EDITORIALS.

ECHOES FROM THE AMERICAN, BAR

ASSOCIATION AT MONTREAL, CANADA.

The following is a Summary of an Address Delivered by Thomas W. Shelton, during the Meeting of the American Bar Association at Montreal, at the opening of the "Conference of Judges."

The Conference is composed of the forty-eight Chief Justices of the states, the Chief Justice of the Court of Appeals of the District of Columbia, the nine presiding Judges of the nine Federal Circuit Courts of Appeals, a Federal Judge from Hawaii and the Chief Justice of Porto Rico. It is the first Conference of Judges ever held in the history of the United States. The object is to bring about uniformity in judicial procedure amongst the states through fixed interstate judicial relations just as there is now fixed interstate commercial relations. The Conference met with the Committee on Uniform Judicial Procedure of the Americn Bar Association, of which Mr. Shelton is Chairman.

The forty-eight Chief Justices of the several states and the nine presiding Circuit Judges of the United States Circuit Courts of Appeals, except three or four absent made up the "Conference of Judges". It was admittedly one of the most unique and distinguished audiences ever assembled. It was the first attempt to bring to gether all the Chief Justices. It was the first "Conference of Judges" ever held in the history of the United States. The prediction was made that it would mean to interstate judicial relations what the famous Mt. Vernon Conference held in 1785 between Virginia and Maryland meant to interstate commerce relations.

Its object, as set forth by Hon. Thomas W. Shelton, of Virginia, who called the Conference to order and presided, is to bring about uniformity in court procedure and closer relations amongst the courts of the states. Mr. Shelton has been laboring for years to this end. "There is," said he, "no more excuse for differing court procedure amongst the states than for the use of differ ing languages."

The practical men of commerce are demanding the injection of practical common sense in the machinery of the courts and Congress and the legislatures are being called upon to give the courts the necessary power. That is one of the objects of the "Conference of Judges' and the American Bar Association's campaign.

He earnestly advocated "a fixed system of interstate judicial relations," declaring that it ought to be quiet as possible and even less difficult than the present plan of interstate commerce relations. Instead of thousands of merchants, manufacturers and bankers and hundreds of railroads and other human endeavors creating difficult complications to solve, there would be forty-eight Supreme Appellate Courts and nine Federal Circuit Courts of Appeals to agree upon any given principle. "True it is," declared the speaker, "that by fundamental law there must be fixed interstate relations; but equally true it is that by unselfish patriotism untarnished by local pride, there may be fixed interstate judicial relations." "At heart we are one; a truth that would be promptly demonstrated in the presence of a common enemy or other peril. Why not in response to reason if not necessity. We need a little more friendly gossipping by the judges over the back fences," He declared that "this country depends, the one section upon the labor, fruits and industries of another like, almost, the menbers of the human body itself." He declared that the loyalty of the great majority of the pepole, once convinced of the good intention of government, is one of the most indestructible, comforting and dependable things next to religion. "State lines," said he, "have been ignored

within the last year in the enthusiastic effort to simplify and cheapen the procedure of the courts. The Chief Justices of the states have come with the highest honor a state can give them to aid and advise." "It has been long since apparent," said he, "that unless judicial procedure was reformed by the Bench and Bar it would be attempted by persons more selfish than patriotic.

The speaker declared that the courts and lawyers were helpless, that "under the policy of Congress and that of nearly all the states the judge is bound hand and foot by rigid statutes. As a result the courts have been accused of incompetency and the lawyers of indifference concern ing a condition they did not create and are helpless and almost hopeless to remedy."

"The country with its interstate judicial relations, faces conditions similar to its interstate commerce relations in 1785. All was discord and conflict. Every state was a nation unto itself and there was no organize effort at a mutual agreement and concession. At this moment Virginia sent James Madison to Mt. Vernon to meet a representative from Maryland. That was the beginning of the present fixed interstate commerce relations. Our fervent hope is that the Montreal Conference will mark itself in history as the beginning of fixed interstate judicial relations-made so by unselfish patriotism and not by fundamental law."

Hon. DeRoos Bailey of Muskogee, while a successful lawyer in all kinds of litigation, has been recently employed in a number of cases out of the ordinary-In fact bordering on the sensational, and extraordinary. Only a few weeks since a lady registered at the Severs hotel in that city, and because a certain man brought her to the hotel, that same evening her room was searched under the supposition that the man that brought her there had found his way back and was improperly with her in the room. She sought redress from the imputation and Mr. Bailey, in spite of strong legal talent defending the hotel, secured a verdict in vindication of his fair client..

Since the disposal of the above case he has found himself compelled to bring a sensational action against a brother lawyer for the alienation of affections, etc. This later case is being watched by the Muskogee Bar with great interest.

Hon. R. H. Loofburrow, one of the strongest district Judges of Oklahoma, has been appointed a member of the Oklahoma Supreme Court to fill the place made vacant by the resignation of Judge Jesse J. Dunn. To fill Judge Dunn's place will prove no ordinary task; as his disposition as well as qualifications had made him an ideal person both as Judge and social relations with all who knew him. We hope and trust, however, that Judge Loofburrow, will fill the place most acceptably and will prove an honor to this already most distinguished Court.

Among the cases tried in the criminal department of the superior court at Seattle, Washington, recently, was the case of State of Washington v. Roy Raymond, charge, burglary. The case was tried entirely by women lawyers, Miss Reah M. Whitehead, a regular deputy prosecuting attorney appearing for the state, and Miss Leola May Blinn defending. The case was tried to a jury on which sat ten women and two men. The jury was unable to agree on a verdict

This is believed to be the first case on record in the United States in which a felony case was prosecuted and defended by women lawyers before a jury on which

women sat.

Miss Reah M. Whitehead is a deputy in the prosecuting attorney's office of King County, Washington. She is a graduate of the Law Department of the University of the State of Washington, and has practiced in Seattle for four years. During this time she has appeared in all the courts of the state in criminal cases, and has been very active in representing the state in many appeals to the Supreme Court.

Professional Cards in The Oklahoma Law Journal cost $3. per annum. It must not occupy more than an inch space. Always accompany matter with check.

Liability of Restaurant for Serving Tainted Food.

One West on a certain occasion went into a restaurant or cafe for his noonday lunch. The articles of food and drink served to him were scrambled eggs, brains, ham, bread and butter, and a glass of tea. According to the evidence, between 2 and 3 o'clock of that afternoon he was taken violently ill, and had symptons of suffering from a very severe case of ptomanic poisoning. He became unconscious for a time, and continued to suffer from this illness for months afterwards. The physician who attended him diagnosed the case as one of ptomaine poisoning resulting from eating tainted brains. Later he sued the owner of the restaurant, and recovered a judgment for $500. On appeal to the Court of Appeals of Alabama in Pantaze v. West, 61 Southern Reporter, 42, the court holds that the keeper of a public restaurant must use due care to see that the food served to his guests is fit and may be eaten without causing sickness because of its unwholesome condition, and he is liable for any negligence proximately resulting in injury to a guest, and the question of defendant's negligence for the jury. The judgment is affirmed.

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