The Nevada journal., 1857-02-13
Amendment. to the Constitution.

duced INTO the Assembly proposing
amendments to that portion of the Con-
s'itution regulating our Judiciary sys
TEN. That introduced by Mr.. Sweezy
provides for alterations more efiectual
and satisfactory, than any yet proposed
by It's provisions, the judicial power of
the State will be vested in Court of
Appeals, in Circuit Courts, in courts of
Common Pleas and Courts of Justices
OF the Peace. Justices Courts will
have the same jurisdiction now confer
red by our law. A County Judge will
be elected in each county, whose term
OF Office shall be three years, and who
shall have the entire jurisdiction now
conferred upon the District Judge, the
County Judge, and the Court of Sessions.
The State will be divided into nine
Judicial 5Districts, for each of which
Circuit Judge shall be elected by the
people, who VII hold his Office for the
term of nine years. These Judges will
be so classified that one shall go out of
office every year. The jurisdiction of
the Circuit Courts will be appellate only
reviewing in the first instance all cases
appealed from the Court of Common
Pleas. At least three terms of each of
the Circuit Courts must be held every
year.
The Court of Appeals will have ex-
elusive jurisdiction to review all cases
appealed from the Circuit Courts, and
will be the court of final resort in the
State. II is to be composed of the nine
Circuit Judges, any seven of whom shall
constitute quorum. Any decision must
be concurred in by at least five Judges,
other than the Circuit Judge, by whom
the appeal was originally decided The
Circuit Judge, senior in commission, will
be the chief justice of the Court of Ap-
peals.
These amendments, if adopted, would
obviate many ofthe evils of our present
Judiciary system. By merging the Off
ces of County Judge and District Judge
into one, we should not only get rid of a
supernumerary office, and the expense
attending it, but would have in each
county, Judge always present at the
County Seat, thus removing great i'm
pediment to the speedy settlement of
disputes. We can see still greater
benefit in the proposed distribution and
arrangement of the powers of the appel
late Courts. The Court of Appeals
bench, being composed of the nine Cir
cult Judges, can easily adopt set of
rules of practice which shall be uniform
throughout the State. An uniformity of
decision will also be soon acquired, so
that cases will rarely be appealed be-
yond the Circuit Court, of the District
in which they arise. The judges Of the
Court of Appeals being elected seperate-
ly, by the votes of the seperate districts
it will be impossible that sufficient
number of Judges to control a decision,
should be elected upon any political
issue at a particular time This danger
is still further checked by the proposed
method of electing but one of the Cir
cult Judges each year.
The bill introduced by Mr.. Inman
does not propose any alteration in our
Supreme Court, as it now exists. JUS
tees of the Peace will have jurisdiction
in civil cases to the amount of four hun
dred dollars exclusive of interest, and in
criminal cases the same jurisdiction
now exercised by them. The County
Court will be abolished, and its powers
and duties conferred upon the District
Court. The Chairman of the Board of
Supervisors for each county will perform
the duties of surrogate orProbate Judge
This system as far as economy and
convenience are concerned would be an
improvement upon our present Judiciary
system. 1t does not, however, effect
that radical reform which is needed, and
which would be accomplished by the
proposed amendments of Mr.. Sweezv.-
The sentiment is almost universal
throughout the State, that the unlimited
powers of our Supreme Court are placed
in the hands of two few men, and are
not sufficiently guarded from undue in
huences. Any change which will meet
the appreciation of the people must eff
feet radical change in the Court
We hope that it will not be necessary
that either of these bills should be acted
upon by this Legislature. The evils of
our system of Courts, although the great