
lotment The court says the removal
OF restrictions applied on encumbered
all tments as well RS other alterations.
Justice Turner reverses the decision
OF the lower court In the case OF It. &.
HERRING Ihr Go. vs. Hazel Twp
Comnnehe county, which was a suit on
an omen account The defendants In
error. through their board Of trustees.
purchased lumber Of the plaintiffs In
err r wlich was used ia erecting
bridges. etc. In the township. The
lower court held that the trustees had
no authority 10 make a contract With
the lumber company and sustained the
demurrer ef tae defendants,
The test case Of the Union Farmers
State Bank ( Prague VS. Bank Com
missioner II. II, Smock which involves
inc question Of whether the bank COM
missioner can refuse TO issue q ccrtill.
Icatc OF authority 70 bank legally seek.
ing organization upon the grounds Of
{ many banks being In a town and,
therefore. would be bad business
policy 70 permit ant.ther institution to
enter the field was appealed to the
supreme court today by the attorney
general. Likewise the case Of the
, State vs. j A. Menefee 10 test the
legality Of the states bonds.
a. :. "a :