The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-03-17
Afternoon Session.
RITZ. AGAIN

40 of the Code of Civil Procedure, being
a special order, was taken up and Sea-
well spoke for it's passage. The measure
relates to changes of Judges in trials,
and is similar to A. B. 273 which was We
toed by Governor Budd, and which
caused all the trouble resulting in the
| Imprisonment of A. NJ. Lawrence and
L. l.. Levings of the Examiner
The bill had been drawn so as to meet
the approval of the Governor, and had
been discussed until it was threadbare
! before SeaWell took the floor
Simpson said that While he had voted
against A. B. 273 he had carefully ex-
amined the one under consideration, and
| found it good one. Acts of similar
nature We're in force in other States and
he proposed to give his vote for it.
Gillette denounced the bill as one of
evolution and submitted that there was
evidently a force brought to bear to Sc
cure it's passage. Attorneys for great
corporations, he said, were urging that
| the measure was an excellent one yet
he had never heard of decisions given
| by any Judge in the State but what
| either met the approval of the people,
or was remedied by the Supreme Court.
The BILL he said, was in the interest Of
those who desired continuance after
continuance in cases they did not wish
! brought to trial. He maintained that the
dignity of courts ought to be upheld and
the measure defeated. He hoped, in the
interest of decency and honesty, the
bill would be defeated.
Bulla, who had voted for A. B. 273,
stated that he had given the matter
much study, and had concluded that, if
passed and the present bill became a
! law, it would do more injury than good,
and he should therefore vote against it.
IT PASSES.
! Wilmington, Dickinson, Pedlar and
/ Wolfe also spoke, and Stratton de-
manded the previous question. The bill
was passed by a vote of % to 12-title
approved.
THE BILL.
! AS finally passed, the bill reads as
! follows; the portions in brackets being
Senate amendments:
| Section 1. Section 40 of the Code of
Civil Procedure is hereby amended SO
as to read as follows:
| Section 40. No Justice, Judge, or
Justice Of the Peace shall sit or act as
such in any action or proceeding:
| /. To which he is a party or in which
| he is interested.
= When he is related to either party,
or to an attorney, counsel, or agent of
either party, by consanguinity or affini-
| ty. within the third degree, computed
according to the rules of law.
| 3. When he has been attorney or
counsel for either party in the action
or proceeding.
| 4. When it appears from the affida-
Wit or affidavits on file that either party
cannot have a fair and impartial trial
| before Ianyl Judge [of a court Of rec
| ord about to try the case by reason of
| the prejudice or bias of such Judge,
J said Judge shall 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 action in the Supe-
rior Court Of a county, or of a city
and county, having more than one de-
| partment, said action shall be trans
| ferred to another department thereof,
| and tried therein in the same manner
as though originally assigned to such
department. The affidavit or affidavits
alleging the disqualification of a Judge,
must be filed and served upon the ad-
verse party or the attorney for such
partyl at least one dayl before the
day set for trial of such action or pro-
ceeding; provided, counter affidavits
may be filed at least lone day thereaf-
| ter or such further time as the court
may extend the time for filing such
counter affidavits, not exceeding five
| days, and for this purpose the court
may continue the trial: and in no one
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 cal
endar, or to the regulation of the order
| of business, nor the power of transfer
ring the action or proceeding to some
other court, or the hearing upon such
| affidavits land counter affidavits.
| Before being transmitted to the Gov
ernor the bill will be returned to the
Assembly for concurrence in the Senate
| amendments
A RESOLUTION.
| Androus offered a resolution, provid-
| ing that as the Assembly still refused
TO consider Senate bills, the Senate re-
fuse to act upon any further Assembly
bills until Senate bills receive the
courtesy Of consideration by the lower
house. The resolution was referred to
the Committee on Rules.
NO RECONSIDERATIO
| Mahoney withdrew his notices of
motions to reconsider the votes where
| by A. BIS 903 and 904, relating to
public highways. and commonly known
as good roads bills" had been passed.
GENERAL APPROPRIATION BILL
| Then the general appropriation bill
| again came up, the question being on
| Withingtons substitute to strike out
i all appropriations for State and Dis
trict Fairs.
| DISTRICT FAIRS.
| Wilmington said if the appropriations
were to be denied. the action ought to
come from the Legislature instead of
| the Governor.
| Jones protested against the adop-
sion of the substitute. Pedlar also
spoke, and the substitute was lost by a
vote of 9 to %
FOR THE STATE FAIR
| The question being on the commit
tee amendment, reducing the appropri-
alton for the State Agricultural Soci-
ETY. from $4,000 to $50, 900, Braunhart
offered a substitute for the amendment,
proposing reduction to $4,000 instead
of $4,000. Lost. The committee
amendment was declared adopted. al
though Doty made strenuous efforts for
division. He effected a partial rem
e0y further on.
Braunhart offered a further amend
| Dr0DOSlnO oil