The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1907-09-20
IS REAL FEDERAL COURT
NORFOLK HAS NOW STARTED IN
THE RIGHT WAY.
NEED HELP OF THE LAWYERS
Civil Cases For Federal Court, Which
Arises In This District, May Be
Brought to Norfolk by Attorneys.
Criminal Cases Must Be.

Brought to Norfolk by Attorneys.
Criminal Cases Must Be.
That the new federal court law is
to prove neither a dead letter nor a
lemon" Is the opinion OF Norfolk at
torneys and others who were interested
in the short term of the United States
court held in the Norfolk federal build
ing Monday morning.
Those who took careful survey Of
the matter saw beneath the short pro.
ccedings of two hours more than a
perfunctory visit of court officials to
the city.
Although there was general regret
that the initial court session under
the new law was so short lived there
is feeling today that the court SEES
sion Monday meant more to Norfolk
than was readily apparent.
1t is also pointed out that for the
first time preparations were made for
u real term of court, that a federal
jury had been summoned and was In
attendance, that two motions went to
the court and that in one instance at
to argue the motions. Only cases to
be tried were wanting to make the
court as real" as Norfolk could wish.
"The dearth of cases is not hard to
explain" said Norfolk attorney,
speaking of the federal court session
"rhere could be no criminal cases for
the very good reason that though two
cases have originated that will have
to be tried in the district, the federal
grand jury to indiCt the accused men
has not met and will not meet until
next Monday in Omaha. The trial of
civil cases rests largely with the at
tomcys. Few cases have been filed
and attorneys are not yet familiar with
the new order of things. The Clear
water street case went to the court
torneys from away. The court officials,
including Judge Munger, showed a dis
position to conform to the spirit of the
law and entertain any business that
might come up"
Under the provisions of the new law
the question of trying civil cases in
the different court centers seems fairly
up to the lawyers. Civil cases orig
| mating in the Norfolk court district
are to be tried in Norfolk but on the
other hand the two parties to a suit
can by the consent of the judge trans
fer the hearing to sore other court
center in the state.
But more favorable provisions exist
in the matter of criminal cases. Save
that the right to change of venue
is protected the law states expressly
that the cases are to be tried in the
district where the crime is committed.
The federal court must meet in Nor
folk again next September. But as
the federal court takes no final adj
journment sessions may be held in
this city when ever there is business
to require a session. Judge Munger
in Norfolk Monday stated that the
court would come to Norfolk for a
special term when ever cases here
might require A federal prisoner in
the county Jail at Madison unable to
give bail would have a right to ask
for a jury trial in the federal court
house in this city.
The attorneys who came to Norfolk
from away Monday and to whom Nor.
folk is indebted for the first court
hearing to be held under the new fed
eral court law are Attorney Smith of
Neigh and Attorney Durham OF
Omaha. The latter attorney repre-
sented the Northwestern while Attor-
ney Smith of Neigh came to Norfolk
in the interest of the town of Clear
water which is seeking to open a road
over the railroad company's right of
way. The question was argued and
went to the court on Clearwater's de.
murrer to the injunction petition asked
by the road.