At the same time another case argued, before the Supreme Court of Kansas, was the habeas corpus case of Edward B. Justus. This case involved a point of considerable interest to lawyers, and for that reason I make note of it here. Justus was indicted for murder in Noble County. A change of venue was asked under a statue which made it mandatory upon the Judge to grant it upon proper showing. This showing was made, but the Judge refused to grant the change. However, the application for the change and the order made thereon, were not embodied in the record of the case in the Supreme Court of Oklahoma, by bill of exceptions, or case made, as is provided by statue. Under this state of facts, the Supreme Court of this Territory held that there was nothing before the court for their determination. The record was regular. This point was also argued in the case before the Supreme Court of Kansas, but the Court waived consideration of that point, and denied the writ upon the ground that a failure to grant a change of venue under circumstances of this kind, did not deprive the court of jurisdiction. It was an error probably which could be corrected by an appellate court, but was not an error which could be inquired into collaterally by proceedings in habeas corpus.
