HUMOR.

An Irishman upon hearing a life sentence verdict read, on being asked by the judge if he had anything to say against the verdict, said: "I have indade; and that is, that if I don't live long enough to serve it, that you put me lawyer in to finish it."

The following description in a deed on record in a certain county of North Carolina is copied unchanged from the book of Deeds, with the exception, only, of the name of the unfortunate landowner: "Begging at Beck's South corner running thence North 50 feet; thence West 50 feet; thence South 50 feet; thence East 50 feet to beginning, this being a plot of land 50 feet square cut from the back end of the said Jemima Jones."

In a township in Choctaw County the elected justice resigned and another was appointed-a man who felt the high dignity of the office. In the same rural township is a country preacher and exhorter, who delights to occasionally play amature lawyer. This preacher was warned to work on the roads by the road overseer. To this notice the preacher demurred the ancient canonic ground "prelatus capita sacra est," in the following words to the comprehension of the J. P.: 1st, that he was a minister of the gospel; 2d, that being too hard hearing, except perhaps to Gabriel's trompet, he was bodily disabled. and as a further 'pint' of law, that "a road overseer by the refulgent light of the 20th century as well as common law unmitigated by statute required a road overseer who could read and write, and that the overseer in this bailiwick do neither." (This placed the cause at issue with the J. P. The trial, rulings of the court and argument of the rural preacher, including the mittimus for his confinement will appear in the next issue.)

THE

OKLAHOMA

LAW JOURNAL

VOL. 8.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

HOUSE BILL No. 2.

NEW LAWS.

An Act Relating to Revenues for State, County, City, Town, Township and School purposes for the fiscal year ending June thirtieth, nineteen hundred ten, and declaring an emergency.

Be it Enacted by the People of the State of Oklahoma:

Section 1. The time for the payment of the taxes levied for the fiscal year ending June thirtieth, nineteen hundred ten, is hereby extended from the first day of February, until the first day of April, 1910, and such taxes shall become delinquent after said first day of April 1910. Tax warrants for collection thereof shall be issued and served as provided by law.

Section 2. An emergency for the preservation of the public peace, health and safety is hereby declared to exist by reason whereof this act shall take effect from and after its passage and approval.

Ben F. Wilson, Speaker of the House of Representatives J. C. Graham, President pro Tempore of the Senate. Approved January 28th, 1910,

C. N. Haskell, Governor of the State of Oklahoma.

SENATE CONCURRENT RESOLUTION No. 1.

By Graham. Senate Concurrent Resolution Memorializing the Congress of the United States to adopt what is known as the McGuire Amendment to the Indian Appropriation Bill, relating to the Chilocco School, Including Lands and Buildings.

Whereas, there now exists in Kay County, State of Oklahoma, what is known as the Chilocco School, including buildings and about thirteen (13) sections of land; and Whereas the Honorable Bird McGuire has offered an Amendment to the Indian Appropriation Bill before Congress granting to the State of Oklahoma upon certain terms and conditions, the said lands including all buildings and improvements situated thereon; and Whereas the State of Oklahoma is greatly in need of additional buildings to care for and maintain its insane, and Whereas, said school buildings are of vast proportions and comfortable apportionments and will make a good and comfortable home for the immediate care of our unfortunates; therefore

Be it Resolved, by the Senate of the State of Oklahoma, the House of Representatives concurring therein, that the Congress of the United States be and the same is hereby earnestly memorialized to adopt what is known as the McGuire Amendment to the Indian Appropriation Bill, granting to Oklahoma, upon the conditions therein named, the said lands and buildings for the purpose of a Sanitarium, that a copy of these resolutions be wired to the Honorable Bird McGuire.

Passed by the Senate January 20th, 1910,

J. C. Graham, President pro tem of the Senate. Passed by the House of Representatives January 21st, 1910, Ben F. Wilson Speaker of the House.

Approved January 25th, 1910, C. N. Haskell, Governor.

R. R. WILSON, Plaintiff in Error,

vs.

No. A-90

THE STATE of OKLAHOMA,Defendant in Error.
Appeal from County Court of Grady County.

Rendered January 11th, 1910.

An appeal in a criminal case, when taken by the defedant is perfected by filing a petition in error in the office of the Clerk of the Crminal Court of Appeals, together with case-made, or duly authentieated transcript of the judgment and proceedings attached thereto and by filing proof of service of notice upon the clerk of the court where the judgment is entered and notice upon the prosecuting Attorney of the county, stating that the appellant appeals from the judgment.

IN RE APPLICATION OF WILLIAM RIDLEY, for Writ of Habeas Corpus.

Filed Jan. 11th, 1910.

Writ Denied.

A parole, as the term is used in criminal law, may be defined as the release of a convict from imprisonment upon certain conditions to be observed by him, and a suspension of his sentence during his liberty thus granted.

2. Under the constitutional provision, conferring the pardoning power upon the Governor (Const. sec. 10, art. 6), The Governor has exclusive power to parole a convict, with such restrictions and limitations as he may deem proper, and upon a violation by such convict of the terms and conditions of his parole, the Governor has power to revoke his parole and direct that such convict be re-arrested and returned to custody, and required to serve out the unexpired part of the sentence of the court as though no parole had been granted, even after the time his sentence would have ended, but for the suspension thereof by the parole.

3. An Executive order, revoking a parole for violating a condition thereof, and directing the re-arrest and return to custody of the convict, is not violative of the con stitutional guarantee, "that no person shall be deprived of his liberty without due process of law," and "that no

warrant shall issue but upon probable cause, supported by oath or affirmation," since being a convict at large by executive clemency; which he has accepted on conditions included therein, the convict upon violation of such conditions is merely an escaped convict and not entitled to invoke such constitutional guarantee.

4. When a convict has been released upon a parole, and where said parole has been revoked, by order of the Governor for violation of the conditions thereof, in the absence of a statute or of an express provision of the parole providing for a hearing, the convict is entitled to a hearing on habeas corpus, before the Criminal Court of Appeals, or the district court of where he is held, in order that he may show if he can, that he has performed the conditions of the parole, or that he has a legal excuse for having not done so, or that he is not the same person who was convicted.

5. Under Sec. 10 Art. 6 of the constitution, the pardoning power is vested exclusively in the Governor of the State, and any law which restricts this power, would be unconstitutional and void. HELD, That Art. 26, ch. 89 Sny. Stat., being ch. 62 Sess. Laws of 1908, entitled: An Act relating to the granting of Pardons; creating a Board of Pardons and defining its duties, in conferring pardoning powers upon other state officers and restricting the Governor in the exercise of the pardoning power, is an unconstitutional infringement, and interference upon executive power. The constitution only vests in the legislature the power to provide by law, regulations relative to the manner of applying for pardons. 6. The law giving to prisoners certain deductions from their term of imprisonment for good behavior, is not unconstitutional as an infringement of the prerogative of the Governor to pardon. It does not restrict or interfere with this power in any way. It simply fixes the term of imprisonment in certain cases and upon certain conditions, and thus enters into and becomes a part of the judgment and sentence of the court.

Opinion by DOYLE, Judge.