sion, and there being no evidence of demand, he is entitled to costs. 1b. If no demand is made, and the original possession of defendant be lawful, and he tenders the property to the plaintiff, and upon its delivery by proper answer or plea discharges the action, costs should be taxed against the plaintiff. 1c. If the defendant does not pursue this course, and contests the action, the writ will be sufficient demand and defending the suit a refusal. 2. The granting of a new trial being so much within the discretion of the trial court, this court will not reverse an order of such court granting a new trial, unless error is clearly established in respect to some pure, simply, and unmixed question of law. GUARDIANSHIPS. As far as general uses are concerned the position of guardian and administrator of the same ward and of his estate the two representative positions are not necessarily incompatible; but where the administrator seeks to devest the title of the heir by a sale under an order of court his position is hostile to the heir, and in it he cannot represent the heir, but a guardian ad litem must be appointed for the sole purpose of appearing for the heir and of taking care of his interests. Townsend vs. Tallant. 33 Cal. 45, 52. A guardian appointed by deed must be held to be a testamentary guardian, as such appointment cannot take effect until the death of the parent; but to become such a guardian, he must qualify by giving a bond; it is not enough that he be named in the deed as guardian. Murphy vs. Superior Court, 84 Cal. 592, 596 and 596. Where the father of a minor was a fit person to have the care and custody, it was not an abuse of the court's discretion to refuse to make an order against the father for the child's support at its grandfather. In re Ross' Guardianship, 92 Pac. (Cal.) 671. The marriage of a female minor takes her out of the class known as "children and minors", under an act providing for commitment of "dependent children, and makes her an adult person, so far as that act is concerned. Ex parte Lewis, 3 Cal. App. 738. INDIAN WARD.— The guardian of an infant Indian, on a final accounting, is entitled to credit for an amount paid by him in compromise of litigation against the wards estate, where such payment was made under order of court, because in view of the escape from litigation, the court cannot say that the best interest of the estate were not conserved. Terry vs. Sicade, Church's Probate Law and Practice, p. 169. A guardian cannot sell his ward's property without an order of the court; and this includes personal property. 42 Cal. 290. REVIEWS. QUESTIONS AND ANSWERS FOR BAR By Chas. S. Haight, and Arthur M. Marsh. Price $4. New York. This is a volume of nearly six hundred pages. As the title iudicates the book is the essentials of the law, as is today and placed before the reader in the shape of questions and answers. The questions are not only those that will arise upon an examination for admission to the Bar, but those that can and do arise in the practice of the law, and which will confront the best and most up-to-date lawyer and active practitioner; and this not alone from the fact that the whole field of the law is covered, but the very questions and answers are backed by a complete anno tation of the propositions advanced by the best and latest legal authorities. The book covers all the subjects embraced in a law course as given by our best law schools. Nothing better in the field of law can be found by the established lawyers, though he be a veteran in the practice, for the purpose of recapitulation, as well as speedy reference. Besides being a compact and condensed encyclopædia of the law, the book contains 55 pages of quick reference index. GREENS DIGEST. Volume 4th. Published by Bancroft-Whitney Company, San Francisco, Cal. This is a digest of the latest twenty four volumes of that excellant series of reports known as the American State Reports. It is a scientific and complete digest of all the leading American cases of this series, both opinion and notes. A most useful book in every law library, especially to those possessing these reports. A complete list of titles and table of cases indicating volume and page of the official report is given. The publishers have spared no means to make this one of the best and most desirable digests available to the profession. SYLLABUS OF LATEST CASE FROM C. L. BYARE, Plaintiff in Error, VS. No. A-85. STATE OF OKLAHOMA, Defendant in Error. 1. Defendant a paving contractor in violation of Art. 4 Ch. 53, of the laws of 1908, being: "An act to put into effect section 1 of article 23 of the constitution, providing what shall constitute a day's work in all cases of employment by and on behalf of the state or any county or municipality; prescribing penalties for violations thereof, etc." employed Wm. Hammond and other laborers to labor on the streets of Guthrie, more than eight hours per day. Upon trial and conviction in the County Court of Logan County he appealed to this court, contending that the statute limiting the time of labor on public work to eight hours a day was unconstitutional. Held, that said statute is a direction of the state to its agents and is constitutional and valid. 2. A person who contracts for public work is not by reason of the provisions of this statute, deprived of his liberty or his property, without due process of law, nor denied the equal protection of the laws within the meaning of the Fourteenth Amendment. 3. Municipal corporations are in every essential only auxilaries of the state for the purposes of local government. The constitution of Oklahoma expressly reserves to the state control over public highways, including, roads, streets, and alleys of all municipalities. The paving of a street, whether done by the state directly, or by one of its municipalities is the work of a public, not private, character. 4. It is within the power of a state, as guardian and trustee for its people and having full control of its affairs, to prescribe the conditions upon which it will permit public work to be done on behalf of itself, its counties, cities or other municipalities. In the exercise of these powers it may by statute provide that eight hours shall constitute a day's work for all laborers employed by or on behalf of the State or any of its municipalities and make it unlawful for any one thereafter contracting to do any public work to require or permit any laborer to work longer than eight hours per day, and require such con tractors to pay the current rate of daily wages. (Syllabus by the Court.) Opinion of the Court, by Doyle, Judge. Appeal from County Court of Logan County Hon. J. C. Strang, Trial Judge. James Hepburn, Att'y for plaintiff. Decius & Levy, Att'ys for defendant. Affirmed. POINTS IN OIL AND GAS QUESTIONS. Defendant wrongfully entered upon land on which complainant held a valid oil and gas lease, and drilled a well from which it continued to take and market gas pending suit by complainant to establish its rights. Defendant conducted the gas into a pipe line in which gas from 60 wells was blended, taking no measures to determine the quantity or value of the gas so wrongfully taken. Held, that on an accounting thereof, conceding that defendant's claim of right was made in good faith, it was bound to fully compensate complainant for its loss, and that in ascertaining such compensation every reasonable doubt should be resolved against it; that under the evidence and the pecular circumstances of the case complainant was entitled to recover one-sixtieth part of the amount realized by defendant from the entire product of the 60 wells. Great Southern Gas & Oil Co. v. Logan Natural Gas & Fuel Co., 155 F. 114. Where an oil and gas lease provided for the construction of seven wells on a 70-acre tract, but did not locate the wells nor designate the form of 10-acre lots to be apportioned to each well, the burden of making well reservations was on the lessee or his assignee, the lessor's successor not being entitled to arbitarily set off 20 acres for two active wells actually dug, and quiet his title to the remaining tract after the expiration of the time for the construction of all the wells, but was only authorized to demand of the lessee's assignee that he make such reservation within a reasonable time, and, on his failure to do so, sue to obtain the apportionment from the court. -Pittinger v. Ramage, 82 N. E. 478. A deed granting, by the use of appropriate technical terms all the oil and gas under a tract of land, together with the exclusive right to enter thereon at all times for |