The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-10-23
JUDGE IRWIN SIDE
Of the Washita County Con-
trOverSy Presented.
REPLY TO JUDGE M'ATEE
Strained Relations Apparently
UnreIieved.

Guthie, o. T.. Oct 22.-The calling to-
session for the purpose OF untangling the
Washita county seat muddle apparently
has not served to aneliate the strained
relations between Judge McAtee and r.
win arising out of the situation when the
two Judges attempted to hold a term Of
court in the same county at the same
time Judge McAtee stated to the
Eagles correspondent that the controver-
sy was settled when he adjourned court at
Cloud Chief and Judge Irwin in an inter
view printed in the Daily Evening Lead
CT, gives his version of the trouble as
follows:
ITS trouble would never have hap
pened had Judge McAtee been at home in
the district" said Judge Irwin. He con-
tinued: Before Judge McAtee left Ok
lahoma, he asked me if I would hold
court IN Dewey and Day counties dur
ing his absence, saying that in return he
would hold my courts in Custer and Wa
shita counties. I did not care to make
the long drives in Day and Dewey coun-
ties, and while discussing the matter
with Judge Buford, he said he would
sit for McAtee. NIcAtee objected, say
ing that ne did not want BufOrd to
come inside his district told McAtee
that I could not afford to Inconvenience
myself to indulge his preudices and that
the best Icould do would be TO hold court
for him in Dewey county.
AT the last sitting of the supreme
court an order was made assigning me
70 gebin the term of court at Logan,
Dewey county, September 19, and Judge
3IcAtee TO begin court in Washita county
on the same day. Judge McAtee was
outside the territory and not present at
the sitting of the supreme court. I was
extremely anxious that Washita should
have a term OF court. Smallpox had pre-
vented the holding Of the last term, and
there was important cases, one for muir
der, on the docket. Not being sure that
McAtee would return to Oklahoma in
time to open court, I was careful TO
have the order drawn in this language:
Ordered by the court, that the Hon.
John l.. McAtee, associate Justice of the
supreme court Of the territory of Ok
lahoma. and presiding judge of the
Fifth judicial district, be and he is here
court OF the county Of. Washita, at the
term beginning September 10, 1900, and TO
Try, hear and determine all matters and
cases pending or arising herein, during
he absence of the Hon. Clinton Irwin,
the regular presiding judge of the said
district court therefrom. This order per-
United McAtee to hold court IN Washita
county during my absence. I made re-
peated attempts to find McAtee's where
abcuts and whether he would be here in
time to hold court. Finally I received
telegram from him at Washington in
which he said: VIII make Washita term
possibly a day or two later, order jury
for eptember l. Themessage was dated
September 10, which made it impossible
. 10 order a jury on September l.
4 tried to learn what he meant, but
he had left Washington and gone to
New York I could not reach him.
had sent an order for jury to McAtee
at Enid. eaving vacant the name of the
town wherein the court should be held,
as the county seat had not been changed
from Cloud Chief to Corden when the
court term was fixed 1 got no reply,
and with the advice of the chief Justice.
n no dstttu mat ndQ JURISDICTION IN my
own district, I made the order for jurors
at Corden. Hearing nothing definite
from McAtee. I decided TO hold my own
court in Washita county. John P Rem
shaw, McAtee's cletk, promised to notify
me at the last possible momont before I
tarted Il McAtee was in Oklahoma
got no message apd reached Cordel Sep /
TENDER 10, and opened court. The records
had not been moved from Cloud Chief
! sent Tor them, but was told they had
bene stolen. I adjourned court until
September q. and returned to FL Reno.
When / reached Corden, September "a. |
] found a letter from McAtee, saving
that he had convened court at Cloud
Chief September o. and asking whether
] intended to continue my court: II 1 did
he would leave the county. I replied that
I did not recognize his court in Washita /
county and that I was Indifferent as TO |
where he went; he could leave or STAY |