Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1891-07-22
JUDGE MCKAY.


the ronnds. We have examined the
Harper papers, but found no reference
to the matter. We are satisfied that
Judge Mckay is doing what he believes
to be fair and honorable:
TOPEKA, July 18.-G. w. Mckay, the
alliance judge of the Twenty fourth
district, has taken another turn at the
supreme court. Yesterday he placed a
warrant in the hands of the coroner of
Harper county for the arrest of the
sheriff, who had obeyed the orders of
the supreme court instead of his own.
B. A. Burr, who had twice been arrest
ed before, once while the supreme
court had the case pending before it,
was for the third time arrested yerter-
day on an order from Mckay. The
bench and the bar are awaiting with
breathless anxiety the next move of the
jurIst who presides over the Twenty
fourth district and laughs at the pluto
cratic judges in Topeka who think they
can dictate to him because they are call
supreme judges.
This morning the attorneys for Burr
submitted to the supreme court the nec-
essary papers for having Mckay arrest
ed for contempt to court. Judge Val
entine is the only judge now in the city.
This case will become historic. The
facts are these: Some time ago Albert
Honeywell gave mortgage on his
farm to the Commonwealth Loan and
Trust Company. 1t was afterward
learned, it is alleged, that Honeywell
was man of unsound mind, and in
December last he defaulted in pay
ment. The creditors asked that re-
ceiver be appointed to take charge of
the property, and at the January term
Judge Ellis appointed B. A. Burr. The
probate court appointed a guardian for
Honeywell, and Judge Mckay, who had
qualified and taken his seat while the
case was at issue, was asked to dismiss
the receiver and let the guardian TOR
Honeywell take charge of all of his
property. Judge Mckay made the or
der, but the case was brought to the
supreme court and reversed in decis-
ion by Justice Horton, who ordered the
property turned oyer to Burr. Judge
Mckay was again petitioned to remove
Burr and he did so. Firmly impressed
with the opinion that the supreme
court had jurisdiction, Burr refused to
pay any attention to the orders of Nc
Kay. The Twenty-fourth district
judge thereupon ordered his arrest, fin
ed him $50 and costs, and on his refus-
al to pay ordered the sheriff to lock
him up in Jail. Habeas corpus proceed
ings were instituted before the su-
preme court and Thursday last Burr
was released after giving bond in S15,-
600.
Before he was arrested, Burr appoint
ed two agents to look after the crops on
the land and prevent the removal of
any property. Judge Mckay issued all
order for these agents to Yacate the
premises and instructed the sheriff to
see that his orders were obeyed. The
sheriff consulted az attorney who adj
vised him to pay no attention to Nc
Kay's orders but to await orders from
the supreme court. He took the ad-
vice of the lawyer, but he made the
Judge indignant. Judge Mckay imme-
diately placed warrant in the hands
of the coroner for the arrest of the
sheriff for interfering in carrying out
his orders and for the rearrest of Burr
who was holding the property against
the mandates of the court. Mckay
will now be called before the supreme
court to answer to the charges of con-
tempt.
1t is said that Mckay always seeks
the advice of the alliance consultation
committee before rendering an opinion,
AT the time of his election he denied
the rumor that he proposed to go to the
Harvard law school before entering up
On his duties and said that he would de-
eide all cases before him according tC
the common sense view of it. He is q
meek, mild-mannered man not more
than five feet six inches in height, and
is an important citizen in his commun.
ity. When he came to Topeka to at.
tend weeks sitting of the supreme
court that he might thoroughly post
himself before assuming the Judicial
robe, he reYerently removed his hal
while in the lobby of the hotel and
made an Obsequious bow whenever one
of the supreme court judges or commits
SiOners came near.