The Nevada journal., 1856-01-04
Reform Of the Judiciary System,

NoioiM ILL vi Tie judiciary SySteMs
Our Judicial system is every day be-
coming moro untitled for the accomplish
ment OF the purposes for which it was in
stituted. 1t has been luekless institu-
tien from the beginning, Unfortunately
tor its success, the Constitution of cur
State which should regulate fully and ac-
curately as important a subject as the
powers and jurisdiction of our courts of
justice, is lamentahly deficient on this very
point, dealing only in general powers and
restrictions and leaving to future legisla-
lures the task efflling blanks which should
never have been left untitled. Moro un-
fortunately still the legislatures which
came after, seem to have ignored the ex-
istance of any such document as a Con-
stitution, and have framed their laws, on
this subject at least, with deliberate dis
regard Of its provisions. And most un-
fortunately, our supreme bench are con-
structionists of the strictsst school and clip
every statute to the exact measure OF the
Constitution as remorselesly as Atropos.
AS the result of all this conflict Of DOW
ers our judiciary system has become very
weak and Intellectual. By one asd an
other decision nearly all the powers, which
the sratute gives to the county judges and
Justices Of the peace had been taken from
them and the petty business which should
be transacted in these minor courts, is for
ced into the District Court to the ruinous
delay of cases of the greatest Importance.
But this is not all, nor tho worst Of the
evils under which we labor "The glo-
rious uncertainty of the law" has in very
many cases como to be glorious impos-
sibility. The suitor is not only pu. to
great delay and loss by this confusion of
jurisdictions but is even entirely losing the
remedies which our law provides and has
sndeavored to secure to him.
For example, under our mechanics lien
law, a carpenter holds lien upon house
he has built for sum less than 5000.
He brings his action to foreclose in JUS
ticcs court, and he is told that a justice
has no jurisdiction over real property
He brings it again in the county court as
the Statute directs, and it is dismissed be-
, Cause that court has no original jsrisdic-
ton. He tries the district court, and is
sent away from his last resort because the
amount claimed is toe small He pays
his three bills of costs, and of course like
q good citizen blesses the laws which give
him so valuable remedy, and ne posi-
bic way to enforce it.
}, This is only one case among many
Hardly suit of consequence is brought
in which some new question of Jurisdiction
f is not raised. Sailors are banded about
like shuttle cock, from one of our court,
to another to the delectation of lawyer.
but their own certain ruin. The unfor.
tunate citizen who is forced to q lega
remedy ia order to obtain his rights finds
that justice, like truth, lies in the bottom
of we'll
] The evils of which we complain are ra-
dical. They arise from defects, not in
our statutes so much as in the constitu-
tion of cur state. 1t is no trifing evil
nothing less than frequent failure of JUS
tice, and calls for speedy reform. How
can change for the better be brought
about.
We answer that the present legislature
should recommend to the people of the
state to vote for convention to revise the
constitution. 1t is impossible to amend
it effectually. 1t is an instrument which
is imperfect in every part, though more
especially SO in its attempted regulation
of our system of courts. We wish it en-
tirsly blotted out and new and better
one in its place. We wish a convention
TO be called composed Of nsn of learning