Cooke v. United States

The first objection to the sentence of the court, made on behalf of the petitioner, is that the letter written to the judge is not a contempt of the court. Section 21 o'f the Judicial Code contains the following:

Whenever a party to any action or proceeding, civil or criminal, shall make and file an affidavit that the judge, before whom the action or proceeding is to be tried or heard has a personal bias or prejudice either against him or in favor of any opposite party to the suit', such judge Shall proceed ño further therein, but another judge shall be designated in the manner prescribed in…