Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 9, No. 41, Ed. 2 Saturday, January 8, 1898 Page: 1 of 4
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Capital.
THE FIRST PAPfcR PUBLISHED IN OKLAHOMA.
VOLUME 9.
PART TWO.
GUTHRIE, OKLAHOMA, SATURDAY, JAJNUAHY 8, 1897.
12 PAGES—9 TO 1L\
NUM15EU II.
LAWYERS MEET
Oklahoma Bar Assodatior^JMet in An-
nual Session Today.
ADDRESS BY PRES. SHARTEL.
Hon, K«JK.tr Huiicrofr Will Make an A«l-
•IrrNH Tonight on "The Lawyer and
11*stHtc"—Program For Tomor-
row—Kanquct in the Evening.
The city is filled with lawyers to-
day who have assembled from every
section of the territoryto attend the
annual meeting: of the Oklahoma l ar
association. The meeting was called to
order at 2 o'clock this afternoon in the
district court room by President J.
W. Shartel. Mr. Shartel delivered his
annual address to the association.
His address was logical and full of
meat for the profession. It is given
in full below.
Following the address of the presi-
dent miscellaneous business of the as-
sociation was taken up. Several mem-
bers were added to the already large
membership.
Papers were then read by
H. H. Howard, of Oklahoma City.
linn. Robert Lowrie, of Stillwater, and
C. O. Blake, of El Reno, on suggestions
for the formation of a state constitu-
tion. The papers were followed by a
general discussion by the assoc iation.
Gov. C. M. Rarnes will deliver the
addres of welcome to the association
this evening at 7:30 in K. I'. hall. The
address of Gov. Rarnes will be follow-
ed by the annual addres of the associa-
tion on "The Lawyer and the State."
by Hon. Edgar A. Bancroft, of Chicago.
Mr. Bancroft is one of the most able
lawyers in the west and as an orator
is excelled by none. The demand for
tickets to hear Mr. Bancroft has been
large, as every one is anxious to take
advantage of the opportunity to hear
the celebrated juritst.
The program for tomorrow includes
addressesby several of Oklahoma's
foremost lawyers. It is as follows:
Paper—Needful Modifications of the
Jurisdiction of the Courts—F. L. Boyn-
ton, Kingfisher.
Paper—Humors of the practice—L. E.
Payne, Chandler.
Paper—Changes in the collection law
—R. E. Wood, Shawnee.
Discussion—John H. Cotteral, Guth-
rie.
Discussion and recommendation to
the legislative authority of suggested
changes in the laws.
Miscellaneous business.
Election of officers.
Tomorrow evening the* annual ban-
quet of the association will be held.
PRE8II >ENTTCADDRESS.
The following is the address of Pres-
ident J. W. Shartel, delivered before
the bar association:
Gentlemen of the Territorial Bar As-
sociation :
In compliance with the requirement
of constitution which directs your
president at each annual meeting to
communicate such noteworthy changes
in the laws or other matters of inter-
est as may concern the profession or
association, I hereby submit for your
consideration a few suggestions which
seem to me to merit notice.
The lawyers of this territory during
the past year have taken an interest in
the success of the association which is
truly gratifying. It is thereby dem-
onstrated that the members of our pro-
fession do not follow their calling sole-
ly as a means of livelihood, actuated
by no worthier motives than bread-
winning. not so deeply engrossed with'
the mu* krake of mere case-winning
that they cannot see the angels hover-
ing over their heads in the form of
nobler thoughts. This association is a
means of education for its members in
the stern and practical duties of the
profession, and I do not detract from
it as an instrument to that end when
I say that the granite-paved thorough-
fares of the law is more easier for the
wayfarer for its grassy borders, beds
of flowers and shady resting places.
Ours is a profession which shows its
followers the most unpleasing side of
life, the endless contemplation which
tends to obliterate something of our
m« re generous and kindly sympathies
and to give our natures a hard cast,
and if not opposed, too often peoples
the granite roadway with granite way-
farers. Our mission is a broader one
than to try as many law-suits as we
can. try them as well as we can, and
then die. We, as a profession, are
abler for its duties by being on the best
of terms with each other and in hearty
sympathy with the rest of the world.
