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THE

OKLAHOMA

LAW JOURNAL

VOL. 8.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

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HOUSE BILL No. 31.

An Act

To amend Section three (3) of Article two (2) of Senate Bill number seventy-four (74) same being Article two (2) of chapter fifty-four (54) of the Session Laws of Oklahoma, 1907-1908.

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

Section 1. That section three of article two of Senate bill number seventy-four, same being article two of Ch. fifty-four of Session Laws of Oklahoma, 1907-08, bę and the same is hereby amended to read as follows, towit: "Section 3" Every owner, operator or agent of any coal mine in this State employing miners at bushel or ton rates, shall provide at such mine or mines accurate and suitable scales, of standard manufacture, upon which shall be accurately weighed all coal coming out of such mine or mines before being screened or placed in railroad cars; and scale or scales to be located at a reasonable distance from the point where the coal is delivered to the surface openning of the mine or mines and any owner, agent, operator, person or persons, having or using any scale or scales for the purpose of weighing the product of the miner's labor, and so arranges or constructs said scale or scales, or by any contrivance therewith connected causes any fraudulent weighing of such

coal or said product, or who shall knowingly resort to, permit or employ any person or means whatever, by reason of which said product of the miners' is not correctly weighed and reported in accordance with the true weight and the provision of this article, shall be deemed guilty of a misdemeanor, and shall upon conviction for each and every offense be punished by a fine of not less than two hundred ($200.00) dollars, nor more than five hundred ($500.00) dollars, or by imprisonment in the county jail for a period of not less than sixty (60) days nor more than six (6) months, or by both such fines and imprisonment, at the discretion of the court.

Ben F. Wilson Speaker of the House.

J. C. Graham, President pro tem of the Senate. Approved February 9th, 1910, C. N. Haskell, Governor.

SENATE BILL No. 32.

An Act

Creating the Office of Stenographer to the Justices of the Supreme Court, Prescribing their Duties, Manner of Appointment, Compensation, and Making an Appropriation, and Declaring an Emergency.

Be it Enacted by the People of the State of Oklahoma: Section 1. The office of stenographer to each of the Justices of the Supreme Court of this State is hereby created.

Section 2. Such party shall act as stenographer and law clerk to such Justice and carefully and correctly transcribe all of his opinions, and in addition to the original, shall prepare copies for each side to the action, and also one for the State Reporter, and such other copies as may be prescribed by order or rule of this court.

Section 3. Such stenographer shall be a resident of the State and be appointed by the Justice, holding office at the pleasure of such Justice, and shall draw a salary

the rate of $100.00 per month, payable monthly by a warrant drawn by the Auditor on the State Treasury, the voucher therefore to be approved by the Justice appointing such stenographer and filed with the Auditor.

Section 4. There is beginning with the first day of January 1910, up to and including the thirteenth day of June, 1911, appropriated out of any funds in the State Treasury not otherwise appropriated, the sum of $9,000.00 to pay the salary of such stenographers for such period, such appropriation, however, to be in lieu of the sum of $6,000.00 appropriated by the general appropriation act approved March 27, 1909, for five stenographers for the Supreme Court for the fiscal year beginning July 1, 1910 and ending June 30, 1911; and further being in lieu of the sum of $3,000.00, the unused portion of the appropriation made by the same appropriation bill for five stenographers for the Justices of the Supreme Court for the fiscal year beginning July 1, 1909, and ending with June 30, 1910.

Section 5. An emergency is hereby declared, by reason whereof it is necessary for the immediate preservation of the public peace and safety that this Act take effect from and after its passage and approval.

Passed by the Senate February 2st, 1910,
Geo. W. Bellamy, President of the Senate.

Passed by the House Representatives February 7, 1910.
Ben F. Wilson, Speaker of the House.

Approved Feb. 9th, 1910. C. N. Haskell, Governor.

SENATE BILL No. 43.

An Act Making an appropriation to pay deficiency for salaries of District Judge, existing July 1, 1909, and declaring an emergency.

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

Section 1. There is hereby appropriated out of any money in the State Treasury, not otherwise appropriated the sum of One Thousand One Hundred Forty Dollars and Sixty-eight cents (1,140 63), or so much thereof as

may be necessary, to pay the deficiency for salaries of district judges appointed by the Governor under the provisions of an act entitled, "An Act providing for a division of the State into district court judicial districts, providing judges therefor, and declaring an emergency. Approved March 22, 1909.

Section 2. An emergency is hereby declared by réason whereof it is necessary for the immediate preservation of the public peace, health and safety that this act fake effect and be in force from and after its passage and approval. Ben F. Wilson, Speaker of the House. Geo. W. Bellamy, President of the Senate.

Approved Feb., 9th, 1910. C. N. Haskell, Governor.

Senate Concurrent Resolution No. 2.

By Sorrells.

Whereas, in the Eastern part of our State there is a large area of segregated coal land reserved from allotments and leased by the government of the United States to various corporations for mining purposes; that for many years the corporation lesses of coal lands for mining purposes have been accustomed to build houses for the accommodation of their miners upon the surface of the segregated land leased by them and collecting rent from their employes for the use and occupancy of such houses; that in many other instances miners and employes of the coal companies have, with the permission of the companies leassing the said lands, built homes for themselves upon segregated lands, doing so with the knowledge and consent of the Interior Department and its agents, and that during the past two years the Interior Department has been collecting ground rental for the use of the surface of the leased segregated lands for residential purposes; that recently the Department, by regulation, has asserted a claim of ownership on behalf of the Indian Tribes for the improvements so placed upon the leased segregated lands and has been and is now demanding rental from the persons who erected such

improvements, and who occupy them as their homes, thereby practically confiscating the improvements placed upon the leased segregated lands as aforesaid:

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 earnestly requested to make some equitable provision by law for the protection of the rights of those of our citizens in and to the improvements and homes built by them upon said leased segregated lands; either that provision should be made for conveying the title to the surface of said leased segregated lands to the occupants thereof at a reasonable compensation or that a reasonable ground rental only should be fixed for such use and occupancy.

Be It Further Resolved, that a copy of this resolution, properly certified be forwarded to the Honorable Secretary of the Interior, and to each Senator and Representative in Congress from the State of Oklahoma. Adopted by the Senate January 26, 1910. J. C. Graham, President pro tempore of the Senate.

Attest: J. R. Finley, Secretary of the Senate.
Adopted by the House of Representatives Jan. 27, 1910.
Ben F. Wilson, Speaker of the House.

Attest: W. H. Ebey, Chief Clerk.

Approved January 29th, 1910, C. N. Haskell,

Governor of the State of Oklahoma,

HOUSE Concurrent Resolution, No. 6..

Whereas, press reports quote President Taft as being in favor of the opening of the Rolls of the Five Civilized Tribes and that he would enroll some two thousand negro freedmen on an equality with the Choctaw and Chickasaw Indians by blood,

Whereas, the ground of enrolling said freedmen on equality with the Choctaw and Chickasaw Indians by blood is that they are of mixed Indian and negro blood.

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