Mr. L. D. Threlkeld formerly of Kentucky, has located in Oklahoma City for the practice of the law. His training has been ample, both in literature and law; having graduated from the University of Kentucky and in law the Cumberland University at Lebanon. In cluding one term he served as County Attorney of Livingston County, he has had eight years experience in the prac tice. He comes to Oklahoma well recommend by those who knew him well, for character as well as legal abil ity.

We desire to acknowledge our obligations to Mr. R. E, Berger one of the up-to-date lawyers of Tulsa Oklaho ma. Mr. Berger is a pains takeing and conscientious lawyer who is developing a good and lucrative practice.

C. E. GANNON vs. JOHNSTON, et al.,

Error from District Court of Jefferson County. M E. Rosser trial Judge.

Affirmed

1. The restrictions contained in sec. 18 of the supple. mental treaty with the Choctaw and Chickasaw Nations, of one, three and five years, upon alienation of surplus lands of allottees, selected during the life of the allottee, ran with the land and prevented the heirs of a deceased allottee of such land from alienating the same before the expiration of such periods,

2. The doctrine of rule of property cannot be applied to render valid conveyances made in violation of governmental policy.

3, Where land in the adverse possession of another is conveyed, the grantee may maintain an action in the name of his grantor to recover from the adverse holder.

4. Where the grantee of land, which at the time it was conveyed to him, was in the adverse possession of another, brought suit in his own name to recover it, it was not error to permit him to amend his petition also to join his grantor as plaintiff.

Syllabus by the court.)

EDITORIALS,

THE OFFICE SEEKING THE MAN.”

The friends of J. T. Parks, and all impartial friends of good county government in Cherokee County, are urging him to again be placed in nomination for County Judge. The services he so faithfully rendered this county have not been forgotten. Upon the admission of the State and the first general election held, he was elected its first County Judge and served in that capacity a little over five years. He organized the county without any other guide than the statute, and so effective and complete was the work done by him that the machinery of government moved without a jar of friction, and the administration of its judicial affairs were so conducted that a more enviable record does not exist in any county of the state. For integrity and faithful performance of duty his official record stands as clear as the light of day.

This county had much Indian land and the labor of making, correcting and keeping Indian titles and Indian guardianships in order was a monumental task. This he accomplished and like one who clears a forest and subdues a wilderness, he closed his services and rendered a full and complete account of his stewardship that not only met with the unqualified approval of the State Examiner, but remains a record, clear, untarnished and pure as the driven

snow.

Is there any wonder that the people of Cherokee County desire to again place Judge Parks in office in view of such a record?

In behalf of the future welfare of Cherokee County, in behalf of its safe and economic government and its prosperity, let the intelligent, lawabiding citizens of the county, irrespective of previous antecedents see that Judge J. T. Parks is nominated and elected.

The Death of the honorable John R. Thomas. Perhaps it can be truthfully said that of the many prominent men in the State of Oklahoma none are entitled to greater honor for his public services, nor to more conspicuous mention than Judge John R. Thomas, who met his untimely and unexpected death at the hands of assassins while on a business mission to the State Peni• tentiary a few weeks since, To our readers outside of the state who may want to know how euch dastardly ac currence could happen, we will simply state that the Judge went there on business and happened to be in the office at the nick of time when several prisoners were trying to escape. True indeed is the adage: "That in the midst of life we are in death."

At the age of 17 Judge Thomas enlisted in the Union cause in Company D 120 Indiana Volunteers and before his nineteenth birthday he had been commissioned a captain. During his service in the Civil War he engag ed in many notable campaigns and battles including the campaign in Northern Georgia from Chattanooga to Atlanta, the battle of Kennesaw Mountain, the operations in front of Atlanta and the battle there, and the pursuit of Hood's army. In the bloody battle of Franklin he received a wound which never fully healed and.which caused him pain and inconvenience during the remainder of his life.

He also participated in the battle Nashville and dur• ing the latter part of his service he was acting adjutant to General Hardin, commanding the District of Raleigh.

For generations the family of Judge Thomas has been one of patriotic soldiers; his father having been an officer in the Mexican war and his grand father in the war of 1812.

In the late Spanish war be was authorized by the United States Government to raise troops in Oklahoma which he successfully accomplished. In fact all his life he was in touch with the leading men of the Nation and when services were needed requiring skill and sincerity of purpose Judge Thomas was enlisted by reason of his

trustworthiness, skill and ability. He while a citizen of Illinois, for ten years represented that State in the Con. gress of the United States, and his services in that ca. pacity are still remembered as examples of faithful performance of public duty.

Judge Thomas was a far greater man than those unacquainted with him ever supposed. While he so unfortunately met his untimely end at the hands of felons, and assassins, his memory will remain bright for generations, and like a mirror will reflect the patriotic statesmin, the conscientious lawyer, the true friend and the genial, courteous gentleman,

NELLIE E. PRATT, Plaintiff in Error,

vs.

CHARLES H. PRATT, Defendant in Error. (Rendered February 26, 1914)

No. 3524

Error from District Court of Canadian County. Hon, George Clark trial Judge,

Affirmed

1. Appearance-General Appearance-Motion To Vacate Judgment.-Where a party against whom a judgment is rendered files a motion to vacate the judg ment upon the ground that the court has no jurisdiction of the defendant, and said motion is based upon nonjur isdictional as well as jurisdictional grounds, HELD, that thereby said party enters a general appearance though said appearance had been made at the trial. Ziska vs. Avey, 36 Okla.

2. Divorce-Pleading.-In an action brought for a divorce, a petition which embodies the essential aver. ments for a divorce on the.grounds of abandonment, is sufficient. A petition which alleges the marriage contract; that the plaintiff had been a resident of Oklahoma for one year prior to the date of filing plaintiff's petition; an actual resident in good faith in the county in which the action was brought, and said petition shows that defendant abandoned plaintiff for more than a year prior to the filing of said petition, without cause or provocation, sufficiently states a cause of action.

HUMOR.

Hearsay Evidence.-A young woman was testifying in a case, when she was interrupted by the Judge: "That is hearsay evidence, and is not competent." After a few moments reflection the judge asked, "how old are you?" "I have been told judge, but I cannot tell you," replied the girl, "It is hearsay evidence."

A Justice of the peace acquitted a pickpocket for having been found slipping his hand in another man's pocket, but on the ground that the pocket was empty and nothing stolen. Whereupon he ordered the owner of the pocket arrested for carrying on false pretences.

6.

A Western Juryman. Judge I don't want to serve on this jury." Why, asked the Judge? "I have got five dol. ars in my pocket, and I dont like the looks of three jury. men you aleady have on the jury."

The prisoner looked ragged, and unkempt. The judge looked at him asked: "Have you ever been arrested?" "Come off, Judge, don't rub it in." "Do I look like an amateur?"

A miller had a neighbor arrested for stealing wheat. Upon trial ne could not prove it. The justice ordered the miller to apologise. 'Well," said the miller to the man arrested. "I have had you arrested for stealing my wheat, I can't prove it, and I am sorry for it."

A criminal law lecturer in opening the course quoted the following as the foundation: "Whosoever sheddeth man's blood by man shall his blood be shed." Genesis 9-6. Next day a student who claimed to want to have a thorough knowledge of the foundation spent the day hunting for genesis Reports.