The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1902-12-20
CONSTITUTION SAYS NO.
The Question OF Creating q New In
dfcfal District.

dfcfAl Distrfcts
The SENTINEL learns that the matter Of
creating two Judicial districts ont Of the
Third Judicial District-Eureks, Lander
and Nys oounties-by an Aot Of the ON
ing Legislature is being seriously sgitatsd
in certain quarters. The intention seems to
be TO constitute Nye county . separate dis
trict in consequence of the expected in.
crease in law business over there, predi-
GATED upon the stability of Tonopsh.
There also seems to be an impression pre-
vsiling TO the effect that snch an Act if
passed may be made to take effect imme-
diately. Such, however, is not the case.
except upon the happening Of one of "
things. namely. in the case of . vacancy or
the expiration of the term Of an incumbent
Of the Office.
Section 5 of Article 6 OF our State Con-
stitution bearing on this point is as follows:
The Legislature may, however. provide by
Law for an alteration in the bound Ariss or di.
visions Of the districts herein prescribed, and
also for increasing or diminishing the nnm-
Der Of Judicial districts and Judges therein.
But no such change shall take effect eT-
cept an case Of a uacancy,. n the erpira-
ton of the term Of an incumbent Of the
Office"
The excerpt from tbs section Of the Con.
ssitution referred to has. on several occa-
%sions. been construed by our Supreme
Court in conformity with the aforesaid
views.
Such . segregation Of the district could
just a. we'll be made by an Act Of the Legis-
lature two years hence, as at it's next SEES
session, with this advantage, that by that
time the necessity for the anne may be
fully determined.
The same rule applies to the place where
provides ~ = = and the terms Of
the District Courts shall be held ct the
county seats Of their respective counties;
PROVIDED, that in case any county shall be
hereafter divided into two or more dis
t%ricts, the Legislature may, by law, desig.
nate the place Of holding courts in such
Districts"
Therefore, the only way by which court
may be held in . place other than the
county seat would be by . division Of .
COUNTY into two or more districts, or by an
Act changing the county seat.
In connection with the foregoing we may
add that quite recently 10 . conversation
with the District Judge-elsct of this dis.
trict be made use Of the following language:
"Unless the roads to Austin and Belmont
take fight into the stellar world in the
near future, there will be no just cause. it
/ can help il. for complaint upon the part
Of l~itigants or lawyers on the ground OF
irrsgularity in the time or infrequenoy Of
the times Of holding court in this district.
II is the intention of Judge Breen to give
Nye and Lander counties four regular terms
Of court throughout the year. or one every
three months. He thinks regular forms
are far preferable to haphazard ones. for
the reason that when attorneys and clients
know the exact time, year in and year out.
when court will convene. they will work up
to that time and have their business in shape
for the term, and. except on rare occasions.
be without legitimate excuse for failure to be
ready.
Hitherto Nys county for . great many
years has had but two terms OF court each
year, and Lander and Eureka three each.
hence it can be seen 1T once that under the
new regime . full accommodation and am
pie opportunity will be given TO ell.