Omaha daily bee., 1895-10-13
TRANSFER OFF ISH CASES
Question Must First BE Presented to Judge
Scott.
BANG WILL NOT ATT PRESENT INTERFERE
If Criminal Judge O%verruIes Motion
for Chang from His Docket the
Other Judges viii Consider
the Matter.

The entire bench of the district court. with
the exception of Judge Scott, sitting in
banc yesterday in Judge Ferguson's court
room, refused to entertain the motion to
transfer the Ish murder cases from the
docket Of Judge Scott to the docket of some
other judge. The judges held that through
courtesy the motion should first have been
presented to Judge Scott.
This was the decision that the bench
reached after considerable discussion and
consideration. Judge Hopewell said that the
bench would be willing to consider the mo-
ton If it were overruled by Judge Scott. He
also said that while the judges would make
no rulings on the question whether the af-
davits which were offered in support of the
motion were sufficient, they were of the
opinion that they were not.
The decision was an evident surprise to
the attorneys for Ish, by whom the motion
had been filed. One of them at once arose
and said that they had understood that they
were to have been given an opportunity
for arguments and that consequently
they had come into court armed with authori-
ties and af1idavits. They had come prepared,
however, to show by affidavits Judge SCOTS
prejudice against their clients. They had
affidavlts from twenty-five Of the leading
members of the bar, some of whom were on
friendly terms with Judge Scott, which
tended to show Judge SCOTS prejudice
They thought they ought to be heard In an
argumen of facts.
The judges consulted together for a few
minutes and then Judge Hopewell announced
that it was the unanimous opinion OF the
bench that Judge Scott should have been first
advised Of the motion. and application should
have been made to him. He said that the
bench was willing to hear counsel on this
question, but as the judges were convinced
that this method of procedure should have
been followed, they were not willing to
listen to arguments on the question of facts
Incorporated in the afldavits. Moreover, he
said that the judges, after considering the
afidavits, did not think that they had the
power to say whether the rulings mentioned
in the afidavits showed prejudice.
Attorney Ransom said that he had con-
suited with other attorneys and had come to
the conclusion that it was not necessary to
file the motion before Judge Scott. In fact
he understood that in other cases transfers
had been made from Judge Scott's docket
without a motion to that effect being made
before him. Moreover, he thought that If the
motion had been presented to Judge Scott
and he had overruled 1t the only remedy was
an appeal to the supreme court, as the dis
trict judges could not override a ruling made
by one of their associates. Attorney Bradley
III lhc III ~ Sui' 'hoI ~
motion had been filed with the intention of
bringing it before the entire bench, Judge
Scott included. Such being the intent, Judge
Scott was given an opportunity to rule on
the motion.
Judge Hopewell, however, held that 1t
would be unfair for the judges to take a
case from Judge SCOTS docket before a
motion had been filed before him. He said,
though, that the Judges of the district court
had the power to take the case from Judge
Scott If he overruled the motion, provided
a proper showing was made. 1t was true
that the supreme COURT only could override
the rulings of JUDGES of the district bench
on questions of law, but this was not a ques-
ton of that kind. The judges assigned the
dockets for the term and they had the power
Of transferring them. Judge Hopewell
reiterated the statement that the judges
would not consider the motion until it had
been presented to Judge Scott.
In the course of the argumen the attorneys
raised the point that Judge Scott had pre-
emptorily set the Ish case for trial on Mon
day and they asked for a stay on the grounds
that they would not have an opportunity to
present the motion to Scott. The judges,
however, refused to grant a stay. They also
refused to make an order that they refused
to entertain the motion on the grounds that
it had not come up before them properly.
The attorneys at once signifed their in
tention of bringing the motion before Judge
ready filed and others which had since been
obtained. 1t was the intention to bring up
the motion for hearing before Scott in the