CHAPTER 170 SENATE RESOLUTION NO. 15. Closing of Unfinished Business. A RESOLUTION providing for the closing of unfinished business of the First and Second Extraordinary Sessions of the Ninth Legislature, after adjournment. BE IT RESOLVED BY THE SENATE: That after the adjournment of the second extraordinary session of the Ninth Legislature, the President Pro Tempore of the Senate and the Secretary of the Senate, be, and they are hereby authorized and directed as follows: 1. The President Pro Tempore of the Senate shall audit all claims against the Senate, accruing as a result of the two extraordinary sessions of the Senate, and the Secretary of the Senate shall approve such claims for payment against any legislative or contingent fund available for that purpose. 2. The President Pro Tempore of the Senate is hereby further empowered and directed to exercise control and have supervision of the editing and compiling of the Senate Journal of the First and Second Extraordinary Sessions of the Ninth Legislature, to the end that such Senate Journal may be properly indexed and published; Provided, that a typewritten and bound copy of said permanent Journal shall be certified to as being a true and correct copy of the proceedings of the Senate during the first and second extraordinary sessions of the Ninth Legislature; and, that after certification, said typewritten and bound copies shall be filed with the Secretary of State; Provided, further, that in the work of making such index and superintending the publication of the Senate Journal and the closing of the unfinished business of the Senate, the President Pro Tempore of the Senate is hereby authorized to employ such assistants as may be found necessary to complete the work with dispatch. Adopted by the Senate March 14, 1924. CHAPTER 171 SENATE RESOLUUTION NO. 16. Illness of Senator Anglin. A RESOLUUTION evidencing sorrow because of illness of Senator Anglin, President Pro Tempore of the Senate. WHEREAS, Senator Tom Anglin, of Holdenville, Oklahoma, President Pro Tempore of the Senate, has been for the past ten days, and is now very ill, and is at this time the only member of the Senate absent on account of personal illness; and WHEREAS, the Senate has been deprived of the counsel of its worthy officer during said period, and the individual members of the Senate deprived of association with a friend: NOW, THEREFORE, BE IT RESOLVED BY THE SENATE: That, at this, the closing hour of the Second Extraordinary Session of the Legislature, in this manner, and in addition to expressions heretofore made, further evidences its interest in, appreciation of the membership of, and express its sorrow because of the absence and illness of Senator Anglin, its President Pro Tempore and leader, and wish the Senator a speedy recovery and enjoyment of good health thereafter; BE IT FURTHER RESOLVED, That a copy of this Resolution be, by the Secretary of the Senate, at an appropriate time, delivered to Senator Anglin. Adopted by the Senate March 15, 1924. CHAPTER 172 HOUSE RESOLUTION NO. 1 General Investigating Committee. Be It Resolved By This House, that the General Investigation Committee should make its final report and findings at the earliest possible time, and it is directed to do so. The said Committee is directed to make a report as soon as possible, on each impeachable officer who has been under investigation, either recommending impeachment or report that the facts developed do not justify impeachment. Adopted by the House of Representatives January 16, 1924. CHAPTER 173 HOUSE RESOLUTION NO. 2. Committee on Impeachment. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OKLAHOMA; THAT WHEREAS, Charges of wilful neglect of duty, corruption in office, incompetency, and offenses involving moral turpitude have been made against various officials of this state, which should be investigated, in order that the truth shall be ascertained and those guilty of such offenses be removed from office, and properly punished, if guilty thereof; and WHEREAS, the Committee on Impeachment and Investigation of Executive, Legislative, and Judicial Officers, and various other Committees, including the Recess Committee of Seventeen appointed by the Extraordinary Session of the Ninth Legislature assembled on October 11th, 1923 and adjourned on January 14th, 1924, took a large amount of testimony which has been transcribed and bound in convenient form into twenty-eight volumes, and several miscellaneous volumes in addition, all of which is now in the possesion of this House: Now, Therefore, Be It Resolved By the House of Representatives of The State of Oklahoma, That this House appoint a committee of members of the House, with power to issue process, compel the attendance of witnesses, punish for contempt, take testimony, and such other powers as may be necessarily incidental to that function, said committee to be