The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-05-12
EQUINE REMANpINo poWeR.

NhiilNu1 fot AtAAuitttu anu bdhtft IN
appeal from the district court OF
Washita countg, Is dismissed.
He Affirmed Them.
The judgment entered In the 6is.
trlct court Of Kay county In the cause
Of the Farmers' State bank Of Arkan.
sas ClCty vs.. stephens ct al In favor
Of the defendants IN error Is affirmec
upon review BY Judge Williams.
The judgment rendered against the
Rock Island Railroad company IN
favor OF the Logan Snow company Of
Kingfisher for damages to goods in
the KANSAS City flood is affirmed by
the court. The district court OF KAY
county Is sustained IN the case Of
De Roberts ca. city OF Cross IN an
opinion by Judge Williams.
Commissioners Not Compelled.
In the case OF r. s Hine vs. The
Board " County Commissioners OF
Oklahoma County, County Treasurer
McCanerty OF Oklahoma county and
the John Gllllgan Construction com.
pany, the court IN an opinion by Chief
Justice Kane aiIlrms the district court
of Oklahcma county.
The case was suit IN equity
brought by the plalutln In error as y
Taxpayer Of Oklahoma county 10 en-.
join the county commissioners from
carrying ont a contract with the John
Gilllgan Construction company for the
construction Of certain bridges, on the
grounds that the contracts were void
Tor the reason bids had not been adj
vcrilsed for ten days as provided nm.
der the law Of 1897 The supreme
court holds that the road and bridge
act of 1901 repeats the 1897 law, and
ih1t iha bridge act Of 1908 repeats
nnrls nf tho act OF 1901. The latter
does not require the commissioners
TO advertise for bids for any given
time ON fridge construction work. and
alsO provides that the commissioners
may purchase bridge structures from
persons manufacturing the same Il
they could s9ye money to the county
by so doing. The contract complained
Of was made but one year ago. and
aaN mr the construction Of Bridges
70 the cost Of s3l32 IN Oklahoma
county
Note Case Affirmed.
Chief Justice Kane. aiIirms the case
Of s. A. Horton ys w. r. lialmes.
j II Live AMI Mary Love, an appeal
from Cleveland county The cause n.
wolves the foreclosure OF mortgage
on a promls0sy note.
Judge cilett Reversed.
District Judge +. e, GHlellfis ro.
persed and the cause remanded In the
case OF g., r. I. & +. and Pacific r. Ry.
GO. SIS H G. Johnson an appeal from
Comanche county, IN an opinion BY
Chief Justice Kane The suit was an
action for damages for backwater up.
on The defendant.in-err0r's land by
reason of embankment grades. The
dial cou.t awarded judgment Ia favor
Of johnson which is reversed bY The
court. The court lays down the fol.
lowing common Law doctrine with 70
apeci to the obstruction and flow of
mere surface water.
Under the common law there ex.
lists no natural easement or servltude
ia favor Of the owner Of the superlo,
CT higher ground or fields as 10 mere
surface water. or sdch as falls or ac.
eumnates BY rain or the melting Of
snow lhe proprietor Of The inferior
tenement o. estate may lawfully hin.
der or cbstruet the natural l0w Of
such water and In so doing may turn
the same back upon. or OF, onto, or
oyer ihe lands Of ether praprletors,
without liability for Injuries ensuing
from such obstruction or diversion.
Judgment for Plaintlffs
IN the case OF G. SchIotherhack vs
Adam Sthwinn and Marian sehwinn,
a suit involving the collection Of
uromiso'S note, the district court OF
Greer county was reyeised. IN holding
Twelve PER cent TO be usurl0us under
ihe old Oklahoma law. Judgment is
ordered issued IN favor Of the plalnlIH
n the capse In the sum Of $3.50.
Sent Back to Comanche.
Following the decision laid down IN
he case OF G. r. |, and p. r. Ry. Co.
- Johnson given above, Chief Justice
Kane reyerses aud remands the case
Of q. r. l. and 2. w n. Il. Davis
to the district court ot comanche coun.
~ for uial
Contracts Held Void.
Chlef Justice Kane afllrms the case
Of Leonard G Beck at al IS Lizzie
Jackson ct al. an appeal from Mus.
k0Bee county The action is 4 suit
IN equity involving the recovery on
certain Greek lndlan lands, The
eoHrt holds Noti contracts entered IN
10 by Greek Indian minors Tor certain
lands. hH ih iiH1t
Same RrllHu coutihoed.
The raseof ] T. Alpscomb vs. u. r.
Allen etahfan appeal from Muakoeae
county IL affirmed by the c0urk which
fQll0wB lhaaaanu ruling lald abwn BY
ACKNOWLEDGEMENTS n. q. Hl4h
rs 1.iaz'e Jaulsaun ms aIoi
Got nameqeaHe1 hl.sd ha
The s0sb iudsmsiit rdndcf6dShy the
eleirlct court Of Washita county
agalns, The Frisco Railroad company
Ia iavor nf s Fl Copeland. II affirmed
IN an opinion by Chief Justice Kane,
Copeland sued FOR damages III live.
stock shipped from Eddy to cordell
the same being delayed twenly-Pgag
hours In transit, and were held twelve
hours without food or water
Kane Reversee school neclalsR.
The case Of Van Ardsdale and 0s.
bourne ys 0luaiee school District No.