Omaha daily bee., 1907-01-13
Additional Federal Judps with Records at
Capital is Proposed.
DELEGATION DIFFERS on DETAILS
Conference is Held for Purpose Of Harmon
iEing Conf citing Views
NINE PLACES FOR HOLDING COURT
Additional Conference to he Held at
which, Il IL Hoped, Agreement
VIII BE Reached on All
Points.
CFrom a star Correspondent. J

NEEoH n SNdh SOIttHpoHuohAsl
WASHINGTON, Jan. 12-(Special Tele-
gram. )-Inspeetor Lewis Of the Department
of Justice. after a thorough investigation of
the judicial situation in Nebraska, reports
in favor of an additional federal Judge
with records at Lincoln and against the
division of the state into two judicial dis
tricts contemplated in the Burkett bill
This information was made known this
morning at conference of the members
of the Nebraska delegation, with all pres
ent except Mr. Mccarthy.
The report is in contrast with the recon-
mendation Of former Attorney General
William II. Moody, who suggested that the
state be divided into two judicial districts
Delegation Not of One Mind.
When the delegation met this morning 1t
was with the understanding that they
would get together on a two-dlvislon basis
and. If possible, harmonize all conflicting
interests. AS the conference progressed
considerable difference of opinion was
manifested particularly so far as the sub
divisions in the North Platte section was
concerned. AS to the southern division the
delegation agreed early that courts should
be held at Lincoln. Hastings and McCook.
As to the northern division they generally
agreed with Congressman Knkaid that
courts should be held not only at Omaha
and Norfolk, but at Grand Island, North
Platte, Alliance and at either O'Neil or
Ainsworth, which was left open.
There was no difference of sentiment as
to where courts should be held in the
South Platte division. nor as to the ter
ritory included within the Burkett bill, ex-
cept as to whether Hamilton county should
be put into the Hastings or the Lincoln
division. Judge Norris was in favor of the
/ IT
Senator Burkett and Representative Hin
shaw.
AS to the North Platte division, decided
differences Of opinion were expressed, Judge
Klnkaid insisting that court should be held
In q number of places which other MEM
bers of the delegation did not approve of.
But Congressman Kinkaid. in view OF let
ters he sent out early in December to sew
eral district judges In the Sixth congress
sionaI district Insisted that all the places
named above IN Sixth district should be
provided for in a, -ition to either ONeill or
Ainsworth, which he would decide upon
later.
Committee of Three Appointed.
1t was not all smooth and serene sailing
at today's conference. Many divergent
views were expressed looking to a compro-
mise on the two judicial district bills for
Nebraska, but harmony was not feature
Of the conference. A committee of three
was appointed, consisting Of Senator Bur
kett and Representatives Norris and Kin
kaid, to report to the delegation, which
will meet tomrrow (Sunday) in Senator
Burkett's room at the capitol for the pur-
pose of receiving a general outline Of where
the two judicial districts, II created, shall
hold their terms OF court.
The Burkett bill. now pending in the
house is to be amended materially 1t will
contain provision that court shall be held
at every place provided for in the bill. 1t
Will be proposed that grand juries shall be
called only in Omaha and Lincoln; that the
grand jury in Omaha shall have jurisdic
ton in the northern district and the grand
Jury in Lincoln over all offenses in the
southern district; that all indictments found
shall be certified to the division where the
offense is committed. and that the case shall
be tried in that district. This provision
applies only to offenses committed after the
passage Of the act other provisions will
be made that cases must be commenced and
tried where one or more OF the defendants
reside. but by stipulation of either party
and with the approval Of the court cases
may be removed to any othey division.
The criminal cases under the amended
bill. shall be tried in the division where the
! OffenBe Is COTnInitLeus puA may NC iVtioNeu
on application OF the defendant and APP
proval Of the court
Another feature OF the new bill which is
to be substituted for the Burkett bill, should
the delegation get together. is that all
petit Jurors shall be residents OF the di-
vision where the court Is held.
All for second Judge.
Judge Norris, in speaking Of the confer
ence today. said: Two things are neces-
sary. We must have another judge. We
ought to have court held In the west part
OF our state II we cannot divide the state
into two judicial districts am I'm favor OF
an additional Judge, but he must hold court
In our section"
Congressman Kennedy, in explaining his
position, said: Il am in favor Of an ad-
ditional Judge with a few central places for
holding court In the west part Of the state
and a set OF records kept in the South
Platte in charge Of a deputy clerk. My
Judgment is that nothing beyond that IL
necessary at this time"