—declaring that Oklahoma's jury trial right "was not predicated upon the statutes existing in the territory at [the time of the Oklahoma Constitution's adoption], but upon the right of the citizen, as the same was guaranteed under the federal Constitution and according to the course of the common law

—this court gave exhaustive consideration to the question of the jury trial guarantees of our own Constitution, in the face of prior holdings not in harmony, and held: "The right to trial by jury, declared inviolate by section 19, art. 2, of the Constitution of Oklahoma, except as modified by the Constitution itself, has reference to the right as it existed in the territories at the time of …

When reviewing the historical aspects of jury trial rights, "most states look to the jury trial practice in their own territory or colony before statehood, in addition to the English practice, recognizing that the course of the common law may have been modified by territorial or colonial statute

—no knowledge or notice of it, or that he was 1917, providing for the forfeiture to the state of an automobile used in transporting liquor in violation of the prohibitory laws of the state, where an issue of fact is raised by the pleadings, the claimant is entitled to a jury trial.

—type, the existence of a right to a jury trial depends on whether the court problem concerning which constitution.

This right, which is guaranteed by the United States Constitution, follows the common law rule prevailing at the time of the adoption of the Oklahoma Constitution and of the admission of Oklahoma into the Union

—the Oklahoma Supreme Court noted this fact in a reference to the authoritative work of Judge Cooley, who stated that "[t] he [states'] constitutional provisions do not extend the right [to a jury trial]; they only secure it in the cases in which it was a matter of right before. But in doing this, they preserve the historical jury of twelve men with all its incidents, unless a contrary …