The Nevada Democrat., 1859-01-26
The State Judiciary-Amendmen TO the
Constellation.

Ine judiciary system VI Wills Os"ee 10 FoAJ
generally regarded as cumbersome, unnecessa-
rily expensive, and unsuited to the wants Of
the people. The system is established by the
Constitution, and cannot be materially i'm
proved without change in that instrument.
At nearly every session Of the Legislature, one
or more bills have been introduced, proposing
a change Of the Judiciary, but those which
were really improvements have been defeated
through the exertions of interested parties, or
from the opposition of those who were in favor
OF calling Constitutional Convention. The
question of calling Convention was submitted
to the people at the general election in 1857,
and failed to receive q majority Of the votes
cast in the State, and if the question was again
submitted, the measure would undoubtedly
meet like fate. Under these circumstances, a
joint committee has been appointed by the two
branches of the Legislature, to inquire into the
expediency of change, and of reporting bill
for that purpose. An Improvement in our ju-
dietary cannot be made without legislating out
of Office either the District or the County Jud-
ges, and as their opposition to the measure will
have to be encountered, it will doubtless be
better to allow one or the other Of these officers
to hold their positions until their terms expire
by law.
Mr.. Cope, Chairman of the Assembly Judi
ciary Committee, has introduced bill, propo-
sing to amend the 9th article of the Constitu-
tion, relating to the judiciary. By this bill,
ho ,rls Il ss in
District Courts, and Courts of Common Pleas.
The Supreme Court to consist of four Justices,
to have appellate jurisdiction as at present, and
the concurrence of three Justices is necessary
ded into convenient number Of Judicial Dis
tricts, in each of which District Judge, ana
Judge of the Court of Common Pleas is to be
elected. The District Court to have original
jurisdiction in all cases in equity, and in CON-
mon law proceedings; also, to have appellate
jurisdiction in all cases arising In the Courts OF
Common Pleas. The Court of Common Pleas
to have original jurisdiction in actions of for
chile entry and detainer; of proceedings in in
solvency; such criminal cases as the Legsla-
ture may prescribe, and to have appellate ju-
risdiction in cases arising in Justices and Re-
corder's Courts. The Judges are also to hold
in the several counties Of their Districts, Courts
of Probate. The bill provides that the Judges
of all the Courts shall be elected at special elec-
tions.
We cannot perceive that the proposed amend
ment possesses any advantages over the system
as at present established. 1t is merely change
without any Improvement, and if adopted by
the Legislature, would, for that reason, be re-
jected by the people. The Courts of Common
Pleas, in measure, take the place of the Coun-
ty Courts, and the expense of the present sys-
tenn would not be materially reduced.
The most simple plan which has been sug-
gested, is to vest the judicial power in District
Courts and a Supreme Court; the District
Courts to have original jurisdiction in all cases
now conferred upon the District and County
Courts, and Courts of Sessions and appellate
jurisdiction In oil cases arising in Justices aud
Recorders Courts 1t would then be necessary
to have Probate Judge for each county, and
we apprehend no difficulty would be expert
ence1 in getting suitable men to accept the
position for the fees now paid into that Court.
A Judiciary system, of which the above is
an outline, would cost the people of the
State from $lOO, 900 to $12O,OOO less than the
present system, and at the same time would be
better adapted to their wants.
Another plan, possessing some advantages
over the above, is to leave the County Courts
and Courts of Sessions as at present constitu-
led; but enlarging their jurisdiction so as to
include all cases now arising in the District
Courts; the State to be divided into about nine
Districts, and Circuit Judge to be elected in
each, to have appellate jurisdiction in all cases
arising in the County Courts aud Courts of
Sessions; the Circuit Judges to constitute the
Justices of the Supreme Court. 1t would not
be necessary that the Circuit Courts should
meet oftener than once in six months, aud two
Or three weeks time, at each term, would be
amply sufficient in our largest mining counties,
for the Circuit Judge to dispose Of all the cases
appealed from the inferior Courts. The Cir
cult Judges, by being often together on the
Supreme Bench, would have opportunities of
exchanging opinions, and establishing uni
form system of practice which could not fail to
be advantageous to oil parties engaged in lti-
cation. Few cases would be appealed to tSe
Supreme Court, and as the bulk of litigation
would be settled in the counties where it orr
yinated. the cost to litigants would be much
ess than OF present. 1t is not necessary to
speak of the advantage of having larger num-
ber Of Justices on the Supreme Bench, as that
must be obvious to every one. Such judici-
ary system, while it would in every respect
meet the wants of the people. would cost from
$50, 900 to 100000 less than lie now expended
in keeping up this department of the State gov
ernment AS the population aud business of
the State increased, the system could be extend
ed by dividing the State into two or more Su-