Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1902-01-15
Judge deiger's Proposition
to Mr.. Hamilton.


issue, but as it is matter of news to
our readers we give it here in FULL
Oberlin, Kansas, Jan. 10, 1902.
Hon. John R. Hamilton.
Norton, Kansas.
Dear Sir
| Relative to the question as to who,
under existing circumstances, the con-
stitution and laws of our state, is en-
titled to occupy the position and dis
charge the duties of District Judge in
! this district from the second Monday
in January, 1902, would respectfully
submit, to avoid complications and,
as far as possible, expedite the bust
ness of court, the following PROPOSE
| tiOnS, hoping thereby tOavOid techini-
calitieS and delays in the determine
| lions Of this matter which might re-
suit in hardShipS to litigantS. 1t is
| also my desire that attorneys and
court officers be relieved of the en-
| barraSSment which would follow a
| contention in court as to who should
! be recognized by them as the legal
| judge of this district, especially when
such recognition could profit neither
of US anything in determining our re-
latiye rights.
Under the lazy and your appoint
| ment, there can be no question but
! that present incumbent is entitled to
and should convene and hold court
January 18th, the act providing your
appointment reading, who shall hold
his Office from the second Monday in
January 1902 Az decisive of this
point see Best V. Polk, 18th, Wall, U.
s. page liz, cited also in 18th, Am. &
Eng. Enc. Law, page 562, (note) which
holds.
"Where the term of Office runs
from" certain date, the day of that
date is excluded from the computa-
Lion."
To the same effect is the case Bates
Vile Institute V. Coffman, same re-
port, u. S. J Isl.
My proposition to you is that upon
the 14th day of January, being the
second day of the term of court at
PhiIlIpSburg, l open court, you enter
ing your protest to my so doing, and
and at the same time making the
claim that you are entitled to call
under your said appointment. Then,
ii See lit to recognize your demand,
L may do SO, either with or without
protest. Ii l do not recognize you
under your appointment, l shall enter
or record in whatever form, language
or manner you may wish. your protest,
so that it preserves to you every pos
sible right you may have, or claim to
nave, under your appointment l
nave no desire nor inclination to take
advantage of you, either technical or
otherwise, in the slightest degree. |
will then proceed with tie business in |
such matter as may be agreeable to
the bar and persons interested, or
will adjourn the term to the first day
Of the next regular term of such court, |
which would preserve alike the rights
Of the state and defendants in GRIMM
al causes.
If the latter course be desired, and
you see Mt to present the matter to
alton as to our respective rights,
will accept service Of any proceeding,
waving time and issuance OF sum-
mons thereon, and with you go to To
peka, nle Snch proceeding in the ST.
preme court, and join with you in an
earnest request that the highest court !
IN the state SO appealed to take up,
hear and determine the matter before
the close OF this month.
LOU claim the right to the Office,
willie am in possession, and assert |
ing my right to continue in possession
thereof until aSucceSSOr is elected and |
Qualined; therefore | contend that |
under the law you should proceed as |
the statute and decision of our ST.
preme court direct, and that you can |
not Dy force, Subterfuge or strategy, |
nor Dy the acts OF others in recognize
Ing or refusing to recognize you, OBJ |
tain possession of such office without |
due process of law.
Ii the above be not satisfactory, !
will consent to submit to the supreme |
court the entire question upon an |
agreed statement OF facts setting forth |
the matter in difference.
This is not a contest of personality. |
Nothing whatever Of that nature, SO |
far aS [ am concerned, enters into the |
matter. The most friendly feeling |
has heretofore existed between you |
ard L, and L sincerity hope that Moth |
ing in this controversy may arise
which will alter that relation. base |
my claim To the Office on the constiLC-
zion Of our state which provides tor |
an elected Judiciary, and not an az
pOiuLIve one, excepting where there |
occurs vacancy by reason of the |
death, resignation, removal from the |
district or state, or removal from |
Office for cause of the elected judge of |
the district. Then, and then only,
can the governor OF the state under
The constitution appoint to ill such
vacancy SO occurring. My contention
by every decision L have yet