The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1903-12-04
Extraordinary Session of the Montana Legis-
lature Preparing to Enact New Laws.
THE GOVERNOR IS NoN-C0MMtTTAL
On the Vital Proposition Which Brought the Representatives
Of the People Together and Makes No Recommendation
AS to Fair Trial Law

Helena. Dec. 2.-The first day of
ne extraordinary session OF the leg
is(ature was marked by the reading
sf the governors message and the
Introduction of four bills in the
house. Nearly all the members were
present and the officers and clerks
81 the previous session.
President pro TEN Murray called
the senate to order and in the house
Speaker White held the gavel.
Bills were introduced relating to
the eight hour law and change of
venue, the latter being introduced by
Duggan.
Following is the full text of the
governors medssage:
Executive office. Helena. Mont. De-
cember /, 1903.
70 the Senate and House of Repre-
sentatives of the Eighth Legislat-
i've Assembly in Extraordinary Ses-
sion:
The purposes for which and the
circumstances under which you are
assembled are set forth in the pro-
olamation convening you in extraor-
binary session.
Much stress has been laid upon
what is claimed to be an lmperfec-
tiOn of our laws i'm this, that no pro-
vision is made for disqualifying a dis
trict Judge where bias or prejudice
is shown.
This omission was sought to be
corrected at the Seventh legislative
session by the passage of a bill
which. for reasons then stated, was
vetoed.
At the Eighth regular session the
subject again received the attention
of the Legislature, and a BILL con-
structed on different lines but de-
signed to accomplish the same result
was passed. but it was found upon
test case that it contravened the
constitution in several respects, and
for these reasons failed to become
operative.
I am not advised. except in gen
eral way. as to what will be proposed
in that behalf at this session. nor am
I. in view of the objections hereto
fore urged and sustained. prepared
to make any recommendations con-
cerning the same. If your knowledge
OF the fundamental law and the ext
gencies OF the hour fail to point the
way. I must assume that those who.
by petitions and otherwise, have been
insistent upon calling you Together
will find and formulate an adequate
remedy. but whatever form it takes.
it must be remembered that you are
legislating for the future and col the
whole state, and that your task is
not without difficulties. whether con-
sidered with reference to cOnstitu-
tional restraints. public policy or
practical utility.
If a change of Judge be suggested
it must not be forgotten that the
supreme court. according to its de-
cisOn in Ryan VS.. Weston cannot
make the appointment for the reason
that it is outside of it's constitution
al powers.
It would also seem clear under the
decision referred to, that wherever
the power of appointment is lodged
no limitation can be imposed by
legislation which would exclude the
right to appoint any Judge. notwith-
standing he might reside within the
same district as the disqualified
Judge.
The situation. therefore. calls for
the exercise or cOnSummate Sklll ana
iudTmert on your part.
1t is therefore. incumbent rpon
you to see to it that every paragraph.
provision and page of any measure
proposed along these lines are so
plain and palpable as to avoid the
suggestion or suspicion of being dis
ingenious. assembling or deceptive,
thus avoiding. if possible. the neces-
sity of judicial construction in case
of it's final passage.
While isolated and individual cases
may serve to show the defect, if
any, of existing laws and the neces-
sity for corrective legislation, we
should be mindful of the fact that
an eye single to our duty to the state
makes it imperative that we avoid
even the semblance of partisanship
or special legislation which are for
'1nn alike by public policy and
the constitution.
Concerning the second proposition
mentioned in the proclamation. to-
wit: The power of the supreme
court to review the evidence on ap-
peal in equity cases. it would seem to
ne that if provision is made which.
in the opinion of the legislature. is
decinned to make more certain a fair
trial before a fair judge. the reason
for a review Of the evidence by the
supreme court in equity cases has
largely failed.