The Nevada Democrat., 1861-09-24

act of 1853 aforesaid, providing for torn,
election, said term by election to commenca
the lst of January following said election, W
The same section, as amended Nav the X,
1854, makes no provision for the commons''
ment of the term of Office to be filed Z
election.
The same section as amended Aprl o.,
1855, makes no provision for a term To no en-
by Executive appointment nor does il FIX anS
time for the commencement Of the term ,o Y
filled and which was filled by the election Of ,S
Hon. Niles Searls. '
The Legislature in the formation of the l2h
18th and 18th Judicial Districts having frs, =
cOrporated clause providing for the annon,
ment of Judge for each of those distriets asa
within ten days thereafter. having repealed tbs,
portion of said act, and amended the law WIZ
provided for the election of Judges at the n..,
general election which took place on the l.,
Wednesday in September, 1855; it is but instcs
to the Legislature to say that it was intendsS
the Judges elected for said districts Shouldonsl.
ify and enter upon the duties of their Office !,
as early day as practicable the Leeslatr,s
having fixed no day for the commencement n
the term.
This view is sustained by the circumstance
then surrounding the Legislature the discu,.
sion of the Governors power to appoint befora
there had been an incumbent; and his F1cel.
lency John Bigler having expressed his opinion
that he had no power under the constitution 10
appoint Judges for said districts until vacan.
cies occurring, which he held could not take
place till there had been an incumbant in Office
therein and the Legislature repeating the an.
pointing clause on the Goth day of April lSS;
1t will not be insisted upon by the Hon. Niles
Searls that the election in 1858 conferred any
4
which he was first elected. Judge Searls had
not then filled but three years Of the constitu-
tional term Of office and it was not intended
that his election then should be for term TO
commence three years thereafter. His elec-
ton in 1858 was a nullity.
See People VS.. Beubank, 18th Cal. Reports,
page 378. "If A. is elected District Judge and
enters upon the Office, or accepts for day, be
is disqualified for other Office during the whole
period Of six years"
Again, in page 1872: "When we see in con-
nection with these provisions the unqualified
declaration that the District Judges shall hold
their Office for the term of six years, and an eX-
press provision that the duration of Office fixed
by the Constitution shall not be altered by the
Legislature, we are constrained to the concu-
sion that the words fixing the period of tenure
by far the most essential means to the same
end, were designed to be so construed as to be
most effectual for its accomplishment"
Judge Searls was elected in September 1855
received his commission, qualified, and entered
upon his term of Office in October 1855, which
said term will expire in October 1861.
The people of Nevada county, as we'll as tht
people of the State of California, have righ
to insist that the Hon. L. b. Mcfarland quail
fly and enter upon the discharge of the duties o
his office, at the commencement of the term o
Office to which he has been elected, and the ex
piration of Judge Searls' term.
FAIR PLAY.