employer's request.-Sprague vs. General Electric Co., 100 N. E. 628.

Assumption of Risk-To charge an employe with hav ing assumed the risk of injury from defective machinery he must know or be under obligations to know of the danger and not merely know the physical facts regarding the mechanism. Wells vs. Swift & Co., (Kan.) 133 Pac. 732.

Automobiles--The owner of an automomile in which he was riding and which was being operated by a chauffeur employed by him at the time of an accident was liable for injuries caused by his employe's negligence in operat ing the car. Winner vs. Linton, (Md.) 87 Atl. 674 Burden of Proof.-In the probate of a will the proponent has the burden of proof to establish the due execution of the will. Wells vs. Thompson, (Ga.) 78 S. E. 822.

Concurrent Negligence. Where two or more concur in the negligent act, they are jointly and severally liable for the injury and the damage that may result therefrom Brose vs. Twin Falls Land Co., (Idaho) 133 Pac. 673. Contributory Negligence.-A hostler, who was killed by being caught between the door jamb of a round-house and an engine slowly moving therefrom while he was on the steps of the engine, was held guilty of contributory negligence; his duties not requiring him to board the engine. Hogan vs. N. Y. Central & H. R. Co.. N. Y. 102 N. E. 255

Indians.-A half-blood Indian woman, who was recognized as a member of the Sioux Tribe for many years, though having subsequently married a white man and adopted the customs and manners of civilized life, Held entitled to share in the property of her tribe, but chil dren born to her after she had abandoned her tribal relations were not so entitled.

Reynolds vs. United States. 205 Fed. 658.

Indian. A census card issued by the Dawes Cmmission, Held not conclusive upon the question of the legitimacy

of a deceased allottee; and hence evidence was admis. sible in ejectment to establish that he was an illegitimate child, and thus change the line of decent from the putative father to the mother. Mullen vs. Short. 133 P. 230..

Railroads Signals.-The question whether or not the railroad employes running a locomotive gave the required signals or not, by whistling and ringing of the bell is for the jury to determine. Batson vs. Greenville & K. Ry Co., 78 S. E, 885.

Railroads-Accidents at Crossing.-The natural obligation of a railroad company and one crossing the track on a public highway were mutual. Case same as above. Railroad Crossing-Child Struck.-Where a child was struck by a train at a street crossing, when he attemted to cross just after another train had passed, Held not guilty of contributory negligence as a matter of law, where no statutory signal was given though he did not look in the direction from which the same train came.

David vs. West Jersey & S. R. Co., 87 Atl. 440.

Duty to One in Peril.-While a railroad is not bound to anticipate that one will be negligently upon its track in a country district, if its servants see him in a place of danger, although negligently there, the duty arises to avoid injury, if possible.

State vs. Philadelphia, B. & W. Ry, Co., 87 A. 492.

Recovery of Excessive Charges.-Where a consignee of goods paid excessive freight charges without objection, he cannot recover from the railroad the penalty for over charges. Stalling va. Southern Ry, Co., 75 S. E.

Rep. 429.

Oil and Gas Lease. The lessee of an oil and gas lease, cannot drill a well if the place selected will endanger the property and lives of persons lawfully using the surface, when he could drill at another safe place equally advantageous to him. Gulf Pipe Line Co., vs. Pawnee Tulsa Petroleum Co., 127 Pac. 252.

EDITORIALS.

The United States Commerce Court, which was organized in 1910, will go out of existence December 31st, 1913, should President Wilson sign the Deficiency Bill.

The Senate however, has attempted to save the Judges, as individuals, by amendment, to make them additional members to the Federal Circuit Court of Appeals.

We desire to announce that the Hon. Rome G. Brown, noted lawyer and most eloquent public speaker of Minneapolis, Minnesota, has been secured to address our State Bar Association, which is to meet in Oklahoma City December 29, 1913. The subject of Judge Brown's address will be "The Recall of Constitutional Safeguards." Judge Brown made the leading address to the last meeting of the" Tennessee State Bar Association, and his address, was highly appreciated. In this connection we will state that Hon. J. H. Gordon, President of Oklahoma State Bar Association is making every possible effort to secure the best program for the occasion, and a large gathering should turn out in appreciation of his efforts.

We have been promised the full program for the next issue.

ALL LAW STUDENTS expecting to take an exammation next December for admission to the Bar Should send us at once an order for a copy of HAIGHT'S on QUESTIONS and ANSWERS. Price $4. delivered. Professional Cards in The Oklahoma Law Journal cost $3. per annum. It must not occupy more than an inch space. Always accompany matter with check.

Wife not Liable for Husbands Beer.-The defendants in O'Neil vs. Cardina, 140 N. W. 196, are husband and wife who were in the habit of ordering beer through the agency of the plaintiff, and are now sued for a balance of indebtedness so arising. On the trial the court excluded evidence that Cardina and his wife were both in the habit

of drinking beer, and instructed that the wife could not be held liable for the purchase price of the beer as upon a claim for family expense. Plaintiff assingns these rulings of the court as grounds for reversal. The Supreme Court of Iowa holds that the rulings are free from error. Quoting the court: "There is a sense in which extravagant raiment, jewelry, and numberless other articles not classed as necessaries may yet be deemed family expen. ses, and as having some place in maintaining members of the famly in accordance with their actual or assumed station in life. But none of the reasons which have been thought sufficient for so holding has any application to the purchase of intoxicants, unless it may be purchases made for strictly medicinal purposes. Whether this suggested exception exists we not now decide. We are not willing to take the step which appellant demands, and thus make it possible for the liquor dealer to compel a wife to pay for the drink which has demoralized her husband, and cast upon her the burden of standing alone between her family and starvation."

The Law Student's Helper.

Mr. M. A Clark, an accomplished young man from Beaver Oklahoma, has been made Secretary and law clerk to Judge Loofbourrow. Should lawyers require any service from this department they will find Mr. Clark accommodating and his prices reasonable.

Hon. Chas. L. Paillips of Okmulgee, one of the leading lawyers of the State, is devoting the best of his time to the general practice of the law, and is not after the "chance Gods of fortune," as some term the abandonment of the law practice for the oil business. Mr. Phillips is not only a good lawyer, but gentleman of deservedly highstanding, both social and professional.

We have two execellent pieces of good humor for publication, one from the late Eugene Ware and the other from Hon. H. E. P. Standford, but for space they will have to go over to another issue.

PROFESSIONAL NEWS.

Among the leading lawyers of the eastside is Hon. Chas. R. Freeman. He located in Checotah ten years ago, and has acquired quite a large practice. He is a graduate from the University of Mississippi. In addition to his large practice he has been Mayor of the city as well as its city attorney. Mr. Freeman is now a member of the State Central Committee, and is respected by all who know him.

Among the later members of the Bar to the thriving city of Checotah is the Hon. H. B. Reubelt. He came here from Tenneesee and was elected the first prosecuting attorney of McIntosh County. He is a well educated gentleman having graduated from the University of Chicago. His many friends speak highly of him for dis. triot court judge.

Among the many up-to-date lawyers of Tulsa Oklahoma, is the Hon. F. D. Prentice. After a through training in Ohio, he came to Oklahoma and "is making good." He is a cultured gentleman, of character and integrity the factors that go hand in hand with the knowledge of the law and light the pathway of every worthy lawyer.

Hon. T. H. Wren, has been appointed County Judge. of Okfuskee County, to succeed the late Judge Smith, decased.

Hon. H. E. Baker of Okmulgee, was reported to us a few days since as seriously ill.