Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1894-10-05
one MAN POWER.
What the Supreme Court Will be
Under the Proposed Amend

meHt III reference to our Supreme
Court, that Is &c be the coming cleo
ton voted on that is to amend
Section 2, Arr. vi is a dangerous
matter. To SAID proposed amend
ment there are three most serious OBJ
lections as follows:
First-It makes practically a one
man power.
Second-it gives t. one man hav-
Ing practically all the power divided
responsibility.
Third-It makes what is elsewhere
called log rolling cour'."
Briefly stated the effect of the
proposed amendmept ID this: Ii
adopted there Wilt De altar J,ouary
LIT 1895 but two Justices of the
Supreme Court and one If them, the
Chief Justice, will have the power to
complete the Cuu by selectGp any
one of the four District Judges eX-
cept the one who tried the ease
under review. Two years from ) an
uary LIST 1895 there will be but one
Justice of the Supreme Court called
Chief Justice and he will have the
power to complete the Court by
n. leeting any two Of the four District
Judges, of course quitting the Judge
who tried the case. AT the election
preceding the expiration of the four
years frointhe first Monday inJanuary
next and every six yeats hereafter
there will be elected q Chief Ju.tice
of the Supreme Court and he will
have the power to complet' the
Court by selecting any two of the
District Judges again, of course
emitting the one who tried the case.
Thls is practically q one man power.
Should . question come before the
Supreme Court in which the Chief
o ustice had a strong desire to have
1 re law settled rs he might wish he
would have only to ascertain if there
was one District Judge who then
thought or might thereafter be in
duce6 to think as the Chief Justice
thought and all would be accom-
plished. And when the decisions
and opinions went forth to the world
all would look fair and right. There
would be three judges passing on
the question aud at le;,Et two concur
ring (for it takes but majority Of
the three to render x.slecision,9 while
the Chief Justice w.faid all the time
and control the whole stu
alton.
No one man should have such a
power. A cunning, designing intri-
guing man should certainly not have
it. and a man Of natural, refined and
sensitive nature and with mind and
heart honest and true would not even
design t. be placed in such a position
where he could by possibility be
With such practice The
foregoing demonstrates the first and
'econd of the above propositions,
that is to say, the Chief Justice
would have practically all the power,
, one man power and he could divide
his responsibilities with the two
,elscted District Judges.
The third proposition that it max es
A "log rolling court" ls thus shown:
A District Judge who desired 60 have
the law settled in certain way on
my question in his court could call |
n some other District Judge to pre-
tide at the trial and ufterward be |
himself selected to act with the
Chief Justice of the Supreme Court,
night estsem his SELECTION therefore |
IN honor and he might have . feel !
ng of gratitude therefore or an ap-
probation thereof that might tend to !
make him have q feeling that he |
would prefer to be IN accord with
he appreciative Chief Justice on the
,sestlon before the Court, and there
nigh; arise In his mind visions of
utare selections and opportunities to /
it as Supreme Judge.
SO much for selectnr and selectee,
he selecting Chief Justice and the
elected District Judges.
Today Judge A sustains or rever-
es Judge b: tomorrow Judge b
night HAYS the feeling accordingly to
ustain or reverse Judge A-chang-
ng the scriptnral injunction to D.
~ as have been done by'-to the
.reat evil and injury to the litigants
.efore the court. This is what is
allied in other Jurisdictions where it