of our sincere regret as well as of our effectionate regard and deep respect. Upon the creation of the criminal court of appeals, we were called with you to organize the new court. You came here with high reputation, justly deserved by a distinguished career as a practicing lawyer in several states and as a judge in your native state of Ohio. You were the only member of this court having prior experience as a judge. How well the members of this court have performed the high trust confided to their keeping, how well they have administered the law in behalf of the life and liberty of the citizen, is a matter for others to discuss and determine. We as your associates know how incessantly you have labored, how earnestly you have striven for justice and the right, and we know how the consciousness of an ever present sense of gravest responsibility actuated your labors. We know that courts are not infallible, but it can be truly said whatever of error may have crept into the decisions of this court, thus far, has been error of head and not of heart. An eminent divine has said: "An upright judiciary is the last protection of the helpless and friendless against the mad clamor of passion from below, or the tryannous grasp of power from above; the poor man's portion the widow's shield; the orphan's protecton against outrage and injustice: the vindicator of injured innocence, the strong arm thrown around the victims of prejudice and persecution the very citadel of public liberty, the very palladium of private right. So universal in this truth, that the inspired Psalmist many generations ago declared that where the judiciary were venal, partial or corrupt, "all the foundations of the earth were out of course." Hence, an upright, inflexible judge, whose mind is clear and whose heart is pure, who knows no man after the flesh, who holds the scale of justice with a hand which neither fear or favor can cause to swerve, who dwells in an elevation of calm dignity that knows not and feels not the swayings of lower passions and influences, and who never decends to lend himself to any unworthy scheme, is a blessing to any community, the priceless value of which can only be known by reading the history of the unhappy people who have been cursed by those names of judicial infamy that are pilloried in the history of the past." We feel that it is not fulsome flattery to declare that from our association with you in our estimation, as a judge of this court, you have filled to the fullest measure the high and true standard of excellence, thus so beautifully expressed and portrayed. We assure you that we regret the occasion of your resignation even though it is for your material welfare. The services you have rendered to the people of the state have been of incalculable benefit. We assure you that our association with you as members of this court has been amongst the most pleasant experiences of our lives, and we fully appreciate the great assistance in the administration ot justice, which your experience, learning and ability enabled you to render to us in bearing with you the burden. We sincerely hope that while your resignation necessitates a severance of our official relations, that it may not in any way disturb our fraternal intercourse and sincere friendship so long as our lives are spared. With best wishes for your success and welfare and sincerely hoping that our friendship may continue through all the years we will be, Yours Fraternally and Cordially." By order of the presiding Judge, Henry M. Furman, the above address was ordered spread in the Journal of the Court together with the appropriate response of Judge Baker-We would here have published the response but failed to secure a copy. CURRENT DECISIONS OF THE CRIMINAL IN RE P. F. TYLER. Habeas Corpus. (Opinion Rendered June 19th, 1909.) Writ Allowed in Part. 1. Sec. Art. 2, chap. 29 Session Laws 1905. Provided that: "If the crime of which the defendant is convicted be a bailable one, the court shall at the time of entering judgment notify the defendant of his right to an appeal and fix the amount of his bail bond, "as well as the time within which such bond shall be given and the petition in error filed in the Supreme Court. To be approved by the Clerk of the District Court'' The Criminal Court of Appeals will not allow the Writ of Habeas Corpus to determine whether or not the action of a Clerk of the District Court in refusing to approve a bail bond is unreasonable, arbitary and oppressive. A party should present his grievance in this regard to the trial court or Judge thereof. 