New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-04
"BUCK"IN TROUBLEiALREADY
JUSTICE AS THE CHAMPION KICKER AD-
MINISTER'S 1T.

MINISTER'S IT
A REMARKABLE STATE OF AFFAIRS APPEARS TO
EXIST IN HIS INDIAN TERRITORY corRT-YoU
HAVE TO SEE HOBBY IF You WANT RE-
LIEF IN EouITY-IF YOU DON'T. you
MAY BE IMPRISONED FOR
CONTEMPT.
WASHINGTON oct 3-The charges made TO the At
torney- General against ex-Congressman and Judge
constan,lna Buckley Kl,gorc OF the United States
Court in Indian Territory. will be brought to the
attention OF the Supreme Court OF the United states
petition has been sent TO the clerk 10 De presenter
20 the Court when IL ccnvenes. for leave 70 ME
motion for a writ Of habeas corpus In behai OF W.
n Featherstone and J. 5. Arlington, who are no"
held in custody by Marshal Stow. Of the Territory
by order OF Judge Klgore. for contempt OF court
The petition Is a remarkable document. II IL signed
by W o. Davis. attorney for the petitioners
and is accompanied by record OF the proceedings III
the case OF the Armour Brothers Banking Company
against j. p. Arlington in Judge Kilgore's court
The document sets forth that. az Ryan l. l., on
June p 1895 the Armour Brothers Banking Com
pany as judgment creditor Of j. p Addngton
brought suit for the appointment OF receiver Tor
quantity OF live stock; that the receiver was APP
pointed as asked for; that j. . Aaalhs'on mace
answer 10 the complaint that the property was MS
/ n.
stone. that they endeavored to secure the Vacatoh
NJ said receivershlp in which effort occurred the
matter leading to their confinement on the chaise "a
contempt the details OF which are set iol'" !" '
petition. which continues
Your petitioners further say that the Hon. :; o.
Kilgore Judge Of said court. on the LIST day OK Nay
1895 appointed Edwin HOBBY master IN nrdsr
fixing the fees OF said master at 50 per DAY Ier Inc
time actually occupied in the transactiou o. I'll, i
business that should be referred TO- him Your Pss sn
timers further say that Judge Kilgore mas peei
laboring under the BELIEF that every equtsy ~
when nled proprio vigore went 10 tne mssss MAST a.
cbnncerV without any order OF reference, wnicn pc
lief your petitioners believe TO be ~, ahv
erro1eois bur in which the said Edwin HOBBY
fly cSncurred with the Judge Your Petitioners, aHr
her that ss i0oP Hobby ns whont any
being made 10 him. wrongful.y admin upon s
and took charge OF said suit. Judge hllsore mas
Snretfore and up to this time held and ruled that
he would srant relief 10 any party ~ an t uahy
su,t unless such party should first see EDWIN foDpS
ap9 nrocure the advice and recommendation OF SAID
Hobby II a plaintiff desires TO procure an IIJuao
No noners ~ the Judge but must first present them
to Edwin Hobby and procure ms advice hnnIns TO
me end Of a chancery suit which ruling your pe.i
toners believe to be arbitrary uh"arran'eu anu
erroneous.
HE WOULD NOT EVEN HEAR THEM
When your petitioners filed their sworn answers In
said cause. they also filed their application 10 va
cota the recevershlp basing the same upon defects
In the complaint and upon the TACT that lhe1i
answers and afidavits fully negatived ana reiuteo
all OF the equities in the complaint Judge h''soie'
however refused to hear said application. put com
PEELED your petitioners to present IL 10 E'"'n
Hobby Your petitioners being constralhnet s ara
forced by said arbitrary rulings. appeared oelotg
said Hobby on August g. put TO thst s~ PInSg an
Hobby held that he coud not auIls ave
the answer and afidavts, but thSt your &
must produce ther Witnesses o tbs ruling as your
petitioners believe, under an unwrtteh RUE itiaus
petitioners protested against this. and requested
The sail Hobby to send the 20 the Judge WIN
6aeved they were entitled 10 hearing before the
Judge and that he. Hobby had no business ,n,s Win
said Hobby fled his report and also his application
to be allowed $500 as extra compensation wnISn az
Judge Kigore In the absence OF your peutoners
and without any notice to them allowed sad hoop }
cause and directed the TO sell any property
| in MS hands 10 raise said sum Afterward, on Au-
gust ~ the said Judge in vacation and in the abb
sence OF parties modified said order by proyidng
| that the plaintiff might pay said Hobby said sum IN
Judge Klgore about this time agreed to hear said
your petitioners application to vacas sag
recevership at Ryan on September 49, but afterward
on August 81, repented OF said agreement ana IN
| them. and in Chambers. allowed the said Hobby
500 when ne asked FOR only 800 and taxed the same
| against your petitioners, ana PROVIDED that tney
should be entitled to no relief In said cause uhtil
/ on September Is your petitioners appeared by at
torney before Judge Kilgore. at Ryan. and sought
shp but the Court arbitrarily refused hear II be-
cause said order had not been compiled with on
chambers. prepared an order rectng that the de-
Pendants. s Arlington, J; Addington, W. H.
Agsus 81 to PAY Edwn 40 H95 abb .hs tbS OF
an attachment issue for their arrest. Thereupon
| warrant issued by the clerk OF the court Tor
X "H and Samuel Davidson, which warrant
was executed the same day by the marshal taking
into 1 ms fgS2e 5 9G by taking into his
custody your petitioner W. II. Featherstone. There,
! Judge at Chambers. Having refused to pay Hobby
said $3.50 or Sny Sne 70 s9 bs S 81 sa
! shal for an alleged contempt Of court. and have
Without any ne Wrtea mimas showing Of
offence they are CHARGED or the particulars OF the
judge judge; 'D' "'' "''' '''' ~
! WHAT DOES BUCK" DRAW SALARY FOR?
Your petitioners further aege that their advisors
| believe that said Edwin Hobby had no jurisdiction
/ in said cause. for 1t had never been referred to
| him. or even reached that stage where 1t could
| be lawfully referred. and the said Hobby was
mere usurper and person who stood In the way
and obstructed the passage 10 the courthouse that
! bv parleyIng with one who wrongfuly obstructs
! the way TO the court, did Edwin Hobby, they in
CURED no legal liability and made no contract. ex
press or implied to pay the obstructor for his time
and II So the remedy Is by suit to recover the debt,
/ and the Judge at Chambers cannot arbitrarily.
without notice and In the absence OF the parties,
audit the claim and mprlson your petitioners until
/ IL Is paid: that the order directing them to pay
! Hobby $50 made without authority ana - IL
/ legal and VOID and cannot be made the basis or
proceedings against your petitioners for contempt;
that 10 first take their property from them without
! notice and next require them 10 pay $3.50 which
| they 10 not the price Of hearing, is not
/ due process OF law, and said order, therefore s
| null and void; that before they can be imprisoned
for alleged contempt a written mitt!mus should
Issue directed to the marshal naming and specify
ing the charge and recting the particulars thereof
/ VIII ch has been done in this case, that the
questions Of law arising from complaint and an
| swer as 10 whether a receivership should be va
Gated or retained is for the decision OF the Judge
and for his labors In reaching conclusion he Is
/ paid a salary, and that II the judge needs or re-
quires advice from any other source 1t . his duty
10 pay for the out of his salary and not make
IL upon the litigants and the attempt TO do 80
/ In this il Illegal and void