To our profession the public looks for
guidance and wisdom in framing laws
and reforming their abuses. It is quite
clear that any lawyer is better and
stronger who will avail himself of the
means offered by this organization of
meeting his fellows for common enjoy-
ment and recreation, and the exchange
of views for the betterment of the laws
and the elevation of the profession.
Hence I say. it is gratifying to note
the lively interest taken by the pro-
fession in the growth of this organiza-
tion and I trust I may venture to ex-
press the hope that that interest will
continue and grow until every lawyer
in the territory, entitled to the name,
will deem it both a duty and a pleas-
ure to take an active interest in its suc-
cess. If we who meet the defects of
the law face to face and its beauties as
well, cannot take the trouble to im-
press our better means of knowledge
upon our fellow citizens, patriotism is
at a very low ebb among those whose
first delight ought to be the reforma-
tion of that which is bad to the pres-
ervation of that which is good in the
law.
ASSOCIATION A POWER.
Gentlemen, it is also true, that as
long as we faithfully and fearlessly
adopt the course of pointing out to the
public at large and the legislative bod-
ies who makeVur laws those remedies
which are clearly needed, we will be
given a respectful heuring and our
recommendations will be followed in
the making of better laws.
At our last annual meeting, after
careful deliberation, we adopted cer-
tain recommendations to the legisla-
ture of certain needful changes in the
statutes, and with two or three unim-
portant exceptions it put every such
recommendation on the statue books
of the territory.
It is, therefore, clearly demonstrat-
ed. by past experience, that this asso-
ciation can wield a power for the bet-
terment of the laws of the territory,
which is of the very greatest conse-
quence to itself and the public at large.
Since the last meeting of this associ-
ation the fourth legislative assembly
has met and completed its work, and
of the results of this work I shall
briefly speak.
The measures enacted by this body
concerning the fiscal management of
the municipal corporations of the terri-
tory, with the possible exceptions of
cities of the first class, where the limit
of tax levies for city revenues was ex-
tended, all tend in the direction of
economy and lower taxes. In this I
think our late legislative assembly is
justly entitled to much credit. It would
have been a greater source of credit to
them, however, had they not only in
requiring the other branches of the
machinery of the territory to spend
less money set that wholesome exam-
ple themselves and practiced a rigid
economy in the expenditures occasion-
ed by their own body. I do not think
anybody will be found, however, who
would assert that they did that, but
on the contrary, the extravaganc
this legislature with their own pay
may notify his warrantor to defend is
changed into an absolute requirement
that he so notify him to defend, unless
it is clearly proved that surh notice
was impossible, and if such notice is
not given, the warrantor is discharged
from all liability on his warranty. Ii
judgment goes against the grantee on
the warranty, it also goes against the
grantor in the same case where the
grantee suffers defeat from paramount
title. The provisions of the previous
statute de ■larnig every conveyance of
real estate with the intent of defraud-
ing creditors void, excepted therefrom
subsequent purchasers and incum-
brancers in good faith. This exception
by section 29 of the act in question is
repealed and the declaration of the
statute is absolute, that a conveyance
made for the purpose of defrauding
creditors shall be void. Whether it
will be possible for the courts to ration-
ally construe this section so as to pro-
tect the rights of innocent purchasers
is a matter of great doubt. Should
they be unable to do so the effect of the
legislation in question will be subver-
sive of all titles to real estate except
that class which is exempt by law
from seizure by creditors.
There are other imperfections in this
act which will easily suggest them-
selves to the profession when the en-
actment is scrutinized under any pos-
sible hypothesis. Whether these diffi-
culties may be met by a construction
which will eliminate them or not. the
doubt and uncertainty obtaining until
such construction is had, make this
piece of legislation an exceedingly un-
fortunate one for this territory.
RESTRICTIONS OF EXPENDI-
TURES.
Many needed restrictions were by
the last legislative assembly placed
f j around the expenditures of the public
. moneys which will eventually make
roll is too generally understood to call
their influence felt in decreased taxes.
lars that the constitution of the United ' do I mean to assert, that the law is
States is not in force in this territory, ( capable of wiping out the vices men-
and their decision would be final. From ; tioned in this section. I do mean to say
a reading of the clause of the organtic j that if the t itles of this territory are
act in question I think the omission ; permited to work these dives for rev-
was clearly inadvertent, and 1 believe . enue. it ought to be called by its right
that if the matter were properly called, name and they ought to have the power
•f the judiciary com-
ss it would be speed-
to the attention
mittees of congr<
ily rectified.