known as Committee on Impeachment and Investigation of Executive, Legislative and Judicial Officers, and which Committee shall be required to make a report of its findings at as early date as possible, and all of said evidence is hereby turned over by this House to said Investigating Committee, said Investigating Committee to be composed of the same members constituting said Committee on Impeachment and Investigation of Executive, Legislative and Judicial Officers of the first Extraordinary Session of the Ninth Legislature, with these additions: Lowry, Gray, Thornley, Bell, Hansen and Varnum. Adopted by the House of Representatives January 16, 1924. CHAPTER 174 HOUSE RESOLUTION NO. 5. Requesting Attorney General to Bring Ouster Proceedings Against J. W. Bolen. A RESOLUTION, requesting and directing the Attorney General of the State of Oklahoma to bring ouster proceedings in the Supreme Court against J. W. Bolen, District Judge of the Seventh Judicial District of the State of Oklahoma. WHEREAS, a committee appointed by the House of Representatives of the Extraordinary Session, beginning the 11th day of October, 1923, and adjourned on the 14th day of January, 1924, for the purpose of inquiring into and investigating the conduct of District Judges of the State of Oklahoma and ther officers, and certain other specified matters, called in and secured the testimony of numerous witnesses touching and affecting officers and matters under investigation, and caused the said testimony to be transcribed and reduced to writing, and the same has been made a part of the records and files of the House of Representatives of the Ninth Legislature; and the said House is now in possession of the said testimony, consisting of both oral and documentary proofs. THAT WHEREAS, the said evidence now in the possession of the said House, together with sworn affidavits furnished to the Attorney General of the State of Oklahoma, indicates that District Judge, J. W. Bolen, is guilty of misconduct in office, incompetency, habitual drunkardness, wilful neglect of duty, and offences involving moral turpitude in the following circumstances, to-wit: 1. That the said J. W. Bolen is an habitual drunkard and has on various occasions presided in the District Court of his and other districts while in an intoxicated condition and that he is the user of narcotic drugs. 2. That the said J. W. Bolen, having purchased certain real estate from one J. W. Walker, and after paying but a small part of the consideration, and having mortgaged said premises during the time the title was in his name, reconveyed said property back to the said J. W. Walker so encumbered, and thereafter a suit was filed to foreclose said mortgage against the said J. W. Bolen and his wife, the Carter Oil Company and Vici Walker and James Walker, the style of the case appearing to be Oscar H. Poahler vs. J. W. Bolen, et al in the District Court of Pontotoc County, and thereafter the said suit was dismissed as to the said J. W. Bolen and wife and judgment was then rendered by the said J. W. Bolen as District Judge, foreclosing said mortgage and ordering the sale of said premises, and that at the time of the foreclosure of judgment the said J. W. Bolen was disqualified to act in said case. 3. On the 25th day of April, 1923, in the case of L. M. Walker, plaintiff, vs. J. M. Bullard, defendant, No. 6102, in the District Court of Pontotoc County, the said J. W. Bolen, as the District Judge, granted a temporary injunction in said cause, enjoining the defend-ant and his agents from selling or in any way encumbering the East half of the S. W. 14 of Section 12, Township 4 North, Range 6 East until the final disposition of the suit or until further order of the Court, and thereafter, on the 4th day of January, 1924, the said J. W. Bolen procured the said defendant, J. M. Bullard and wife to execute to the said J. W. Bolen an oil and gas lease covering the said above described premises for a recited consideration of $1.00 for a term of five years, or as much longer thereafter as oil or gas might be produced from said premises; and thereafter, on the 5th day of January, 1924, the said J. W. Bolen caused said oil and gas lease, so executed by the said J. M. Bullard and wife to him, to be filed in the office of the County Clerk of Pontotoc County, and the same has been duly recorded in book 52 at page 590, and that said act and conduct of the said J. W. Bolen, in procuring, taking and filing and causing to be recorded, the said oil and gas lease was in violation of the temporary injunction theretofore granted by him as such District Judge in said above mentioned case. 4. That in the case of Oklahoma Farm Mortgage Company vs. F. Earl Williams, et al, No. 5613, in the District Court of Pontotoc County, the said J. W. Bolen, without authority of law, acting when the said District Court was not in session, upon the streets