The Nevada journal., 1858-07-30
srp we 10 Elect District Judge at the
Approaching Election

cf Office some Of the District Judges
we're elected for under the meaning of
she constitution and laws Of the State.
We find the position assumed by the Aita
that every District Judge is to be cleo.
red at the general election Of this year.
An opinion of the Attorney General has
been published bearing on this point,
aod it is intimated that the Governor
contrary to his convictions on the sub
ject. has determined to issue his procla-.
nation for the election of District Judges
and leave the settlement of the question
te the Supreme bench. Fhe rsppriety
of the Governor assuming the step, in
view Of bis oath of office, and IN view Of
the mnch lauded attitude Of Geueral
Jackson, to Sustain and enforce the con
stitntien as he understood it, may be
questioned by the nemberstof at least
one party.
The positions assumed by those who
incline to tho opinion that all District
daagee are to be elected this wear. are
dednced, justly or not, from the following
provisions in the constitution and laws
Article 9Th, Section of the Constitu-
ton says
The State shall be divided by the first
Legislature into a e0nv enient number Of
districts, subject TO such alteration, from
time to time, as the public good may re-
quIre for each of which District
Judge shall be appointed by the joint
vote of the Legislature, at its first meet
ing, who shall hold his office for two
years from the first day of January next
after his election after which, laid
Judges shall be elected by the qualified
electors of their respective districts, at
The general election, and shall bold their
office for the term of six years.
The act of May 49, 1853, concerning
Courts of Justice of this State, and Ju-
diciai officers, says
Sec IA The District Judge shall
be chosen by the qualified electors of
their respective districts at the general
election, in the year 1858, and at the
general election every six years there
after, and shall enter upon their duties
upon the first day of January subsequent
10 their election.
By virtue OF this authority it is con-
tended that ii is incumbent upon the
peopIe TO elect District Judges through
ant the State at the approaching cleo
';on 1t may be maintained, probably,
With some color of reason that all the old
judicial Districts arc required TO elect
his year, but we do not see that the
ath Judicial District is obliged to elect
successor to Judge Searls The act
,.fs.atjng this District was passed during
he session of 1855. The District was
made because 'the public good" requir-
ID it Go tar there was no departure
:ram the power permitted by the consti-
otion The present Judge was elected
.oeording to the requirements Of the act
sa6 the constitution, at the general
lection. The act does net state the
e,rrsl Of his office There was no need
fit That was already fixed in the
constitution and was beyond the reach
II .nterference OH the part of the Legis
aturs. The constitution recognizes no
sther term of office for District Judges
stat ak years. There is no fraction of
-srm provided for in that instrument.
We hold there can be no fractions of
'brms in sbe office of District Judge, ex-
s,spt that which ends with the death or
esignation or removal of Judge. In
ss,se Of the vacation OF the office by
these causes, the Judge elected must he
elected for SIX years and no less period
IF time This appears to be the COM
mon sense view of the question. New
Districts are allowed to be formed for
the public good" For the public
good" the terms of District Judges were
made six years ID length. A District
Judge is supposed to grow more useful
to the people the longer he remains in
office and the more experience he ac-
quires. The last half of his term may
be safely said to be more useful to the
public than the first If the constitu-
ton bad recognized fractions of terms
the public good, which is the object of
law. ~aald not have been nearly con-
sutea Deaths and designations, not to
say al arbitrary establishment of cleo
y;ons at regularly recurring hexades,
would have made shors terms more nu-
raetous than the highest good of the peo-
pls viii admit.
We can see no reason for saying, as
the Legislature has done. that the elec
lion of District Judges shall all take