The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1902-12-25
SAYS
No.

The Eureka Sentinel learns that the
matter of creating two judicial districts
out OF the Third Judicial District -Eu-
reka, Lander and Nye counties-by an
Act of the coming Legislature is being
seriously agitated in certain quarters.
The intention seems to be to constitute
Nye county separate district in conse-
quence of the expected increase in law
business over there, predicted upon the
stability of Tonopah. There also seems
to be an impression prevailing to the
effect that such an Act il passed may be
made to take effect Immediately. Such,
however, is not the case, except upon
the happenings of one of two things,
namely, in the case of vacancy or the
expiration of the term OF an incumbent
OF the Office.
Section 8 of Article OF our State
Constitution bearing on this point is as
fol ows:
"The Legislature may, however, pro-
vide by law for an alteration in the
boundaries or divisions OF the districts
herein prescribed, and also for increas-
log or diminishing the number Of ju-
dicial districts and Judges therein. But
no such change shall take effect except
in case of vacancy, or the expiration Of
the term of an incumbent Of an Office"
The excerpt from the section of the
Constitution referred to has, on several
occasions, been construed by our Su-
preme Court in conformity with the
aforesaid views.
Such segregation of the district
could just as we'll be made by an Act of
the Legislature two years hence, as at its
next session, with this advantage, that
by that time the necessity for the same
may be fully determined.
The same rule applies to the place
where Court shall be held. Section of
Article provides ~ sand
the terms Of the District Courts shall be
held at the county seats of their respect.
i've counties; provided, that in case any
county shall be hereafter divided into
two or more districts, the Legislature
may. by law, designate the place of hold
ing courts in such districts"
The refore, the only way by which
court may be held in place other than
the county seat would be by a 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 in conver
sation with the District Judge-elect of
this district be made use OF the follow
ing languages; UNLESS the roads to
Austin and Belmont take fight into the
stellar world in the near future, there
will be no just cause, il can help it, for
complaint upon the part OF litigants or
lawyers on the ground Of irregularity in
the time or infrequency OF the times OF
holding court in this district"
1t is the intention of Judge Breen to
give Nye and Lander counties 1our reg
ular terms of court throughout the year,
or one every three months. He thinks
regular terms are far prefera BILE to hap.
hazard 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 occa-
sions, be without legitimate excuse for
failure to be ready.
Hitherto Nye county for a great many
years has had but two terms of court
each year, and Lander and Eureka three
each, hence it can be seen at once that
under the new regime full accommo-
dation and ample opportunity will be
given to all.