The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-12-04
In the House.

In the House.
There were few %absentees when the
house met this morning, the under
standing being the committee on judi
ciary would make a report, and there
was much interest in it. The commit
tee did not formally agree upon it's
report until just before the house met.
Wednesday evening when the commit
lee adjourned, there was an ever divis-
ion on one bill, but this morning there
was a change.
After the rollcall and prayer by
Chaplain Raleigh, Self, chairman OF
the judiciary committee, presented his
report on two bills. The first report
acted upon was that on the Duggan
disqualification of judge bill, the re-
port, which vas signed by Self, Staple
ton, Faust, Everett, Vagg and McCone,
recommended a substitute for the orig
inal bill.
The substitute differs from the orig
inal only in the fourth paragraph. The
substituted paragraph reads: when
either party makes and files an aft
davit as hereinafter provided, that he
has reason to believe, and does be-
lieve, he cannot have a fair and impair
tial hearing or trial before a district
judge by reason of bias Or prejudice OF
such judge, such affidavit may be made
by any party to an action, motion or
proceeding, personally or by his attor-
ney or agent, and shall be filed with
the clerk before the day appointed or
fixed for the hearing or trial of any
such action, motion or proceeding. Up
on the filing of the affidavit the judge
al to whom said disqualification is
averred shall be without authority to
act further in the action, motion or
proceeding, but the provisions OF this
section do not apply to the arrange
ment of the calendar, the regulation OF
the order of business, power OF trans
ferring the action Or proceeding to
some other court, nor to the power OF
calling in another Judge to sit and act
in such action or proceeding. No more
than two judges from districts other
than that in which the action or pro-
ceeding was commenced can be dis
qualified for bias or prejudice, in said
action or proceeding, at the instance OF
the plaintiff, and no more than two at
the instance of the defendant in said
action or proceeding, and this limita-
ton shall apply to any parties or per-
sons in interest who may be plaintiffs
or defendants, in such action or pro-
ceeding."
Without debate the substitute was
referred to the printing committee.
Two Reports on Self Bill.
There were two reports on the Self
change of place of trial bill. The ma
jority reported a substitute, the change
from the original being in the fourth
paragraph, which will read: when
from any cause the judge is disquali-
fed from acting; but in case the par
ties shall agree in writing upon anoth-
er district Judge, or upon a member of
the bar as judge pro tempore, as pro-
vided for by the constitution; or if any
qualified district Judge shall be called
in and shall within 30 days after the
motion is made, appear and assume
jurisdiction of the cause and of all
matters and proceedings thereon, no
change in the place of trial shall be
made. If such judge shall so appear
he shall be vested with, and shall ex-
ercise, in said cause, all the authority
of the judge of the district in which
said action or proceedings shall be
pending"
The minority report by Dempster
was the Insertion in the above in the
eighth line after the word 'in," the
words "by the Judge of the court in
which the action is pending"
Nc Discussion on Report.
After the reports had. been read
Dempster moved the adoption OF the
minority report. Self, as a substitute,
s moved the adoption of the majority
report.
Dempster wanted to know if the mat