Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-03-18
FAIR TRIAL LAW.
Provisions Of the Measure Guarantee
ing an Unbiased Judge to Litigants.


riot judge to temporarily hold court
in another district than his own, and
to perform the official duties Of the
district Judge Of such district where
such judge is biased of prejudiced OF
for any cause disqualified from per.
forming the same.
Be it enacted by the legislative as.
sembly Of the state of Montana:
Section l. When a party to q civil
action or proceeding pending in any
district court Of the state has reason
or cause to believe that such party
cannot obtain a fair and impartial
trial or determination OF such action
or proceeding, or of any motion or ap-
plication therein made by reason of
the bias or prejudice. arising from any
cause of any district Judge presiding
in the court, or any department there
Of where such action or proceeding,
motion or application is pending. or
where such Judge so presiding is, from
any cause disqualified from acting
therein, such party or attorney may
first request the Judge of the district
court wherein such action, proceed.
ing, motion or application is pending,
to sign a petition addressed to and
asking the supreme court, without
stating grounds therefor, to designate
and appoint a judge of some other ju-
dicial district OF this state to hear,
try and determine such action, pro-
ceeding, motion or application, and il
such petition be signed by the dist
riot Judge to whom the same is pre-
scented, the supreme court shall on
the presentation thereof make an or
der designating and appointing the
judge of some other judicial district
of this state to hear, try and deter
mine such action, proceeding, motion
or application as in this act provided;
but If the district judge to whom such
petition is presented refuses, or for a
period of three days fails, to sign said
petition, the party on whose behalf
the same is presented may, by a Pc
tition verified by the afLdavit of pc
t~itioner or his agent or attorney set
ting forth such bias and prejudice of
other grounds of disqualification and
the fact upon which the same is bas-
ed, and the failure or refusal Of the
Judge of the district court or depart
ment thereof wherein sue action, pro-
ceeding, motion or application is pend
ing to sign a petition for the appoint
ment of another Judge as hereinabove
provided, petition the supreme court
or the justices thereof, to designate
and appoint a district Judge Of some
other judicial district Of this state to
act in such cause; and the supreme
court or any two justices thereof may
upon a summary hearing Of such Pc
tition in court or chambers, with any
further showing which may be by
the court or justices deemed proper,
make an order designating and ap-
pointing the Judge of any judicial dist
riot of this state other than that in
which such action, proceeding, mo.
ton or application is pending, al some
proper and convenient time and pre-.
side at the trial of such action or 9TH
er matter mentioned in the order. and
to determine the same, and to do any
and all judicial acts necessary. proper
and lawful in and about the adjrdica-
ton and determination thereof. and
in and about administering proper re-
lief therein with the same force and
effect as IL done or ordered BY the
Judge of the district wherein such
matter is pending.
Sec. 2. Upon such order being
made and filed in the actin or Pro-
ceeding therein mentioned, the Judge
or Judges of the district court where
in such action or proceeding is pend
ing shall not proceed further in 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. 8. The district Judge designat,
ed or appointed in the order OF the SUI
preme court in the cases in this act
provided shall have full power and
authority to preside at the trial OF
and to try and decide such action, pro-
ceeding, motion or application men
toned in such order and to do all acts
and things lawful and proper to be
done in court or at chambers, in and
about the trial, adjudication, decision
and granting and administering all
power and lawful remedies and re
lief and enforcing the same in said
action, proceeding. motion or applica
ton mentioned in such order OF the
supreme court as could be done by a
Judge of the judicial district wherein
such action, proceeding, motion or ap
plication is pending; and upon re
ceiving a copy of such order of the su
preme court 1t shall be the duty OF thu
district Judge therein designated ant
appointed, to appear at the count!
seat of the county in which such &C