The San Francisco call., 1897-04-02
THE EXAMINERS
FALSE ALARM
Similar Assembly Bills
Show the Rascality of
It's Attacks.
MILL E:.L4i Qna Aaotha-
While Fighting One Another
Was Rushed Through in the
=. Excitement.
Mere Fects in Connection With the
Caminetti Bill and the Gav.
erncr'S Veto.

almost if not quite Identical with Assem-
bly, bill No. 273, introduced by Assem- bly,
man Caminetti, about which the Exam
iner attempted to create storm OF indig
nation. The same principle runs through
both bills, viz:
That litigant is entitled to trial be-
fore fair and i'm partial Judge.
The Examiner assailed Assembly bill
2T5 as vicious measure and repeatedly
denominated it as an infamous BILL" 1t
has paraded the unsupported assertion
that Governor Budd vetoed it because il
was vicious and Infamous, when as q
matter OF fect in his message refusing his
approval thereto he makes use OF the fol-
lowing language:
Acts which provide for the Disqualified
ton OF prejudiced or biased Judge are in
operation in other States, and any proper
legislation which will relieve a litigant
from the necessity of having his case tried
before Judge who is biased or prejudiced
against him, or who has liked opinion
on the case, is desirable and praise
worthy"
The Cove rnor's reasons for his veto are
based Oh objections he sets forth in mis-
message, sucn as that it was not definite
TO the time OF fling, nor did / { provide for
counter atidavits. Alter comforting with
the author (Mr. CaminettD and other
mem bers il was concluded, says the Gov
ernor in his message, that new bill
could be pas ed which would be free from
the objections to which 273 was open and
which would at the same time permit
litigant to legally object to preiudiced
ana biased judge.
The Bridgford bill was introduced Feb
ruary 26, long before 2T3 was sent TO the
Governor. The amendments suggested
by the Governor were made, and the
BriGgford bill passed tie House and Sem
lner was trying 10 create. 1t went 10 the
Governor IN due time, and, as stated
above, IN accordance with his message,
has received mis- approval. -. -
So that comparisons may be made, and
the unfounded statements CT the Exam
ineT, that 275 was vicious and infamous,
may be exposed as deliberate falsehoods
both 2I3 and 977 are given as follows.
Assembly bill 273. introduced by Mr.. Can't
netti-An act to amend section 17O OF the
Code OF Civil Procedure.
The people OF the State of Calffornia, rep-
resented in Senate and Assembly, do enact as
follows:
section 10 OF the Code OF Civil Procedure
is hereby amended so TO read ss follows: ::
170-No Justice. Judge or Justice of the
Peace shall sit or act as such in any action or
proceeding 10 which he is party or il which
he is interested.
>. When he is related to either party or to
an attorney, counsel, or agent OF either party
By consanguinity or affinity within the third
degree, computed according TO The rules of
law.
g. When he has been attorney or counsel for
either party in the action or proceeding.
4. When it appears from the affidavit OF
either party that he has reason 10 believe and
does believe, that he carnot have fair and
impartial trial before the jus tice or Judge
about 10 try the case, By reason of the pre- ju-
dice CT bias OF such justice or judge, IN either
OF which cases said justice or Judge shall forth
with secure the services OF some other Justice
or judge OF the same or an adjoining county
10 preside at the trial Of said action; provided
that In actions n the Superior Court OF coun-
ties and cities and counties having more than
one department said action shall be trans
fetred to another department thereof and
tried therein IN the same manner as though
nally assigned to such depar tment
But the provisions of this section shall not
apply 10 the arrangement CT the calendar, or
to regulation OF the order of business nor the
power OF transferring the action or proceeding
10 some other court
Section .. This act snail take effect imme-
diately.
Assembly bill 977, introduced by Bridg-
ford:
An act to amend section 17o OF the Code of
The people of the state of California, repre-
sented in Senate and Assembly, do enact as
follows:
Section l. Section 10 of the Code Of Civil
Procedure is hereby amended so es to read al
follows:
40. No Justice. Judge or Justice OF the
Peace shau slt or act as such IN any action or
proceeding:
l. To which he is party and in which he is
Interested
2. When he is related to either party or 10
any attorney, counsel or agent OF either party,
by consanguintty or affinity, within the third
degree, computed according to the rules of
law.
g. When he has been attorney or counsel for
either party in the action or proceeding
4. Wnen it appears from the affidavit or afi-
davits on file that :either party cannot have 3
lair and imperial trial before any Judge of g
court of record about 10 try the case By reason
OF the prejudice or bias of such Judge said
Judge shall forthwith secure the services of
some other Judge, OF the same or another
county, 10 preside at the trial OF said action or
proceeding: provided, that in an action in the
superior Court OF county, or of city and
county, having more than one department
sald action shall be transferred 10 another de-
partment thereof, and tried therein in the same
manner as though originally assigned to such
department Inc affidavit or aifidayits slleg-
ing the disqualification OF Judge must be
hled and served upon the adverse party or
the attorney Tor such party, at least one day
before the day set for. trial of such action or
proceeding; provided, counter afiidavIts NAV
be filed ct least one day theres fter or sueh
IuFtner time as the court my extend the time
Tor ming such couGter affidayits, not exceeding
hVe days. and Tor this purpose the court NAV
contfn ue :he trial, aud in no one cause or prl-
ceedlng ca an-more than one change of Judges
be had But the provisions of this section
shaL. not apply 10 the arrangement of the cal
endar or TO The regulation OF the order OF bust
ness. nor the power ot transferring the action
or proceeding TO some other court or the hear
ing upon such afidaYiIs and counter afida-
Wis.
The change in the original section in
both bills is made by inserting subdivision
the balance is the existing law.
The Examiners attempt to denounce
273 as measure intended to..affect pend
ing litigation between the Hale & Nor
cross Company and Alvinza HAYWARD. if
made in good faith, should have called
from the Examiner like denunciation of
Assembly bill 700, introduced in
the Assembly a short while pre-
vious 10 the first attack made bv the
Examiner on 273, as that bll covers the
Hale d Norcross suit On the part of the
Hale & Norcross Company and was
nursed By William T.. Baggett, as at
torney for the company, while the bill
was pending in the Assembly up TO the
expose Of il made by Assem- blyman Dib-
bic of San Francisco.
The following is copy of The bill:
Assembly bill No. 700, introduced by Mr..
Waymire, February 2, 1897. Referred 10 Com
mittee on Revision OF Codes and Statutes
An act to amend section 53 of the Code of
Civil Procedure OF the State of California.
The people of the State OF California, repre-