CIVAL REFORM.
There is one other subject w hich I
commend to the thoughtful and earn- iers
est consideration of every lawyer and j take the
to the deliberation of this meeting, and ; ishment.
that is the subject of civil reform. If
there i* any weedy spots in American I their div
jurisprudence it is the wrechedily poor J does not r
government of . ur cities. Here ^the
standard of official integrity is usually
found at its lowest. This condition is
partly attributable to the fact that vice
is often more predominant in cities
than in rural districts, but it must be
confessed that it is also attributable in
a very great measure to the kind of
laws that are passed granting to these
corporations their charter powers. In
the older states the people have found
generally that it is one thing to talk
about securing reforms and altogether
another thing to secure them. Take
the state of New York, for instance,
and the party in power that attempts
an> drastic measures looking to pure
government in the cities and to the
stamping out « f corruption in official
life, is promptly retired. Professor
Von Holtz. as long ago as 1873, in his
treaties on the American constitution
in commenting on state and national
governments says: "The more compre-
hensive and thorough one's knowledge
is of the conditions under which the
United States have attained their pre-
sent social and political statutes. #the
more convinced will one become, de-
spite all sharp criticmsi of all individ-
ual instances, that a judgment of the
whole phenomenon must be embodied
in these words: "No people, of ancient
or modern times, shown a greater gen-
ius for founding a state," but he turns
FOR BETTER LAWS
Annual Address By Ldgar Bancroft
Well Received.
to license them over and above board
and to face the world with its result-i L1n„ ™ . ... fil ... ni,ni,
irv of pr.'brium. or else this power to j ABLL i Al KRS KRAI),
punish w hich has been so grossly pros-
I~- merit of hw hat aU pn.perly bej—>'
laDie ciegiee, ' .. ment "f the cities ot the United Satets
assessed at its true value in money. !
for extended comment. It is to be hop- ! un<1 " is earnestly hoped that the ne-
ed that future meetings of that body ' ation of the county assessor will result
may begin their financial reforms by. ln securing a substantial compliance
limiting their own expenditures, at with the organic and statutory require-
least, within some reasons
of lavishrness. j Ven7oraSsess'ing i w h I1'"1,1?1"* and disgust and ....
LEADING MEASURE PASSED. property in this territory by townships by'ar 't'-'JH-'kest I,irUne in the pub-
Among the leading measures which has demonstrated its unfitness for J,"A (i>.' ^ !*' Y.y/ . ,f
the fourth legislative assembly enacted J curing either practical uniformity or! i ♦' ' V nY. • ' 'i't ■ \ •' '
is the act for the regulation of terri- I anything near the valuation of prop- • ' . m- !' f .i '
torial banks and banking institutions, erty for taxation at its true valine in : spi,lUV,i u'p so exuberantly can
As yet there has been little opportun-I money. , | also generally be found in the cities of
ity to Observe its practical operation. I Among other important enactments (h). , and th(rd rank „
as few new banking institutions have is that providing for the payment of aljHI. the ,.vila lesf „„
been established since its enactment. ! all tines into the county school fund .
and as it did not go into effect until | that providing for the confinement of
the first day of January, 1898, with ref- i juvenile offenders in the reformatories,
erence to previously organized insti- i and the. act to encourage irrigation
tutions. The purpose of the law to ■ and providing for the acquirement of
exercise a rigid visitorial power over! water-rights and the construction of j P< >W-ERB OF CITY COUNCILS,
these institutions to the end that the j irrigating canals, all of which seem to j Mr. Bri'e, in his classic commentary
public may be protected in its dealings me to tend in the direction of impr ive- on American institutions, comes to the
with them, is commendable. The act , inent. [same conclusion, and the same views
is not, however, a carefully considered i appfi I \TF COURT
piece of legislation, and in its details)
is likely to engenier much difficulty in | °nP * ther effort to secure need-d re-
its practical enforcement. A measure i ''''' f°r territory attempted gener-
of a similar character was introduced by the profession has net y -t pro-
early in the session and commanded j ven successful. During last summer
perhaps more of the attention of the j the question of the creation • : a tri-
legislature in its consideration than I hunal in the nature of an appellate
ther measure considered by that | rourt for both Oklahoma and the In-
| count of all kinds of accidental cir-
cumstances and especially because the
j capacity of the developement of these
< f the community."
