The Nevada Democrat. [volume] (Nevada, Calif.) 1854-1863, 1857-01-21
NEVADA, WEDNESDAY, JAN. q, 1857
Division ofthe 14th Judicial District.

Division OF the IHtn Juuiclh OAstEiC"
The Sierra Democrat of the 10th, contains an
article, urging upon the Legislature the proprl-
ETY. of dividing the l4th Judicial District The
Journal of this place, endorses the article in the
Sierra Democrat, and hopes that "bill will be
introduced before the present Legislature, pro-
yiding for this DIVISION" Now, we hope that
no such bill will be introduced or, If 1t is intro
duced. we trust it will be voted down. We
have taken some little pains to find out the
amount of business coming before the District
Court in the counties composing the l4th Dis
trict. and we are satisfied that 1t can all be
transacted by one Judge.
1t is very true, as urged by these papers, that
q large number Of cases have accumulated in
Sierra and Nevada counties, and that so far,
since Judge Searls has been on the Bench,
quite number of them have been left over, or
continued at each term. But when the facts
connected with the District Court business in
these counties are known, it will be perceived
that nothing else could be expected. Judge
Searls has been on the Bench q little over
year. but for nearly year previous to his cleo
ton. we had no terms of the District Court, and
in this time great number of cases had accu-
INFLATED upon the calendars Of the different
counties The act establishing the l4th Judicial
District was passed in the winter OF spring of
1855. Gov. Bigler held that he had no consti-
tutional power to appoint Judge, as there was
no vacancy" such as is provided for in the
Constitution, and Judge Barbour refused to
hold Court in the counties of the new District.
The cases which had accumulated during this
period have had to be tried since the present
Judge was elected, together with those which
have been entered since; and If few cases still
remain untried, IL is nothing more than what
might have been expected. In fact, 1t would
be surprising had it been otherwise; for If the
business of two years had been disposed of in a
little more than one, it would have been evident
that the District was too small
We are confident tina, the amount of legal
business in this Judicial District has been very
much overrated. AT the close of the late term
in Sierra county about fifty cases were left on
the calendar unadjudicated, Many o! these
however, were continued to the next term by
the consent, or on the application of the tigants
themselves, and few were continued for want
of time to try them. In thiscounty the District
Court is getting along remarkably WE'LL and we
have been assured that not more than twenty
A statement is made in the Journal, that at
the present term of the Court in Nevada, "suits
are accumulating upon the calendar faster than
they can be tried" Now II is a fact that about
the same number of cases have been entered
upon the docket, as have been disposed of at
this tcrm-about fifty; but this is an unusual
number for thatlength of time Besides, many
of them are suits for the collection Of debts the
most Ct which will go by default, or the rein
stating of old judgements, which were lost by
the destruction of the records; and probably not
more than twenty of them will ever come be-
fore the Judge.
If we had no other Court of record except
the District Court, it would undoubtedly, be
necessary to have District Judge exclusively
for this county. But we have a County Court
to dispose of appeal cases from Justices Courts,
and Court of Sessions for the trial of the GRIM
inal cases. These Courts are established by the
Constitution, and cannot be abolished. In re-
gard to the Chamber business, IL should be borne
in mind that the County Judge is authorized to
attend to this or at least, much of 1t is transac-
ted by him, such as ordering the publication of
summonses, &c.
There is no doubt but that our judiciary sys-
tenn is too complicated, and ill-adapted to the
wants of the people. We have too many Courts
and some Of them should be abolished. But the
system is established by the Constitution, and
until that instrument is revised, the Legislature
should be cautious in increasing the number of
Judicial Districts. The State Is burdened with
heavy debit so, also, are the most of the coun-
ties; and our lawmakers should rather seek to
abolish salaried Offices, than to create new ones
of doubtful utility.
The suggestion of the Sierra Democrat, that the
amount now paid by litigants as Judges fee,
should be fixed at FIVE dollars, instead of three,
we think is very good one. AT present, the
salaries of the District Judges are paid almost
exclusively by the State, and the most of the
expenses of trying civil suits, such as summon
ing jurors, per diem of Sheriff. &C., are paid by
the several counties By fixing the Judges fee
at five dollars, instead of the rate now establish
ed, the difference would amount to considera-
BILE sum in the course of year, which would be
saved to the taxpayers of the State.
AFFRAY.-A fracas occurred on Sunday even
ing last, at the Mountaineer Saloon on Com
mercal street. between John Leonard and VIM.
Murray, which resulted in Leonard stabbing
Murray, inficting severe, but not dangerous
wound, near the pit of the stomach, After be-
ing stabbed, Murray ran some two or three hun
dred yards to Pine street, and fell, being ex-
hausted from loss of blood. He was soon taken up
and cared for. The parties were both intOxca-