The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-17

MISCONDUCT IN OFFICE
Mil be Charge Unless Buck
ner Is Allowed TO Practice.

Guthrie. o. T., Jan. 1e.-Judge c. r.
Buclper Of this city. is preparing to
make things warm for Associate Justice
John I. McAtee. OF TIE Fifth Judicial
district. Judge Buckner is completing the
preparation for fling charges against
Judge AcAtee providing some measure is
not ADOPTED TO allow him 10 practice in
AIcAtee's court. The charges VIII pc Sled
in the departments OF justice and interior
and win allege misconduct IN ofice.
The FIRST clash between tkesc two men
came up two years age. At thai time
Buckner was attorney for a man charged
with r,urler; the case 10 he heard in Nc
Atee's court It IS sand that 0lcAtee had
made an order in which It was considered
contempt OF court If an attorney asked
for O change of venue. VIXEN B1cl1ner 5
client vas called up fer trial. Judge
Buckner Immediately asked for a change
of venue Judge 8IcAtee then held Buck
ner for contempt Of court and ne was
utrned over to the sheriff. The sheriff
allowed Buchner 20 lrive forty miles TO
apnear before Judge irwin iE habeas cor
pus proceedings and was released from
custody.
JaGge Buckner did not appear IN Nc
Atees court until last fall lie had a case
before AGcAtee at Enid and on the day
set for the hearing entered the court
room to take his part N the case. As
soon as he entered the room he was
called before Judge AIcAtee and suspend
ed from participating in the Fifth judi
cial district. dating from tfat time. Nc
Atee charged Buckner with discourtesy
to the court. 1t is said that several t1mes
Buckrer has petiticned Judge NcAtee for
Il hearing. in order that tho case might
be gone over and that Bucloner Taight
have an opportunity of clearing niniself
of the charge Of contempt, but this was
refused.
4 few days ago JuGse Buckner Drought
the matter before the Oklahoma supreme
court in the form OF mandamus proceed
ings TO compel Judge McAtee 10 recall
the suspension against the attorney.
Nothing was ever done in the matter
although the case was called up.
1t is understood that Judge NcAtee
asked that the matter be allowed to rest
untn l.e could 80 to End and revoke the
order II ease nothing comes Of thu case
pending in the supreme court Judge
Buckner win file his charges in Washing
tor 1t IS understood that al Of the atfi-
davits are ready fer fling.
Judge Buckner has stated repeatedly
that ne mas done nothing for which he
should apologize. nor has taken no action
for which he should be suspended from
practice IN the Fifth district
1T is stated that Judge McAtee, while
in the city a few days ago. called at tho
governors cfioe in order TO protest
gainst the issuing OF Ire governors re-
port on the grounds that the report did
not do him justice as the statement Of
the number of cases handled by him was
not correct He was informed that the
clerk Of the Fifth district lad given the
report but then, it is said that Judge
AIcAtee still protested. saying that lie had
heard more cases than was reported. He
was told that no one had authority to
stop the reports now. as they were issued
BY Governor jenkins and that official is
now out of office. Judge McAtee then
wanted a foot note inserted. explaining
the situation.
The portion Of the report objected to is
this:
Fifth District
Number of cases docl1eted during the
Numter Of eases disposed OF ..........5Os
Iotal number of cases on docket June
60, 1901 ...-............-.-....-..