The Nevada journal., 1855-02-16
FRIDAY MORNING, FEB. 10, 1855
Division Of the District.


Mr.. Waite has introduced a bill for the di-
vision of this (0th) Judicial District, and ma
king Nevada and Sierra counties the new dis
trct. This is measure that was urged most
strenuously by the people of this county to the
last Legislature, and is still more necessary
and desired this year. The business of the
District has accumulated TO great extent
At the last session of the District Court in
this county, and the last day, the struggle to
get business before the Court was extreme, and
ma1y suitors who had been at great expense
TO get their cases in proper form for the con-
sideration of the court, were put OFF in the rush
of business to the next term. One case to be
plaintiff have notice of the decision in time to
arrest Judgment if adverse by appeal, was
through the absence of mind Of the judge, or
neglect decided without the plaintiffs know
edge, and the defendant obtained possession of
the money attached, so that appeal was
useless The closing hours of the session re-
scn,bled the hurry of legislative bodies under
similar circumstances, and great deal of bu-
siness was hurried through with little delibera.
tion, and less law. Such state of things is
Incident to q crowded docket, and cannot be
wholly ascribed to the judge. One brain can
not cope with the multifarious business that
presents itself at every term of our court and
do adequate justice in the limited time allowed
Our District Court is q curse rather than an
advantage under the circumstances. Where
weghty consequences depend upon motion
It IS necessary that the judge have time to
weigh the effect of his decision, and not be
compelled to summarily dismiss the subject
with a random decision.
As TO he propriety Of the division of this
district on the line proposed, it is obvious. Ne
ra6a and Sierra counties are essentially mining
counties. The other two are more particular
ly agricultural and commercial counties. In
our court and in that of Sierra the great fea-
ture Of the business is the settlement of dispu-
ted mining claims and water rights, and the
principles applicable to them from in them
selves distinct class Of jurisprudence from the
commercial law upon which most of the case;
in .he rest of this large district depend. We
want judge particularly acquainted with our
wants, and enc who will not be compelled tc
act upon interests 50 diverse. Nevada and
Sierra counties are peculiarly connected to-
gether by a community of interests, similari
ty in judicial business, and by an increasing
intercourse.
There is no objection to the division in any
part of the district except that both extremes
wish to be the new district. The Legislature
cali best be guided in this matter by refer
ence to the history Of the respective counties
Yuba was the original county and district
In the process of time Nevada county was cut
Oft, and still later, Sierra county obtained q
separate existence-both carved out of Yuba
county. Yuba is the parent county, and
should therefore be made the old district. 1t:
otfshoots-the newly made counties claim o.
right to be the offShoot Of the district, and ir
division to be united in the new district
This claim grows naturally out of the order O
things as they have transpired, and we know
of no valid claim that can be opposed to this
arrangement.
If this Legislature neglects to act upon this
matter, the district must labor under this dis.
advantage We have named for year longer
The evils We have stated are felt in the thrcs
large counties row comprising this district
md every respectable member of the bar in the
district will unite with US in the necessity O
division.