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March 11, 1871.
Hon. B. J. Waters,
Fort Scott, Kansas.
Sir:
I have considered your application for leave of absence, and the letter of Chief Justice Palen, to which you refer
I am of opinion that the alleged occasion of your absence from the Territory is altogether insufficient. It is not, in my judgment, a suitable employment for a judge to labor at a distance
from the scene of his judicial functions for the displacement of another man from office. Every fact relating to the office in which you have taken such an interest, could have been stated in writing—and your personal presence here was altogether unnecessary, even if the objects which you had in view were good. On every account it is desirable that the territorial judges should spend their time in their territories.
Very respectfully,
A. T. Akerman,
Attorney General.
concerning leave of absence