Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-05-24
DISQUALIFICATION
Of JUDGES LIMITED
BY FLORIDA HOUSE

!
prevent more than one trial judge
being disqualified in this state on
unproven charges by the defense
that he is prejudiced. Action on the
bill was precipitated by the dis
qualification of Judge Mallory
Horne from presiding In the case of
Walter Higginbotham, charged with
the murder of Martin Tabert, of
North Dakota.
The present statutes under which
the defendant can automatically dis
qualify the trial judge upon presen-
tation of two affidaVits that he is
prejudiced have been the subject of
protest from circuit judges for sew
eral months, and at a conference
here several months ago they recon.
mended that it be changed. The
governor joined with them, on the
ground that the statute was fire.
quently resorted to for the mere pur-
pose Of delaying trial.
The bill passed Monday would
leave the provisions as they stand
now in regard to the first judge
but after that the assigned magis-
trate would determine whether he
is really prejudiced and if he con-
cludes that he is not he would spread
such judgment On the minutes of
the court. They could be made the
subject of a writ of error by the de-
Tense to the supreme court.
Cites HigginbOtham Case
Representative Stuart, who offered
the bill, as committee member,
pointed to Judge Horne's disquali-
tication in the Higginbotham case
and stated that he had heard re-
ports that every circuit judge in the
state was to be disqualified under
! the same procedure and pointed out
that it would only take Sc affidavits
by the same two persons to, accom-
plish this. Passage Of the bill was
vigorously opposed by Representa-
tive Wade, attorney for Higgin-
botham, and w. D. Bell. Mr.. Wade
| declared he knew of no intention
to disqualify every judge. He re-
cited the events that led to Judge
Horne's removal and declared that
if any one judge. made the state
ments that Judge Horne had been
charged with making, he would, as
an attorney for Higginbotham, GER
tainly disqualify him. Mr.. Stuart
replied that Mr.. Wade's statements
certainly warranted the passage of
the bill, as he did not believe any
circuit judge or thinking man in
the state had not read of the Hig-
ginbotham case and probably re-
ferred to it in conversation.
While the measure was being de-
bated q message was received from
Governor Hardee asking that the
statute be changed. He pointed to
the recommendation on the subject
contained in his message to The
legislature at the opening of the
session, more than 45 days ago. The
executive suggested that the statute
be repealed altogether and let such
matters be decided on the common
law.
Statute Could be Abused
The Putnam Lumber company,
who employed Higginbotham at the
time he is alleged to have beaten
Tabert so excessively that he died,
was mentioned by Mr.. Stuart, who
asserted that it was possible for
the company to disQualify every cir
cult judge in the state and make it
impossible for the alleged whipping
boss to ever get a trial. Mr.. Wade
said that so far as het knew, and he
was Higginbotham's attorney, the
| lumber company had no connection
with the trial Higginbotham did
not have enough money to retain
! him, he said, but got it from his
father-in-law. He had left the en-
ploy of the lumber company shortly
after Tabert's DEATH he said. Mr.
Bell, opposing the measure, said it
would leave the defendant without
any redress after the first judge
had been disqualified The supreme
| court in deciding Writs of error, he
declared, would take notice only of
the law involved, and would not
study the merits of the case.
Representative Stokes declared
that Florida's courts were being
made to appear ridiculous under
FpresentN statutes. Mr.. Bell depre-
Gated the legislatures taking the
| that it has, in the way of what he
| described Special legislation. The
| legislature of New York had not
gone that far in the trial of Presi-
dent McKinley's assassin, he declar-
ed. Mr.. Stuart told him that the
courts of New York were not han
dicapped in this particular instance,
as were the Florida courts. The
circuit judges in that state could
not be disqualified as they are in
this state, he said.
Expenses for Trial Asked
Immediately upon passage of the
bill, Representative Fletcher, of Dix
lie county, where -Higginbotham'
trial is being held, offered a COM
munieation from the county commits
sioners asking that appropriation
be made for the expenses of the
trial. The communication set forth
that Tabert died only 20 feet in
Dixie county from the Taylor county
line, and only fifty yards from the
Lafayette county line. Furthermore,
the communication said, the Putnam
Lumber company had it's headquar-
ters at the time in Taylor county.
The communication was srpead on
the journal, a similar communica-
ton being received by the senate
last week, No action looking to the
| appropriation has been taken by
either house.
Additional Judge
The house Monday passed a bill
to give the judicial circuit embrac'
ing Dade, Broward and Monroe
| counties an extra judge. The meas
ure, introduced by Representative
Willard and Buste, would be an en-
abling act to carry out provisions of
the constitution as recently amend
ed to provide for an additional judge
in circuits having more than $4,000
population.
Should the measure be enacted, it
is understood Judge efferson B.
| Browne, of the supreme court, is
slated for the office. Judge Browne
! wants to get back to his home, re-
| ports say.
Tick eradication remained away
from the house Monday. Chairman
Lewis of the live stock committee,
| asked that q bill on the subject and