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

which the Cloud Chief people claim
amounts to an appeal from the decision Of
| this court in regard to holding the cleo
ton, and as some question may be raised
as to the legality Of the election, held
for the purpose of changing the county
seat, the supreme coure refused to take
any action in regard to changing the
place of holding court I have answered
all the communications, telling the par
ties that you had been assigned to hold
that term of court and consequently
had nothing to say about where it should
be held. / am frank to say that 1 am in
doubt as to just what ought to be done
in the matter, or where the court should
be held, and for that reason, refrain from
expressing any opinion on it.
Yours truly,
CSigneD "C.F. IRWIN"
And the court further finds that on the
18th day of September A D. 1900, the said
Hon. c. F. Irwin addressed a letter to
the Hon. John l.. McAtee, in the follow
ing words and language, to-wit:
Now, it viii be necessary for
you to decide at once whether you will
hold court in Cloud Chief or in Cordell
fill out the jury order and return irnmedi-
ately, so that you may have a jury on
the 18th. The place Of holding court is
something that no one but you can de-
eide The supreme court has made no
order. 1 have no jurisdiction over the
court, as you have been assigned to hold
this term. Please attend to this at once
as It is very important as you viii see 4"
Yours truly.
Signed &C. F. IRWIN"
And the court further finds that imme-
diately thereafter, to-wit, on the 18th or
14th of September, 1900, an order was sent
to the clerk Of the district court at Cloud
Chief, for the drawing of juries, to be
and appear at the city Of Cloud Chief,
where the court was to be holden, as had
been ordered and directed by the SUI
preme court of the territory of Okla
homa, by the before-recited order Of June
S. 1900, and that said order of the Hon.
John L. McAtee, for the drawing Of
turies was received by the clerk Of the
district court for Washita county on the
18th of September, 1890, and the said
iuries were thereupon duly and legally
drawn and ordered to appear at the city
Oh OlOuu OAlel, iCI the puIDOSb u ser
vice in the court as grand and petit
iuries, as was therein mentioned.
And the court further finds that the
Hon, John L McAtee. addressed a letter
TO the Hon. c. F. Irwin, upon the 18th
day of September. a. D., 1850. from the
city Of New York to him at the city of
Fl Reno, o. T, and mailed upon the same
day, and which by the due course of
mail was received by the Hon. C. F. r.
win not later than the 10th day of Sep
TENDER, 1900 in which the Hon. John L.
McAtee stated to him that he would be
in attendance upon the term Of court at
Cloud Chief in Washita county, and
would not permit the said term of court
to lapse. And the said court further
finds that the Hon. John L. McAtee also,
on or about the said 18th day Of Septem-
Der. 1900. also telegraphed to the Hon c.
F. Irwin, from the city of New York to
the city of FL Reno. to the same effect.
And the court further finds that on the
23rd day Of September, 1900 the said Hon
John L. McAtee addressed a letter to the
said Hon c. F. Irwin in the following
words. to-wit: