Tjosevig

(after stating the facts as above).

The defendant in error contends that the filing of an affidavit in the district of Alaska, alleging prejudice or bias of a judge of the district, of itself constitutes contempt of court, and cites In re Jones, 103 Cal. 397 , 37 P. 385 , and Johnson v. State, 87 Ark. 45 , 112 S.W. 143 , 18 L.R.A.(N.S.) 619, 15 Ann.Cas. 531, in which it was held that an affidavit filed for the purpose of disqualifying a judge on account of alleged prejudice or bias, or for the purpose of changing venue, is contempt of court, in the absence of a statute rendering such prejudice or bias ground for such a motion. Upon principle, and upon a careful consideration of the few adjudicated cases concerning the question, we think that the' reasonable view is as it is expressed in 6 R.C.L. 494: “An attorney may in a proper case, in a respectful manner, as, for example, on an application for change of venue, allege that the judge is prejudiced against his client, and unless the act is done with reckless disregard of truth, or with the express in- ■ tention to reflect upon the honor and integrity of the judge, it is not a contempt.”

There is no statute of Alaska authorizing…