The San Francisco call., 1897-03-17
Senate Reconsiders Former
Action on Bridgford's
Measure.
Heated Discussion Precipitated
on the Floor of the Upper
House.
Twenty Six NJ NIB rs Vote AYE,
While TIVE We Are Opposed to
the Substitu e.

SACRAMENTO, CAL, March 16.-An-
other long and heated discussion was pre-
cipitated in the S nate this afternoon on
Bridgford's Assembly bill 977. the substi-
tute for the Caminetti bill 273. 1t had
once been refused passage by the Senats,
but it was decided to give it reconsidera-
ton, and yesterday it was amended and
made a special order for o'clock to-day.
Ths section of the measure which has
caused more de bate and more real sensa-
tions than any bill before the present
session of the Legislature now reads as
follows:
When it appears from the affidavit or afi-
davits on file that either party cannot nave
lair and impartial trial before anv Judge OF
court OF record about 10 try the case
by reason OF the prejudice or bias OF such
Judge, said Judge SHAH forthwith secure the
services of some other Judge, of the same or
another county, TO preSide at the trial OF SAID
action or proceeding; provided, that in an &C.
lion in the Superior Court OF Il county, or OF a
city and county, having more than one depart
ment, said action shall be transferred 10 an
other department thereof, and tried therein
in the same manner as though originally as
signed 10 such department. The affl-
davit or afidavits alleging the disquai-
fication of Judge must be filed and served
upon the adverse party or the attorney for
such party at least one day before the day set
for trial of such action proceeding; pro-
vided counter affidavits may be filed at least
one day thereafter or such further time as the
court may extend the time for filing such
counter at1davits, not exceeding nve DAYS,
and for this purpose the court may continue
the trial, ana IN no cause or proceeding can
more than one such change of Judges be had.
But the provisions OF this section shall not
apply to the arrangement OF the calendar, or
10 the regulation of tie order OF business, nor
the power CT transferring the action or pro-
ceeding to some other court, or the hearing
upon such stiidavits and counter afidavits.
Senator Seawell opened the debate by
saying:
This bill has been the subject of much
feeling and contention. If l did not be-
leve that this was the best bill for the
purpose sought to be accomplished,
would not urge it upon the Senate"
The privilege of peremptorily challeng-
ing jurors was referred to, and the speaker
said that a similar right should exist in
reference to the Judge OF the court, whose
powers were far superior to those OF any
one juror or an entire body of Jurors. He
discussed the amended bill at length and
exhoTted the Senate to pass the measure.
Senator Simpson adverted TO his oppo-
sition TO the now notorious Assembly oill
No. 27S, and stated that he objected to
that measure because he thought II needed
amendment. The bill now presented, he
said, met with his approval and he in.
LenQeQ 10 vote 1Or II.
Senator Gillette opposed the bill as un-
necessary, and as teing a "slap" at the
entire judiciary Of the State.
Senator Bulia, who voted for No. 273,
said he believed that the evils under the
proposed new and amended bill would be
greater than the evils which the bill
sought to remedy, and that he would vote
against the measure.
Senator Wilmington spoke in favor of
the bill.
Senator Dickinson said he voted against
273 because there was no limit to the
number of times change OF venue could
be taken under it. He believed the
amended bill was i'll favor OF a just and
fair litigation.
Senator Pedlar spoke strongly in favor of
the measure declaring that he did not con-
slider it right for any one TO vote for law
simply because corporation or wealthy
individual might incidentally be bene-
flied thereby.
Senator Wolfe supported the bill, and
on Stratton dem anding the previous Ques-
ton, the roll was called and resulted in
the passage of the measure by vote of
26 ayes to II noes, as follows:
Androus, Beard, Bert. Boyce. Chapman,
Dickinson. Doty. Feeney, Franck, GIeaves,
Hail. II nderson, Langlord, Linder, Mahoney,
Pedlar, Prisk, SeawelI, Shine, ShIppee, sim p
son, Smith. Toner, VOORHEES,, Wilmington,
Aram, Braunhart, Bulla, Dwyer, Flint, Gil
lette, Holloway, Jones' La Rue, Luchsinger
Stratton, Trout-total, II noes.
Denison refrained from voting, and
Morehouse was absent in San Francisco
to represent the Senate in the contempt
matter before the Supreme Court.
The bill now goes 10 the Assembly fol
concurrence in the amend ments made b
the Senate. 1t is understood that th'
amendments will be promptly approved
and then sent to the Governor, who Ii o.