The Nevada journal., 1853-02-04
Duplicate Judgcs--Doub,e Pnv.


utes of 1852, Page 27l) granted to T.
H. Caswell, Judge of this county. leave
OF absense from the lst Of September,
1852 to the 1st of March, 1853. In ac.
cordance with such grant, Judge Cas-
well left on Oct. 18th, 1852. In COM
pliance with Statutes of 1852 page
l62, the Governor appointed E. w. Rob.
erts County Judge of Nevada county, to
flll the temporary vacancy. The Stat
ute reads as follows
The Governor shall supply by ap-
polntment the temporary vacancy. caus.
cd by the absence of n Judge of the SUI
preme Court, or of Jud e of any of the
Courts in this State. Such temporary
Judge, so appointed, shall take the oath
OF office, before entering upon the dis
charge Of its duties and be entitled to
hold said office, during The vacancy
thereof, and no longer, and shall receive
as compensation, at the rates of the sal
airy now fixed by law and which shall
commence from the date of his entering
upon the duties Of his ofhce.n
Judge Roberts entered upon his du.
ties, and has faithfully discharged them,
and will receive as he ought, Mt tho
rate Of $4,000, which has been FIX
ed by the Court of Sessions-no salary
being fixed by law.
At the December tse-, Of tho Court
OF Sessions Judge Cas@en, by his Attor-
ney, presented bill for his serrices as
Jadgc wi6e absent from Tie State. The
Court of Sessions made no allowance for
1t and it is said it viii be again called
on next term. The amount asked for
is six months salary-being $500
Our county is now embarrassed by a
debt Of $4,000, which hangs heavily
upon it, and we see no good reason to
add to it by paying such bill. By
law we are required to pay, and do pay
for the actual incumbent, and il GER
tainly is not justice or equity to pay for
two Judges and have the services of but
one.
We find additional light on this sub
jeot in the cases of the Judges of the Su.
preme court. The law rs above quoted
provides that in the temporary absenso
Of any such Judge, the Governor shall
fill the vacancy. The sllary allowed
these Judges (Statutcs 1852 page 49) is
U
So, GOO u year BY the same Statutes,
page 287 Joint resolutions, Solomon
Hcydcnfcllt, one Of the Supreme Judges,
is granted leave Of absense. He went to
the Atlantic States in pursuance Of said
leave and Alex. " ellis was appointed to
act as Judge in his place. When Mr..
II. returned, he agreed with an opinion
that MIR. Chief Justice Murray had pre-
ylously pronounced, that Wells was no
Jadge! Yet Wells was employed, and
according to Statutes 1852, page 10, he
was paid. Hastings, tho Attorney Cen
eral, then decided that Iioydenfeldt was
also entitled 10 his regular salary as
Judge, on Article e, Section l. OF the
Constitution, which provides that the
compensation Of Judge of tho various
Courts shall not be incycassd or dimilt-
~ied during The term Of Office for lrti.4
! he shall hare been clecied." Hcydenredlt
drew biz salary, and thus the people paid
four Judges and secured the services of
only two--Wolls being declared 80
Judge
1 If any disintorcsted men Of toIerablo
good sense can fcd in the provision Of
the Constitution referred to, grounds for
paying an absent Judge, he can also see
as god grounds for plyins deal one
= during the term, &c" There is no
question that Wells should have been
paid, or that Roberts should also. They
performed their duties in accordance
with the Statutes Of the State, and tho
Governors appointment. When the all
sent Judge-en his own business and
plcasure-is not paid for the time he is
absent, the salary attached to his Office
is not diminished, it is only paid to the
actual County Judge. The distortion of
the Constitution and Statutes sought to,
be enforced is wrong on the people,
which should be emphatically rebuked.
! REVOLVING. Union of Jan. Goth
gives an account of the trial and whip
ping with 100 lashes by the people of
that city of a German named Conrad
Sacksin for the inconceivable crime Of
violating the dead body of woman
The body vas laid out for burial, and he
volunteered to perform one of the last