The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1911-11-14

Oklahoma CITY, NOV. IL - Gut Vi
twenty-five opinions handed down at
1870 o'clock Monday afternoon by di-
vision No of the supreme court COM
mission, there we're ten reversals, an
large number, while three
appeals were dismissed and nine de-
cisions of the lower court were affirm
ed. Nine of these opinions were by
Judge Robertson, nine by Judge Sharpe
and four by Judge Ames. Several OF
the opinions were of great legal i'm
portance and some nice legal questions
were involved.
In one of the most important opin-
ions, written by Judge Sharpe, the dis
trict court of Texas county was re-
versed in case where a drayman,
named Armstrong, recovered 500 dam
ages from he Rock Island railroad be
cause the agent at Guymon had notified
the merchants of that city that they
would have to get another drayman to
take goods from the depot, as Arm
strong would not be allowed in the
warehouse.
The lower court ruled out evidence
introduced by the company that the
drayman imbibed more or less freely of
the flowing bowl and the court held
that this was error, as railroad com
pany had a right to shut out men who
were intoxicated or were in the habit
of becoming obstreperous or trouble.
some The companys agent also tes-
titled that goods had disappeared from
the warehouse without being signed
for and never delivered and that it
had been compelled to pay for them.
The Rock Island lost out in another
case appealed from Lefore county,
where James E. Halliday had been
awarded damages of 81 1,49400. A car
of meat setting on the track at Howe
had been broken into and some meat
stolen in January, 1909; the station
agent at Howe went to a justice of the
peace and had search warrant issu-
ed, and the constable searched Halli-
days house, but found nothing. At
the time of the search, nobody was at
home except Mrs. Halliday and the
baby. and Halliday sued for 81 ,999
damages.
In its defense, the railroad claimed
that the agent acted beyond his au-
thority and that he alone was respons-
ble for the house being searched. The
commission held that a corporation is
liable for the act of an agent, perform.
ed for the apparent protection of his
employers interest, even though the
company never directed him to take
such action or ratified il afterwards
The recent law laid down by Justice
Hayes of the supreme court in the
case of Lamb against Baker was fol.
lowed by Judge Sharpe in an appeal
from Okmulgee county. The Hughes.
Land company and others had sued
Pauline Bailey, nee McNac, for val
liable allotment of land in the Creek
nation that had been claimed by an
uncle of the defendant, 1t was a por.
ton of her fathers allotment, and al.
though she was enrolled as Seminole
she had Creek blood in her yiens. The
court held that was sufficient to allow
her to share in her fathers estate and
decided against the claim of her faith.
er's brother of the half-blood, who had
sold it to the land company.
An attempt having been made in Sc
quoyah county to force the board of
county commissioners to exempt the
county from the statuatory provision
against swine running at large, the
matter was brought to the supreme
court by A. ]. jeremiah aud others. In
an opinion by Judge Ames, the com