tituted into mere power to levy black- I
mailing, w ipe out, and let these offend-
stand before the territory law and
chances in escaping its pun-
It may at least be said to the
lit of Sodom and Gomorrah that
ran w ide open, and history
•ord that the government of
either city was a side partner or sus-
tained Itself or its officials with a part
of the rakeoff from its gambling tables
or a share in the receipts from deprav-
ed womanhood. It is generally true
that whatever the power to create
offenses and to provide for punishment
therefore, has been entrusted to a city
government with the exception of spas-
modic and temporary periods of virtue
in the governing bodies. That trust has
been grosely betrayed. The time for
this commonwealth to get the in ister-
hand is now. when the cities are few
and unimproatnt, because by in i by
these cities will grow to th^ p nt
where their political signifinance is
such that party cowarlice will be a
stronger power than public virtu .
In this brief space 1 will be unable
to touch on other defe ts i?i our sys-
tem of municipal government, but I
submit the entire subject t > you as < ne
worthy of earnest ••onsn1 'ration, with
a sible, and with a v'e-v oi leading to
a discussion which may aid our coming
legislature in enacting measures for the
creation of a system of city govern-
ments that will secure the highest de-
cree of efficiency and purity in their
administration, and which may enable
thiscommonwealth to avoid the rocks
on which others have foundered.
ebeen expres
; can authors and
; ditions, notably
: Henry George,
ISeth T. Low. O
amc
ed by leading Ameri-
uudents of social con-
firming whom I recall
Richard T. Ely and
ie of the fundamental
any
body. It had arrived at that stage
where it had all but become a law
when the bill was lost or mislaid on
the last day of the session. One of the
printed bills as originally reported by
the committee was substituted and
read in both houses under a suspen-
sion of the rules and passed without
amendment, whereby all of the atten-
tion which was given to the details of
the original measure was entirely lost.
The result i«* a very inartistically word-
ed law which, by reason of its obscur-
ities. impractical features and self-con-
tradictions, will probably in its prac-
tical operation engenier many difficul-
ties and. incidentally, may compel
somebody to hire a lawyer.
CONVEYANCE OF REAL ESTATE.w
One of the most remarkable meas-
ures ever adopted by any legislative
asembly is the late enactment on the
subject of conveyances of real proper-
ty. Section four of this act would
seem quite plainly by its terms to re-
quire both the granter and the grantee
in a deed to subscribe and acknowl-
edge the instrument as a condition to
its validity, and it is doubtful if there
is enough in the context, taking the act
as a whole, even if the language were
to be regarded as ambiguous, to over-
come the expression used, and it is
quite possible in this territory that
deeds-poll are abolished and that the
only legal form of conveyance of real
estate is by indenture, duly subscrib-
ed and acknowledged both by the
granter and grantee. The provision of
section eleven with regard to unrecord-
ed instruments affecting the title to
real estate is anomalous. The unre-
corded instrument is declared to be
void against third parties except sub-
sequent purchasers with actual notice
of such unrecorded deed. It would
seem to make no difference whether
the subsequent purchaser buys for a
valuable consideration or not. It would
seem to let the judgment creditor and
the attachment creditor of real estate
in ahead of such unrecorded deed. In
fact, the palpable effect of section
eleven is to make an unrecorded in-
strument of no value and to require its
record almost as a part of the execu-
tion of the instrument itself. Deeds
intended to operate as mortgages are
dealt with in a very peculiar manner.
The purchaser from one in good faith
who holds a deed to real estate intend-
ed to operate as a mortgage, takes no
title. He merely takes a right to re-
imbursement for his purchase money
with the intere st. and if there is a
separate instrument of defeasance and
it be not filed with the deed, the filing
of the deed shall be uneffectual to im-
part notice.
* PECULIAR PROVISIONS.
