Daily national Democrat., 1860-02-01
Important Amendments to the COnsti-
fiou.

bv MIR. Smith, Of Nevada. We have taken
some pains to obtain a copy of the bill in adj
vance of other papers, and it will be found in
our reading columns of this morning.
In the main, we very much approve Of the
amendments proposed. The second section
of the bill, it will be seen, proposes a radical
change in the structure of the Supreme Court.
Instead of three Judges, as We now have,
there will be, under the new system, seven,
and they viii hold office for fourteen years.
The additional expense for the support of
these additional judges will be counter-bal-
lanced by the great reduction of expenses In
the administration of justice, resulting from
the adjustment Of certain courts now in ex-
plated, as will be seen, by the BILL The oh
istence, and changes in jurisdiction contem
lection, on the score of expense, being re-
moved, the policy and sound sagacity of in
creasing the number of judges are to our
mind apparent The Supreme Court, of this
State, composed as it has been of only three
Judges, has done great deal towards con-
fusing and perplexing, not only the admins
tration of justice. but the legislation of the
country. Many decisions have been rendered
at the dictate, to all appearances at least. of
mere capriee-we will not say as some have
said, of partisan bias or personal prejudice.
The consequence is that the Supreme Court
has frequently contradcted itself or reversed
its decisions, causing infinite confusion in re-
spect to titles to property and an infinite
deal of litigation. Stare decisis has ruled in
some cases, and mere judicial reason. regard
less of precedent, in others Moreover the
Supreme Court has well nigh assumed, in
many instances. the functions of legislation
for the country. five must have legisls.
ting Supreme Court let us at least divide the
power to such an extent as not to subject the
whole State to the judicial dictation of two
men, for such is the effect of the present eys-
TEN. Where there are seven men, four of
whom must agree upon all points before a
decision can be rendered, there is much less
margin for this sort of dictation or something
worse.
We like also the fourteen years term ofser-
vice, and the clause in the sew enth section of
NY. Smiths bill making judges ineligible
during the term of their Office, to any other
Office, either under the State or Federal Gov
eminent, except judicial office The four
teen years term together with an ample
salary renders them perfectly secure against
any ofthe vicissitudes of fortune, so that they
may be above all temptation and keep the
ermine pure while their ineligibility to any
other office but a judicial one confines their
thoughts and their aspirations to the channel
in which it is all important they should run
Thus we may have judges learnedin the law
and entirely competent for their positions
for so close a devotion to the principles of
the law could not fail to make very good
judge out of ever so an ordinary man.
Section 4th makes the County Judge Chair
man of the Board of Supervisors, unless
otherwise provided by the Legislature. We
are inclined to think that Judge of law
ought to preside over the Board At any
rate, it is frequently necessary for the Board
to ask legal counsel on matters pertaining
to the discharge oftheir duties.
The section providing for separate elec-
ton for the judicial officers is good one
By mixing judicial candidates with those who
are running for merely political offices, the
question of their competency is frequently
lost sight of and their personal merits alto
gether forgotten in the struggle for the success
of this or that ticket.
Another sensible provisions in these amend
ments is that which requires, in the absence
of any judge, whether Supreme. District or
other, from the State, the appointment of
judge pro tena., in his place, who shall draw
the salary of the absent judge, during the
time he is away. This will keep judges at
home attending to their duties, and stop their
too frequent asking leave of absence from the
Legislature, to the detriment of the public
business.
The section which provides for the estab |
lishment of judicial fund out of which the
jadges shall be paid their salaries in regular
monthly instalments, is based on a good
principle. 1t will prevent the lobbying of
Justices around the Legislature for their pay. |
The section giving to District Courts final
jurisdiction in case of appeal on questions of
law arising in Justices Courts and in Mu
nicipal Courts, would. if adopted, save much
litigation and greatly lessen expenses in the
administration of justice.
There are other sections which we should |
notice, had we the time. From hurried |
reading of the proposed amendments we
think they contain much trat it would be
wise and wholesome to adopt.
ADMINISTRATOR CENTRAL CouNry CoM,ur-