First Challenge

California had not long to wait last week for the first use of its new law permitting peremptory challenge of the judge assigned to try a case (TIME, Aug. 30). Grey-topped, crotchety, bushy-eyebrowed Superior Judge Frank H. Dunne, 67, one of the old-timers on San Francisco's bench, had just opened court with the case of Howe v. Howe, an action to set aside a property settlement on a wife. Up popped noisy Lawyer Jacob Wilbur ("Jake") Ehrlich, 37, who once successfully defended Alexander Pantages against a rape charge. Said he, "Your Honor, it gives me great pleasure to avail myself of Section 170.5 of the Code of Civil Procedure. . . ." Thus he asked that the case be transferred to another judge. The momentary silence in the courtroom was acute. The judge was slightly abashed. While conversation buzzed the request was referred to Presiding Judge C. Julian Goodell who transferred the case, assigned it to another judge for trial this week.

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