The Nevada journal., 1852-02-26

while the INNING coantles, with popu
lation, as before stated, Of 1897, pay
only SCI, ,253 Co.
From this extract is also elected III,
startling fact, that while the southern
counties are sweating under the bur
den OF Government, bearing the greate|
weight upon their shoulders, they ar|
compelled TO submit TO the degrading
and demoralizing humiliation Of being
governed by other counties that do mol
pay n tithe Of the tax, while their fep|
resentation is four fold. This latter evi
which of itself amounts to an intolerabl|
oppression, is brought about by that sec
tion Of the Constitution which required
that the Representation shall be ap|
portioned according to population" i
the mining counties, on the other hand
are taxed in proportion to their popu!a|
tion, ii il evident that their ruin woul
ensue with inevitable certainty.
The principle of representation beinI
apportioned upon the basis Of popula|
ton, is republican in its character, an
we are aware that it is engrafted upoI
the fundamental law Of every State
the Union. 1t would be T. dangerou|
innovation upon long established usa
! ges, we are free to confess, TO impair ID
force and effect, in any great degree
but truth impels US to the announcd
ment that its practical operation is UNI
just and oppressive to the tax payin
counties of this state. California id
mands peculiar legislation upon This al
important element of government, an
what is applicable to another state vii
not meet her wants and guaranty tn
rights of her citizens While it j. ar
parent that it is not entirely proper
our state to regulate representation az
cording to population, it is neither
wise nor republican doctrine, to place
altogether upon the basis of taxation
The only equitable plan which now pre-
sents itself, is modification of the eS
listing principle, by change in tn
mode prescgibed for the enumeration
the population of the state, which shoul
by no means, however, trench upon tn
privileges Of free suffrage.
This perhaps could be effected by re
quiring the commissioners Of census {
enter upon the list OF enumeration
those citizens only who had paid thei
capitation tax; and make this list tn
basis of representation, without the de
sign, we repeat, of interfering with tn
fullest enjoyment of the elective fran
chise, This remedy is merely sugges
ted-we are not welded to it-any 9th
er plan would be acceptable to us, b. !
which can be accomplished the sole Oh
ject in view-strict justice and equa
rights to ell.
Another vital objection TO the Conf
stitution, is the ample provisions id
mak,s for superabundance of un-
necessary offices, which attaches u
cumbrous weight to the machinery Of
Government, which cannot be sustain>
ed without heavy taxation upon the
people. Again, one of the most i'm
portant officers of Government, the
Secretary of State, is the appointee of
the Governor, whom heIs intended IN
some measure TO check and restrain.
We contended that the officer should
not be the creature of the Governor.
but should be elected by the free suff-
rage Of the people. The Constitution
also makes imperative, annual sessions
Of the Legislature; thus enlailing up
on the people the duplicate evil Of
enormous expen and o. much legs-
lation. We entertain the opinion that
biennial sessions, while they dock one
half the cost Of law-naking, arc suili-
cient for the public good,
The Judiciary Department proyi-
ded for in Article 6, has proved too
complex and unwieIdy; and has entire.
ly failed in the only purpose for which
Courts of Law and Equity are estab-
lished cheap, prompt, aud certain JUS
tice. This department, should, in ma
ny respects, be changed and greatly
simpliiied. The County Courts of Ses.
sions should be abolished-Distric.
Courts should have original jurisdic-
IlOIl Ill CIVIL CdSCS VI INC dOI-
Jars, and in all matters Of Probate, and
in criminal cases amounting to fclo>
ny; and final appellate jurisdiction in
civil cases of five hundred dollars and
under, and in criminal cases below the
grade Of felony.
The Supreme Court should have
appellate jurisdiction in all of those
cases in which the District Courts
have original jurisdiction. Magis-
trates and Recorders courts should
have original jurisdiction in civil cases
Of five hundred dollars and under, and
in criminal cases below the grade Of
felony. 4 board Of supervisors, with
moderate compensation, should trans
act all county business,
We are inclined to believe that a
judiciary system, under such an organ
ization, would best promote the inter