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to the compensation of officers of like character. (Sec. 3027 Wilson's Revised and Annotated Statutes, 1903.) In said section it is stated that county attorneys shall be allowed by the board of county commissioners, as compensation for their services, a salary. We look at an entire instrument, and compare all parts therein, with a view of ascertaining the meaning thereof. In said section 1, chapter 14, p. 161, Session Laws, 1903, supra, in all counties with over eighteen thousand inhabitants the probate judge is permitted to retain the salary of $1600. 00 out of the fees. The Constitutional Convention, considering the duties of the county judges in counties with over twenty thousand and up to thirty thousand inhabitants, provided that they should have a salary of $2.000.09 per annum. Could it be reasonably said that convention intended that as to counties with a population of over eighteen thousand, if the fees amounted to say $10000.00 per annum, that the county judge in such counties should receive that amount as compensation, when in counties of twenty thousand inhabitants he would in no event receive over $2000.00 per annum? We think not.
We accordingly conclude that the compensation of the county judges in counties whose population do not exceed twenty thousand people should be the salary as provided in section 1 of article 14 of the session Laws of Oklahoma Territory, 1903, supra. It necessarily follows that the relator is intitled to the relief prayed for.
Let the peremptory writ issue.
FALLACIES OF THE LAW.
Chicago, Ill. Cervantes destroyed Knight Errantry by satire, and Dickens abolished the Marshallsea and the barbarous customs of penal English Institutions by the power ridi cule. The author of Fallacies of the law, although in a modified way has often used the same weapons in a masterly manner and successfully demolished many antiquated notions that have survived their usefulness, if they ever were useful, to any extent. In his 'Foibles of the Bench,' Frailties of the jury,' Foibles of the Bar, and now the Fallacies of the law, has shown many weak points in those branches of study to which the lawyer of necessity must devote the best part of his life. In Fallacies of the law he shows the inconsistent and illogical which has for centuries controlled the rules of conduct and upon which the decisions of the courts have based many opinions that yet prevail and guide in declaring personal and property rights. The volume is devoted not only to special enactments but to the fallacies of many general laws, common and statutory. While we commend the book as we have all his other writings, we take issue with the author in his conclusions relative to common carrier3, innkeepers and those operating electric plants, and cannot endorse his views as to the degree of care. See his views in chapter five of this otherwise excellent work. The book should be read by every lawyer, for while you may occasionally differ with him, he presents so many thoughts that the advo. cate should utilize. The book will be found indispensable in argument or brief drafting.
EDITORIALS, The Supreme Court of Oklahoma will take a recess during the two hot months and will not meet in regular session without some great emergency arises.
The Supreme Court of the United States adjourned for the term on June 1st, 1908.
Many leading democratic workers are making preparations to attend the Democratic convention at Denver.
Through the kindness of Hon. Geo S. Ramsey, one of the leading lawyers of the eastern side of the state, we have received a complete copy of perhaps the masterpiece opinion of Judge Ralph Campbell, which is being set up for publication in the July number of The Oklahoma Law Journal. It is the case of Albert W. Shulthis vs. D. A. MacDougal, et al.
The Alumni Association of the University of Kansas at its annual meeting elected Judge Jesse J. Dunn its President. Judge Dunn is a graduate of the Kansas Univer. sity of the class of 1893. The Judge by his scholarship and social disposition has always held the highest esteem of the Bar. In 1903, he was unanimously chosen President of the Oklahoma Bar Association, a position he filled with benefit to the Bar and credit to himself. Soon after the passage of the Enabling Act, he was made Chairman of the Democratic organization of the New State and all his efforts were crowned with political success. Later he was chosen a candidate for membership of the new Supreme Court and elected. Judge Dunn has not only the confidence of all that know him but the future promises him a most brilliant career.
Hon. A. N. Munden, formerly of Seymour, Indiana, has located in Oklahoma City. Mr. Munden came to the new State principally on account of his health; but being an able lawyer and used to an active practice has opened an office and is rapidly securing a lucrative business. He came to the new state well indorsed by those who have known him well, and is a gentleman deserving the confidence of all.
The Ohio State Bar Association will meet in annual session at Put-in-Bay, on July 8, 1908.
WRITTEN OBJECTIONS.—There are cases in which, from rulings on the pleading or rulings on the evidence, the advocate will have reason to expect that the court will rule adversely to him upon objections to evidence. Where there is reasons to expect this, it is well to write objections in advance, with little comment delivər them to the court. There are cases where it is desirable to state and argue objections, even though they are cer tain to be overruled. But these are exceptional cases, seldom arising in actual practice. When the advocate is quite sure that the evidence he assails can be overcome, it is well enough to persistently object, since that will make it seem the more important, and when it falls the greater will be the impression produced by its downfall.
Hon. Byron K. Elliott.
“THE AMERICAN AND ENGLISH ANNOTATED
Hon. Jesse J. Dunn,
Court of Oklahoma.
INDEX TO VOLUME 6.
A Form of Exercise of Legislative Jurisdiation
in the Indian Territory before Statehood 339
State District Court Opinions
368 and 391
Humor 42, 76, 251, 286, 337, 382, and 494
Current Decisions of the Supreme Court
Anderson vs. Territory
Brewer vs. Rust
Cole vs. M. K. & TR. R.