The Nevada journal., 1853-04-08
States PRISON Con:sacs.

An able report is published in refer
encc to the States Prison Contract by
the joint committee, in which it is fully
demonstrated that tho law under which
that contract was made is nullity.--
The report establishes by positive evi-
dence that the law passed tho Senate
with n restrictive clause it nu-
thorized an expenditure ofonly 00,00O;
but it ascribcs to mistake Of the en-
crossing clerk rather than to surrepti-
tious means, tho absence Of the clause in
the bill as now existing. The report
justly argues =
"Tho error must be considered simp-
ly clerical OMISSION either on the part
of the Secretary Of the Senate, in not in
cooperating it in The body of the bill, or
Of the enrolling or copying clerk in tram
scribing the same. The proposition Of
by recognition on the part of
the Legislature Of seeming law. that
clearly never received the endorsement
of the law making power, would be cs
tablishing u precedent that should make
US pause, and consider we'll its effects
An accident or mistake of similar char
acter might at some future time cmbar-
ass tho financial position of the State as
to involve her in hopeless bankruptcy.
Such, even might have been the case
with thu law under consideration. The
same authority recognizes an expendi-
ture Of u million Of dollars would have
been equally binding upon any other
contract of the Commissioners, and to
an indefinite amount. Tho Supreme
Court of California has already asserted
the right to SO behind the prina .fccie
evidence of the authenticity Of law,
and examine in every particular, as to
the constitutional compliance in the en-
rollment, passage and signing of the
same tFowlor D. Pierce, People u.
Clark) In this they have only adopted
the preccdcnts established in other
States. I'd Hill, People .. Purdy 25
IFondell, Hunt U. Van Alstyne.) with
how much greater propriety do we pro-
ceed to investigate the matter under
consideration ! Not q departure from
the more formalites required to give Of
feet to a law, but the recognizing as law
that which never substantially received
the necessary assent of either branch of
the law-making power, and which COM
mon sense at least would decide could
consequently have no efficacy or binding
force upon the State, Your Committee
can take but one Wow Of the matter =;
that the finances OF the Stale are not to
be the subject Of accidents and mistakes
of such u nature as these indicated in
the passage of the law, but are entitled
to the samo benefit Of well established
rules of construction, and the same man
nor of relief as individualsin like cases" "
1t is also shown that the commission
ers exceeded their power by extending
the time for their reception of proposals
beyond that allowed by the Lcaislaturc.
In reference to the restriction in the
constitution to the creation of debt by
Legislature, the report says
Your Committee find by the estimates
made by r. Clark, a gentleman enjoying
high reputation as competent archi-
tect and an experienced builder that
under Mr. Vassault's bid the cost of the
Prison building will reach $500, 900, dnd
probably over Sl,000,000, Against this
heavy outlay of money, the fundamental
law OF tho State interposes its protecting
hand, and nulli6es at least three fourths
Of the contemplated expenditure, The
language Of the section of the Constitu-
ton curtailing the power of the Lcgisla-
ture 10 croate debts beyond q certain
limit, Is sufficiently plain 20 enable the