Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-11-19
No mechanic LIEN
ON State affairs
SlPIil.ME COURT SAYS STATE
BUILDINGS ARE IMMUNE
l'ROM lllNS
Reversed FRISCO CASE
Conductor Who Na- Discharged
Cannot Collect His St0.OOO
Damage Judgment

OKLAHOMA CITY, oNu, Soy IS.
-- tSpo,illD--m the absence of "a
statute in express terms authorizing
il, there can be no mechanics lien
on the public buildings ot the state
or the ub-diylsions thereof since
such would bo contrary to public pol.
icy ana Incapable of enforcement. ace
cordlng to a decision OF the supreme
cour! commission No. ] handed down
Monday morning. The question above
referred TO was involved In an action
appealed to the higher court from the
superior court OF PottaWatomie couu-
ty by the Western Terro Gotta com
pnay and the Warren Smith Hard
ware company, The defendants In err
ror We're the board OF education of
Shawnee. +. "A. Van Ordru and T.
II. Van Orden n Son. I'm June, 1911,
the Western Terra Gotta company in
stituted action in the lower court to
foreclOsc an alleged mechanics lien,
claimed by il on six lots Iu shawnee
owned by the board of education and
on which building was being built
by the defendants In error The War
ren-Smith company filed a demurrer
and cross petition, also claiming a
lien Demurrers To both petitions
We're filed by the board. which were
sustained by the court ON the grounds
that there could be mo- mechanics
lien. In this contention, the higher
court agreed, The opinion Of the
court commission was written by
Judge Sharp.
The commission I'm am opinion boy
Judge Thacker reversed the judg-
ment Of the superior court of okla
hamo county in awarding. Thomas
litzmartin damages I'm the sum Of
$4,000 against the Frisco railroad
company for the latters refusal to is
sue to him a service letter showing
cause for his discharge. Fltzmartln
was a conductor on the Frisco, but
was discharged for failure to watch
freight cars to prevent burglary The
railroad officials previously had noti-
lied all conductors and hrakcmen that
they would be held responsible for
losses resulting from burglary from
cars of their trains, and unless they
prevented such they would be dis
charged. Filmartin was given a ser
vice letter shortly after his discharge,
in compliance with the agreement
with the conductors union, but Fit
martin claimed the letter was not the
same as a service letter required to be
issued by law lie demanded the lat
ter kind, but the company refused to
issue same until he had surrendered
the letter previously issued to him.
lie refused to do this, and suhse-
quently instituted suit for damages.
The court held that where there was
no evidence Of actual damage done
the defendant, that he was entitled
to no more than nominal damages.
The trial in the lower court was pre-
sided over by Judge A. ~ Munden.
former judge of the Oklahoma county
court.
Other opinions handed down Mol-
day by the supreme court were as
follows:
by Judge Sharp. Frank Hines, ct
a., Sequoyah county affirmed
A. G. Frady and Maude Brady VS.
Bank Of Commerce Of Cowcta. Ok
mulgec county, reversed and remand
ed
r. Il. Francis. sheriff ct al, VS..
Guaranty state Bank of TeNola
Beckham county, affirmed
Sam Grant vs.. J. 6. Townsend,
Hockham county. affirmed
Sam Gavit VS. J. c. Townsend,
Dewey county, affirmed.
G. j McDuHie vs. Geiscr Manu-