The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-08

The session of the house was devoid OF
all sensational features this morning,
everything of Importance going over until
next week. There was quorum present,
but the disposition seemed to prevail
that an adjournment Gas the proper
thing. especially as a number of members
desired to go home to spend Sunday.
After the usual Introduction of bills, the
house as a committee of the whole took
up house bill 70. recommending that the
same pass The bill was called up for
the third reading and final passage. pass
ing the house. Thep rovisions of the bill
are as follows:
Section l. That section q of article !.
chapter Il, of the Statutes of oklahoma
of 1895 be amended TO read as follows:
Sec. q. Any criminal cause pending in
the district court may, at any time before
the trial is begun, on the application of
the defendant be removed from the coun-
ty in which it is pending TO some other
county in said judicial district, whenever
it shall appear in the manner hereinaf-
ter provided that the minds of the in
Eabitants of the county in which the
cause is pending are SO prejudiced
against the defendant that a fair and
impartial trial cannot be had therein.
Such order of removal may be made on
the application of the defendant by pc
tition, setting forth the facts verified by
affidavit. if a reasonable notice of the
application be given to the county at
torney ard the truth of allegations in
such petition be supported by the affi-
davits of at least three credible persons
VINO reside in said county. The county
attorney may introduce counter affidav-
its to shew that the persons making
affidavits in support of the application
are not credible persons and that the
change is not necessary, and to examine
the witnesses in support of said appli-
alton in open court in regard to the
truth Of said application, and if it be
made to appear by the affidavits and eX-
animation of witnesses that a fair and
impartial trial cannot be had in the
county a change may be granted and
the order made by the court. When there
are several defendants in any indict-
ment or criminal prosecution, and the
cause of the removal exists only as to
one or more OF them. the other defend
had against them in the county in which
the case is pending. in all respects as if
no order of removal had been made as
to any defendant. II it be shown TO the
court by the affidavit of the accused that
he cannot have fair and impartial trial
by reason Of the bias and prejudice of
the presiding judge. or that the Judge
has been counsel in said cause or is kin
to either party TO the action. or is inter-
ested. change Of judge shall be or
dered. and The clerk of the district CO
shan Immediately transmit TO the clerk
of the supreme court of the territory 4
certified COPY Of the order granting the
change OF judge. and the clerk of the
supreme court shall. if the court be in
session, Immediately present the same TO
the court. and II said court be not in ses-
sion. then he shall At once deliver the
same 70 the chief justice OF ths territory
and thc supreme court OF tn territory. or
the chief justice thereof as the case
nay be. may designate any other district
judge OF the territory 70 Try the cause.
Provided. That no more than one change
from the county. and one change from
the judge shall be allowed in any case.
Immediately after the passage OF
James bill. No. - Williams Of Pawnee
moved TO adjourn natil O'Clock Mon
day. Francis immediately jumped TO his
feet saying: Il want 70 amend that mo-
tion and have q committee appointed TO
see the railroad men and stop the using
OF passes until this houss does some busi-
ness Some OF the members wan, 10
rida on the railroads wEen there Is s-.sI-
ness here TO attend 10. There has been
too much Of this travelling ana I an
against the notion.
The motion 70 adjourn carried. and the
gentleman from Roger Mills afterwards
confessed that he possessed several rsil>
road passes.