Omaha daily bee., 1903-01-02
JUDGES WAIT FOR FAWCETT
Will Not Assign District Court DsCkets
Until Absentee Votes.
BAXTER AND Es1ELlE MAY Be RIVALS
withdraw from Conference for Pri-
waite Talk, Thought 60 he over In
cnmbency of Criminal Bench
Term Dates Announced.

The continued absence Of Judge Jacob
Fawcett. who has been away from his
bench during the entire October term OF
court, but who was relied upon to be here
before this date, resulted yesterday in a
postponement Of the assignment of the
dockets Of the seven judges of the Fourth
judicial district for the year 1903. Incl
dentally, It developed what some have
taken to be a rivalry between Judges Bax-
ter and Estelle for the criminal docket and
It's prestige. The meeting held the Judges
behind closed doors for nearly two hours
and resulted only in the determination Of
the term dates, the adoption Of an addi-
tional rule OF practice and the announce
ment that the assigning Of the dockets will
not be done until Judge Fawcett can be
communicated with at his Oregon quar-
ters and his preference learned.
Baxter and EsteIIe Heart-tO-Henrt.
The meeting was in the Office Of Judge
Baxter back OF the criminal court room,
with Judges Irving F. Baxter, w. w. sla-
baugh. Lee s.. E%stelle, Guy R. c. Read,
George A. Day and Charles T. Dickinson
present. After the session had been on
about forty-1ve minutes Judge Baxter and
Estelle emerged from the conference room
and went into a side apartment, where
they were in earnest conversation for sew
eral minutes. 1t was known last year that
Judge Estelle desired the criminal docket,
but this year he had taken an attitude Of
Indifference, whereas Judge Baxter was
considered openly receptive OF the COM
pliment of a second term. What passed
between the two yesterday morning is not
known, but it is believed that no agree
ment was reached and that they returned
to the conference room as far apart as
ever.
To Avoid n Possible Deadlock.
Each has his friends and as the even
number of judges present would make it
possible for a deadlock in the balloting, 1t
is assumed they decided to leave the matter
until Judge Fawcett's preference can be
ascertained, and then hold a second meet
ing, probably tomorrow, at which one or
the other would seem certain of a majority.
When the conference ended It was given
out that Judge Dickinson is to communi-
cate with Judge Fawcett by telegraph and
that until an answer is received the dockets
will not be assigned. When the judges had
told this much they closed up like clans
and all sidled for the door, except Judge
Baxter, who. as secretary of the meeting,
had to remain and give out the report Of
the routine proceedings.
Term Dates, Salaries and a New Rule.
Terms Of court in the various counties,
it was decided, shall open as follows: Doug
las. February 2, May 4, October 8; Burt,
March 2 and October 10; Washington,
March 16 and November 8; sarpy. March
20 and September IA. The equity Judges,
Read. Day and Dickinson, are to take the
outside counties of the district, as here
tofore.
The deputy county attorneys were al
lowed salaries Of 800 per month, which
also is a following OF precedent.
The old rules of practice stand with the
addition Of one to the effect that no ad-
ditional parties, plaintiff or defendant,
shall be allowed to be added to a suit after
such suit has been commenced without first
obtaining leave of court so to do. This
rule is occasioned by the habit some Of
the lawyers have acquired Of adding names
after the original filing. Such offenses
have been particularly numerous In the
city tax cases and result in confusing the
indexing Of the records. Only last week
Judge Read issued the twenty-hfth decree
in a case in which only FIVE parties were
named originally. Attorneys have taken
the course they have in order to avoid the
payment Of a small filing fee, but this triv-
ial economy might result seriously in later
years, the Judges say.