Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-19
JUDICIAL BILL TROUBLES
Nebraska Delegation Bothered Over De.
tails Of the Measure.
ALL AGREED ON PRINCIPLE INVOLVED
strife Between Members of south DR-
kotn Delegation over Appoint
ments Keeps the Path Warm
60 the white House.
CFrom a Stan CUrespondent)

gram)-The federal division bill, which is
held up in committee on judiciary, continues
to give great deal of trouble to the mem-
bers representing the western portion of
the state. Judge Norris. who, with Repre-
sentative Kinkaid, is endeavoring TO amend
the bill so as to include divisions satisfac-
tory to their constituents, said today:
AT the beginning of the agitation for
the division Of Nebraska into two judicial
districts l was anxious that provision
should be made not only for the holding
Of court in the western part Of the state,
but that provision should also be made
that suits arising in the western part Of
the state should be tried there.
| I was the originator OF the idea that
the districts should be divided into
divisions, and that in such divisions there
should be place designated for the hold
Ing Of court, and that all cases arising
within any division should be tried in such
division. My experience in a residence of
more than twenty years in the western
part Of the state convinced me that It was
not only unfair, but many times a prac-
teal denial OF justice, TO require people
in the western part OF our state to travel
several hundred miles to attend sessions
OF the United States courts This was
not only an injustice to members Of the
who for reason had been brought into
the United States court.
AT the beginning Il seemed as though
this injustice could be best remedied by
division of the state into an eastern dis
trict and a western district. An examina-
tlon, however of methods Of communica-
ton and travel In Nebraska will. l think,
convince anyone that such division would
not be as practical as to divide the state
into northern and southern district
Moreover II these districts are divided into
divisions the real objection raised by the
People Of the western part OF the state is
completely met as fully as though the
state were divided into an eastern district
and a western district.
No Disagreement on Principle.
ANY impression that has been conveyed
that our senators and representatives from
the eastern part of the state are opposed
to the division Of the districts into divi-
sions with statutory requirements for the
trial of causes within the division where
they arose, is absolutely erroneous and
without any foundation whatever. From
the very beginning Of this discussion both
of our senators and four representatives
from the eastern part Of the state have
agreed that any amendments to what is
known as the Burkett bill. which Mr.. Kin
kaid and myself might desire providing
for division of the districts and the trial
of causes in the division where they anOse,
would ne4 onlyS be- ugsreed TO by them, but
would be heartily supported by them. Sem
ator Burkett. who introduced the bill
which passed the senate, has always ex-
pressed himself not only willing to
, agree to such amendments, but as being in
favor of and willing to support them
"It was the understanding at the last
, session of congress that such amendments
would be presented Immediately upon the
convening Of this session, and the only
reason that the same have not been pro-
posed and acted upon by the delegation is
because Mr.. Kinkaid has not satisfied him
self as to Just what divisions should be
made in the west half of the northern
district.
There has at no time been any misun-
derstandlng among the members OF the
? delegation, but on the contrary there has
been absolute unanimity on the principal
point-dlvision Of the districts into di-
visions and the holding of court in each
division-and 1t only remains that the de-
r tails should be worked out"
; Norris Oners Amendment.
Following out suggestions in his inter
view, Judge Norris today introduced a bill
amending certain sections of the Burkett
, bill diving the southern district of Ne
/ braska into three divisions to be known as
l the Lincoln, Hastings and McCook di-
] visions. The counties of Polk, York. Fill
/ more, Thayer, and all counties in said
l southern district east of the last-named
counties to constitute the Lincoln division,
all terms OF court for which shall be in
the city OF Lincoln. The counties of Ham
I ilton, Clay. Nuckolls, Adams, Webster,
Kearney, Franklin Phelps and Harlan
shall constitute the Hastings division, with
court 70 be held at the city of Hastings.
The counties OF Gosper. FIrnas ana other
counties in said southern district west of
the last-named counties shall constitute the
McCook division, court TO be held in the
city Of McCook. Other sections OF the bill
make provision for bringing of suits IN the
divisions where the defendant resides.
In his letter written TO the district judges
, I'm the south part OF the Sixth district a
copy Of which has been published in Ne
braska, asking them for their advice as TO
the formation OF divisions within the dis
trict to be created north of the Platte by
the bill which has passed the senate, and
is now pending in the house, 70 divide
Nebraska into two federal judicial districts,
Congressman Kinkaid, to prevent con-
structOn not intended by him, but deemed
. possible stated AhdA SetdAoI DuIkells ana
: so far as he knows all other members OF
: the delegation, have been ready at all times
to accord 20 the western part OF the state,
by provisions in the bill. the formation
! Of divisions with places for holding court
! therein, as specified in his letter"
Mr.. Kinkaid did mention that It was not
practicable 20 secure a division OF the
I, state into an east and west end district,
: confronted with the argument that the
great weight OF population is in the east
end Of the state, and the course Of the
railroads generally east and west.
Trouble in south Dakota.
/ The battle between the warning factions
of representation in congress from South
Dakota shows no signs Of abatement since
the members arrived in Washington u
g attend the present session of congress-
o This may be judged largely from the fire.
h ouent visits TO the White House, timing
q their visits alternately so as not 70 run
I afoul OF one another in their pleas with
4 the president, which South Dakotans have
, made in the last week,
I It would seem that the confirmation OF
d United States Attorney Elliott Il not the
e only question IA controversy. It h known
, that the terms Of once OF quite a number
g OF presidential postmasters have expired