The Nevada journal., 1858-10-01
THE JOURNAL.
FRIDAY MORNING. Get. 1st., 1s5
Supreme Judges.


from certain faint ndications-straws on
the wind-that are becoming percep,i-
Bile. On the occasion of a vacancy oc-
curing on the Supreme bench Governor
johnson appointed Peter Burnett to fill
the vacancy until the next general cleo
ton. At that election, in 1857, Burnett
was elected for the balance of the term,
that is, until January, 1858. 1t was gen.
erall Y understood that. the election was
70 fill vacancy, not for term OF six
years. Such had bee the practice in
reference to that and other courts in this
not doubt but the abundant precedents
would be followed in the present instance,
and Baldwin be quietly allowed to take
his seat i'll January next. were it not for
r recent decision made by Burnett and
Terry, and dissented from by Field. that
looks in an entirely different direction.
In the case of The People ex rel. Me-
lony VS.. Whitman the two judges first
above named decide that Meloney, cleo
ted at the last election to fll the unex-
PRED term Of two years, one of which
had elapsed, holds his office for two full
years next ensuing. The result of this
decision is to bring the next election Of
Controller at the general election of
L Il IL I I
the other executive officers takes place
in 1859. The constitution of this state
provides as follows:
The controller, treasurer, attorney
general and surveyor general shall be
chosen by joint vote of the two houses
of Legislature, at the first session un-
der this constitution. and thereafter shall
be elected at tie same ti:.ae AID places,
and in the same manner As the Governor
and Lieutenant Governor" ART, v.
SEC 20.
The decision referred to totally igno: es
this provision of the constitution bv ma
king it impossible for the people to elect
the controller at the same time there;f.
ter as the Governor and Lieut.. Governor,
Ill another accident shall happen. by
which vacancy in that office is caused.
In effect, we are no longer governed by
the constitution, but by accident. The
same accidents are liable to occur in 9TH
er executive Offices, and as the same cons
truction must be applied, the design of tt e
constitution to have uniform and period-
cal terms of Office and times of election
is totally defeated.
But our object is not so much TO ex-
pose the fallacy of this decision, which is
fully done by Judge Field. although he
does not place his dissent on the ground
above stated, as TO enquire if it is not
stepping stone, or may not be made one,
20 disputed succession in the Supreme
Judgeship. The decision is in fact to
the effect that the constitution knows no
parts of terms of office. If this is true
Justice Burnett holds his position from
January 1858 to January 1864. Pass
ing out Of the case to do so, Burnett and
Terry say in the Controller case. that
"District and Supreme Judges hold their
Offices from a day certain, and fo, a
fixed period, and not until their success
sors are qualified" The period referred
10 as fixed" is six years. There is, it
is true provision of the constitution that
Supreme Judges shall so hold as that
one shall be elected every two years.
and to give effect to this provision, Bur-
nett must retire next January. Blu, it
is as easy to ignore that provision as it
was the one above quoted, which is as
clear as language can make it--or as it
was to "in this instance only" defy the
constitution and the reasoning of the
Court itself, in ,remanding Archy, or in
overruling the decisions of twenty FIVE
States in annulling the Sunday law,
Judge Field says of the Controller de-
cision, that it is "in conflict with the for
mer decisions of this Court. the spirit of
the constitution, and The Statutes of the
State" From this character of the ST.
preme tribunal, emanating from one of
its own members, we are not led to doubt
the correctness of our supp ,sition that
we are to have all the evils of dupl-
Gated Supreme Court, with rival decis-
ions, hostile mandates, aud a chaotic ju-
dietary. Jt such is the case the various
courts and ministerial officers through
out the State will he compelled to take
sides with one faction or the other.
Terry and Burnett, from their intimate
connection in all the startling and novel
decisions of the last year, will probably
associate together, and assume to he the