Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1900-10-05
JUDGE rI1zoEKALp.s RECORD.

Judge Fitz2erald's record on the
bench. II was stated IN that article
that -oser one-halt Of the cases tnad
by hun ADD appealed TO the Supreme
Court have been reversed. SIch q
record as that either reflects upon his
knowleJge Of Law or upon his back
bone.
The Gazette doubtless got its in
formation from some one who pre-
tended 10 he posted. but who. IL real
ity, Eue as little about Judge Fitz-
gerGld's record as he does about the
command Thou shalt not bear false
witness against thy ueighbor' handed
down 10 Moses from Mt. Sinai
The ISDEPENDEST has gone TO con-
siderable trouble 70 examine the Su-
preme Court reports, since Judge
Fitzgerald has been on the bench, TO
ascertain the truth or felsIty Of tie
Gsze,pe's charges. The record be
| gins with volume - Of the Nevada
reports. Judges iiaSley. Murphy
and Belknap then composed the So.
rreme Court.
An examination OF volume 20
shows twelve cases appealed from
Jujge Fitzgerald's UJuTt. Of these,
eleven were affirmed and one revers
ed. Surely this Is not q bad record
and shows 20 lack OF knowledge o,
the Law on the part Of Judge Fitz-
gerald. neither does If suggest any
lack Of backbone.
In the fall U, 1880 Judge iiavley
resigned and Judge Bigelow. uho
was elected his successor il EOveu-
Der, 1889, Was appointed TO ill
Hawley's unexpired term. Up TO the
time Judge Bigelow came upon the
bench Judge Fitzgerald had been
reversed but once. At this point be.
gins the change III the decisions o.
the Supreme Court and the Judge
"ho has had a long record u afr
maDces 10 his credit meets with
frequent reversaIE. What Is the
cause Of this: Did the Judge who
had heretofore shown d deep kuUxl-
edge Of the Iaw and who had made
the best record 81 any District Judge
in the State, while Hawley. Murphy
and Belknap composed the appellate
court, suddenly forge: the las. or did
the elevation Of Judge Bigelow " the
Supreme bench introduce an element
Of personal bias into the declsi0ns o!
the court?
II Is d ~well.known fact that Judge
Bigelo~ entertained q bitter feeling
toward Judge Fitzgerald on account
Of matters growing out Of the district,
ing Of the State when they were both
District Judges. ls II not possible
that these feelings were carried on
the Supreme bench aud found ven
III the frequent reyersals Of Judge
Fitzgerald while Judge Bige!ow Wa
d member 81 the highest court!
Judge BigelOH with all his kuow.
ledge and ability as a lawyer, hi,
purity Of character and worth as 4
citizen Is d maj u strong prejUdicet
who frequently permits those pref
udices 10 control his action To the
excluslOn ~ his better judgement
That HE ASSOCIATED Ou the bench we're
- times influenced by his gtronl
viii and intellectually We do no
doubt.
While Judge BigelUw was d mem
Der VI the Supreme Court, the re
ports show that Judge FitzgeralC
was reversed ten times aud that IL
these cases Judge BigeIow wrot.
seven opinions for reversal. In
two Otner cases where Judge Fitz
gerald's decisions were affirmed by
majority u die Court. Judge Bige,
low took pains 10 write dissenting
opinions.
Volume % IL the last published
YOiUme Of the Nevada Supreme
Cont reports. Volumes 20. q. 9.
and % show that ont NJ the rs case
appealed from Judge F'itzgerald'l
court, during the period covered b.,
these volumes, 81 were affirmed and
II reversed. Those II incl uie the
ten rcvcrsaIs while Judge Bigeiow
was on the bench. Judge Fitzyer.
aids percentage Of rcyersHls il Hl{
while Of ell the other appeal case,
decided during the same pGrioI 81
per cent were reversed.
Some Of the reversals ~ Judge
Fitzgerald have been severely
criticised by members Ot the lega
profession. Tho learned editor Of the
American State Reports IN a ten
page note tD the case Of Watt ys
Tho Nevada Central Railroad Com,
pany in which the Supreme COur,
first reversed and then modified the
judgment rendered by Judge Fitz
gerald shows how erroneous 10 the
decisi0n Ot the Supreme court aud
finally calls that decision "spoliatiOn'
tG2 American State Reports, pages
100 to 1907
Judge Fitzgerald In held in high
honor aud estG1m by the people 81
lIia District and Of the State nj Inrge
md they will show at the polls that
his record Inns manifested both q
knowledge Of the law md the back
bone to stand by TINT kDowledgc 70
gardlcss OF tho pressure III higt
pieces,