The Nevada journal., 1851-10-16

avenue OF the can Joaquin, and thence
direct by railway 10 tho mountains,
could be furnished as cheaply as from
Sacramento, while Stockton thus at
once the sole depot of the southern
mines, the most convenient for the north
ern, and in the direct route of the great
Pacific railway, would become the NAM
moth city Of the western world.
We give the remarks o. theTranscript
in another column.
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The DIs1RIcT JuDCEsnIP. We learn
from the Marysville Herald, that at the
opening Of the District court on Tuesday
mo ming, Hon ". T Barbour was pres
ent, and it was understood that he had
commission from the Governor as Dis
trict Judge Of this District and intended
to claim his seat on the bench. Judge
Mott refused to resign his seat to the
Judge elect, because Ne had commits
sion from the Governor for the tonth Ju-
dicial District Tho question was ar.
gued in full by tho members of the bar,
and finally referred to the Supreme
Court.
This district was created by the Leg
iSlatuIc, and vacancy in tho Office Of
Judge nccessa lily resulted Tho law
provides,
"Where an office shall, from any
cause, become vacant, and no mode is
provided by the Constitution and Laws
for filling such vacancy, the Governor
shall have power to fill such vacancy,
by granting commission which shall
expire at the end Of the noxt session of
the legislature, or at the next election
by tho people"
Judge Mott received commission
from the Governor to ell the vacancy in
his District, and there is no spccifica-
tlon as to the time at which his term
ceases III the commission 1t is claimed
that the terms ''till the next election by
the people, does not mean till The next
general election, but till tho next cleo,
ton for this Office, which the constitu-
tion prescribcs in 1862. If this is the
decision of the higher court, Judge Mott
will hold his seat, till 1852, when the
regular election takes place.
We do not esteem it very honorable
in Judge Mott 10 yield his name to the
nominating convention of his own party,
and 'hcn when failing in the nomination
and the regular nominee Of his party is
elected, refuse to yield his position -
The least he could have done would
have been to stayed out of the conven.
tion-or yield his place with good grace.
The following order was made in the
District Court -
"This day came ". r. Barbour, and
in open court produced his commission
from the Governor Of the State Of Cali
fornia, as Judge of the 10Th Judicial
District of the State, and demanded by
virtue of his election by the qualified
voters Of the said District Mt the last
general election held in said District on
the Sd Of September 1851, and his COM
mission rs aforesaid, upon which COM
mission was endorsed as a certificate Of
his having duly taken the constitutional
oath Of office, to enter upon the discharge
of the duties of said Office; and the court
being sufficiently advised of and con.
cerning the premises, considers the said
W. T. Harbour as not entitled to said
Office. and refuses to permit him to take
upon himself the exercise of the duties
and powers of Judge of that Court.
To which decision the said w. T.
Barbour excepted, and by the agree.
ment of the parties, the legal question;
between tho said Barbour, and G. N
Mott, arc referred to the Supreme court
for its adjudication, for which purpose
this Court is ordered to be adjouract
until the Sd Monday of October, 1851
without prejudice to parties.