Territory of Okla. Ex Rel. v. C., R. I. P. ry.co.

This case, being a proceeding for mandamus in this court, with the history of which we are all somewhat familiar, is now before this court upon the motion of the relator for a commissioner to take testimony, and upon the objection of the respondent to the appointment of such a commissioner and the application of the respondent for a trial by jury.

If the question as to whether or not the parties are entitled to a jury is settled in the affirmative, it follows that this court has not the power to appoint a commissioner to take testimony over the objection of the party demanding the right of…