HUMOR. DISCHARGED.-A man came into the police court the other day carrying a friend on his back. "What's the matter?" asked the judge. The man answered, "Judge, this man is a friend of mine, and his name is Gunn. Now, Gunn is loaded. I know that it's against the law to carry a loaded gun on the streets, so I brought him in here." The judge said: "Gunn, you are discharged." And the next day the report was in the papers. One summer a well-known solicitor went with his family to a small seaside resort on the east coast, and boarded with a farmer who was in the habit of taking boarders. The next year he wrote to the farmer, and in his letter said: "There are several small matters that I desire changed should I decide to pass my holidays at your house. We don't like Mary; moreover, we don't think a sty so near the house is sanitary." The farmer replied: "Mary is went and we 'aven't 'ad no 'ogs here since you went away last August." London Tribune. Unscrupulous Cross- Examiner to Prejudice Jury. "Mr. Tucker will you answer a few plain questions before you leave the stand? "Certainly." "Well, Mr. Tucker, is there a female living with you who is known in the neighborhood as Mrs Tucker?" "There is." "Is she under your protection?" "Yes, sir." "Do you support her?" "I do." "Have you ever been married to her?" "I have not." (Here several of the jurors scowled on Mr. Tucker.) "That is all Mr. Tucker." "Stop a moment, Mr. Tucker." said the opposing counsel; "is the female in question your mother?" "She is.' TOPICAL INDEX. 199 Certificate to record on appeal to the Supreme Court 203 Continuance as well as Change of venue are both in the Soler vs. State, 1. h. 203. County Court-Trial on Appeal from justice court must Forcible Entry and detainer. 183 191 Forcible entry and detainer-How title evidence may be. Davis v. Davis 191. Disqualification of relation to Act as Judge-Same Con- 182 Hengst v. Burnett, 185. 173 Rule 25.-Its Construction. Ollie v. Worrel 197 197 KEY- In the above Topical Index hereafter, the letters u. h. TOPICAL INDEX Continued. Overruling motion for new trial cannot be reviewed sim- University Realty Co. vs. English, 1. h. 200. What is essential to sustain charge of fraud. Sipes vs. Dickinson 196. What diligence a notary must exercise to avoid liability. STATEMENT of the OWNERSHIP, MANAGEMENT, Editor, Daniel H. Fernandes, Guthrie, Okla. Business Managers None. Publisher, Daniel H. Fernandes, Guthrie, Okla. Owners, Daniel H. Fernandes, Guthrie. Okla. Daniel H. Fernaandes. Sworn to and subscribed before me this 4th day of Oct. 1913. Seal, H, M. Adams, Notary Public. (My commission expires Oct. 16th, 1918.) THE OKLAHOMA LAW JOURNAL EDITED AND PUBLISHED MONTHLY BY D. H. FERNANDES, GUTHRIE, Oklahoma. VOL. 12. November, 1913. No. 6 EXTRACT from Address of Hon. W. T. Smith, at the American Bar Association, held at Montreal. Office education has given place to that of law schools whose courses are subjects of constant improvement as experience shows their defects. The theory of teaching is to train the student in fundamental principles, leaving to his individual industry the law peculiar to the jurisdiction in which he intends to practice. Hence the law schools of the country are national and not local and draw their students from all sections, resulting in the spread of a common professional feeling and attitude towards civilization. The growth of law schools since the beginning may seem to have been slow, but since 1877, when the course at Harvard was made to cover two years, the advance in standards has been as rapid as conditions will bear. Referring to the opposition evinced towards the lengthening of the law courses, he says: "It is not difficult to account for this feeling of indif ference or hostility to the efforts that are being made to elevate the standards for admission * * *The average youth feels that after all the prizes of a lawyer's life are not so far beyond his grasp, forgetting, if he has ever been taught, that the indomitable will of the great man has risen superior obstacles that would have crushed the mediocre. Eminence, where it has been attained in the law, has been the result of hard constant and patient study. "The popular impression that any one can be a lawyer has been based to a great degree upon a confusion of thought as to what constitutes a lawyer *. The briliant Fuccess of many of them in politics has been attributed to them as lawyers ...but obviously, the curricu lum of the law student is not laid down directly for his guidance as a successful politician, but that he may become so familiar with general principles upon which the common law is founded that he may be a safe adviser to his clients and a competent protector of their rights." "There was something of great value lost with the passing of the old-fashioned law office, where the accomplished lawyer and gentleman of the old school set an example of dignity and courtesy as well as of learning and was in close daily contract with the young men who were fortunate enough to be under his preceptorship. Little by little the commercial spirit prevades the lawyer's entire activities, and the lawyer who is taken from this atmosphere to a seat on the Bench is not likely to prove an elevating influence to the Bar of his court. The rapid dispatch of business becomes the first consideration, and the tendency to forget the sacred dignity of his high office sometimes has deplorable results." He then points out that by reason of the addition of extrajudicial duties, the bad odor of politics connected with the elective system, and the undoubted misscarriage of justice that occasionally results from an ultratechnical system of criminal procedure, popular dissatisfaction with the administration of the law has reached a point where it affords a tempting subject for the demagogue. "Certainly there can be no more distressing sign of the times than the growing distrust of the administration of the law and the extraordinary recklessness in seeking to remove ancient limitations on popular emo tion * ** While judges are, of course, influenced by the beliefs and feelings of their time, they are none the less guided by professional opinion *** But this is not the popular conception, and it is only too easy to raise a cry against a learned and honorable court, where the emotions of the pepole have been roused for the redress of some real or imaginary griveance for which the law affords no remedy or for which the proposed remedy is unlawful * |