On the subject of warranties and re-
course against warrantors in convey-
ances of real estate, the provision of
this enactment are somewhat peculiar.
dian territory—in short, to sit as the
supreme court of Oklahoma and the
court of appeals of the Indian territory
composed of the same juciges—was agi-
errors in legislating for these munici-
pal bodies, in my judgment .is in the
surrender by th- state of any part of its
sovereign power to be administered
locally. It presents a peculiar spec-
tacle and is well illustrated by what is
actually transpiring in this territory,
r the territory to declare the main-
tated and calls were prepared and sent I „ ,.f „ gambling house a felony
out to the profession in both territories i an^ f(ir acitv t<. subject the same
•ffence to a fifteen dollar fin". By
looking to the calling of a joint meet- i
ing of the lawyers of both territories
for the purpose of formulating a meas-
ure of hiis^ kind, which received the
practically unanimous support of all
the lawyers of Oklahoma territory and
those from the southern portion of the
Indian territory. In the eastern por-
tion of the Indian territory the propo-
sition was met by a storm of opposi-
tion which raised the issue of the ques-
tion of the future statehood of these
two territories and succeeded in unit-
ing such opposition to the plan to the
point where it was deemed impracti-
cable to approach congress with that
degree of unanimity which would be
necessary to promote the success of
such a measure. It ought to be a
source of regret that political aspir-
ations and partisan feeling should have
been permitted to obstruct a measure
which is so sadly needed as the di-
vorcement of the trial and the appel-
late courts in both the Indian territory
and Oklahoma territory. The blending
of the functions of the trial and ap-
pellate judge has been found so objec-
tionable that it has been discarded in
practically all of the older states in
which it once obtained and in England
from whence the idea was borrowed.
Our experience in Oklahoma makes it
seem wonderful indeed that a people
who are vestedwith the power to make
their own laws retained such a system
as long as they did. It is very unlikely
that we could secure at the hands of
congress, however, the adoption of the
plan for separate trial and appellate
judges for this territory alone. There
is another feature of our present judi-
cial system which I think ought to be
rendered, and eoncerningwhich I re-
commend that this meeting take some
action addressed to congress. By our
organtic act, in order to prosecute an
appeal or writ of error to the supreme
court of the United States, the amount
in controversy must exceed the sum of
five thousand dollars. Appeals and
writs of error to the circuit court of
appeals lie in no cases that are likely
to arise, except criminal cases, where
the punishment is not capital, ln this
respect the provision is unusual, no
ed in the organtic act of any other terri
in the organtic act of any other terri-
tory except possible two, the general
ruling being that appals ancl writs of
errors lie in all cases where there is a
federal pustion involved, regardless of
the amount in controversy. I do not
suggest that the learned and consc ient-
ious gentlemen who compose the judi-
ciary of this territory would commit
any such folly, 1 suggest the possibility
only for the purpose of Illustration,
that the supreme court of this territory
could hold in a case where the amount
The common law rule that the grantee involved is less than five thousand dol-
section 21 of the act regulating cities of
the first c lass, the city council is em-
powered to enact ordinances, to pro-
hibit gambling houses and other dis-
roderly houses and the section con-
cludes with the following bit of choice
satire:" No license shall ever be grant-
ed for any house of prostitution, gamb-
ling house, gambling device, game of
chance, or any disorderly house or
practice, and no city officer shall ac-
cept or receive any hush money or any
money or valuable things from any
persons engaged in any such business
or practice or grant any immunity or
protection against a rigid enforcement
of the laws and ordinances, enacted to
restrain, prohibit and surpress any
such business or practice."
CREATES DISRESPECT OF LAV/.
The author of this measure surely
must have been perpetrating a grir
joke when he penned these words. If
there ever was a fester calculated to
breed a disrespect for law a.id to ter-
minate corruption in official life, it is
this very provision of the law which is
wilfully set at defiance in every im-
portant town in this territory, except
w hen inerrupted by some temporary re-
form fever, spasmodic in its character
and of no particular duration and
which teaches the vicious lesson that
the laws are some times made not to
be enforced but to be set at defiance,
which makes an official oath a trifle,
not to be observed in execution of the
laws, and which brings the gentry de-
nounced by this law into police court
once a month for a periodical fine, the
rigors of which are mitigated in hard
times and increased in good times, so
as to foster their vicious calling and
to fill the city officials' pockets with
fees and to bring a little money into
the public treasury as an appeal to the
tax payer to permit these things to
exist.
PERSONAL OBSERVATIONS.
I am not a reformer, as that term
goes. I am not one who believes from
a very close observation
nf numerous
HENS HEATS THEM ALL.
Wheat is great, but in '96 the hens
saw wheat 237 millions and raised ii
more than 50 millions.
