The Butte inter mountain., 1903-02-21
THE FAIR TRIAL BILL
Complete Text of the
Measure as Passed
Last Night.


action or proceeding pending in any district
court OF the state has reason or cause to
believe that such party cannot obtain
fair and impartial trial or determination
OF such action or proceeding, or OF any
motion or application therein made. by
reason of the bias or prejudice, arising
from any cause, OF the district judge pre-
siding in the court, or any department
thereof where such action, proceeding,
motion or application is pending or where
such judge so presiding is, from any other
cause, disqualified from acting therein,
such party or his attorney may first request
the judge of the district court wherein
such action proceeding, motion or applca-
tion is pending, to sign petition addressed
10, and asking, the supreme court, without
stating grounds therefor to designate and
appoint a Judge of some other judicial
district Of this state TO hear, try and deter
mine such action, proceeding motion or
application, and II such petition be signed
by the district judge to whom the same
is presented, the supreme court shall on
presentation thereof make an order desig-
mating and appointing the judge OF some
other judicial district of this state to hear,
Try and determine such action, proceeding,
motion or application as i'm this act pro-
vidcd; but il the district judge to whom
such petition is presented refuse, or for a
period OF three days fails to sign said petit
ton. the party on whose behalf the same IS
presented may, by a petition verified by the
affidavit OF petitioner OF his agent or attor-
ney setting forth such bias or prejudice or
facts upon which the same is based, and
other grounds OF disqualification and the
failure or refusal of the judge of the dis
trict court or department thereof wherein
such action, procecdngssnotion or applica-
tion is pending, to sign a petition tor the
appointment of another judge as herein
ABOVE provided, petition the supreme court
or the justices thereof, to designate and
appoint district judge OF some other
judicial district OF this Rate, to act III such
cause ; and the supreme court. or any two
justices thereof may, upon summary
hearing OF such petition III court or chah-
bcrs. with any further showing which may
be by the court or justices deemed proper,
make an order designating and appointing
the Judge OF any judicial district OF this
state other than that in which such action,
proceeding, motion or application IS pend
ing to appear in the district in which SUCH
action, proceeding. motion or application IS
pending, at some proper and convenient
time, and preside at the trial OF such
action, or other matter mentioned III the
order. and 10 determine the same. and 10
do any and all judicial acts necessary.
proper and lawful in and about the adjudi-
cation and determination thereof, and III
and about administering proper reliet
therein with the same force and effect as II
done or ordered by the judge OF the district
wherein such matter is pending.
Sec. g. Upon such order being made
and filed in the action or proceeding
therein mentioned the judge or judges OF
the district court wherein such action oi
proceeding is pending shall not proceed
further I'm such action or proceeding or
try to decide the same, nor do any other
judicial act therein except upon consent
OF the parties thereto or their attorneys
in writing.
Sec. 4. The district judge designated
aud appointed in the order OF the supreme,
court in the cases III this act provided
shall have full power and authority TO
preside at the trial OF and to try 10 decide
such action, proceeding motion or appli-
cation mentioned in such order and TO
do all acts and things lawful and proper
10 be done, in court or at chambers III
and about the trial. adjudication. decision
and granting and administering all proper
and lawful remedies and relief and en-
forcing the same in said action, proceed
ing motion or application mentioned III
such order Of the supreme court as could
be done by judge OF the judicial district
wherein such action, proceeding, motion
or application is pending; and upon re-
Ceiving a copy of such order OF the SUI
prome court it shall be the duty of the
district judge therein designated and ap-
pointed to appear at the county seat OF
| the county in which such action. proceed
| ing, motion or application is pending, at
some proper and convenient time. and try
| the same, but if from any cause he should
| fail to do so, the supreme court may by
its order designate another district judge
10 do the same, who shall be vested with
like powers in such action proceeding
motion or application; provided. that
neither party shall petition the supreme
court more than once in the same action
or proceeding to designate and appoint
| another judge TO act therein under the
| provisions OF this act. except in cases
where the district judge previously ap
pointed there has failed from any cause
SO to do.
Sec. 4. district judge designated
and appointed to hold court in another
district pursuant to the provisions OF this
act shall be paid his actual expenses, t'
be allowed by the state board OF examin
ers and paid in the same manner as hi
regular salary.
See s. This act shall be in full fore
and effect from and after its passage an'
| apprOyal"