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ence in business affairs which together with character and his innate affability and courteous disposition will rapidly secure him a remunerative practice.

Hon. J. A. Baker, Constitutional Convention delegate from Wewoka, has covered himself with glory by his loyal and gallant fight for the supremacy of the Constitution of the United States. There need be no apology for asserting that over subjects enumerated and reserved to Federal control that the Constitution of the United States is the "highest and paramount law of the land," but so long as such men as Mr. Baker are members of this convention or have a voice in the administration of this government, the Republic is safe. Thousands of loyal eyes in Oklahoma now rest upon Mr. Baker, and approvingly say, "come higher."

Hon. W. S. Whitinghill of Enid, Oklahoma, one of the best citizens of that city and able lawyer, is urged by his friends to make the race for United States Senator. Few men could discharge the duties of the office with more ability or credit to himself than Mr. Whitinghill, and none with greater fidelity to his constituency.

The two great works of Reference consulted most by the members of the Oklahoma Constitutional Convention now in session, are The Federal Statutes Annotated, and The Amer. and Eng. Encyclopædia of Law. Like the light of the sun they always illumine, and "the mists roll away."

Hon. Daniel T. Jewett, of St. Louis, Mo., and for many years Senator from that state died last month at the age of 99 years. He conducted cases in court until he was nearly 90.

Hon. Charles Moore of Enid, in the Constitutional Convention is considered one of its most practical, reasonable and conservative members. His aim seems mainly directed to what he deems the best for Oklahoma.

HUMOR.

A Cow that could Read."-A Kansas lawyer tells of a visit he had from an old farmer.

The farmer wanted a big suit for damages brought against a railroad company because his old brindle cow had been run over during the night on the crossing. On questioning him, the lawyer couldn't find a single peg upon which he could legitimately hang a case.

"Well," said the farmer, "I kinder thought yr could fetch it on the sign bein' down. They wan't no sign, 'Look Out for the Cars,' so I thought mebbe ye could git 'em on that."

"His Asses."-A certain professor placed a sign on the door of his lecture room announcing that he would attend his classes at 3 P. M. As soon as it caught the eyes of the students they rubbed out the c in classes. The professor made no remark, only obliterated also the 1.

Virg. Law Reg.

One John Locker, was defendant in a divorce case. When his turn came to testify, he said: "Yes, your honor, I lived with her twenty years, but it was living in hell." The court looked up and exclaimed, "as to offenses she committed against you there I have no jurisdiction. They were extra-territorial.”

A half drunk witness was on the stand with his back to the judge and not facing the jury, but directing his muddled answers to the attorney trying to elicit some evidence out of him. The judge becoming aggravated, called out: "Mr. witness, turn around and address the jury. The fellow looked over his shoulder to the judge and said: "Can't, jedge, can't. Never made a bublic speech in all mine life."

THE

OKLAHOMA

LAW JOURNAL

VOL. 5.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

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ACCEPTANCE OF THE ENABLING ACTOrdinance Number One, as Adopted by the Constitutional Convention of Oklahoma.

Be it ordered by the Constitutional Convention of the proposed State of Oklahoma, that said Constitutional Convention do by this ordinance irrevocable accepts the terms and conditions of an act of the Congress of the United States, approved on June 16, 1906, entitled "An Act to enable the people of Oklahoma and the Indian Territory to form a constitution and state government and be admitted into the Union on an equal footing with the original states; and to enable the people of New Mexico and of Arizona to form a constitution and state government and be admitted into the Union on an equal footing with the original states," commonly-known as the Enabling Act.

A CONSIDERATION OF A GERMAN VIEW OF AMERICANS AS LAW-BUILDERS.

By Hon. Fred Brasted, of the Oklahoma City Bar, Delivered before The Amalgamated State Bar Associa tion of Oklahoma.

Charles Dickens, the English novelist, says in his preface to "American Notes:" Prejudiced, I am not, and never have been, otherwise than in favor of the United States. I have many friends in America. I feel a grateful interest in the country. I hope and believe it will successfully work out a problem of the highest importance to the whole human race."

Then he proceeds in nearly a score of chapters with a most scathing criticism of our "institutions." social and political, only occasionally turning the keen edge of his cutting sarcasm with a commendatory observation. It is reported that our forefathers living at the time were not overzealous in their praises of Dickens after that. We have never looked with favor on our foreign critics.

Herman von Holst, a renowned German-Russian scholar, and an extremely broad minded, worldly wise man, after years of residence in America, wrote one of the most comprehensive and accurate treatises produced upon the constitutional history of the United States. Others that are classed with it perhaps are Tocqueville's "Democracy in America," and Brice's "American Commonwealth." Tocquiville was a Frenchman and Brice an Englishman. It often takes a foreigner who looks at us from the outside with a bird's-eye view, to discover and outline our national irregularities. And the same is equally true of other Peoples. I wish to quote a statement made by Von Holst and to briefly consider its bearing, if there be any bearing, upon

present conditions and present duties. Von Holst says: "In political questions of a concrete nature, the Americans are on the average more competent judges than people on the continent of Europe. The political institutions of the country, its social and economical relations, educate them from the cradle to independent thought on all questions involving material interests, and encourage them to summon their intelluctual strength for their solution. But in the wearing strugles of daily life, new problems of this character continually arise, and almost exhaust their intellectual strength. Their energy of mind is not in consequence great enough to give much depth to their thoughts on polittcal problems of a general nature. The disposition towards generalization is sufficiently developed, but their observations are neither various, nor long, nor reliable enough to warrant inductions of any real value. Half truths and vague ideas are therefore raised by them to the dignity of unimpeachable principles. They are appealed to on every occasion, so that they rapidly rise to the dignity of sovereign laws.' Von Holst, Constitutional History of the United States, Vol. 1, page 74.

Now the natural thing for us to do when this foreigner says we apparently know no better than to call 'half truths' and 'vague ideas,' 'unimpeachable principles' and 'sovereign laws,' is to fly into a patriotic rage. For my part I am convinced that he cannot sustain his indictment as drawn, but rather than to dispose of the matter in an angry passion, the more sensible thing would seem to be to step outside of ourselves, and look at ourselves, and see whether there may not be a grain of truth hidden among his allegations.

In the outset it may be well to observe that if, at sometime, it should be found that we have no faults, that finding would constitute the one unique thing in all history. But at this time the attempt will not be so much

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