The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-05
In the Senate.

SPECIAL TO TIE INTER MOUNTAIN.
Helena. Dec. 5.-The only business in
the senate was the report of the judiciary
committee on Senate Bills i, and 3. The
first is the Hoffman bill providing for the
review OF facts on appeal i'll civil cases,
the others are the Maddox Fair Trial bill,
one Of these bills and relative TO the
change OF venue is the same as that now
before the house. The other. relating to
the disqualification of judges differs in the
fourth paragraph, which is as follows:
"4-When either party makes and files
an affidavit, as hereinafter provided that
he has reason to believe, and does believe,
he cannot have fair and impartial hear
ing or trial before district Judge by rea-
son of the bias and prejudice of such
judge, such affidavit may be made by any
party to an action, or special proceeding,
personally or by his attorney or agent, and
shall be filed with the clerk OF the district
court in which the same may be pending.
at any time before the day appointed or
fixed for the hearing or trial OF any such
action or proceeding. Upon the filing Of
the affidavit, the judge, as TO whom such
disqualification is averred, shall be with
out authority to act in the action or pro-
ceeding, except as to the arrangement Of
the calendar and regulating the order of
business, but It shall be the duty of such
district judge within five days after the
filing of such affidavit 80 designate an
other district judge 10 appear and assume
jurisdiction of said action or proceeding.
The name of the judge SO designated shall
be forthwith entered in the minutes of the
court. If within ten days thereafter the
judge so designated does not appear or
notify the clerk of his intention to pre-
side in such cause, it shall be the duty Of
the clerk of the court wherein such cause
is pending to forthwith certify to the gov
ernor the fact of the designation or ap-
pointment Of such judge and of his failure
to appear, and thereupon it shall be the
duty of the governor to request such dis
trict judge to appear and assume jurisdic-
tion OF such action or proceeding. Such
judge, whether appearing upon the request
OF the district judge or the governor, shall
be vested with and shall exercise in said
cause, all the authority Of the judge OF the
district in which such action or proceed
ing may be pending. In case the parties
shall agree in writing upon another district
judge or upon a member of the bar as
judge pro tempore, as provided for by the
constitution, the judge of the district court
before whom such action or proceeding is
pending shall request the attendance of the
judge or member of the bar agreed upon.
Not more than two district judges outside
of the district in which the action or pro-
ceeding is pending can be disqualified for
bias or prejudice in said action or pro-
ceeding at the instance of either the plant
if or defendant, and this limitation shall
apply, however, many parties or persons in
interest may be plaintiffs or defendants in
such action or proceeding. Where an afi-
davt is filed disqualifying the judge, as
hereinbefore provided after the action is
set for trial or hearing, the party filing
the same shall pay to the opposite party all
costs necessarily incurred in securing the
attendance of witnesses between the date
the order was made fixing the day of hear
ing or trial and the time the affidavit was
fled and such costs SO paid shall not be
recoverable in the action or proceeding"