EDITORIALS.

This number of The Oklahoma Law Journal contains 8 pages more of reading matter than any previous num. ber since the Journal was started. It will continue to be enlarged from month to month and the price per annum will remain the same. See its Federal Department.

Admissibility of Utterances While Asleep.

Is evidence of what one said in his sleep competent against him? In Martinze v. People, 137 Pacific Reporter, 64, defendant was charged with the murder of a woman. One of the people's witnesses testified that a few days after the killing he slept in a bunkhouse with defendant, and that about half past one in the morning he heard him exclaim: "I shot her! I shot her! I shot her! I had to do it to save myself from the pen"; and that he thought defendant was asleep, but did not know. The Supreme Court of Colorado holds that it is only the voluntary statements of a party that may be used against him, and one is not responsible for what he says in his sleep, because he is unconscious and it is not voluntary, and that where there is a question as to whether defendant was asleep or awake when he made the utterances it should be left to the jury under proper instructions.

The Law Students Helper.

It is astonishing the number of democrats as well as others that seem to take delight in ridiculing AttorneyGeneral West on his vote, etc. Attorney-General West was most assiduously attending to the public duties of his office for months after some of the other candidates were devoting all their time getting pledges of support; and still continued even through what campaign he made to serve the public-in fact all through the campaign; and is yet, as sincerely at his duties for the public good. Many who deride his vote have for nearly a year been riding the train and saving many a dollar, by reason of his sole efforts. Gratitude is a rare article with some

people.

Why Lawyers are Called Attorneys.

In the time of the Saxons in England, the free men in every shire met twice a year, under the presidency of the shire-reeve, or sheriff, and this meeting was called the 'sheriff' torn.' By degrees, the free men declined giving their personal attendance, and a freeman who did attend carried with him the proxies of such of his friends as could not appear. He who actually went to the sheriff's torn was said, according to the old Saxon, to go "at the torn," and thence came the word "attorney," which signified one that went to the torn for others, carrying with him a power to act or vote for those who employed him. The distinction between attorney and solicitor arises from the latter practising in a court of equity, and the former only in a court of law.

Judge Farrar L. McCain, for many years the superior Court Judge of Muskogee County, has resigned as Judge to accept the Solicitorship of the Midland Valley Railroad. Judge McCain is an accomplished lawyer and an upright gentleman of charcter and integrity, and every one that knows him wish him well.

Address Thomas F. Crosby of Muskogee for a copy of John Hallam's great Trial.

Judge W. M. Bickel of Alva has been nominated by the democrats, for State Senator for the third district, which is composed of Woods and Woodward Counties. There is much that can be said in favor of Judge Bickel. He is now the County Judge of Woods County. A position he occupied one term before the present. A great point in his favor that shows the esteem in which he is held by all that know him is the fact that while he is a democrat, he has been twice elected Judge in a republican county. He is yet practically a young man, but of ripe good judgement and a good lawyer. He deserves the honor he now seeks and should receive an over whelming vote.

HUMOR.

A young lawyer had been appointed to defend a negro who was too poor to employ counsel for himself. Eager for an acquitral the young attorney challenged several jurors who, he said, might have a prejudice against his client.

"Are there any others?" he whispered to the negro.

"No, boss," said the defendant, "but Ah wants yo ter challenge dat Judge. Ah'se been convicted undah him and Ah think he's got er prejudice erginst me."

Murphy, the foreman, was sent to the railroad office to report a slight accident in the gang repairing the track. He was handed a blank and got along all right until he came to the space headed "Remarks." After staring at it a while he beckoned to the clerk.

"What's the matter, Pat?" asked that official.

"Well, sor," said Murphy," ye see it was Bills big toe he hit wid th' hammer and it wudn't luk well for me t' write down th' raymarks Bill made."

An Englishman came into the police station, his hands clenched and his eyebrows swooping downward towards the bridge of his nose.

How much do you charge in case of assault and battery? "That depends-about twenty shillings.'

"You can knock the stuffing out of a man for that can't you?" "Possibly."

"Can a fellow pay his fine in advance?"

"If you want to," laughed the inspector.

The visitor laid two half-sovereings on the desk.

"I'm going to lick a man, and I don't want any interference of the police while I do it." And he stalked out, muttering.

Both his

Half an hour afterwards a man came in. eyes were puffed, his nose crooked, his clothing hanging on him in rags.

"Well, he said, gently, "do you recognize me?" "Can't say that I do."

"I'm the man who came in here half an hour ago and paid a fine in advance." "Oh! Well, what do you want now?" Please give me back the two half sovereings?" The Law Student's Helper.

THE

OKLAHOMA

LAW JOURNAL

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, Oklahoma.

VOL. 13.

October, 1914.

No. 4.

AMENDMENTS TO THE FEDERAL PRACTICE CODE OF THE UNITED STATES.

Amendments already passed by Congress, and others proposed by the American Bar Association. Amendments passed the following:

Be it enacted by the Senate and House of Representatives in Congress assembled, That the act entitled "An act to codify, revise and amend the laws relating to the judiciary, approved March third, nineteen hundred and eleven, be and the same is hereby amended by inserting after section two hundred and seventy-four thereof three new sections, to be numbered, respectively, two hundred and seventy-four a, two hundred and seventy-four b, and two hundred and seventy-four c, reading as follows:

"Sec. 274 a. That in case any of said courts shall find that a suit at law should have been brought in equity or a suit in equity should have been brought at law, the court shall order any amendments to the pleadings which may be necessary to conform them to the proper practice. Any party to the suit shall have the right, at any stage of the cause, to amend his pleadings so as to

obviate the objection that his suit was not brought on the right side of the court. The cause shall proceed and be determined upon such amended pleadings. All testimony taken before such amendment shall stand as testimony in the cause with like effect as if the pleadings had been originally in the amended form.

"Sec. 274 b. That in all actions at law equitable defenses may be interposed by answer, plea, or replication without the necessity of filing a bill on the equity side of the court. The defendant shall have the same rights in such case as if he had filed a bill embodying the defense of seeking the relief prayer for in such answer or plea. Equitable relief respecting the subject matter of the suit may thus be obtained by answer or plea. In case affirmative relief is prayed in such answer or plea, the plaintiff shall file a replication. Review of the judgment or decree entered in such case shall be regulated by rule of court. Whether such review be sought by writ of error or by appeal the appellate court shall have full power to render such judgment upon the records as law and justice shall require.

"Sec. 274 c. That where, in any suit brought in or removed from any state court to any district court of the United States, the jurisdiction of the district court is based upon the diverse citizenship of the parties, and such diverse citizenship in fact existed at the time the suit was brought or removed, though defectively alleged, either party may amend at any stage of the proceedings and in the appellate court upon such terms as the court may impose, so as to show on the record such