The Nevada journal. [volume] (Nevada City, Calif.) 1851-18??, 1857-07-24
FRIDAY MORNING, JULY "a, 1857.
Constitutional Convention No. 8.

attention, and few have not. The way
Justice is dispensed is theme of aniver-
sal condemnation by the people here
and elsewhere. 1t is true corrupt and
imbecile Judges have done much to
bring the judiciary from the highest to
the lowest tribunals into disrepute.-
The election of such men to office is not
the fault of constitutions but the people
themselves, and cannot be remedied by
any change in the organic law. But
there are evils to which remedies can
be effectually applied. Let these evils
be pointed out and cured, and trust to
better state of society for the other an
tidotes we stand in need Of.
1t is complained by some, and among
the number are found men versed in
constitutional law, that the Supreme
Court of the State, is composed of too
few in number, that the magnitude and
diversity of the questions brought before
that tribunal to decide, require in the
aggregate a greater range Of legal or
mental ability than is rarely found in
three individuals. Besides, it is conten-
Ged, greater confidence would be felt
in the Judgment of a larger court
These are plausible and tenable posi-
tions. 1t is of as much Importance that
the people have the most implicit conf
dence in the court of last resort, as that
the court itself should be endowed with
the greatest wisdom. 1t matters little
whether the utmost ability joined with
legal judgment and learning, is bestow
ed upon the decisions Of the highest ju-
dicial tribunal in the land, if the people
do not trust to the honesty and integrity
of the court.
With regard to the Supreme Court
the same principle will not hold as in
the Legislature. The lessening of num-
bers, does not necessarily increase indi-
vidual responsibility. Legislators are
guided by their own ideas of policy;
Judges, by old and established maxims
of law. Legislators leave little record
to criticise, while Supreme Judges
write down their opinions for all future
time. and it behooves them to do their
work well. The record of judge is
open to the scrutiny of the most critical
judgments of the bar and bench, daily
and forever Rising and progressive
generations look down upon the acts of
the Judge, and tax his intellect to meet
their appreciation. Each individual who
wears the ermine feels the responsible
ty resting upon himself individuality;
the number of his associates having lit
tie influence on his acts. The greater
the number of his associates the greater
field for consultation and cleaning of
wisdom. The court, however, to secure
dispatch in its decisions should not be
unwieldy. Five, or at most, seven.
judges are sufficient to compose the
highest court of State.
But the great Improvement needed in
the Judiciary system Of California is in
the lower courts. 1t is fact known to
all, that the office of county judge in
most counties is a sinecure. That Off
Ger has only to look wise semi-occasion-
ally. without corresponding actions be-
ing discovered if looked for. His sala-
ry seems to be paid him but to keep up
the appearance of an aristocracy which
little COMFORTS with our republican in
situations. His labors are a myth ike
his abilities.
The whole duties of district and
county judge can be, without detri-
ment, conferred on one court. If on
tie district judge his labors will not be
largely increased if upon the county
Judge he will do something to earn his
salary. Which of the two offices should
be abolished is left to the wisdom OF
lawyers to discuss. The services per
formed by the county judge, are Ger,
tainly too we'll recompensed, and a saw
ing can easily be made in that item Of
expenditure. If the office of district
judge be abolished seventy-nine thous
and dollars will be saved the State
if the office of county Judge, ninety.
seven thousand the people of the coun-
ties.
A part of the duties which now de.
volvs on the county judge could, with
convenience to the people, be giver
justices of the peace. Jurisdiction tt
the amount of five hundred or even ;
thousand dollars might be allowed JUS
tees courts to advantage, and othe
improvements made in the distribution