The Nevada Democrat., 1858-05-12
The s.prer.e yzagsshiP.

The death OF Judge Murray MADE vacant
seat upon the bench Of the Supreme Court
which Is to be 6llsd by the popular choice 81
the annual election In September next. II hai
been rule with us herstOfore, not to sntiei.
pate the action Of the party by advocating the
claims or qualifications Of candidates fer once;
nor should We be disposed Aow 10 depart from
this rule for any personal preferences. There
are reasons which induce US at this time how
ever to give expression to our wishes in rela-
tion 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 whisk 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 his 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
prehensive 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 filed this responsible
station have been men who in any of the older
States would have exacted respect for their
ability and requirements, but we do complain
that from the beginning Of the history Of Cali
fornia as State, toe 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
tervention, has left ii to the miner to enact his
own laws, or rather has left the mining COM
monwealth to develop system Of customs and
laws best adapted to its necessities. II 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 toe 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 Of ofjurisprudenoe opened up by the oc-
cupation Of gold mining in California IL terra
ncognita to the legal literature of modern States.
In the tenure BY which the possession OF the
miner Is held, it has no analogy to the muni-
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
caliar use to be made Of the soil. With such diff
fculties large aud important interests are CON-
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 legislation BY
which We are governed. When we reflect that
often mining claim Of hundred feet square,
is Of as much value 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 shts
still but little progress has been made towards
establishing safe rule Of action, and to furnish
reliable precedent for the future. These con-
sideratons 1t seems to us sheuld 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 10 gained by daily
intercourse with the people engaged in this bu.
sinsss, would surely better qualify the jurist to
pass upon the questions involved In mining CO.
ses. We place our advocacy therefore OF a
member Of the 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 be 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 see.
tions. If superior qualifications for the pssi,
tion are alone to be consulted, we have every
confidence that this heretofore neglected por
tion Of the State can present q candidate OF
half score If necessary who will In every res
pect stand the test, and compare favorably with
any who will aspire to the nonnstion from
other quarters
| PERJuRY.-FrSnk 8. Malone, well known