The Nevada journal., 1861-09-27
DISTRICT JCDEESHIP.

cussss the question of the termination oi
tie term Of Judge Searls and the beginning
of the term of T. B. Mcfarland. Esq. The
conclusion arrived at APPEARS to be that the
| term of the former closes AID the latter
commences on the first of mex. mouth, or
| thereabouts.
| The question is deserving Of much atten-
ticn, as first, if the term of Judge Searls
ends on the FIRST Of !!anIary next, the first
three months tha: he exercised the duties
! OF his oftlce-Octoter, November and De-
cember. of ls55-he was not legally a
Judge OF the l4th Ju1icial District. and his
acts as Judge during that period OF time
are void and second, if his terri. en- is Oh
, the FIRST of October. by limit Of the Ccneti-
, tuition. aGd be holds over beyond that time
his acts will be Illegal thereafter. Az ex-
animation cf the question leads Us 70 the
following facts By 4 law Of 1853 eleven
Judicial Districts were formed. The terms
o: the Judges Of these Districts were made
by that law 10 commence CT the FL ST dav
Of January subsequent to their election
In 1884 another the l2thl District Was
formed The law forming 1t required The
Governor TO appoint n Judge till the next
general election thereafter, ard until a sue
cessor was elected and qualified. By the
terms Of this last law the power Of the Leg
islatare 10 establish the time VIXEN the
Judges of ns4c Districts shall commence
their term is distinctly implied. The Su-
prelue Ceur: nGs decided IN several cases
that sucn power belongs to the Legislature
The Laws Of 1888, creating and providing
for the lith. ani other Judicial Districts
do not establish the time when the Judges
terms shall commence. Taking the Supreme
Court as the righ:ful exrouuder of the Con-
stitution and the laws, ard applying the
doctrine laid down by the Court on page
20 of 18th California Reports, and it ap-
pears plain that the commencement of the
term of Judge Sesrls dates from the time he
received his commission from the Governor
and had his oath of Office i1dorsed thereon.
which was somewhere about the first OF
October, 1855
Az the terms of District Judges are made
10y the Constitution six years, no more and
no less, and the Legislature is prohibited
from shortening or prclonging the terms
it is certain that the term of Judge Searls
ends six years from the time he received his
commission and took the oath CT offce,
which will he on o! atoat the frat of Octo-
ber 1857.
The question then arises: When does
the term of T. B Mcfarland, ESQ, begin !?
No other law interfering with the acts of
1855 it would be safe to say his term would
date its commencement from the reception
OF his commission from the Governor But
an act was passed in 1860 establishing the
time for the commencement Of terms Of
District Judges, (for the l4th District, as
well as al ethers} or the lst day of Janu-
AIRY, subsequent to their election and US it
is decided that the Legislature is possessed
of the power to determine the commence
ment of the terms of District Judges, it
follows that the beginning of the term of
Judge Mcfarland is governed by that law,
ard that his term does not begin till the
first day of January, 1862 Thus We arrive
at different conclusion from the writer in
the Democrat, and take the position, that
Judge Searls' term ends o1 tie first of
October, and Judge McFarland's not begin
ming till the first of January next, n vacancy
of three months occurs, which may be
properly filled by the Governor.
1t is true, the requirements of thela are
that the Governor shall issue a commission
to his appo,ntee in a case like this which
shall exnire at the next general election
If Governor Downey should see fit TO ap-
point Judge other than the one elect,
conflict might happen ii he should attempt
to hold on to the general election of 1862,
according TO q construction of which the
law is liable. But, is not the proper coE-
struction to be given the statute, that the
next general election is the utmost limit of
time that a Judicial appointment by the
Governor can hold while it may be less by
the interference of authority as strong as
that under which the Governor acts7 The
Legislature, the same power that has given
the authority to the Governor to appoint
judges IN cases of vacancy, says that the
next term Of the Judge of the I4th Judicia.
Distric: shall commence on the first of jan
uary next. The two provisions of the law
must be construed together, to arrive at
reasonable conclusion. We make no pre-
tense to knowledge of law, but it seems
in accordance with good common sense to
suppose that the appointment made by
Governor for II temporary purpose should
cease when the object has been accomp-
hsbed and the people have had time to pro-
vide for themselves At any rate, should
the Governor appoint the Judge elect to fill
a vacancy till the first Of January a conflict
Of laws may he a, oided, and we suppose no
o.her lawyer would take the Office for the
insignificant time of three months.
THE RiGar TAIK.-The Hon. Joseph
Holt, IL lis Boston speech said, "'.o such