reviewing is not disclosed by the records of this court. The plaintiff in error murdered a defenseless woman for the purpose of robbing her of less than three hundred dollars. The proof of his identity and of his guilt is overwhelming. It is remarkable that twelve jurors could be found who, under the record before us, could agree upon a punishment less than death.

The petition in error and case-made were filed in this Court on the 24th day of January, 1910. No brief has been filed upon the part of the plaintiff in error and the State has filed a motion to affirm for want of prosecution under rule 4 of this Court. Upon a careful examination of the record we discover no fundamental error. The motion of the Attorney-General is well taken and is sustained.

The judgment of the lower court is affirmed with directions to that court to enforce it.

Furman, Presiding Judge, Doyle, Judge. concur.

R. J. CRANE, Plaintiff in Error.

VS.

No. A-527.

STATE OF OKLAHOMA, Defendant in Error.

(Rendered May 27, 1911.)

Appeal from County Court of Cleveland County. Hon. N. E. Sharp, Trial Judge. Reversed and dismissed.

I. A person on trial charged with having violated a local quarantine, promulgated by a live stock inspector, is entitled to show as a defense to the charge that he had no knowledge of the existence of the quarantine, and no information of facts upon which he could be reasonably presumed to know of the existence of the same.

2. (a) A quarantine promulgated by a local live stock inspector under the provisions of our statute in order to be effective must be established after an examination and inspection of the premises quarantined, and upon a finding that the premises are infected with an infectious or contagious disease of a malignant character.

(b) When such quarantine is so established, notice should be given to the person in charge of the premises, and to any others directly affected by the order, and by publication as near as practicable.

3. (a) When a person is on trial charged with having violated the provisions of a local quarantine, he is entitled to show as a defense that the facts did not warrant the establishing of the quarantine.

(b) The finding of an inspector to the effect that infectious or contagious diseases exist and the establishing by him of a quarantine are not conclusive as against a person charged with having violated the order.

(Syllabus by the Court.)

A. Hutchin and J. B. Dudley, for Plaintiff in Error. Chas. West, Atty. Gen.; Smtih C. Matson, Asst. Atty. Gen., and George G. Graham, County Attorney of Cleveland County, for Defendant in Error.

ARMSTRONG, Judge-Plaintiff in error was tried at the January, 1909, term of the County Court of Cleveland County, on a charge of violating the provisions of the quarantine law, and convicted, and his punishment fixed at a fine of one hundred dollars and costs.

It appears that the plaintiff in error was a son of G. M. Crane and lived with his father in Cleveland County. That John Bryant was a neighbor of Crane's and had a pasture in Section 1, Township 6, North Range 1, West of the I. M., Cleveland County, Oklahoma, and that G. M. Crane had a cow in this pasture. That on the 3rd day of September, 1909, one Thornton, a live stock inspector at Lexington, in said county, attempted to quarantine the pasture of Bryant by delivering a written notice of quarantine to said Bryant in Lexington several miles away, and without making any inspection or examination of the premises. Sometime during the day G. M. Crane directed his son, the plaintiff in error, to go over to the pasture and get the cow, which he did. Upon the trial, Plaintiff in Error offered proof tending to show that he had no knowledge of the existence of the quarantine at the time he removed the cow from the pasture. The court refused to admit the testimony on the theory that it was unnecessary to prove knowledge of the existence of the quarantine by

Hon. Charles Bagg, recent Superior Court Judge of Muskogee County, has resumed the general practice of the law in his original headquarters.

Judge Bagg came here originally from Missouri. By reason of his legal attainments, character and social qualities he soon developed a remunerative practice in Muskogee and surrounding counties. At the organization of a Superior Court in his county he was selected to fill that Bench. While his term was short, his services were faithfully rendered as well as highly appreciated by the Bar the general public; and he will always be remembered as a capable, honest and upright judicial officer.

It

The semiannual Bar examination takes place June 6th 1911, in the city of Guthrie. We are requested to announce that at this meeting of the Bar Commission, all who have applications with the Commission must appear that a disposition may be made of their cases. is said that about 60 applications of parties who have failed or more time given them to prepare themselves are in the hands of the Commission and must receive final disposition. So take Notice. Those practicing on probation come to Guthrie on the 6th, and take your medicine.

HUMOR.

"What do you understand by the term socage?" asked an examiner of an aspirant for the Bar. "I should say it meant an age of from one to three years, though older people sometimes wear them."

Judge. "Daughter, you surely are not going to marry that little cad, just because he owns a few dollars? Why, you told me time and again you would not marry a man l'ess than six feet high.' Daughter. "I know, papa; but I decided to take off 20 per cent for cash.”

THE

OKLAHOMA

LAW JOURNAL

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

AN ACT Providing for the Sale of Unused or Unsuitable Real Estate Deeded to or Held by any County for the Purpose of County Farms or County Poor Farms, and Declaring an Emergency.

Be it Enacted by the People of the State of Oklahoma: Section 1. The board of County Commissioners of any county of this state is hereby authorized and empowered to sell and convey any real estate deeded to or held by such county for the purpose of county farms or poor farms; when in the opinion of said Board of Commissioners such real estate is not needed, is unsuitable, or inconvenient for such purposes, such sale to be in the manner hereinafter provided.

Section 2. Before any such sale or conveyance shall be made, the Board of County Commissioners in regular or special session, shall adopt a resolution declaring that said real estate is not needed for county farm or county poor farm purposes, or is unsuitable or inconvenient for

such purposes, or that other or more suitable or convenient real property within the county is obtainable at a fair and reasonable value; said resolution to be published with other proceedings of said Board, and a copy of said resolution shall be certified by the county clerk to Judge of the district court of such county, and said Judge shall determine whether such sale is for the best interest of the county. The Judge shall order and direct said Board to sell said real estate, as hereinafter provided, and he shall appoint three disinterested freeholders of said county to appraise said real estate, said appraisement to be returned by said appraisers to the Board of County Commissioners.

Section 3. Upon the return of the appraisement as provided for in section two of this act, the Board of County Commissioners shall give notice of such sale by publication in some newspaper of general circulation in the county for a period of thirty days.

Section 4. Bids for said real estate shall be in writing, sealed and delivered to the County Clerk of such county and by him preserved unopened, until the next regular meeting of the board of county commissioners, at which time said Board shall open such bids and award the said real estate to the highest bidder for thé same and file a report of such sale with the Judge of the district court for approval and confirmation; provided, that such real estate shall not be sold for less than ninety percent of its appraised value, and the Board of County Commissioners shall have power to reject any and all bids.

Section 5. If such a sale by the Judge of the District Court approved and confirmed, he shall direct and order the Chairman of the Board of County Commissioners to execute a deed to the purchaser thereof which shall be signed and acknowledged by the Chairman of said Board, and attested by the county clerk, which deed shall recite the several steps and proceedings had in such sale, and such recitals shall be prima facia evidence of the truth of the same.

Section 6. The proceeds derived from such sale shall