The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1924-09-05

United States senator from Montana
and candidate for vice president on
the LaFOllette ticket, on the charge
that he appeared before a government
department for a client after has cleo
ton to the senate during the terms of
federal court which opened here to-
day, became a possibility regarded as
remote when Judge George M. BOur-
quin disqualified himself at the morn
ing session from presiding in the
case.
Judge Bourquin's action places jur-
isdictiOn of the Wheeler case wholly
with Judge Charles N. Pray, who
left Sunday with Mrs. Pray for an
absence from the state of month or
more.
Final
Decision.
Jurisdiction in the case was re-
posted in Judge Pray by Judge Bour-
qCin in an amendment to BOurquin's
original order, in which he disquali-
fled himself. 1t was at first regarded
by court officials that Judge Bour-
GUMS retirement would automatically
bring about the assignment of an
outside Judge to try the case, but
after a conference between Judge
BOurquin, Prosecutor j. L. Slattery
and j. H. Baldwin of Wheeler's coun-
sci, it was determined that since the
action originated in Judge Pray's
division jurisdiction would rest with
him, after Judge Bourquin had dis
qualified himself
Ten minutes after Judge BOur-
quin's original order of self dis
qualification was entered, he filed an
amendment citing the case to Judge
Pray. During the conference, 1t
later was stated by attorneys present,
Attorney Baldwin informed Judge
Bourquin that Judge Pray would be
satisfactory to the defense as the
trial judge.
Judge Bourquin sets out in his self
disqualification certificate that he
deems himself unable to preside at
the trial with absolute impartiality.
Demurrer
Entered.
When Senator Wheeler's case was
called this morning, a demurrer to
the Indictment was entered by 5. G..
Ford, former attorney general OF
Montana and now associated with
the Wheeler defense. Sunday night
it was announced by Attorneys Ford
and Baldwin that plea of not guilty
would be made for Senator Wheeler,
who did not appear in person at to-
davis proceedings, but this course
was abandoned in favor of a demur-
, rer. A moment of confusion caused
Attorney Ford to enter a plea of not
guilty for the senator but this he
has withdrawn. In response to the
calling of the case, Mr.. Ford arose
and said: eve waive the reading
of the indictment and enter a plea
of not guilty. beg your pardon,
your honor, we demur to the lndlct-
ment."
In the demurre the defense con-
tends that the indictment does not
set out facts sufficient for cause of
action.
District Attorney Slattery said
after Judge BOurquin had disqualified
himself that it would be impossible to
approximate the date on which the
case can come before Judge Pray but
that the trial will take the regular
{ course before the court. Should
: Judge Pray disqualify himself, Judge
: w. NJ Gilbert of Portland, Ore,
senior circuit judge of the ninth dis
: trict, will designate the trial judge.
State
Objects.
Defense counsel petioned at the
proceedings today that Senator
Wheeler's case be transferred to the
I Butte court but there was objection
1 by Prosecutor Slattery on the ground
that there is nothing in the statutes
permitting such a course and that
! the indictment and some of the cir
cumstances leading to it originated in
Great Falls.
Action of the application for a
change of venue as we'll as on the
demurrer both will await the return
OF Judge Pray, it was stated by court
officials.
Judge Bourquin's original certif-
, cate, disqualifying himself, was as
l follows:
Herein, and pursuant to section
4 p, Judicial code, the presiding
> judge, George M. Bourquin, for good
! and sufficient reasons, declares him
self unable to preside in this case with
! absolute impartiality, and therefore
2 with the clerk Of this court he files q
certificate thereof that another judge
4 may be designated to preside herein
d due course"
o The amendment to the original
n certificate reads:
e Provided the further proceeding
l In respect to another Judge be not
t now taken, but left contingent Up
? on the disposition of the Other
Judge, Charles N. Pray, of this dis
:, trict."
: A letter written by Judge BOurquir
= to Senator Wheeler was read on the
n floor Of the United States senate b!
it the senator on the morning following
n the return of the indictment here. II
+ this letter Judge Bourquin compli
d mented Mr.. Wheeler on the conduc
: 100 Vote. VOTING