Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1890-05-24

THE CASE OF JUDGE WILLS.
Az wa stated in the last issue Of
the skSTISEL, Judge Wells, who had
been assigned 10 the district eonprls-
ing White Pine, Nye and Lin
coin counties has been cited by the
Supreme Court 10 sppesr before Is ct
Carson on June 2 to show cause. and
By what authority. be is exercising la-
diciI functions in any Of said a
ties. The wit Of prohibition also asks
him 10 show cause Why he refused TO
dismiss Q certain cause Of action pend
ing in bis court 1T White Pine, and
further, 10 explain his refusal TO trans
fer the same case, Of motion OF the
plaintiff, to the United States District
Court Of Nevada. The whole trouble
grows out Of the litigation between Mu.
walcost Of San Francisco and Mr.. Wat
son Of Ely for . half interest in the Jo-
anna mine. The merits Of that action
are not pertinent TO the purposes OF
this article. Il 10 . fact 10 be stated
with propriety, however, that Mira
waleost does not desire the case tired
nj Ely, while Mr.. wstson does. The
suit was originally brought BY Mira
wsleett, ss plaintiff. in the District
Court Of White Pine county. Subse-
quently her counsel determined upon .
transfer Of the case to the United
States Court at Carson and thereupon
fled The usual motion TO effect that
purpose, alleging the non-residence OF
plaintiff, etc. There IL 9 Law OF the
United States 10 the effect that Q
plaintiff Is estopped from moving to
transfer after the answer has been pat
in by the defendant. Just here 40
other question Of fact comes in a. 10
the White Pine litigation. Il is al
legged BY Mrs. Waleott's attorneys that
their motion for the transfer reached
the Clerk Of White Pine county prior
TO the receipt and the fling BY him o;
the answer Of the defendant. This. we
believe, 10 admitted, bat the Clerk
had not been paid his costs and for
that reason refused TO fle the papers.
There was also . motion OF notice Of
dismissal which shared the anne fate.
Judge Wells acted in the case upon
the record a. made up by the Clerk.
The attorneys for the LADY are contend
ing that they were entitled either
TO . dismissal or . transfer and
IL is Judge Wells action upon these
questions that 10 to be reviewed by the
Supreme Court. The constitutionality
Of the Act Of the Legislature creating
. fourth Judge for the State is also
assailed. The constitution itself divided
the State into nine Judicial Districts.
and then conferred power upon the Leg
i~slsture TO change them in the follow
ing language:
The Legislature may provide by law
for an alteration in the boundaries or
divisions of the districts herein pre-
scribed, and also for increasing or
diminishing the number Of judicial dis
tricts and Judges therein; but no such
change shall take effect except in case OF
q vacancy or the expiration Of the term
Of the incumbent Of the office"
There can be no question that il was
the intention Of the trainers Of the con.
stitution to maintain the local district
system and allow the people to elect
their Judges by districts. The law
which erected the whole State into q
judicial district is clearly and manifestly
unconstitutional. But our Supreme
Court. in its great wisdom, has already
decided that law to be valid. Hence
territorial area or jurisdiction will cut
nc figure in the White Pine proceeding.
II follows therefore that to successfully
sssail the tenure Of Judge Wells, reliance
must be had on the last clause Of the
above quoted section Of the constitution
which directly and in terms inhibits the
Legislature from making changes in the
number OF judges during the incumbency
OF those already elected. But if our
Supreme Court, in its great wisdom,
could "divide" the State into one dis.
trict it ought to be able to so oonstrue
the plain language Of the constitution as
TO permit Of IN increase Of Judges in the
middle of Q judicial term. It is not
likely, however, that Judge Wells will
be seriously interfered with under this
writ Of prohibition. Lawyers tell us
that he cannot be reached in that sort of
proceeding. 1t may be safely predicted,
therefore. that nothing will come Of the
White Pine middle except to delay the
important litigation in that county.