LAW JOURNAL EDITED BY D. H. FERNANDES, STILLWATER, OKLA. VOL. 1. JUNE, 1902. No. 1. The Journal. THE OKLAHOMA LAW JOURNAL is published with the following objects in view: First. To give the legal profession all such information as is desired and found in a practical law journal. Second. Oklahoma, being yet a Territory, under the supervision of the Congress of the United States, and the pleading and practice in its courts partakes to a certain extent not only of that of the code procedure, but also that of the federal practice, it will be the aim of this journal to explain the difference in the two modes and wherein they blend and together form the procedure and practice of this rapidly growing commonwealth; and to discuss the nature, powers and jurisdiction of all the courts of the Territory and the practice that obtains in each. Third. To give its readers a full digest of all the Oklahoma cases, together with a monthly synopsis of all legal decisions of the Supreme Court of Oklahoma, as well as that of the leading cases from adjoining states and territories that may be of interest to those practicing in Oklahoma. Fourth. To discuss, pursuant to the Oklahoma practice, several leading topics of the law, consecutively, and in book order. The first topic of the series will be a work on the "Probate Practice" as it obtains in Oklahoma, publishing in each number of THE JOURNAL one or more chapters of the work, commencing with each and and every essential step that is necessary in the settlement of estates and all probate procedure relative there. to to the final report and the closing of the estate, trust or guardianship. We believe that the above features in an Oklahoma Law Journal at this time, will not only commend themselves to the favorable consideration of the active prac titioner of the law in the Territory, but will prove a long felt want to beginners and those seeking to move into Oklahoma and familiarize themselves with the law and the details of its practice in this ever growing field of vast and boundless resources. In connection with the last statement, it may not be out of place to state that Oklahoma at this writing, as a Territory on the threshold of statehood. occupies the enviable position that no other territory which has been admitted and whose star now adds luster to the galaxy on the flag of the American Union, ever did occupy since states have been admitted upon a designated population and measure of progress. It has more population; it has more natural resources in course of development; it has more educational institutions, and better provisions to support its free school system, than any other. It has more churches; and the moral character of its people compares most favorably with that of the people of any state. It also contains now more railroad facilities for commercial enterprise than any other territory at the time of its admission. But on this subject of the his tory, progress and material resources of Oklahoma; the healthfulness of its climate; the intelligence and enterprise of its people, and the unrivalled future before it, we will speak more fully in subsequent numbers of THE JOURNAL; as we expect also to publish in consecutive order for the benefit of those out of the Territory a full history of Oklahoma: showing its progress from its organization to date; social, religious, political and educational, as well as industrial and legal. THE JOURNAL is to be enlarged from month to month in the number of its pages, so that this first number is to be considered more in the nature of a prospectus than as THE JOURNAL itself, in view of our plan and conception of what THE JOURNAL shall be. Hon. Carey Burdick, the state's attorney of Payne County during the past two years, has so ably conducted the duties of his office, that his re-election seems assured. The New Act. The new act of Congress, redistricting Oklahoma, increasing the number of judges, and fixing the amount of their salaries, reads as follows: "That hereafter the supreme court of the territory of Oklahoma shall consist of a chief justice and six associate justices, any four of whom shall constitute a quorum, but four judges must concur to render an opinion reversing a judgment or other determination of the district court. "Section 2. That it shall be the duty of the president to nominate and by and with the advice and consent of the senate, to appoint two additional associate justices of said supreme court, who shall have been residents of said territory for at least one year and who shall hold their office for the term of four years or until their successors are appointed and have qualified, and the chief justice and associate justices of the supreme court of said territory shall each receive as compensation the sum of four thousand dollars per annum. "Section 3. That the territory shall be divided into seven judicial districts and a district court shall be held in each county, as now provided by law. The supreme court of said territory shall define said judicial districts and shall fix the times and places at each county seat in each district where the district court shall be held and designate the judge who shall preside therein. Each judge, after assignment, shall reside in the district to which he has been assigned. The supreme court of said territory, or the chief justice thereof, may designate any judge to try a particular case or cases in any district or to hold the district court in any other district when the judge of said district is absent from his district or has been of counsel or is of kin to either party to the action or interested or biased or prejudiced in the cause, or if for any other reason said judge is disqualified or unable to hold said court. "Section 4. That the district court in each of said districts shall have same jurisdiction that district courts of said territory now possess. "Section 5. That the supreme court, or any justice thereof, shall have power to stay the execution or enforcement of any judgment or final order in any cause taken to said court by appeal or proceedings in error on such terms as may be prescribed by the court or justice granting such stay. "Section 6. That no justice of the supreme court of said territory shall sit as a member of said court or participate in the trial, hearing, or decision of any case decided by him in the district court or in which he has any interest." The three new Judges of the Supreme Court of Oklahoma recently appointed, are Judges Gillett, Pancoast and Beauchamp. |