Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-06-28
SUPREME COURT DECISION.
A. b. Paul W.. w. II. Began.

OPINION BY LEWIS, c.. J.
Courts Of Justices Of the Peace being the
mere creature Of statute have no jurisdiction,
except that which is expressly granted by law.
The laws of the Territory of Nevada limited
the jurisdiction Of Justices of the Peace, in
evil cases for the recovery Of money, to de-
mands not exceeding one hundred dollars
Exclusive of interest.)
But it is claimed that the State Constitution
extended that jurisdiction to three hundred
dollars. The Constitution provides that !:
1.-THE judicial power Of the State shall be
vested in Supreme Court, District Courts,
and in Justices of the Peace. That the Dis
trict Courts shall have original Jurisdiction
in all cases in equity also in all cases at law
which involve the title or the possession Of
real property or mining claims, or the legality
OF any tax, impost, assessment, toll or NUM-
cipal fine, and in all cases in which the de-
mund exclusive Of interest), or the value Of
property in controversy exceeds three hun
dred dollars"
And section s, Article 6 declares that ::
The Legislature shall determine the num-
Der Of Justices Of the Peace to be chosen in
each city and township Of the State, and shall
fr by la,o their powers, duties and RESPONSE
bilities provided, that such Justices Courts
shall not have jurisdiction of the following
cases, viz: First Of cases in which the mat
ter in dispute is money demand, or personal
property, and the amount Of the demand lex
elusive OF interest), or the value Of the
property exceeds three hundred dollars"
The first point made BY counsel for appel
liant is that, as all Judicial power in the State
is vested in the Supreme Court, District
Courts and Justices Courts, and as neither
- Nos nistr;n, Tourt. hauo iuri,
diction OF cases where the sum claimed is
ton Of such demands must be vested in the
Justices Courts. In other words, that all
judicial power not granted to the Supreme or
District Courts, and all jurisdiction prohib-
tied to them in the Constitution, are con-
ferred upon Justices Of the Peace.
The only answer that need be made TO this
position is that il tie jurisdiction is not ex.
preSsly granted TO those Courts by law, no
implication or necessity whatever can confer
it upon them. And the argument that the
omission in the Constitution to confer juris.
diction Of demands under three hundred dol
lars, upon any Courts whatever, would be
impairing the obligation of contracts, is GER
tainly no reason in itself why such jurisdic-
ton should be conferred upon Justices
Courts.
Prior to the adoption OF the Constitution
the District Courts had jurisdiction Of all
cases over one hundred dollars. 1fthe Con-
stitution takes away any Of that jurisdiction,
and it is not conferred upon any other tribu-
nal, and the obligation Of contracts is thereby
impaired, the result would be to retain that
jurisdiction in the District Courts until it was
conferred upon some others, and to suspend
that provision Of the Constitution taking that
Jurisdiction from the District Courts until
such time as the Legislature makes some pro-
vision for such jurisdiction.
The Territorial law expressly limited the
jurisdiction Of Justices nj the Peace to one
hundred dollars. Laws of 1861, page 4lS,
section 6lG.] And the Constitution, Article
II, section 2, declares that: "All laws Of
the Territory Of Nevada in force at the time
OF the admission Of this State, not repugnant
TO this Constitution, shall remain in force
until they expire by their own limitation, or
be altered or repealed BY the Legislature"
Is the law limiting the jurisdiction Of these
Courts to one hundred dollars repugnant to
the Constitution 1t would seem not. That
instrument confers no jurisdiction whatever
upon Justices of the Peace, but leaves the
entire matter to the Legislature. Section 8
of Article 6 merely prohibits the Legislature
from comforting jurisdiction upon those
Courts In certain cases. i MS SECTION ue-
clares that the Legislature shall fir by la,c
the powers, duties and responsibilities Of
Justices VI the Peace.
1.-THE Constitution itself fixes their powers
and duties, why make it the duty Of the Leg
islature to do the same thing by law: It
would be strained construction to say that
a constitutional grant Of authority to the leg
islative power, to regulate certain subject
by law, is itselfa regulation Of it. II the
Constitution confers Jurisdiction Of demands
under three hundred dollars upon Justices Of
the Peace, it can only De BY the implication
that, as it limits the jurisdiction Of the Dis.
trict Courts to sums of over three hundred
dollars. exclusive Of interest, it must vest the
jurisdiction Of sums under that amount in
Justices OF the Peace, hose Courts, how
ever, cannot take jurisdiction BY any such
implication.
As this point disposeS of the case, it is I'M
necessary to pass upon the others made by
counsel for appellant.
Judgment below affirmed.
LEWIS, C. j.,
We concur: BEATTY, j.
BRosSAS, ].