The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-09-30

I'll the Judge attend but If the Judg'
be not present in his court within
three days after the first day Of the tern
then the court shall stand adjourned fol
the term
And it is found that the district cour1
for Washita county was opened in Clouc
Chief o. T., on September 10, 1900 ir
pursuance of the order Of the supreme
court, by D. \. Morrison, by his deputy
W. o. Dyer, present z. NJ. Hegler, clerk
of the district court by Henry NJ. Berry
his deputy; W. o. Dyer, deputy sheriff OF
Washita county, and the said Hon Jno
L McAtee not appearing, the said court
was adjoured by the sheriff by his said
deputy, w. o. Dyer, until 8 o'clock a.
m, September 70. 1900. And on the goth
day Of September, 1900, the said district
court was opened at O. clock a. m, by
public proclamation, in Cloud Chief, o. T.
Present E. NJ Hegler, clerk Of the dis
trict court, by Henry ". Berry, his depu-
ty clerk, and D. n. Morrison, sheriff, by
W. o. Dyer, his deputy, and said procla-
nation having been made by the said ID.
n. Morrison sheriff, by ". O. Dyer, his
deputy, and the said Hon. Jno L. Nc
Aztec, the presiding judge by appointment
as aforesaid. not appearing, the said
court was adjourned by the said sheriff,
by ". o. Dyer, his deuty sheriff, until
8 o'clock a. m, on the morning Of Sep
TENDER p, 1900 and thereafter the said
district court was opened on September
q, 1900, at g o'clock a. m, in Cloud Chief,
Oklahoma, by public proclamation, by D.
n. Morrison. sheriff, by W. o. Dyer, his
deputy. Present z. NJ Hegler, clerk Of
the district court, by II. n. Berry, his
deputy, and the said w. C. Dyer, as
deputy sheriff, and by him adjourned I'M
til o'clock p. m, of said day, the said
John L. McAtee not having appeare,
and thereafter, upon the said day the
said court was again opened at Cloud
Chief O. T., at ? o'clock p. m, by the
said sheriff. D. N Morrison, by w. o.
Dyer, his deputy Present E. NJ. Heg
Ter, clerk Of the district court, by H. n.
Berry. his putty, and the said w. o.
Dyer, deputy sheriff. And the said judge
the Hon Jno. L. McAtee having arrived,
and appeared and being present in said
court alpon said last named day, while
the said court was so open, and the said
officers being present, he thereupon pre-
sided in said court, and ordered the
sheriff to adjourn the court until o clock
a. m, of September %, 1900.
And thereafter on September %, 1900,
the said district court was opened in
Cloud Chief, O. T., at the hour of 9
o'clock a. m, pursuant to adjournment.
Present and presiding, Hon. Jno. L. Nc
Aztec. the judge assigned to hold the
present term Of court, as aforesaid; e.
NJ. Hegler. clerk of the district court, by
Henry n. Berry, his deputy. and D. n.
Morrison, sheriff, by w. o. Dyer his
deputy.
And thereupon the said court having
been credibly informed that the Hon. c.
F. Irwin, the presiding judge of the Sec
ond judicial district, had come into the
county, and had declared a term to be
opene at the town of Cordell. in said
county. upon the 18th ay of September
1900, and had adjourned the same to
Monday morning at O'Clock a m. Of
September a, 1900, and had gone out of
said county in the interim, the said Hon
Jno L. McAtee thereupon announced in
open court that he would not transact
any business in the court over which he
then presided at Cloud Chief until he
could have an opportunity of communi-
eating with the Hon. c. F. Irwin, ami
thereUp0n and accordingly ordered the
court TO be adjourned 10 September "a
1900 at o'clock and the court was there
upon adjourned to September a. 1900, at
O'Clock, by D. Y. Morrison, sheriff, by his
deputy. There being present at the said
session Of the court, z. NJ Hegler, clerk
Of the district court. by II. n. Berry, his
clerk. ard W. o. Dyer. deputy sheriff.
And the court further finds tina that
on the It'll day of September, 1900, the
said Hon c. f. Irwin addressed a. letter
to Henry n Berry, Esq, deputy clerk
of the district court of washita county,
at Cloud Chief in the following words
and language, to-wit:
In regard to the place of holding the
September term, 1 would say, that as
Judge McAtee has been assigned by the
supreme court to hold this term, 1 have
no jurisdiction IN the matter, and he
must decide for himself as to where such
term shall be held. While this is a part
OF my district, I have been, by an order
OF the supreme court temporarily as
signed to another district for the Sep
TENDER term. hence I desire to say moth
ing about the place of holding the term.
If you wish further information about
the matter, you can probably obtain it
10y addressing Judge McAtee, at Enid.
Yours truly (Signed)
&C. +. IRWIN, Judge"
And the court further finds that on the
Tin day Of September, 1900, the said Hon.
c. f. Irwin addressed a letter TO the
Hon. John L. McAtee. in the following
words and language. to-wit:
I have received a great many
letters from various persons in Washlta
county, asking whether the court would
be held at Cloud Chief or Cordeu. as there
has been an election in which it was de-
cidei by the vote TO change the county
seat from Cloud Chief to CordeH.
But as certain papers have been for
warded TO the clerk of the supreme court.