The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-01
SPECIAL TO THE INTER MOUNTAIN.

SPECIAL TO THE INTER MOUNTAIN.
Helena Dec. I.-Governor Toole read
his message TO the legislature shortly after
noon today in the hall OF the house, the
senators being invited over for the pur-
pose OF hearing it.
The governor was applauded when he
arose to read the message and again when
he completed it.
The reading occupied ID minutes.
The second extra session OF the Eighth
Legislative assembly started at noon
There was a good-sized crowd i'll each
house. The only absentees in the senate
we're Cullen and Kohrs in the house
Allen. Beaudry, Brownee, Burt, Heifcrlin,
Lisbon, Mullins, McCone, Tooley and Will
lians.
After the usual prcliminaries of calling
the roll and prayer, the governors proc
lamation was read in each house
Committees were appointed to notify
the governor that the legislature was ready
for business and then the senate and
house heard the message read.
In the senate notices of bills were given
as follows:
BY Whipple-To amend the law relating
to the disqualification of judges.
By Hoffman-To amend the law relat-
ing to the powers of the supreme court on
appeals
BY Kennedy-For constitutional amend
ment relating to eight-hour day.
By Ralston-Memorial relating to with
drawal of public lands.
In the house, under supension oil the
rules. Landstrum and Axtell introduced
House Bills No. and 4, respectively, tor
constitutional amendment making eight
hours a days work.
Self introduced No. 2 to amend the
law relating to change OF venue IN civil
actions, and Duggan No. 3, to amend the
law relating to the disqualification OF
Judges. .
The only ripple was when John Mac
Ginniss objected to Duggan introducing
his bill. The house, without division, gave
its consent however.
A motion by Lynch of Silver Bow to
appoint committee to employ such clerks
as are necessary was voted down, and ON
motion of King, the speaker was author
lied to sanction the employment Of such
as he may see fit.
The senate adjourned to p. M to-
morrow and the house to 10 a. M
Helena, Dec. I.-Following is the bill
introduced by Representative Duggan IN
the house, one of the fair trial measures:
"A bill for an act entitled, An Act to
amend Section I8o of the Code OF Civil
Procedure relating to the disqualification
of judges.
"Be it enacted by the legislative assem-
bly, of the State of Montana.
"Section I.-That Section Iso of civil
procedure be- and the same is, hereby
amended so as to read as follows:
"Section I8o.--Any justice judge or JUS
tice of the peace must not sit or act as
such in any action or proceeding:
"First-In which he is party or IN
which he is interested.
"Second-When he is related to either
party by consanguinity or affinity, within the
sixth degree computed according to the
rules Of law.
"Third-When he has been attorney or
counsel for either party in the action or
proceedings, or when he rendered or made
the judgment, order or decision appealed
from.
"Fourth-When either party makes and
files an attilavit 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 or prejudice of such judge.
such affidavit may be made by any party to
an action, motion or 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 hearing or trial of any such action,
motion or proceeding. If there be more
than one judge of the district court the
affidavit may state the same cause or
disqualification as to any or all of the
judges thereof Upon filing of the affda-
Wit the judge or judges, as the case may be,
as to whom said disqualification be
averred, shall be without authority to act
further in the action, motion or proceed
ing, but the provisions of this section do
not apply to the arrangement of the calen-
'sJ the regular order of business, nor
;, Tho rowsr Of transferring the action