deavors by violence or surprise to commit a felony on either, is justifiable homicide.

12. It is error in a court in a homicide case, to give to the jury instructions which are not relevant to the evidence and which may mislead the jury to the prejudice of the defendant.

THE LATEST BANKRUPTCY DECISIONS. REOPENING PROCEEDINGS-Application by Party Interested.

In case of In re Meyer, 25 Am. B. R. 44. it has been held that under section 2(8) of the Bankruptcy Act, giving the District Court jurisdiction to reopen estates whenever it appears that they were closed before being fully administered," the application must be made by some party interested in the estate and who would be benefited by such reopening.

PROOF OF CLAIMS-Time for Proving-Proof After One Year Where Claimant Misled by Concealment of Assets.

It is further held in the Meyer case, that section 57 of the Bankruptcy Act prohibits the proving of a claim subsequent to one year after adjudication and the courts have no power to extend the time therein specified or permit the proof of claims after the expiration of the year, even if the claimant has been misled into not proving before by the fraudulent concealment of assets by the bankrupt, who had stated in his schedule accompanying his voluntary petition that he had no assets. DIVIDENDS-Payment to Judgment Creditor of Person Entitled Thereto.

Where petitioner, who had obtained a judgment against a person entitled to a dividend out of a bankrupt's estate, had no claim of title to nor specific lien upon the fund in the hands of the trustee and had not procured the appointment of a receiver who had succeeded to the title of the creditor entitled to such dividend, it has been held (In re Hollandar, 25 Am. B. R. 48), that the bankruptcy court is without power to order the trustee to pay over the cividend to the petitioner.

REVIEWS.

COLLIER ON BANKRUPTCY.

By William Miller Collier.

Published by Mathew Bender & Company,

Price $7.50

Albany, New York.

This unabridged work has now reached the eighth edition. As said by the late Justice David J. Brewer: For years 'Collier on Banktuptcy' has been the standard work in this country, and while of recent years other volumes have been published, some of which are of great value, yet Collier has not been disturbed from the place it has held". It is now a volume of 1310 pages which not only discusses the laws and the rules of procedure, but is annotated with all the decisions construing the law and rules.

Having passed through so many revisions, the work is as near perfect as human work can reach perfection. To its body of forms is appended an index to them; this is aside from the general index, which is ample and full as to topics in the body of the work. Besides the above, beginning on page 1099, the Rules of Practice are given, which adds much to the merits of this classical work. It is useless to call attention to the minute points of value in this volume. It is too well known that it stands unrivaled, without it is to state the further fact that this edition includes the important amendments made by Congress on June 25, 1910-amendments that are radical and that made a new edition indispensable. The publishers of this work have made a specialty of this branch of the law and have, only a few months since, brought out a companion to this work in the nature of a volume of Annotated Forms on Bankruptcy. Through the kindness of the publisher we received also this volume and its review notice is in the November number of this Journal, on page 199. A med with Collier on Bankruptcy and Hager on Forms the lawyer has all he needs to sustain himself in any court.

EDITORIALS

The Supreme Court of Oklahoma will meet in regular session on March 14th, 1911; at which time a number of important opinions will be rendered.

The Oklahoma Legislature now in session, has passed a resolution to adjourn Saturday, March 4th, 1911.

Hon. E. C. Motter, formerly of Chillicothe Ohio, has opened an office in the Equity Building in the city of Muskogee. For two years and a half he has been Assistant United States Attorney in the prosecution of the 'Indian Land Suits'. By reason of the legal experience he has gained in this work, he will continue to make a specialty of Indian Land Titles.

Hon. Joseph S. Dickey of Wagoner, Okla. has formed a law partnership with Mr. A. F. Malony formerly of Checotah, Okla. The firm has secured an elegant suite of rooms and are putting in a first class law library. Mr Dickey, while yet quite a young man, has had several years practice in Alabama and two years in Oklahoma. He is a bright young lawyer of ability, refinement and literary taste, which, combined with innate social qualities, should secure him unlimited clientage.

Judge W. T. Drake, of Wagoner, Oklahoma, has opened an office in that city for the practice of law. Few men have left the bench with greater credit than Judge Drake. His official term has been one of faithful and honest service to his county, and he resumes the practice of his profession in it with the confidence and esteem of all its citizens. It may also not be universally known by his many friends over the state, that almost at the close of his pleasant judicial term, he sustained a great sorrow and affliction in the loss of his estimable wife who was accidentally killed in an automobile wreck.

An important event on February 6 was the first meeting of the newly established United States Commerce As permanent headquarters for the court have not yet been selected, it met in the office of the chief, Judge Martin A. Knapp, and after a brief meeting, the judges called upon the President and the Attorney-General to pay their respects.

Hon. James M. Blackford, recently of Montana, has located in Claremore, Oklahoma, for the practice of law. Mr. Blackford is a graduate of the University of Indiana both in the academic and legal course. He has been in the active practice for more than twelve years and comes to our state endorsed by many noted men.

The lower house of the Oklahoma Legislature adopted the minority report of the Code Commission-that of the compilation of Messers. Harris and Jean P. Day.

HUMOR.

"Gentlemen of the jury," said counsel in a hog replevin case, there were thirty-six hogs in that lotthirty six. I want you to remember that number-thirty six hogs-just three times the number that are in this jury".

A story is told of the late John G. Carlisle. He was approached by a well known lawyer, who said: I see Carlisle that the supreme court has overruled you in the case of Mulins vs. Jenkins. But you need not fear any concern any more about your reputation.” Carlisle chuckled. "Quite so," he agreed, "I am only concerned for the reputation of the supreme court."

A farmer strode anxiously into the Post-office. "Have you a letter for Mike Howe?" he asked. Post Master. "For who?"

"Mike Howe!" repeated the farmer.

"I don't understand you" snapped the post-master. "Don't understand" roared the applicant. "Don't understand plain English? I asked you if you had a letter for Mike Howe!"

"No!" roared the post-master. I don't handle mail for your cow or anybody else's cow, you lunatic."

THE

OKLAHOMA

LAW JOURNAL

VOL. 9.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

THE NEED OF REFORM IN OUR

EMPLOYERS LIABILITY LAWS. By Justice Mathew J. Kane, of the Oklahoma Supreme Court.

Last year the writer delivered a Lincoln Day address before the Pottawatomie County Bar Association of this State, wherein he dwelt upon the duty of the legal profession to be abreast of the times in the advocacy of needed reforms which particularly affect the administration of justice. Foremost among the reforms mentioned as offering opportunity for the performance of patriotic public service then crying for solution, were the necessity for expedition and certainty in judicial procedure, and certainty of relief for workingmen in dangerous employments. The first of these problems has been under consideration by the American Bar Association, and a good many of the State Associations, for several years, and progress toward its satisfactory solution is being made, but the movement for legislation to compensate workingmen for injury or death suffered by accident or negligence in the course of employment seems not to have received the attention from the Bar its import deserves. It is the purpose of this article, which affords an opportunity to reach a larger audience, to remind