Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1909-08-28
TOO MUCH LAW TOO LITTLE JUSTICE.

How often are we confronted with the expression that there is too
much law in this land Of ours and too little justice. Much as the citizen
ship Of the country generally holds the courts Of the land in the highest
regard and esteem, there are times at least when one is compelled TT
Recently Judge Pike sitting in the district court at Reno handed
down a decision that the Postal Telegraph, which is endeayoring to do
business in this state, was not entitled to traverse any of the rights OF
way held in ownership by the Southern Pacific road. It is not the desire
Of this paper to question the motives which prompted the iurist after
hearing the case presented. but to use plain and emphatic English, it
looks to the Bonanza like a damn shame Undoubtedly the decision is
based on the strict letter OF tn. law but il brings u face . ace again
with that tme-worn expression, as above quoted, that there is too much
law and too little justice
God speed the day when Nevada will be released from the strange
hold in which it is held by that avaracious octopus that for years has
been sapping the life blood and vitality of this commonwealth. Without
even insmuating either by open expression or innuendo that Judge Pike
erred in his findings 1t is a matter Of COMMON knowledge that in the
years past the Southern Pacific controlled the courts of Nevada. The
word of the corporation was law. However, since death called BLACK"
Wallace there has been a little relaxation, but not enough to cause any
hurrah. The Southern Pacific has kept up its fight to compel the people
Of this state to bend their knees in suppliance to its mandates How
they have done it is a matter that calls for no comment.
But to revert to the decision of the court: Within the confines of
Nevada there is not a man but who knows that whenever the Southern
Pacific wished to cut through a farmers land all that was necessary for
it to do was to seek the assistance of the courts. A board of appraisers
was appointed by the bench, usually consisting of three parties, one to
represent the farmer, one the railroad and another who was supposed to
oe sneiesteu n same rue reVan ouas' y "oK pt a 10 Time
for the railroad to get what it wanted, usually at figures incommensurae
with the value of the land.
How different the case when another company wishes to use the
right of way of the Hartman road. The Postal Telegraph was willing,
and so expressed itself, to abide the decision of a board of appraisers; it
had no objection to paying what was right and just, but the courts have
interviewed to say that it cannot dare to get from the Southern Pacific
that which the latter may get from the low1y citizen. That may be the
law. but in all seriousness it does not SAVIOR of justice.
Without courts of justice this would be a poor land indeed. Withal.
there are times when the citizen IS actually confronted with what appears
10 D. their negligence From the highest tribunals decisions are handed
down from time to time which draws forth a smile upon the countenanee
of the citizen with Intelligence enough to read between the lines. Here
we find a rich offender Of the law being freed because the indictment was
not in accordance with the strict letter of the law, or because it's phrase,
oogy was in some manner ungramatical enough to cause its mfsinterpre-
taion. On the other hand we find a decision which says that the spirit
Of the law was such and such and despite the fact Of laundering in the
framing of the bill which was enacted into law, the legislature certainly
meant this and that when it passed the bill Why are these lines so
closely drawn
Tom Hickey, for instance, is a free mar today because If certain
errors in the banking law. Was it the intention of the legislature to
protect men of his TX or was it the desire to pass a law which would
punish al offender OF its provisions? The reader may draw his own CON
illusions. The spirit Of the law MIGHT have convicted. the letter DID
hberate him.
This raises the question IS to whether or not it is better to have
lawyers upon the supreme bench. There are many citizens of a high
standing of intelligence who believe that men of socaHed horse sense
would better conserve the ends Of Justice than they who spend their
hours delVing into the teehnicalihes of the law which at best present
loophoes through which even the most hardened criminals may crawl
That it requires more than average intelligence to act in the capacity
OF supreme Judge has never been shown. The case is sent up as it was
tried. A library is at command with volume after volume dealing with
IN subject lie who understands what he reads and who is honest can
NIL the office The average practeing attorney must needs be better
qualified than he who sits TO Judge. It requires a deal more intelligence
to present apcase than to interpret it.
In the opinion of the Bonanza there are too many courts in the land
While this article was not intended to deal with the supreme court. this
paper believes that it is a superfuty. Likewise is the grand Jury Al
Institution devoid of real accomplishment