The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-05-12
SUPREME COURT
REVERSES CASE

Oklahoma City, May 10. - Menta
distress alone does not furnish ground
for recovery of damages, in the alb
sence of a statute. was the holding Of
the Oklahoma supreme court in the
case of the Western Union Telegraph
company against John Chouteau oi
Vinita. yesterday The opinion, writ
ten by Justice Dunn. reverses the
United States court for the northern
district Of Indian Territory. 1t was
charged in the lower court that the
telegraph company failed TO deliver
a message to Chouteau informing him
of the illness of a member of his fam
ily, in time for him 10 take a train
that day to the sick relatives bedside.
The case arose in 1905.
An opinion by Justice Hayes affirm
ing the case of the Gulf Pipeline com
pany against A. NJ. Vanderberg, ap-
pealed from Choctaw county, holds
that service OF summons upon a pipe
line company, foreign corporation,
Is unauthorized by statute and void.
The state lost its case against the
Gulf, Colorado g. Santa Fe Railroad
company. instituted by Fred S. Cald-
well, state enforcement attorney to
prevent the bringing of liquor into Ok
lahoma for delivery to persons who
had paid the internal revenue license
tax. The superior court Of Oklahoma
county granted an injunction against
the railroad company but In revers-
ing that, the supreme court, in an
opinion by Justice Williams, says that
il is not within the power of the state
courts to enjoin interstate carriers in
the manner indicated since the ship
ments were of an interstate character
The supreme court has jurisdiction
OF appeals by corporations from action
OF the state board of equalization, and
that the law of the second legislature
granting such right is valid, was the
ruling of Justice Hayes in the appli-
cation of the Pullman and the West
ern Union Telegraph companies. They
appealed upon the 1910 state tax as
sessment, which was the same as that
Of 1909. Attorneys were instructed to
proceed with the briefs, and present
them to the court The fee and sal
airy law of the second legislature also
was upheld in an opinion by Justice
Hayes, reversing and remanding the
case of the Pottawatomie county
against T. d. Reasor county official
The act is not in conflict with the con-
stitution, which require that acts shall
embrace but one subject.
In the event of written applca-
ton for insurance with the stipulation
that 1t shall be in force from the day
Of approval of the application, but not
to be binding upon. the company until
delivery of the policy, the contract is
complete when approved by an author
lied agent of the company, is the hold
ing in the case of Won Orsdale- Osburn
Brokerage company against William
Cooper, appealed from Kay county
which was reversed and remanded.
Error was committed by the corpor.
alton commission. an opinion by Jus.
tice Williams says, In denying the ap,
plication of A. V. Stepp and others to
compel the Wichita Falls & North
western Railroad company to place a
depot at Willow. Upon the showing
made, the court holds that the com
mission should have granted it to the
extent of requiring a spur or switch
for the stopping of trains. The case
was reversed
Action of the state election board
may not be controlled by mandamus,
was the ruling of Justice Dunn in sus-
tanning the district court of Usage
county in the election contest of Mont
gomery against r. II. Hudson, candi-
dates for district Judge of the Usage
Washington district. Certificate of
election was given Hudson by the state
election board, causing Montgomery to
apply to the lower court for man
damus to require delivery of certificate
to him The mandamus writ was de-
MED The supreme court holds that
acts of the state election board are
quasi judicial and cannot be controlled
by the process invoked.
Proceedings for disbarment of Rob
ert F. Blair, an attorney Of Wagner,
were dismissed
The court delivered more than 100
opinions Chief Justice Turner com
mented upon the inadequate facilities
furnished for the court in Oklahoma
City, and for this reason filed the
opinions with the clerk The court
has had noregular place to meet since
the capital Ras moved here, and in
consequences has heid most Of its hear.