The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-05
Battle in the House.

SPECIAL 70 THE INTER MOUNTAIN.
Helena, Dec 5.-The first business in
the house today was the introduction OF
a bill by Self appropriating $4,000 to pay
the salary OF the clerk OF state snperin-
tendent of public instruction for two
years. 1t was referred to the committee
on education.
Shannon then introduced his bill to pro-
vide for the operation OF mining properties
when closed by injunction. When
the clerk had finished reading the
bin Speaker White said he was compelled
to rule the bill out of order, as it was not
within the limits of the call for the extra
session on the subjects mentioned by the
governor in his message. Shannon ap-
pealed from the decision of the chair.
Without debate the appeal was sustained
on rising vote by 80 to 10.
Committee of the Whole.
The house went into committee OF the
whole, Swindlehurst in the chair. House
bill, No. 3, relating TO disqualification of
Judges, was taken up first. Everett pro-
posed an amendment which provided that
mo more than five judges can be DIS
qualified for bias or prejudice at the IN
stance OF either side. The bill provided
that mo more than two judges from dis
tricts other than in which the action or
proceeding was commenced can be dis
qualified for bias or prejudice at the III
stance of either side.
MacGinniss proposed an amendment to
the amendment which differed from the
Everett proposition by limiting to two the
number OF judges to be disqualified, which
would have the effect OF still making one
judge in Silver Bow county eligible. Mac
Ginniss was armed with a lot OF documents
and proceeded to talk on his amendment
He said the present statutes OF Montana
provided an adequate remedy. Speaking
of the number of judges permitted to be
DISQUALIFIED he asserted that in the county
to which this legislation was directed more
particularly affdavits could be procured
for a small sum. which would impugn the
honesty of the highest court i'll the state
The MacGinniss amendment was defeated
Word Opposed.
Word OF Lewis and Clarke opposed the
Everett amendment. He thought two
judges enough to be disqualified. Duggan
also thought the bill made ample provis-
ion for fair trials. after thorough
fumigation of Departments and in
Silver Bow county, things will move along
all right said he.
INGICll lHSI SpphC lbi iiS dlhSihileiiL
which he said, gave both sides to legal
fight equal rights. As the bill was re-
ported it was not Fair Trial bill 1t
assumed that three judges were rascals to
start with. 1t gave one party the right
to disqualify three judges to start WITH
and then gave that party the same rights
as the other party outside the district
where the action was begun. His amend
ment proposed to give each side five chal-
lenges of judges, regardless of what dis
tricts the judges might be in.
Duggan withdrew his objection to the
Everett amendment and it was adopted.
MacGinnss then proposed another
amendment providing for counter alfida-
Wits and the taking of testimony in dis
qualification proceedings, also that the
district judge who is disqualified shall call
in another, who must respond at once. The
amendment limited the number OF disquali-
tications to five. MacGinnss was pro-
ccedng to discuss his amendment when
Johnson interrupted with a motion that
the committee arise and report progress.
Though it was noon, and most of the men,
bers had right to be hungry, the motion
was lost by "a to 2o and MacGinniss went
on with his talk.
His remarks were directed principally
to the counter affidavit proposition which
he thought fair.
Connor thought with hghminded, hon
orable judge, the mere allegation of bias
ought to cause him to refuse to try a case.
With afidavts and counter afidavits he
would be put in an embarrassing position.
MacGinnss said it might be as we'll to
get down to brass tracks. In the county
of Silver Bow they were living close to
nature and the Alphonse- CASTOR act would
not work very we'll.
Connor said it would work II the judges
we're highminded and honorable men.
Lynch of Silver Bow said the Everett