The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-05-09
SUCH is HOLDING OF
OKLAHOMA SUPREME COURT
ITO Opinions Handed Down By
High Tribunal Today Makes
Record for Industry

State courts have no power 10 en-
join shipments OF liquor into the
state under the terms Of the inter.
state commerce laws, says the sn-
preme court Of Oklahoma in the case
"a the Gulf. Colorado and Santa re
Raiiway company against the state.
ex rel Ia an elaborate opinion BY
uSfice Williams the court holds that
the state courts may not enjoin sucn
shipments even where the shipper
knows that the consignee has feder-
al liquor license and that the state
laws are likely to be violated The
case was brought up from the SUI
pafior court OF Oklahoma county
and the supreme court reyerses the
action OF Judge Munden, who grant
ed temporary injunction upon the
application OF Fred s. Caldwell then
enforcement attorney.
The supreme court today handed
down no decisions, By far the larg-
est batch ever turned out By an Ok
X homa court. The great industry
of the members Of the court was
strikingly displayed in the vast
amount Of legal ground covered, Ass
s0ciate Justice Williams passed on %
cases, Justice Kane p, Justice Hays
IN 2l, Justice Dunn on II and Chief
Justice Turner on IL.
Mental Anguish Not
Ground For Recovery
n
the Western Union Telegraph com
panv. plaintiff In error against John
Choteau. brought up from Craig c0nn'
W. Oklahoma, does not recognize the
doctrine OF mental anguish in dam
age cases. In the absence OF statutes
the court holds that mental anguish
on account nf failure or neglect TO-
transmit or deliver telegram is not
recoverable plea in damage suit.
Tn this decision the Oklahoma court
adds this state 10 the considerable
lumber Of states holding that ment.
IA anguish alone is not a ground ior
recovery. Texas was the first state
10 adopt the doctrine that mental
anguish LAYS telegraph company
liable to damages, and G b. stuart,
now an Oklahoma lawyer. was the
man who secured the first judgment
under the ruling In 1881. Texas,
North Carolina, Washington. Ken
tucky, Tennessee, Louisiana ana
other states adhere TO the doctrine.
Among other opinions handed down
today were the following
Opinicn By Turner. c. J.
Chief Justice } p Turner handed
down an important opinion IN the
ease og Jasper II Solts VS. south
Western Cotton OH company, OIL
Shawnee. an appeal from district
court of Oklahoma county involving
the question 81 employers liability
as To negligence In personal injury
cases. The plaintiff sought 20 feeoY'I
cr damages for injuries received
while unloading cotton seed from y
box car into seed c0ngeyor The.
opinion afirms the lover court
Wm. G. WEIGH, Jr.. W.. George "
I.add. Grady county. affirmed.
Cochran Gin Co vs. w y. H9rris,
county court Atoka county reYers
ea
i i. Miller and Lula Southern S.
MllDn q. Foster. COmanehe county,
affirmed.
State OF Oklahoma Va. II. w Colds
hroagh IS A IT. Huston. district
Judge, mandamHs, dismissed ftfe
court holding that district courts
may hear and determine any mat
tiers left open By the mandate of i1e
supreme court
James L. Adair VI b Porter Nc.
Farlln, Seminole county, reversed
ana Femandea
". b. chamaker w. HiggsnsRob-
erts Grain company Kiowa county
aligned.
Hiram Gerrat gs Katie Il Grifin.
Washiia county, affirmed
Saiob Founls ys. & Il Fonnayay,
KAY county, affirmed
II. +. wilson Ys q WI Wheeler,
Oklahoma county reversed and r..
manaed
b. N. gkeliera ei AZ, We y e Haf.
f.son. at aL. Johnston eohntg diz
missed
Tn the matter of an agreed state
meng o. iaets between T.. burnss
county attorney Kay county. and y
=. Cline, trustee for Harrington
brothers. Chief Justice Turner de
lines the payment Of taxes on Ger
tain kinds og property.
Al 4. KimbFei VA. N E Mont
geometry, Bryan county affirmed
Opinions nY Dunn. ].
II n. MrCanfx et al. W Forest
Anderson and VIII @ White. Sem
mole county dismissed for failure
Ia comply pith rnle
Franklin King and George NJ King