The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-09-14
TAYLOR ELECTION Law :
ARGUMENT COL : OVER
Hearing Assigned For To rrOW
Goes Over Until Latter rdTt
OF Next Week

The supreme court convened this
morning at 10 O'Clock for the fall
term with Chief Justice Kane pre-
siding and all justices sitting, large
number of lawyers from over the
state being in attendance The court
has large assignment of causes to
be submitted during the term and
oral arguments have been set for
hearing daily for the next two weeks.
In addition to commencing argument
in the tax ferret law case, appealed
from the Logan county superior court
the supreme court handed down thir'
ty-One decisions. Chief Justice NJ
] Kane, who took no vacation this
summer, heads the list with twelve
opinions, Justice Dunn was second
with six; Justices Hayes and Williams
had five opinions each and Justice
Turner four.
Taylor Election Case Goes Over.
On account of Attorney LedbetteI
not having his brief prepared in the
mandamus action brought by Joe IL.
Norris and other Republicans against
Secretary Cross TO compel the latter
to accept the referendum petitions
filed in his Office on the Taylor elec
tion law as legal and TO grant hear
ing on the same, and as Judge Bur
lord and others representing me
plaintiffs were not ready TO argue tht
case orally, the court This morning en-
tered an order continuing argumen
Ia, h., Vrrh fob tn a..
gun tomorrow, until the latter par
Of next week. Attorney Ledbettel
was granted seven days to file hi'
brief and the plaintiffs given the
same length Of time to examine the
btief and 10 prepare for the oral ar
gument in the cause.
The court sgnified it was ready
to hear the cause at any time ~
parties interested were ready anC
that It wished the case submitted al
soon as possible, owing to the fac
that in several cities of the first clas
where bond elections are pending The
question Of whether the Taylor elec
tion law was in effect had beel
raised,
In the case Of William Taylor VS.
the Insurance Company OF Nortl
America, a suit to recover on an in
surance jpolicy, Justice Turner re
verses and remands the cause, bu
holds several assignments of erlo
complained Of by the plaintiff in erro
to be harmless ones"
In the cause of the Western Uniol
Telegraph company VS. J Arthu
COyle. the court on rehearing m0diiie
its former ruling in the case an
holds that the defendant in error i
now entitled to recover damages
for the reason that the message con
planned Of being delayed was sen
in the name of the defendants agent
the court holding that the part
whose name was signed to the mess
age was entitled to recover damage
for delay in transit In the trii
court Coyle secured a 500 judgment
which was affirmed by the suprem
court upon its first decision in tn
cause Chief Justice Kane dissent
from the opinion.
In the cause of r. l.. Conner VI
Lizzie Taylor Justice Turner hand
down an opinion upon rehearing {
the cause adhering to the former dO
cision rendered,
Because the insurance policy wa
not properly countersigned by the !,
cal agent. the supreme court in a
opinion by Justice Turner today r,
verses and remands to the lowe
court the case of Fidelity Casualt
company VS. r Walton and w. |
Rhodes The defendants in error r
covered in the lower court on a iii
insurance policy in the sum of $500
Opinions by Justice Hayes.
Justice Hayes in a lengthy opinio
upon liability of a common carrie
reverses and remands the cause
w. Davis to the county court Of Po
totoc county The defendant in G
ror recovered judgment in the tri
court for damages on a shipment
mules from ST. Louis to Ada L
der the terms of the contract Il
shipper was TO have brought suit f,
damages If the mules were damage
within ninety days, which was n
done. The railroad company al
ALLEGED that as the shipper did n
notify the train conductor before
nnioqdpd the mules that they we
damaged he could not recover und
the contract. Justice Hayes hOl
that upon the unloading Of the mul
In the stock pen. the act of the sh
per in notifying the railroad age
% ,he damqge was q substantial co
nliance with the contract
Justice Hayes dismisses the eau