Potatoes must have been few in the
hill in '96 for the hen product exceedel
it in value more than 200 million dol-
lars.
In 1896 the cost of the Postofilce de-
partment was $90,626,296. The hens
paid that and had nearly 200 millions
left to put into the postal savings bank.
The total interest on mortgages in '9*;
was $76,728,077. The American hens
not only produced enough to pay the
interest, but enough more to pay 2->o
millions on the principal.
In 1896 this country produced$72,510,
000 in value of silver. The despised
hen produced 290 millions, and she nev-
er read "Coin's Financial School"
either. The greatest financier that
lived was "Old Grimes's hen," "which
laid an egg on every day and Sunday
she laid two."
In 1896 this nation paid, on account
of pensions, 139,280,078, and some folks
kick at the amount. Rut our hen« paid
that bill and had more than 150 million
dollars over to apply on the nex: war.
In 1896 California produced poultry
in value of over 4 millions. The lf-96
product of Iowa was worth 6 millions.
The poultry product of Kansas which
was shipped out of the state in '96 was
4 millions dollars' worth, while the
shipped product of the state of Mis-
souri in % was over 7 million dollars.
Henry county alone shipped $401,160
worth of poultry and eggs. Armour,
last year handled a. milion dolia.b'
worth <>f dressed poultry.
The census of 1890 informs us that
we have in thsi country, in round num-
bers, 41'2 million farms. We have, be-
side, a vast number of small holdings
and village homes. On all of these
fowls are kept. We se the herd of
cattle, we see the horses in the pasture
and stable, but we do not see the vast
number of fowls in the land, because
they are in small flocks on all these
farms and about all these homes.
Just think for a moment what a
vast sum is represented if each hen's
egg product is increased one dozen
eggs a year and her size increase by
half a pound. This, better care and
systematic using of improved males,
will they easly do.
To bring the knowlege of the value
of improved fowls to the general pub-
lic is the object of such poultry shows
as is the one established in Oklahoma.
WANTS TO FIND HER SON.
Anyone knowing the whereabouts of
Charley Johnson, who left his home in
Kansas City, Mo., en route to his
grandmothers, Alice Bonds in Chica-
go, about eight years ago, will kindly
inform his mother, Susan Johnson. 616
Capital Boulevard, between Lincoln
and Grant.
Rev. Barney Kelly, the noted Kan-
sas preacher-politician, recntly appoint-
ed chaplain in the United States army,
arrived at Fort Riley Friday night and
reported for duty. For two months he
will be under the instructions of Chap-
lain Berry, after which time he will be
assigned to some military post for
active duty.
The regular quarterly examination
feu* county tachers will be held in the
office of the county superintendent,
Friday and Saturday Jan. 28, 29, be-
abortive attempts, that the legislature 1 at «o*clock Friday mornlng.-
can coerce to personal morality. 1 have | Henr>' H- D"dd' °ount>' Superintendent,
lived in Kansas ancl have seen that hid
eous farce called prohibition. I hav<
sen the habit of screening the liquor I
dealer with perjury ripen into adegrad-;
ed view of the sanctity of an oath that
breeds in the1 minds of the people and
renders liberty and property precar-
ious in its courts and characterizes lit-
igation in its precincts as mere swear-
ingmachines. If you have occasion to
doubt my assertion, investigate the an-
tecedents of the two or three hundered
persons convicted of perjury in this ter-
ritory and find out what state they
came from.
Supreme court convened this morn-
j ing, Juciges Dale. Tarsney. Keaton and
Bierer sitting. Adjournment was taken
until Thursday morning on account if
the Bar association meeting. •
William A. Maurer was married in
El Reno Dec. 30 to Miss Hettie Evans.
Mr. Maurer is well known in this city
He is assistant county attorney of
Canadian county.
R. E. Jenness has taken charge of
the Chandler postofflce. His son, Paul.
Hence, I do not assert, nor is assistant postmaster.
II. II. Howard ancl c. O. Hiakn TnIW of
I.mwm Mud Uwycrn ItMiiqufft Tonight
lu llouor nl i h«> Vlnltlng Member*
«•! tli* Ion.
The association met at 7:30 and was
c alled to ordei by President Shartel,
who introduced Gov. Barnes. The gov-
ernor made the following welcome ad-
dress:
WELCOM ING ADDRESS.
