Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-10

AGAINST the Constitution of the State and
of the United States, as will be seen by
reference to Article |, Section 3 Of the
former and Amended Article vi OF the
latter.
Sections 4 and 9 conflict. Section 4
saws all of the Judges may try cases
and transact judicial business in the same
county at the same time. Section 9 says,
"but one of the Judges shall be pres
ent," etc., etc. Does not this "but"
mean "only," as Webster defines it? If
it does not, then it is superiuous and
ought not to have been used. 1t should
have read, "at least one of the Judges"
etc.
Section 5 proposes to do away with all
terms of court. Article XVII, Section
Is. and Article VI, Section 7, of the Con-
stitution both contemplate and direct
where the terms Of the District Court
shall be held. This section, which reads:
1.-THE District Court shall always be
open for the transaction of business, p"
| does away with all legal holidays, so far
as courts are concerned, and yet it does
not refer to it in she title OF the Act.
The court is always open for the trans.
action of business, day and night, and
yet no one is ever present, except once
in six months, who is qualified to trans
act the business
Section 6 provides that the District
Judges shall be paid out of the State
Treasury. This is clearly ~unconstitu-
tional. Article VI, Section Is, provides
that "District Judges shall be paid out
of the treasures of the counties COM
posing their respective districts" 1t is,
moreover, imperative because it requires
the County Treasures in the State to
pay into the State Treasury only twice
a year, viz: On the first Monday in Janu.
airy and on the first Monday of April
in each year. 1t may be argued that
the money paid into the State Treasury
as directed by this section is not State
money. 1t states, however, that the
money shall be paid in the same man.
ner as the salaries of the Supreme Judges
are paid, which are paid out of the fund
set apart for that purpose. The Con-
troller is required to draw his warrant
on the State Treasurer for the same.
See Compiled Laws. Sections 975. 976
and 977, also Article VI, Section Is,
State Constitution. The Controller, in
that case, is instructed to draw his war;
rant. In this Act he is not mentioned.
If the Controller cannot draw his war;
| rant, the Treasurer cannot certainly pay
the money.
Section 7 provides for the payment Of
the travelling expenses Of the District
Judges. Article vi, Section 10, of the
Constitution says: "No judicial officer,
except Justices of the Peace, and City
Recorders shall receive to his own use
any fee or ~perquisite Of office" Webster
defines a perquisite to be a fee allowed
by law to an officer for a special service.
Bowler defines it to be a something
gained by a place of Office beyond the
regular salary or fee. The travelling OF
the Judges is as much a part of their
duties as hearing and determining cases
when they arrive at the courtroom
where the cases are to be tried. The
money to pay the travelling expenses OF
the judges is to be a claim against the
State. 1t cannot be done under the Con-
stitution.
Section 9 provides that the Presiding
Judge" shall have the power to direct
the other Judges to "hold court in the
different counties of the district as the
public business may require" This gives
him the power Of virtually establishing
the terms of court, which power the Con.
stitution most positively declares shall be
vested in the Legislature alone.
There are other points which might lie
raised, and which VIC will probably al.
lude to at some future time. We think,
however, that the conflicts which we
have already cited, between the pro-
visions OF the Act, and the fundamental
law, are sufficient to insure the nullifica.
ton of the former when presented to the
highest Judicial tribunal of the State.