6 F.2d 130 | 8th Cir. | 1925
'These are petitions in which the writ of prohibition is prayed for, forbidding the respondent to sit and act as Judge of the United States District Court in and for the Northern District of. Oklahoma. The Northern District was created by Act of Congress which took effect February 16, 1925. 43 Stat. 945. Theretofore the State of Oklahoma was divided into two districts, the Eastern and Western, the Eastern having two Judges, of whom respondent was the junior in time of appointment. By the Act, thirteen counties in the Eastern District and two in the Western District were designated as . composing the Northern District, and that district was thus established. The Act named four places within the district and fixed the times when terms of court should be held at each place, one of them being at Tulsa, which was also one of the places named for the holding of court in the old Eastern District. It.designated and assigned .respondent to hold the District Court in and for the Northern District and empowered him to exercise the same jurisdiction and perform . the same duties within the Northern District as he had exercised and performed within the Eastern District prior to the passage of the Act. It declared that each of the Judges in and for the three districts, and the District Courts thereof, should have and exercise all the power and authority civil, criminal, equitable or otherwise which is conferred by law generally upon the District Courts of the United States and the Judges thereof. It provided that the President, by and with the advice and consent of the Senate, should appoint for the Northern District a Marshal and a District Attorney, and that has been done. It provided that a clerk and deputy clerk should be appointed in the manner provided by law, and the respondent has appointed a clerk of the court for that District. And it further provided that the President, by and with the advice and consent of the Senate, shall appoint for said Northern District of Oklahoma a District Judge, upon the death, disability or retirement of the District Judge designated and assigned by the Act to said Northern District.