of the town of Ada, gave orders and directions to the Sheriff of Pontotoc County on October 22, 1923, to postpone a sale of real estate, foreclosed in said case, until December 22, 1923, and thereafter the plaintiff in said cause was compelled to have an alias of sale in said cause, and said property readvertised for sale and under said readvertising the said property was sold on December 31, 1923, to the said plaintiff, there being no other bidder. Therefore, upon a return of sale by the Sheriff of said County, a motion of the plaintiff for confirmation of said sale, the said J. W. Bolen, as District Judge, on the 14th day of January, 1924, refused to act in said matter and stated that the court would hold the case off and not act on it, in order to give a certain man by the name of John P. McKinley, who was not a party to the suit, an opportunity to buy and pay off the indebtedness, and that the conduct of the said District Judge in said cause was arbitrary and corrupt. 5. Notwithstanding defendants in large numbers of foreclosure cases have been long in default, and in many instances not represented by counsel, said Judge has often refused to render judgment at plaintiff's request, and in many such cases, has informed plaintiff's Attorneys that he would communicate with the defaulting defendants to ascertain why they had made no appearance, or to learn if they were willing that plaintiffs might have judgment; and it has been and is common practice of said Judge, upon applications by plaintiffs for judgment in such default cases, or upon contested cases being reached for trial, to inquire particularly as to the identity and places of residence of the defendants and by whom the lands in question are occupied; and pursuant to his said practice, to direct the Court Clerk to give notice to such defaulting defendants of plaintffs' applications for judgment (notwithstanding such defendants have long since been duly served with summons in such cases). 6. On October 4th, 1923, during the regular October, 1923, term of said Court, Cause No. 5541, Deming Investment Company vs. Charles Hinsaw, et al., which had been regularly set for trial and was included in the printed trial docket for said term for said date, was reached for trial, whereupon said Judge said from the bench, addressing attorneys and litigants, and in the presence of jurors and spectators, "You need not get ready in any foreclosure cases. I won't give judgment in any foreclosure cases. Litigation between children and foreclosures have run me crazy this summer." The court ordered said cause continued. 7. On October 11th, 1923, during the regular October, 1923 term of said Court, while said Judge was presiding therein, and in the presence and hearing of attorneys, litigants, jurors and spectators, said Judge said in substance and effect, "The Loan Companies own this county all right, but I aim to keep them from getting a deed to it as long as I can." 8. Cause No. 5980, Oklahoma Farm Mortgage Company vs. C. M. Floyd, et al, is a foreclosure case that was regularly for trial on October 9th, 1923, and included in the printed trial docket for the October, 1923, term of said Court. The borrower and principal defendants, C. M. Floyd and wife, had no attorney and had been in default since about April 3rd, 1923. On May 28th, 1923, plaintiff asked for default judgment which the Court (the said J. W. Bolen) denied, and said Judge signed a journal entry containing the following: "The Court announces that he promised Uncle Jim Floyd that he, the Court, would hold this cause until fall for him." "Uncle Jim Floyd" is father of the said C. M. Floyd. On October 8th, 1923, before said cause had been reached in its regular order, said Judge ordered it stricken from the assignment and continued, though there was no motion for continuance, and though plaintiff's attorneys objected thereto. On October 9th, 1923, plaintiff's attorneys again requested default judgment against C. M. Floyd and wife, and reminded said Judge of his promise to "Uncle Jim Floyd" in May, 1923, whereupon said Judge informed counsel that "Uncle Jim Floyd" was on the present jury in that Court and said Judge stated that he would take the matter up with "Uncle Jim" and let counsel know. On October 10th, 1923, Mr. Blaine Gilbreath, the Court reporter, stepped to the bench and told said Judge in substance, "Mr. Floyd wants to get this year's crop off the place. He says he never can pay for it but he wants it fixed so he can get this year's crop off the land and then rent it next year," whereupon said Judge said in substance, "Yes, that's so, they owe too much on the land, it is not worth it," and further said "All right to giving Floyd the crops this year and renting the land next year." On said October 10th, 1923, the said court reporter informed plaintiff's attorney that "Uncle Jim Floyd" would talk with him, the |