Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-10-23
FITZCERALD'S RECORD
A Plain Answer to the Char.
ges Of the Reno Gazette.

The Reno Gazette last week publish
ed an ,article severely criticising Judge
Eitzgs raids record on the bench. 1t was
stated in that article that "over .one-half
Of the cases tried by him and appealed
to the Supreme Court have been rever-
sed. Such record as that either reflects
upon his knowledge of law or upon bis
backbone"
The Gazette doubtless got its informa-
| ton from someone who pretended to be
posted, but who, in reality, knew as little
about Judge Fitzgerald's record as he
does about the command "Thou shalt
not bear false witness against thy neigh
bor'' handed down to Moses from Mt.
Sinai.
The Independent has gone to consider
able trouble to examine the Supreme
Caurt reports, since Judge Fitzgerald
has been on the bench, to ast- r.,in the
truth or falsity Of the Gaze; .c's 'harges.
The record begins with voi;,nc p OF the
Nevada reports. Judge Hawl'y, Murphy
and Belknap then composed The SUI
preme Court.
| All cAdIHlIldtlOH vi NoI'''lit ~ SuOWS
twelve cases appealed from Judge Fitz-
serald's court. OF these, eleven were
affirmed and one reversed. Surely this
is not bad record and shows no lack Of
knowledge Of the law on the part Of
Judge Fitzgerald, neither does it show
any lack of back bone.
In the Fall of 1890, Judge Hawley re-
cin oC1 TpIrn ho
elected his successor in November, 1890,
was appointed to fill Hawley's unex-
pred term. Up to the time Judge Bige-
low came upon the bench Judge Fitz-
gerald had been reversed but once At
this point began the change in the de-
cisions of the Supreme Court, and the
Judge who had long record of affim-
ances to his credit meets with frequent
reversals. What Is the cause Of this?
Did the Judge who had heretofore shown
a deep knowledge of the law, and who
had made the best record of any of the
District Judges in the State, while Haw-
10y, Murphy and Belknap composed the
appellate court, suddenly forget the law,
or did the elevation OF Judge Bigelow to
the Supreme bench introduce an element
of personal bias into the decisions of the
court?
1t is we'll known fact that Judge
Bigelow entertained bitter feeling to-
ward Judge Fitzgerald on account OF
matters growing out of the districting OF
the State when they were both District
Judges. Is it not possible that these
, z~1s l.
bench and found vent in the frequent re-
versals Of Judge Fitzgerald while Judge
Bigelow was a member Of the higher
court? Judge Bigelow with all his
, knowledge and ability as a lawyer, his
purity Of character and worth as citi-
zen is a man of strong prejudices who
frequently permits those prejudices to
control his action to the exclusion of his
better judgment. That his associates on
, his strong will and intellectually we dc
not doubt.
While Judge Bgelow was a member
of the Supreme Court, the reports show
that Judge Fitzgerald was reversed ter
e times and that in these cases Judge Bige
r low wrote seven opinions for reversal
. 1t two other cases VIII ere Judge Fitz
gerald's decisions were affirmed by
majority of the Court, Judge Bigelov
took pains to write a dissenting opinion
Volume % is the last published vol
u ume of the Nevada Supreme Court re
IL ports. Volumes 20, q, % and % show tina
;. out of the &c cases appealed from Judg
, Fitzgerald's court, during The perio'
= covered by these volumes, "a were al
10 firmed and II reversed. These u includ
# the ten reversals while Judge Bigeloy
4 was on the bench. Judge Fitzgerald
percentage Of reversals is 331, while Of al
y the other appealed cases decided durin
the same period 81 per cent were re
versed.
Some of the reversals Of Judge Fitz
gerald have been severely criticised b.
members Of the legal profession, TIL
Y. learned editor of the American State Re
re ports in ten page note to the case
>. Watt VS.. The Nevada Central Railroa
~ Company in which the supreme Coul
N first reversed and then modified th
he judgment rendered by Judge Fitzgeral
'e shows how erroneous is the decision {
is the Supreme Court and finally calls tn;
IS decision "spoliation.'' {62 America
N State Reports, pages 80 to SO0)
ed Judge Fitzgerald +. ;eld in high estcel
er and honor by the people Of his Distri
and of the State &; large and they wi
show at the polls that his record h;
manifested both !, knowledge of the la
and the backbone to stand by TIL
- knowledge regardless of the pressure
high places.-Elko Indep endent,