Arizona republican., 1901-10-18
A ROOTED QUESTION
Is Now in Fair Way for a Settle
 ment.

Every debating society or literary that was ever organized has at some time in it's existence speculated upon the result of a contact between an ir- resistible body and an immovable body It was supposed to be a purely hypo- thetical and impossible proposition, propounded only for the exercise of the crescent intellect. But sucn an un- | expected event actually has hap
 pened. It came about in this wise: An outgrowth of the litigation which has corruscated about the London com pany was a reiterated demand by w. T. Smith. who had impelled himself in- | to the melee, or who had been driven into it by an adverse fate for a writ | of restitution. Justice Burnett before whom the case had been tried, refused | to issue the writ, or. in the interest of accuracy, pretended to be dead when the application was made. In order to | resurrect him a mandamus suit was brought against him in the district court
 The case was set for Tuesday but was displaced by many other less important matters, much to
 the disgust of Justice Burnett. who | withheld his impatience until Wednes- day morning. when the case was again | side-tracked until o'clock in the af- 1 ternoon. Justice Burnett then arose and | informed the district court that he | had court of his own; that in his
 court it was a practice never to disap- point or delay litigant; he had a case pending to be tried at 1:30; if it were
 concluded at that time he would try
 to get back to the district court a half l hour later. out of mere curiosity, to see
 what action might be taken in the case | against him by MT. Smith
 The case to which Justice Burnett re- 1 ferred was an application for a change | of venue from his court on the ground | that the court was prejudiced IL
 took him only a minute to deny the | motion, and then, according to his premise. he moved leisufely to Judge | Streets court. He stood at the bar 1 with the air of a brother justice who meant to say that he was about to
 cease to hold concurrent Jurisdiction | with the district court and to suspend
 an interchange of judicial courtesies. | Justice Burnett, however, was some l what modified by the submissive tone | of Judge Street. who said: May 1t
 please the honorable court of half of 1 Phoenix precinct: may I take up the
 time of the court for a few minutes in
 the matter of the writ of restitution
 prayed for by he petitioner, w. T. ! Smith?''
 The case was again continued until ! yesterday after a prolonged hearing. The irresistible court of Justice Burnett had not yet been resisted and the inn movable district court had not yet been | moved. But something was expected
 to happen by which the debating soci-
 cities and ''literaries' would be made | wiser.
 l The case was resumed by Judge
 Street again yesterday. and after Il 1 careful consideration he ordered a dip | lomatic judgment. by which a rupture
 with Justice Burnett was neatly avoid | ed. He did not direct the issuance of
 the mandatory writ. put he seemed to
 take the middle ground that the pro- ceedings had not yet reached a stage
 at which it was proper to ask for a | writ of restitution. He therefore sue-
 gested in a deferential manner to the
 court of coordinate Jurisdiction that
 it proceed with the hearing and deter
 imitation of the case. Thus the ire
 sistible court has not yet been resisted
 and the immovable court has not yet
 been moved. but there has been, Is
 everyone must perceive, very close
 shave.