The Sentinel=record., 1914-11-28
BAR ASSOCIATION MAKES REC CONTAMINATION THAT HE SERVE
 PENDING THE DECISION.
NOT ONLY RIGHT BUT DUTY
Action Taken Means That the Circuit Court Will Be ReconVened Here on Monday instead of Awaiting an In definite Decision of Case,

Circuit Judge Gotham will convene circuit court next Monday morning at 10 o'clock in the circuit court room, and will continue to preside over this court pending a decision now in tle state supreme court of the contention raised by Scott Wood, who is a claim ant for the office.
 The decision ny Judge Gotham is the outgrowth of a recommendation made by the bar association yesterday afternoon when that body adopted a committee report which had given much study and application to the is- sue raised, and which report was in effect that Judge Gotham is the judge of the court de facto, and it was not alone his right but his positive duty to serve the people in this connection until the issue was decided
 There were present at the meeting Attorneys Gotham, Curl, Bouic, Witt, Leslie, Gladson, Kirk, Davies, Ora. ham, Campbell, Hogue, Davies, Ru h erford, Bean, Ledgerwood, Farmer " yer, Bedding and Murphy Judge Cot ham, president of the association, be- ing directly interested in the pro- ceedings, called Vice President Ruth erford to the chair. and the latter pre- sided.
 Judge Davies submitted the report of the committee, which was signed by himself and Judge Hogue. He ex pained that Judge Henderson had not gone into the subject with the others of the committee because later the matter might get into the clancery court, and he had deemed it better not to serve in the bar association discussion of the case.
 The report set forth positively that in the opinion of the committee when contention was on it was the right and duty of the judge presiding to continue to preside until the issue had been disposed of, The report was based on decision reported in Cyc wherein a case of Rose ys. Driver was cited. This particular case was discussed freely, and as a conclusion the report recommended that Judge Gotham convene court Monday and continue to preside uItil the decision in the supreme court. The merit of the contention in supreme court was not entered into
 Judge Curl did not agree With the report, taking the stand that the case pointed out was one wherein there was an election contest to be settled, wherein this was simply a question of who was judge. He said that if Wood was judge after October 90. any action taken later by a judge pre- siding would be null and void.
 Judge Leslie thought because of the uncertainty of the situation it was better not to adopt the report of the committee. He said here was no doubt of the court having an incum- bent, but it was first tor the supreme court to say who that incumbent was.
 George P. Wilmington took the pc sition that it would be better for both Gotham and Wood to come Monday moraing, open the court jointly, and then forthwith adjourn, and continue to do this from time to time, without transacting other business until the supreme court announced its decision.
 Judge Hogue said that while this was not contest over an election, like the case of Rose vs. Driver. still it was a contest over an office. Judge Gotham had commission which gave him the authority to preside over the court until 1916. Wood had no com mission to serve under He took it That Gotham was therefore the de facto judge, and that it was the duty of Gotham 10 continue to serve. He said that even after the supreme court decision there would be l5 days to file a motion for a reieariag, and that then further time to file briefs might be given. and if this went on it might be well in January before the court could transact business.
 A motion, substituted by Whiting ton. to defer court proceedings pend- ing the supreme court decision, was lost. A motion by Judge Curl that both stay away from the court house Monday and the bar elect a special judge to preside over the court, was also discussed. but was lost
 Judge Sawyer moved the previous question, which was the adoption of