The Nevada Democrat. [volume] (Nevada, Calif.) 1854-1863, 1857-02-11
NEVADA, WEDNESDAY, FEB. IL, 1857.
Proposed Amendments TO the Judiciary
System.

Proposed Amendments to the Judiciary
System.
Mr.. Sweezy, member of the Legislature from
Yuba County, has introduced bill into the
Assembly proposing to amend the sixth article
of the Constitution, relating to the Judiciary OF
the State.
By this bill the judicial power of the State is
vested in Court of Appeals in Circuit Courts,
in Courts of Common Pleas, and in Justices
Courts. The Legislature has also power to es-
tablish courts of limited jurisdiction within in
corporated cities, towns or villages. The juris-
diction of Justices Courts is the same as at
present conferred on Justices of the Peace. A
County Judge is to be elected in each county,
for the term Of three years. He is to hold the
Court of Common Pleas, and at the same terms,
the Oyer and Terminer for the trial of criminal
cases not otherwise provided for. The Courts
of Common Pleas have the same jurisdiction as
is now conferred ON the District Courts. The
County Judge also performs the duties of Pro-
bate Judge.
The Legislature is required to divide the
State into nine Judicial Districts, and Circuit
Judges are to be elected for each District, who
hold their offices for nine years But the first
Legislature convened after the first election Of
Circuit Judges shall classify them so that one
shall 90 out of Office every year, and their first
terms are to expire according to such classified
ton. The Circuit Courts have exclusive appel
late jurisdiction in all cases of appeals or review
from the Courts of Common Pleas, Oyer and
Terminer, and the Probate Courts, and are to
be held by the Circuit Judges in each county in
their respective Districts.
The Court of Appeals is to consist of the nine
Circuit Judges any seven of whom shall con-
stitute quorum. This Court has exclusive
appellate jurisdiction in all cases of appeal from
Circuit Courts; and every decision must be
concurred in by five Judges other than the one
who decided the case on the Circuit
The compensation of the Circuit Judges is fix
ed at five thousand dollars year, to be paid by
the State, and that of the County Judges at
three thousand dollars, to be paid by the sever
al counties. The Circuit and County Judges are
ineligible to any other office during the term for
which they are elected.
We are disposed to regard with considerable
favor the amendment proposed by Mr.. Sweezy's
bill. 1t is no more complicated less expensive,
and better adapted to the wants of the people
than our present Judiciary system. The effect
of 1t would be to impose more business upon the
County Judges, and less upon The District Oh
Circuit Judges-giving the latter ample time to
attend as Judges of the Court Of Appeals fol
three or four terms in each year. The jury tri-
ais, and in fact, the great mass of legal business
would come before the Courts of Common Pleas
and as the County Judges would have but little
other business these Courts could be in session
nearly all the time. The expense to the several
counties would be about the same as at present
but the State would save annually between
fifty and sixty thousand dollars by the adop.
ton of this amendment.
Probably the most important feature Of the
proposed amendment, is the reorganization Of
the Court of last resort. This Court should be
as far removed as possible from political inhu-
ences. That ii cannot be wholly free from iniiu
OuOOb VI wills Ouui ubVVi1 40 Nv plOSVho VI S"hNNV
is evident to every person who has watched its
decisions for the past few years BY having the
Court composed of nine Judges, as proposed
elected by different constituencies, and at differ
ent times, 1t will be comparatively free from
popular excitements, and its decisions will com
mnnd the respect and confidence of the people
Should the bill for Constitutional Convention
be defeated, we trust that the amendment pro
posed by Mr.. Sweezy, or similar system, will
be adopted and submitted to the people for theil
action. 1t will have to be passed upon twice
by the people before it can be adopted, and
there is little danger of a worse or more expen
sive system being adopted than the one we have
at present