The weekly Butte record., 1863-09-26
The Judicial Election.

As the period asSignea ~ the Legislature
for the election Of JudicaI eficers, under the
amended Constitution, it is proper sor the peo-
pie to canvass the merits and qualifications OF
OF the candidates presented To neglect to do
so, and 10 be governed accordingly, is to gain
nothing By having the privilege of electipg the
Judicial officers of the land
1t was clearly the inteaiioa Of the Legisla-
ture TO divest the choice Of Judicial officers of
the chickering's and jeaIousies of partisan poll
ties, that they might be chosen for their fitness
and qualifications alone and it is to be re
GREETED that the political conventions Of both
parties saw proper to disregard this important
object, and presented partisan candidates for
Judicial officers There is yet time, however,
for the people TO remedy this perversenes OF
the politicians in this respect. So far as quail
ifcations are concerned. the nominations for
Supreme judges. of both parties, are very
well
But under the amended Constitution, the
County Judge is perhaps the most important
Office in the gift of the people. His jurisdlc-
iion has been very materially enlarged. Sec
9th provides that be shall have original juris
dction Of actions of forcble entry and deiain
er, Of proceedings in insolvency. of actions to
prevent, or abate, nuisance, and Of all such
special cases and proceedings as are no. other
wise provided for and also, such criminal ju
risdicion as the Legislature may prescribe !;
they shall also have appellate jurisdiction mall
cases arising in courts held by justices of the
Peace and Recorders, and such inferior courts
as may be established in pursuance Of section
one of article six of the amended Constitution
10 their respective counties. The County
Judges shall also hold in their respective coun
ties, Probate Courts, and perform such other
duties as Probate Judges as may be prescribed
by law. The County Courts and their Judges
shall also have power to issue writs of habeqs
corpus on petition by, or on behalf Of any per
son in actual custody in their respective coun
ties"
1t will thus be seen that the original jaris
dictiou OF the County Court is very greatly
enlarged. The jurisdiction of Justices of the
Peace is also increased, thereby enlarging the
appellate jurisdiction of the County Court.
This officer is thus invested with more of
those Interests that directly effect the local al
fairs and rights of the people of the county,
than all others combined. That be should be
a thorough. practical lawyer, is evident to
every one.
The amendments to the Constitution. to go
into effect on the lst day Of January, 1864,
were advocated upon the proposition that the
election of the Judiciary should be as far re-
moved as possible from the political arena, and
the nomination for County Judge should never
have been dependent upon the bargain and
sale arrangements that usually barmonize con-
veniions OF a dominant party, where nomna
tions are considered equivalent TO an election.
Political aspiraDts should never have had their
ambition satisfied by being placed before the
people for judicial position. 1t is not a fit
reward for partisan services, and the people
should not regerd such nominations as at all
binding npou them, but should act with regard
TO qualifications alone.
The County Judgeship of this county is one
of peculiar and incalculable Importance, not on
y relative TO vested rights Of the agricultural
intercrt, but also TO the devo pment of the new
mineral interest that is springing up in our
midst, and our consequent prosperity as a
community. The granting and refusal of or
ders of injunction by that officer, By which
claims, teams, and large numbers of laborers,
may be forced to lay idle, is subject worthy
The consideration Of every voter of The county
1t requires a sound legal mind, blended with
practical knowledge of the law, and discrim
mating Judgment. Laborers and capitalists
should ponder well the question so directly af
fecting their financial interests
Upon this subject, We feel that shall discarge
our duty as q journalist, BY recommending the
people to vote for no man for that oflice who
is not emnently qualified for the discharge of
lis duties by legal experience and practice
Ii matters little what q mans stauding in
community may be as gentleman and homer
able citizen nor how sedate iD habt-nor
reputation for intelligence upon other subjects,
if be does not possess the practical qualifca
tious requisite for tie position, he should be
defeated by the electors at the ballot box.
The New York papers say that Andrews,
the leader of the late riots in that city, va, an
Administration spy, in the employ OF Secretary
Stanton aud that the riots were planned by
the Administration to destroy the popularity Of
Governor Seymour. The story is not improb