The Nevada Democrat., 1858-05-12
Ths snprsr.s .y.aeeship.

Inc deatn or Judge Murray maoe vacant
seat upon the bench Of the Supreme Court
which is to be fllsd BY the popular choice q
the annual election In September next. II hsi
been rule with us heretofore, not to sntiei
pate the action Of the party by advocating Tho
claims or qualifications Of candidates fer once
nor should We be disposed now TO depart from
this rule for any personal preferences. There
are reasons which induce as at this time how.
ever to give expression to our wishes in rela-
tien to the vacancy on the bench Of the Su.
preme Court, important in our estimation to
the great interests Of the mining counties. In
the administration Of the laws, the wise policy
Of which is to promote the general welfare, no
man can justly discharge the duties Of jurist
who does not fully comprehend the pursuits and
interests Of the people to be affected by bis de-
cisions. In this view an eminent judge an
nounced from the bench Of this court, year
or two since that courts Of justice would always
take judicial notice Of the condition of the
country over which they governed. 1t was q
truism, happily announced. and while the com
prehensve mind that gave utterancs to the
principle, made one Of the ministers Of the
court we may cheerfully admit that an en-
larged and viorous intellect was directed on
the line Of the true policy of the mining region.
We do not propose to complain Of the capacity
or integrity generally Of those who have been
elevated to the supreme bench. Doubtless
most Of those who have filled this responsible
station have been men who in any of the older
States would have exacted a respect for their
ability and requirements, but we do complain
that from the beginning Of the history Of Cali
fornia as State, too little respect has been
paid in the composition Of this court, to the
great mining interest.
Our Legislature by common consent has care
fully abstained from all interference in the con-
Germs and business Of mining A wise non in
tervsntion, has left it to the miner to enact his
own laws, or rather has LETT the mining COM
monwealth to develop system Of customs and
laws best adapted to its necessities 1t was
never supposed however that this would entire
ly avoid litigation. Sc far from it, the unwrit-
ten statutes Of the mining community have
been carried up to be expoundsd by the courts
and too often to be expoundsd by the light Of
old principles, illogical and incorrect when ap-
piled to the peculiar condition of the country.
The field ofjurisprudsnoe opened up by the oc-
cupation of gold mining in California Is terra
ipcogrS to the legal literature of modern States.
In the tenure BY which the possession OF the
miner is held, Il has no analogy to the mun-
ments Of title recorded in the books In their
relations as land holders the mining community
have found themselves thrown together, with
new and peculiar duties arising out Of the Pc
culiar use to bo made Of the soil. With such diff
fculties large aud important interests are COM
mitted TO the courts, and to the courts alone to
determine. With no general laws upon the sub-
ject to guide or control them, we have to rely
wholly upon the knowledge, experience and
wisdom Of the judiciary for the legislaticn by
which We are governed. When We reflect that
often mining claim Of q hundred feet square,
is Of as much value as a square mile of land in
the agricultural region, some conception may
be formed Of the magnitude Of the private in
terssts which find their way to tho calender Of
the courts. OF no less consequence are those
disputed rights to water privileges which have
occupied so large share Of their attention. 1t
may be said that although we have had repeat
ed decisions of cases with regard to these Ri hts
still but little progress has been made towards
establishing safe rule Of action, and to furnish
q reliable precedent for the future. These CEN
siderations 1t seems to us should have in
huenced the selection Of at least one member Of
the court, from its first organization down
from amongst the lawyers practising in the mi
ming counties. The experience in this new de-
partment of the law which is gained by daily
intercourse with the people engaged in this bu-
siness, would surely better qualify the jurist 10
pass upon the questions involved in mining ca
ses. We place our advocacy therefore Of q
member Of tho court from the mining region
upon the ground that it is demanded by the
best interests Of its great productive popula-
tiOn. Fairness and justice would suggest, even
apart from this consideration, that member
OF the court should now DO taken from some
one of the mining counties We believe that
the legal ability Of the State is not monopo-
lized by the agricultural and commercial Sec
tions. If superior qualifications for the pssi-
tion are alone to be consulted, we have every
confidence that this heretofore neglected por-
ton Of the State can present q candidate or
half score If necessary who will In every res
pect stand the test, and compare fAvorably with
any who will aspire to tho nonination from
other quarters.
PERJuRY.-FrAnk s. Malone, a we'll known