The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-29
CHAINS DROP OFF
WOoD-CUTTING PERSECUTION IN
OKLAHOMA MUST CEASE

Judge McAtee Takes the Part of the Poo
Settlers Who are Hauled Across tn
Country on the Charge of Cutting Tim
of Making Fees for the Deputy Mar
shals-His Complete Opinion I'm . Cas-
Which will Mark the End of the ReigI
of Tyranny.
Pond Creek, o. T., Sept. 2S.-(Special
The wood cutters of the territory
have at last found a friend. That
friend is Judge McAtee. Every since
Oklahoma was opened there has been
E species of brutal persecution which
has been carried on principally by the
deputy marsha is with the help of Uni
ted States commissioners. These dep
niy marshals have been in the habit OF
swooping down on poor settlers, pulling
them out of bed and carrying them
great distances on the charge of cut
ting timber on government land. Great
cruelty to arrested settlers has often
resulted, the deputy marshals taking
them as far away possible in order
to increase their fees.
Judge McAtee has called A halt. This
was done in an opinion rendered by
him at this place yesterday in the case
of the United States against Joseph
Gautier who was charged with timber
cutting" by Edward Taylor before j.
T. Saunderson a commissioner of the
district court for the United States for
the First judicial district of Oklahoma
In his opinion, which is an important
one to Oklahoma. Judge McAtee after
stating that Edward Taylor had made
the complaint by affidavit to the COM
missioner says:
''Thereupon the said commissioner in
Logan county of the First judicial dis
trict of the territory, issued his war
rant to the marshal of the United
States, and to his deputies or either of
them, in which it was recited that the
said Taylor had made his complaint
in writing under oath before him. the
said commissioner of the district Of Ok
lahoma, charging that the said defen-
dant committed the offense above spec
flied.
Thereupon, and by the said warrant
the said commissioner undertook to
command the said marshal and his dep
utieS in the name of the president of
the United States, TO apprehend the
said Joseph Gautier and bring him forth
with before me or any other commits
sioner having jurisdiction of said mat
Ter to answer to the said complaint
that he may then and there g dealt
with according to law, for said offense.
Thereupon, by virtue of the said pa
per, purporting TO be a lawful warrant
On the 18th day of June, the United
States marshal arrested the said JOS
eph Gautier in Grant county, and
brought him before a United States
n mi fnr I, ind;
trict at Pond Creek i'm Grant county
upon said criminal charge, whereupon
the defendant was held to appear be-
fore the district court Of the United
States for the Fifth judicial district
10 be held in Grant county at the next
regular term of said court, but was
admitted to bail.
Afterward a formal complaint, based
upon these proceedings, was filed
aginSt the defendant in open court Sep
tember 10th, 1895.
The case comes ON to be heard upon
the motion made by the defendants
attorney. A. M. Mackey. Esq, to quash
the information: Qst) because the
proceeding was void, and 90 because
1T is not instituted according to law.
The question Is one of the greatest
practical Importance in this territory.
1t has cen the common practice of the
United States commissioners of the
First judicial district to receive aft
davits of the character mentioned in
this case, and to issue warrants there
upon for the arrest of persons upon sim
liar charges to many counties in the
western portion of the territory. If
the practice is justified by the law it
permits the institution Of criminal pro-
ceedings, or proceedings for he punish
ment of offenses against the laws of
the United States in counties other
than that in which the offense was
committed. A defendant then may be
arrested in Woods county upon an &C
cusation made before a United States
commissioner in Logan county. more
than one hundred and fifty miles from
tine place where the offense is charged
TO have been committed, or in Roger
Mills county, more than two hundred
miles from the place where the accu-
sation is made, and from where the
order Of arrest was issued.
1t is provided by section ten of the
Organic Act of this territory, page A
of the statutes of 1893, that;
All offenses committed in said ter
ritory. if committed within any organ
lied county, shall be prosecuted and
tried within said county"
The trial is a part of the prosecution,
and no officer exercising judicial func-
lions, would undertake TO conduct the
trial OF the accused person outside of
the limits of the county within which
the offense is charged TO have been
committed. Neither can the affidavit
or information for the purpose Of pro-
curing a warrant TO issue which is
made by the complaining witness. be
made and the warrant issued thereon
by the commissioner directing the ar
rest OF the person who is charged
with the offense be issued outside of
the county where the offense is al
legged OF have been committed, unless
II be held that these measures are them
selves no part of the prosecution
This contention cannot be sustained.
The prosecution includes every step
by which. in pursuance of the method
prescribed by law, an Individual is
sought to be separated from the mass
Of his fellow citizens, and made the
subject of a charge for a criminal of
tense Tor the purpose Of ascertaining
The truth OF the charge, and securing
the punishment of the accused
The very initial step of swearing out
the warrant, including both the affida-
Wit made by the accuser and the judic-
lal step or ordering the arrest of the
accused by the United States commits
sioner. are a part of the prosecution.
1t is impossible 10 hold otherwise.
The defendant is held in this court up
on an accusation made in the name of
the United States of America, upon an
timber in viola ton of the federal stat
the fact that the defendant was held
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