Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-09-23

late requiring respondents as Commits
,ionees Of Nye county to carry out the
provfsions Of an Act passed by our
last Legislature, Nevada Statute 1903.
Rage 1852. which directs. that sittinss
Of the District Court shah be held ut |
The town Of Tonopah whenever the
people Of that portion OF thea county |
lying nearer or more conveniently sft-
uated to that town than 70 Delnoats
the county seat. shah be accommodated
thereby, or when such sittinss in the
opinion Of the District Judge. shall
be more economical to the litisants.
We quote; Sec. 4, The sittings q. the
District Court, or session thereof. held
In the town Of Tonopah shall be the
same in validity and effect - r. held
IN the town Of Belmont, and shall be
90 held for the accommodation Of the
people, for the accommodation and con-
veuience Of the litiEants, witnesses
and Jurors, and for the purpose Of gi,-
ing greater publicity to the proceed
ings of such court than II held in the
town OF Belmont, Section S. The Couu-
ty Commissioners Of ~Nye county shall
provide the proper rooms for the use
Of the court and clerk"
Respondents have failed to provide
the rooms designated. Petitioner as
serts, and it is conceded, that the town
Of Belmont, the county seat, is dis
.tant from the town Of Tonopah fifty
miles. and eighty-Ave miles from Aus
tin in Lander county, the nearest and
most convenient railroad station !;
that there Is no Geographic or tele-
phone service between Belmont and
the world at large and especially with
Tonopah; that the only communication
between the latter place and Belmont
is by United States mail, which is
forwarded by way of Sodaville AMI
from there through several counties
by rail to Austin, and thence by stage
to Belmont, requiring several days il
transit; that the population Of NY
county is about five thousand inhabi
tants, and Of these that about fou
thousand reside in or nearer to Tone
pah than to Belmont; that all sitting
Of the District Court are held at Be
mont, and that If q part of them ar
held at Tonopah, as provided for j
the Act mentioned, great savin
will be made to the county in paymer
of fees and mileage to jurors, and
large number of litigants and person
having business with the Distri'
court will be accommodated. The que
ton involved is controlled by Act v
Sec. Z, of our State Constitution, whie
requires that, the terms Of the S
preme Court shall be held at the Sc
OF government, and the terms of Il
District Court shall be held at q
county seats Of their respective COZ
ties; provided, that in case any cot
ty shall hereafter be divided into t
or more districts, the Legislature m
by law, designate the place of holdi
court in such districts"
AS shown by reference to the @
stitutional Debates, the opponents
this Section failed in a strong eff
to prevent it's insertion and after
jections, discussion, and due cons
Grafton it was inserted by the fran
and adopted by the people OF tn
sovereign capacity and became the
preme law of the State buildings,
Legislature and courts until abroga
or modified by the same august po'
by which 1t had been created.
This statute does not attempt. to
ate or name new district, nor to
vide the county, nor to Ak by and
Unite boundary the part q the COZ
from which the judicial business VI
be heard and determined ct Tonol
Although there are other towns
Continued on Column 1. Page
45r>