making suitable provision for the trial of such case or cases in such event, and also the desirability of general legislation conferring upon the supreme court power on appeal to review the facts in equity cases, and

"WHEREAS, I have reason to believe that work will be forthwith resumed in all the suspended operations aforesaid if an extraordinary session of the legislature is called to consider such legislation."

I am advised that the calling of this session arose out of the fierce contentions of rival mining corporations in the state. During their legal controversies one or two of the judges were assailed with great bitterness in the courts and the press and upon the hustings, and the quarrel culminated in one of these corporations suspending its immense operations in the state, throwing many thousands of employees out of work at the commencement of winter. Upon the passage of the legislation called for in the governor's proclamation, these operations were resumed.

The first act passed makes it mandatory upon the Supreme Court, in proceedings of an equitable nature, to review all questions of fact arising upon the evidence presented in the record, whether presented by specifications of particulars or not, and determine the same.

The other act amends the law of Montana so as to provide for the disqualification of the district judge upon the affidavit of either party that he has reason to believe and does believe that he cannot have a fair and impartial hearing or trial by reason of the bias or prejudice of the judge, the affidavit to be made by any party to the action personally or by his attorney or agent at any time before the day appointed for the hearing or trial on any action, motion or proceeding, and upon the filing of the affidavit the judge is to be deprived of all authority to act further, except to order the change of venue or to call in another judge. Five judges can be disqualified for bias or prejudice by each party, plaintiff or defendant.

As there are only fifteen judges in the state, it will be seen that ten of them may be disqualified.

The constitutionality of this law was questioned, and decided in the affirmative by the Supreme Court of Montana in the case of the State ex rel. Anaconda Mining Co. vs. William Clancy, Judge, et al., 77 Pacific Reporter, 312.

LOUISIANA.

In Louisiana the negotiable instruments law, which was fathered by this Association, has been passed. It is now the law of Arizona, Colorado, Connecticut, District of Columbia, Florida, Idaho, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Montana, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia, Washington and Wisconsin, twenty-five in all. The Louisiana lawyers congratulate themselves on the gradual adoption of this law by other states, for they claim that it is practically the commercial law of Louisiana as crystallized in its jurisprudence, the only exception being the abolition of the days of grace. The Louisianians regard the adoption of the law by the common law states as a tribute to the code of Louisiana.

An act was also passed to organize a commission to investigate the Torrens system of land registration and adapt the same to Louisiana titles.

An act was also passed, recommended by the Conference of Commissioners on Uniform State Laws, relating to the transfer and delivery of stock certificates of corporations.

The passage of these laws was accelerated by the fact that the chairman of the Louisiana Board of Commissioners on Uniform State Laws was a member of the legislature.

An act provided that the owner of real estate on which a manufacturing or industrial establishment is located may make the machinery and appliances used in such establishment immovable by recording a declaration to that effect.

A tax of three per cent. on direct inheritances and ten per cent. on collateral inheritances is levied for public school purposes, but these taxes are limited to property which has

escaped its just portion of taxes during the lifetime of the deceased owner.

A prohibitive license tax is levied on dealers in trading stamps; and on itinerant peddlers of stoves, lightning rods and clocks.

Birds (other than game birds) and their nests are protected under penalty, in the interest of agriculture.

Bonding and surety companies are required to deposit with the state treasurer a guaranty fund to insure compliance with contracts made in that state.

Fifteen days is fixed as the extreme limit for filing answers in cases, regardless of the distance of the defendant's residence from the court.

Electric street railways are required to equip their cars with screens or vestibules to protect motormen, from November 15th to March 15th of each year.

Municipalities of more than five thousand inhabitants are granted the right to construct and operate electric street railways.

A Department of Forestry is established and provision made for the preservation of the forests of the state.

All turf exchanges and pool rooms are prohibited under severe penalties.

It is made unlawful for any clerk or employee of any judge or court officer to practice law or to appear for another in any court proceeding.

A general militia law was enacted, bringing Louisiana in line with recent federal legislation on the subject.

Retail dealers in cities of more than 50,000 inhabitants are required to give their clerks one hour for luncheon.

Louisiana has submitted fifteen proposed amendments to her constitution. Among them is one making the justices of the Supreme Court elective, instead of appointive, as heretofore; another relating to the selection of the judges of the intermediate Court of Appeals, with jurisdiction from $100 to $2000. Another amendment exempts from all taxation for

ten years from completion all railroads constructed in the state prior to January 1, 1909. Another provides for the issuance of $1,000,000 of state bonds for school house purposes. Another provides not less than $75,000 nor more than $150,000 per annum for pensions to Confederate veterans and their widows.

IOWA.

The regular session of the Iowa legislature passed some interesting acts.

An act provides that in every public department and on all public works honorably discharged soldiers, sailors and marines from the army and navy of the United States in the late Civil War, who are citizens and residents of the state and of good moral character and who possess the necessary qualifications, shall be entitled to preference in appointment, employment and promotion over other persons, and the person thus preferred shall not be disqualified on account of his age or by reason of any physical disability, provided such age or disability does not render him incompetent to perform properly the duties of the position applied for. A refusal to allow the preference provided for, or a reduction of his compensation intended to bring about his resignation or discharge, entitles such person to a right of action therefor in any court of competent jurisdiction for damages, and also a remedy by mandamus. No such person shall be removed from his position except for incompetency or misconduct shown after a hearing, with the right of such appointee to a review or writ of certiorari. The act, however, does not apply to the position of private secretary or deputy of any official or department, or to any person holding a strictly confidential relation to the appointing power.

Another law provides for the erection of a monument on the site of the Confederate military prison at Andersonville, Georgia, and also for a commission of five to go there and locate it, in commemoration of the Iowa soldiers who were in prison and died there.

An act was passed providing for the election by the political parties of delegates to political conventions in counties having a population of 75,000 or more. Provision is made for the registration of voters preceding the primary elections, at which registration the voter is to register his party affiliation, and at the primary election only those so registered can vote for delegates of the political party with which he is affiliated. The primary elections of all the political parties shall be held on the same day. County committeemen are also to be elected at the primary election, and the county committees shall consist of one person from each voting precinct in the county who is a legal voter in that precinct. The primary election law applies to cities within the counties. The electors at the primary election have the right to instruct the delegates, and the delegates chosen and serving shall in the convention be considered as instructed to vote for, as long as good faith requires and use their best endeavors to secure the nomination of the persons for whom instructions have been given by the largest number of votes in the precinct wherein the delegates are chosen. No candidate of any political party which cast ten per cent. or more of the total vote at the preceding election can be placed upon the official ballot unless selected by a convention composed of delegates selected at the primary election. There are many provisions in the act looking to a fair expression of the registered voters of the respective parties as to the delegates to be sent to their conventions, and these provisions are supported by many penalties.

Another act known as the Juvenile Court Act, enlarges the powers of the district court so as to regulate and control dependent, neglected and delinquent children.

An act provided that no assignment of errors shall be required in any case at law or in equity now pending or hereafter docketed in the Supreme Court, leaving these matters to be covered by points or propositions in the printed arguments which are required to be filed under the practice of that state, and perhaps also (but of this I am not certain) reserving the