Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-04
FAIR TRIAL LAW.
Judge Galloway Arraiens Lawyers Tor
Abusing it, Provisions.

Wnlle sitting for Judge WINSTON IN
the Third district court few days ago,
Judge Galloway, of Virginia City, was
confronted by one of those frequent
affidavits charging him with bias and
prejudice In case in which he was
entirely unacQuainted with the plain
tiff or defendant. AS reported in the
Standard, Judge Galloway made some
remarks concerning the growing abuse
of the fair trial law and the prevail
ence of perjury Hereunder. He plac'
ed the responsibility for these abus-
es principally on the bar, and said
that clients usually committed these
perjuries under the direction OF their
attorneys. There are some attorneys
he hoped there were none In Ana.
conda-whO induce their clients TO
make these afffdavits simply as a
matter of convenience. He had In
mind shining example to the con-
trary, former govern or of this state,
who takes high moral and ethical
ground in these matters. This at
torney declares that he will not resort
to this law under any circumstances
unless his client has bona fide right
to disqualify the Judge against whom
the affidavit is directed, and he has
never resorted to it yet. Judge Cal
laway deplored the low moral tone
of the bar in this regard and declared
that the lawyers were bringing the
noble profession of law into public
contempt by their encouragement of
crime which he rated as only less
heinous than treason and murder.
Judge Galloway said in conclusion:
"Of course no one should be COMPEL.
ed to go to trial before biased and
prejudiced Judge, but there should be
a reasonable law on the books per-
hitting one to tlisqualify judge by
giving his reasons therefor. In this
case, as I remarked before, don't
know either of the parties, and neith-
er knows me. Mrs. Schwend might
| just as we'll come in and say that she
thinks she cannot get fair and i'm
partial trial before me because she
thinks l am not an honest man; but
she does not mean anything of the
kind. She simply does not want to
go to trial and has adopted this meth
cd of procuring a continuance by
committing an act of perjury. If she
is Christian, upon a little reflection
she may apprehend finding the here
after warm in spots. The reason
say this is not because I have any
personal feeling in the matter, but
because think the public should I'M
derstand the working of this law;
and not only that. but the bar ought
to understand its responsibility. We
are members of the great profession
that deals with the greatest of all
sciences, that of government. Courts
are a part of the sovereignty, and
the bar is called the right arm OF
the court. If the bar permits these
laws to be treated in this way: if it
permits the administration of justice
to become farcial. and in consequence
thereof the people grow to have no re
spect for courts of justice, what is
to become of all of us? Neither life
nor property will be safe. 1t is a
serious matter and cannot be toe
deeply considered. 1t is incumbent
on the bar to assert it's moral cour'
age and to put stop to this nefar
ious practice. Personally, believe
in enforcing the laws as we find them
on the statute books, but they should
be enforced in a reasonable way; ]
certainly do not believe putting the
law to use which was never intend
ed, and thereby encouraging the prac
tice of wholesale perjury. l think
that the bar can stop it if wants to
Is what the invidous sometimes say
to be proved, that is, that lawyers
will do anything to win their cases:
don't think it is true at all, but il
this practice keeps up, the bar OIL
Montana may be at least open to thai
accusation