The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-01-12
REVIVAL OF CONTEST
OVER CODE OF LAWS
State Has Spent Thousands of Dollars on Pro-
ss''s4 ss''s4 ..jiect-@Efforts to Get Satisfac-
tory Codihcation

/ to take stock in what they demoDl-
nate AS quarrel between men. Sen
ator Thompson. announced himself
in favor of repudiating all the so-
called codes and employing an expert
to make the compilation az state eX-
pcrse TO the end OF getting some
thing that will be acceptable and AZ
ford the bar of the state opportunity
TO tell what the law is.
Tells of It's Work.
The majority Of the code commits.
sion reporting to the governor makes
no reference to the split or the pas
sd,c of she concurrent resolution
ab0lishing their jobs, 1hew have
heretofore held hhat although the
time limit expired. an act could not
he repealed by a resolution. ln or
der to know the law, the report, says
the commission read the laws from
enrolled bills, and that the question
cf implied repeals' of an older
statute BY a later one, in the early
stages Of the work, enioined upon
the commission considerable detail in
vestigation Of the various statutes
enacted for Oklahoma under three
separate forms of government, eX-
tending over period Of twenty-years
The question of implied repeals,' II
tells, has been a prolific source OF
litigation in every state Of the union.
The report says
There are now well defined rules
OF col struction to aid In determining
whether a prior statute Is impliedly
repealed by q later one. chief among
them being that the law does not fav-
or repeal Of an older statute by
later one by mere implication In
order to be operative the implication
must be necessary and II II arises
out of a repugnancy between the two
acts, the latter abrogate the older on
ly to the extent that 1t Is inconsistent
and irreconcilable with IT,
The report says that the first vol
ume of the work is practically ready
for delivery the other will be ready
February /, and that the only feature
lacking is the indexing. A history OF
the law Il given beneathh each sec
tion. the decisions Of the Oklahoma
NuDItlllt NOuil III 81 bNih6 tiNRNf hhNN
following the section of law of an
other state which is identical, Is CIV
en- with the decision Of the court OF
last resort of that state In another
place Is given table OF parallel sec
tions which enable the reader TO I'M
mediately locate in the revised laws,
the section of law referred to In
former statute, in the decisions OF
the courts. The work has been done,
the report says, without pay OF salary
since January, 1910, and at the indl-
vidua expense of the commissioners
except a small sum OF money for
clerk hire.
Senator Roddie stated that he would
introduce the Texas law governing
libels, which, If adopted, will be
radical departure from the present
oklahoma law,
Surface indications are that the
Muskogce exposition bill will have or
ly close margin in the senate, If 1t
passes at all with the opportunity
for future legislation even being less
MuskoSee boosters here behind the
oil claim that direct promise was
made them. during the special session
that in consideration Governor Has
kcll's capual removal program, trans
fcrring the seat of government from
Guthrie 20 Oklahoma CITY Oklahoma
City would reeiprocatc by supporting
MuskOgee for the state fair II is
also evident from lobby gossip that
Governor Haskell drove something
of bargain. and whether by word or
not. the Muskogec people were given
to understand their bill would be put
through.
It row appears to be something OF
question whether delivery can be
made and In the meantime. Okla.
homa City people are aroused to re-
sentiment declaring that nobody Of
fetal or otherwise, had authority to
make such promise and expect their
support.
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