THE OKLAHOMA LAW JOURNAL EDITED AND PUBLISHED MONTHLY BY D. H. FERNANDES, STILLWATER, OKLAHOMA. VOL. 2. July, 1903. No. 1. OUR SECOND YEAR. With this issue of The Oklahoma Law Journal we enter into the second year of its existence as a periodical. Having expressed to the Profession our appreciation for their liberal support in the closing year in our last issue, we desire in this opening one to assure our readers that no efforts shall be spared to make the Journal better and more valuable and interesting than it has been in the past. A large part of the Journal will be devoted to all those matters and questions that are of interest to the lawyer and student of the law. The second division in each number will be devoted to original articles on the practice of law as it obtains in the District, Probate and Justice Practice, as well as to the Practice that prevails in our Supreme Court-Case made, Writ of Error and the Rules and Usage Established. The third division of the Journal will be devoted to the report of all the cases passed upon by our Supreme Court-both Civil and Criminal-giving the Opinions in full, accurate and complete so they may be relied upon and used by the bar in the courts long before the bound volume can be used. In this department we also propose to give all the cases bearing on questions of practice from the Kansas Supreme Court, as our Civil Code came from that State. In addition to this fact we shall not only give also, the decisions of the Court of Appeals from the Indian Territory but also the practice cases from Arkansas, for the benefit of those practicing in the Indian Territory. The desire of the editor of the Journal shall be to make it useful to the profession of the whole Southwest, as well as to that of Oklahoma. OFFER TO COMPROMISE. In the practice of the law there are many incidents that to properly manage them one requires practicethat is experience recalled and accompanied by calm, reflective and clear thinking. In none of the many incidents that arise is there greater necessity for caution and thought than in dealing with the question of settlement of a right of action by way of compromise. In some states the courts of last resort have decided that questions of offer to compromise are not admissible in evidence on the trial, should the compromise not be consumated. Yet the fact that letters are often written on the subject, and they may be of a nature that would prejudice the rights of one side or the other if read in evidence at the trial, a word of caution to the inexperienced may not be amiss. There are many cases brought that a compromise is better than a trial, especially in cases brought for tort. Of course the best guide in any particular case should always be the sound judgment of the attorney. In dealing with this subject, one of the most delicate duties that call for clear thinking, is the writing of letters to the adverse party or his counsel for the reason that under some circumstances these letters may be used by skilful lawyers to the prejudice of ones client, often with telling effect, if the compromise is not accepted and the matter settled. Now the way to write a letter that will not damage your client, is to so write it that no prejudice will arise against him if the letter should be read in evidenceand if it should be read in evidence that it will prejudice your opponent in the estimation of the court and jury, especially when you can give it the capping sheaf effect in your argument. When a letter is written, it should be so written that you may, by the reading of it, show to the court and jury that you wrote it with an honest purpose that you are willing to accept a certain sum perhaps much less than you may already have asked in the prayer of your petition, but simply for the reason that you desire to avoid the worry to your client or inconvenience or any other reasonable incident to your client. Some probable, natural and reasonable cause which will be heard without prejudice. One in fact that when given will not only, not prejudice your client but will arouse sympathy; for courts and juries are not slow to appreciate the fact that a modest, and often a timid client, especially a woman would rather waive a part of the rights than to |