Gentlemen:—In behalf of the mem-
bers of the profession resident in this
city, the seat of the supreme court of
the territory and in behalf of the peo-
ple of this city I cordially greet you
and bid you a sincere and hearty wel-
come, and 1 wish to assure that we
are at your service so long as you
choose to remain with us and that we
will be happy to do anything possible
to contribute to your pleasure and your
comfort and to facilitate the high and
honorable purpose of your asembly.
The profession of which you gentle-
men are a part and which is soablyand
intelligently represented at this meet-
ing is to my mind one of the most im-
portant if not the most important and
valuable to the welfare of our country
and our territory. It is therefore a
duty that we owe to our fellow citi-
zens ancl to ourselves that we should
gather together from time to time and
hold informal discourse and formal
consultation as to the progres of the
science which it is ours to cultivate and
maintain.
These meetings furnish the opportun-
ity not otherwise enjoyed in the hurly
burly < f an active practice of the law
to compare notes and deliberate upon
questions of c urrent interest and im-
portance and it seems to me that the
lawyer who remains outside of the
membership of this body is not as en-
thusiastic in the love of his chosen
profession as he reallyought to be and
is not thoroughly impressed with the
duty and responsibility that rests upon
every one who holds himself out as
competent and capable to advise his
fellow men in all those important rela-
tions of life that it is the especial pro-
vince of a lawyer to do.
In your every day practice In our
various courts you are preparing the
•foundation upon which the future wel-
fare of the peopple of a great ancl pros-
perous state, which will soon be erect-
ed and established here, must largely
depend.
Your deliberations at these annual
meetings are also of much interest and
importance to the younger members
of the profession. The program for
your disc ussions has no doubt been
an able commitee and we expect not
only able and digested papers upno the
subjects assigned, but also free and
unlimited discussions of the important
subjects selected for consideration
which will be of great interest to the
association ancl wil result beneficially
to al our people.
Uniformity of legislation by the var-
ious states upon many of the subjects
of state regulation, and practice Is
much to b< desired, ancl while 1 regret
that 1 cannot congratulate you upon
the success of the first effort made by
this association in that direction,I wish
to say that you made no mistake in the
recommendation to our last general
assembly to pass the national associa-
tion bill for a uniform law on negotia-
ble instruments. The mistake was ln
urging its importance upon the mem-
bership of this association to such a
degree as to awaken general interest In
its passage by the legislature. I hope
you w ill at this meeting again urge its
importance and that siah an interest
will be aroused that each individual
memeber will return to his home pre-
pared to impress its benefits and im-
portance upon those who will form our
next general assembly. Notwithstand-
ing the lack of general interest in the
measure the bill would have passed
any way had it not been that in some
way the honorable member from the
rural district of Oklahoma county be-
came so cognizant that the lord chief
justice of England had read the bill
and approved its terms and its objects
That settled it. when he found that
out the fate of the bill was sealed. His
arguments against the bill for that rea-
son were simply unanswerable—and
his eloquence of description as he told
of how the grasping greed of the Brit-
ish lion was reahcing out to strike
down our liberties and absorb our
wealth was too much for conservative
resistance. The bill was hurried to an
untimely end upon his motion that it
be laid away under the table.
It is your duty gentlemen and your
privilege to get the bill upon its feet
again and see to it that it meets a bet-
ter fate next time.
But gentlemen I am here not to urge
or instruct as to the duties or the priv-
ileges of this aossociation but to voice
to you the sentiments of satisfaction
and pleasure that it is to our Guthrie
people to have you with us. We hope
that you will find great pleasure and
profit in your deliberatons and that
your sojourn among us will be a pleas-
ant one to each and all of you. You
have a right to all that is good and we
tender to you the best of everything
we have.
I am proud of the honor delegated to
me to welcome you as our friends and
our guests and again I extend to you
the sincere and hearty welcome of our
people.
JUDGE MUESELLER'S ADDRESS.
The response to the governor's wel-
come was made by Judge A R. Mues-
(Continued on tenth page.)
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Reference the current page of this Newspaper.
Greer, Frank H. Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 9, No. 41, Ed. 2 Saturday, January 8, 1898, newspaper, January 8, 1898; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc275759/m1/1/: accessed July 2, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.