Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1890-07-05
AN UPnrenr uDsE.


We believe . word Of praise is due
Judge Fitzgerald for his recent decision
in the great Humboldt water case. His
decision in the Lander county railroad
tax suit is also deserving Of commends-
tion.
Judge Fitzgerald is . peoples Judge.
In cases affecting whole communities
and where the weight Of authority seems
TO be equally balanced and clothed in
some doubt, be never fails to give the
people the benefit Of the doubt. In the
water case he boldly declared the law
passed by the last Legislature to be pal
pably In violation OF the State constitu-
tion. That law cunningly assumed to
be . measure for the adjustment Of
water troubles in our State. II was no
such thing. 1t was . law designed solely
to involve all Of the people who use
water for irrigation or mining and mill
ing purposes in endless and expensive
litigation. It's passage through u Re-
publican Legislature was promoted and
pushed by q gang Of scheming attorneys
who hoped to profit by the immense
crop Of litigation that il was sure to in
augurate. For instance, the law pro
vided that If A sued B in connection
with q water right at the Sink Of the
Humboldt, every water right along the
whole course Of the Humboldt and its
tributaries had to be adjudicated and de.
termined in the same suit. This is pre-
cisely what wss attempted in the case
which Judge Fitzgerald has just thrown
out Of court on the ground that the law
was unconstitutional. The farmers on
the South Fork Of the Humboldt. and
those living along Pine creek in this
county, and Maggie creek in Elko
county, and on the numerous small
streams making into the Humboldt at
various points from the very source OF
our principal river to its sink in the des-
ert, were made parties to the suit begun
down OF Lovelock's in Humboldt county.
A more infamous scheme for ~plundering
the people and uprooting long and well
established rights was never devised
than the so-called water law of the last
Republican Legislature. II was 9 " job "
against the people from beginning to
end, as are most Of the laws passed by
the Republicans in this State. If there
is Q corporation to be favored, or mis-.
chief Of any kind to be done, that party
in the Nevada Legislature always stands
ready to do it. The truth is that the
Central Pacific railroad and its political
m~anipulators in this State W the Re
publican party and make all of our laws.
The voter who does not know it and see
it and feel it, hasn't sufficient perception
to know when it rains. II the people OF
Nevada continue to vote to enslave
themselves that is their business. Our
duty has been discharged when we have
pointed out the facts. Judge Fitzgerald
has performed an eminent public service
in upsetting one of the "jobs" Of the
last Republican Legislature, for which
he is deserving OF the thanks Of all
right minded men in the State regard
less Of party. The Judge has indeed
proven himself q conscientious and incor.
ruptible officer throughout his judicial
term. His decisions and rulings have
also stood the test Of our highest tribu-
nal. the Supreme Court having reversed
him in but one instance out of a greater
number of cases than has aver been
tried by q District Judge in a single
term. Judge Fitzgerald, like the late
Governor Bradley, always pays his own
"far" and never gets into entangline
alliances with any man, or set OF men,
or corporation. He is such q Judge as
all can trust from the highest to the
lowest. Every litigant who goes into
his court is sure to get a fair and honest
hearing. That is all any Of us want.
Judge Fitzgerald, if a candidate in the
coming election, should be reelected
unanimously.