2. Prior to filing the petition in error in this court, ouly the qnestion of excessive bail will be considered on the Habeas Corpus. When an appeal is perfected, pending the appeal this court will on proper showing, make all necessary orders relating to bail. 3. In the construction of a statute, where the court finds in a particular clause an expression not so definite in its import as those used in other parts of the same statute. if upon review of the whole act the real intention of the law making power can be collected from the definite and extensive expressions used in other parts of the same statute, a construction should be addopted, that will give effect to the definite expressions used, unless such a construction contravenes some other potent provision of Law. 4. A defendant should have the advantage of every right which the law secures to him before his conviction should be made final. The aforesaid section further provides that "If no bond be given the appeal shall stay the execution of the judgment: but the defendant shall be confined in the County jail until the case is tinally disposed of" The plain purpose of this provision: Is to stay the execution of the judgment pending an appeal, to reverse vacate or modify the same: Also while proper proceedings are being taken within the time allowed to make and serve a case and within the time fixed for filing the petition in error in the Criminal Court of Appeals. 5 Where defendant fails to give notice of his intention to appeal he waives his right to have the execution of judgment stayed pending the appeal, and where notice of appeal has been given, if the defendant fails to make and serve a case within the time allowed, or fails to file said case wtth the papers in ihe case, or fails to file his petition in error in the Criminal Court of Appeals within the time fixed by the court, he thereby waives his right to have the execution of judgment stayed pending his appeal, and upon such failure or default the commitment should issue. (Syllabus by the Court.) A. J. Lowry and Frank McGuire, for Petitioner, STATEMENT OF THE CASE. The petition sets forth that, P. F. Tyler, was on the 21 st day of April, 1909, in the District Court of Blaine County, Oklahoma, convicted of the crime of forgery, and was on the 22nd day of April, 1909 sentenced by the court to be imprisond in the State penitentiary for a term of three years, at hard labor. To all of which proceedings petitioner excepted, and prayed an appeal to the Criminal Court of Appeals. The court allowed sixty days to make and serve a case-made, fixing the amount of his bail bond in the sum of Two Thousand Dollars. and made an order requiring said bond to be given within six days The petitioner on the 28th day of April, presented to the Clerk of the District Court of Blaine County, his bail bond, in proper and legal form, and in the sum of Two Thousand Dollars, with one W. B. Piper, a citizen of Blaine County as surety. Also a verified qualification, showing that said surety justified in the sum of Fifteen Thousand Dollars, over and above all exemptions, debts and liabilities. That said District Clerk refused to approve said Bail bond for the reason, that said security among other things, listed a cash item of Ten Thousand Dollars, on deposit in the Blaine county Bank. Also that all neces sary steps has been taken to perfect his appeal to the Criminal Court of Appeals. That on April 23, he filed his affidavit with the clerk of said District Court to obtain the evidence and record of said case, at the cost of the County, by reason of his proverty. That on said date he court made an order granting said request. That he in good faith expects to perfect said appeal within the time allowed by the court. That, Geo. A. McArthur, the sheriff of Blaine County and W. B. Skeen, his deputy are now transporting said petitioner to the State Penitentiary at McAlester, that said petitioner as a matter of right under the law, should be released upon the said bail bond. That pending his appeal without bail, he should be confined in the County jail of Blaine County, Oklahoma. That said sheriff and deputy sheriff are unlawfully detaining said petitioner, at a place other than the county jail of Blaine County. Petitioner prayed the issuance of a writ of Habeas Corpus, commanding said sheriff and deputy sheriff to bring the body of the said petitioner before the Criminal Court of Appeals; that the matters and things therein. alleged may be duly inquired into and after due examination of the same, that he be discharged on said Bail bond, or failing so to do, that he be remanded to the County jail of Blaine County, pending the determination of his appeal by this court. Said petition was duly filed with this court on April 30, 1009, and a writ of Habeas Corpus was on said date issued and made returnable on the 1st day of May, 1909, which return day by order made, was extended to May 3, 1909. Service was had on said respondents at Oklahoma City on the day the writ issued. On May 3, 1909, Respondents appearel before this court, having with them the body of said petitioner together with said writ, and made return showing that by virtue of an order of commitment issued to thesheriff of Blaine County. by the Clerk of the District Court of Blaine County on April 29th, 1909, said sheriff assisted by his said deputy was transporting petitioner to the State penitentiary. That while on their way, at |