The Empire County argus., 1854-02-11

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ate. There is little doubt that the wings had they
succeeded in the late elections would lave brought
on the election this winter"
The rostponement of the election will embarrass
legislation other subjects. In relation to this the
State Jcurnoi Of Nov 10Th. remarks
= f deferred to another session. it is useless to de-
ny that nearly or remotely it will affect almost
ry question Of Importance that must be acted upon.
Every true friend Of the State must deprecate that
questions should not be discussed and acted upon
with single reference to their intrinsic merits, but
that they are not, when oyershadowcd by others
more important, is proved hy the history Of every
| legislative body that ever assembled.
I'VE believe that the certainty Of wise and Judi
clons legislation during the coming two years de-
ponds upon the carly settlement Of this subject and
to be proved need. only reference to past legisa
tons, whca grave and improper questions are at is
sue. Therefore, beevin. in the constitutionality
and legality of the election Of an L. S. Senator at
the coming session, think it is The duty Of the
Legislature not only to take action on tie subject
bat that the people may not be disappointed in their
hopes ot wise legislation, that action should lie lsd
at early day. before tie success Of other equally
imprtan measures lccom ert inelcd in the chan
ccs Of success Of that numerous holy Of politicians,
the ambition Of each Of whom leads him to hope
that the passage defeat Of certain measures will
secure him sufficient number Of votes to place the
prospects of himself or fayore in the ascendant"
That the election this winter will benefit the
democratic party is evident from thc tone and man
ner of those opposed to such election By leaving it
an open question, personal rivalry and JEALOUS
les will be apt to spring up which may raraze the
power Of the democratic party, and if it does not
throw the State into the hands of the Wings it may
to be unreprescntsl in the senate OF the Uni
ted States for at least term. In speaking Of the
benefit to the party, the State Journal, Of January
| 10Th, asks:
Is desirable to have Democrat elected to the utci
States senate. the successor Of DR. Gwin p! VIII the
prospects -, 'nc 'iicuoh Oh democrat be better ~ D.
han now when We have majority Of four joint
bao, Are the members of this Legislature any less ca-
paG Of choosing proper person, than their successors
/ Again, in its issue Of the same date it says
If the 81 cction shall be deferred until another session
it will enter largely into the next 1t be
kept ont. Even the of nominees
depend on this issue But whether they shall I've de-
eate or elected. county conventions TO nominate
diatos for the next legislature, viii he sserbi The
ren'S OF the sc'2T" sfanis 10 this important anu hon
o1a!2 oHce One party must he successful in county.
while another may be in another and have had enough
ofholter3 IN the lat campaign to know that there many
suchwho yet claim to belong to the party and who VIII be
paGtakers in thee conventions: If they cannot get the
friends of their own they will holt again in bales,
and il close counties, such San Francisco Sacramento
san Joaquin, luba, TGolumne, Caaver.s, I'll Dorado,
Placer and Nevada. all large ones-e Democratic party
will probably be defeated and the Wings gain mai6rv
perhaps large joint ballot. 1t is for these reasons
That advocate an election at the present session II i.
to the Of the Democratic party and the present and
future welfare Of California; that say. elect cow We
have the po"er in oar onn hands, Shall give it w
with surety that shall hold it again in
oonIsn the election Of the L. : senator, and with
strong probability that may not.'
i In taxing a review of the whole ground on both
sides Of the question, the Sonora UsfGI in conclu-
ding lengthy, an able and interesting article on
the election, says:
We have not the means of knowing public opinion
cei ~ gnJiou iI,n h M rhe pre-; but me HtGe J9HMa
earliest disposition of the slrct." II is that Az
oTe"hel!n= naority was given in San Francisco at the
speak, except to say hat various wrarcrs in the state
have advocated it, and their course meets the appreciation
Of their Subscribers.
Before closing, would say, that we have discussed
this question Slto% ther without reference TO We do
not know tie ,ye strength of the aose:al candidates
hat viii be hfoe the Legislature Clone thing, however.
We feel quite ctriaintha if lr Brclerick jr. Gwn
cannot IL elected this year they cannot be elected
ycat Car legislature n'w is thoroughly democratic
these two candidates well known by te and another
year viii not Increase the prospect of either There is
Why the friends Of either should olnase an mneli-
election. The opposition, however far can
gather from other and weaker SS1rrutS. who ho
at another year may bring them into more favorable no.
tice-Wi at least give tlen time to IInuf4rtUIe political
caI itai
it i cyicnt that behind the arguments against an ccc-
i'n this session. there is something potential than
guncnt. These arguments ovesth each other. fla
election would be unconsitu onal and Illegal it would
ttc bdc lfu't NJ on thc 'lle
talkcG oi-Ae umptioa of the peoples ptcrogatiye
would nG be pcIctraed The Anxiety manifested pre-
election evidence h3t the ol ouents 90 not con-
slider tina; such an election would be VOID.
OPINION OF THE ATTORNEY GENERAL.
To tic iign tic Se&Qte and 4sea,Jiy Of tie State ct
California;:
In accordance with your Concurrent resolution Of
the 10Th Instant directing the Attorney General
to prepare and present to the Legislature in
sion, opinion the legality of the location Of
School Land Warrants as now I,raciced in this
State" be- leave to submit the iollowing:-
lat. | do not think School Land Warrants can
be legally located public lands before they are
surveyed, because the Act OF Congress Of Sept 4th
l64l, donating to each Of the new States five hun
dred thousand acres of land, directs that the same
may be located after it shall have been surveyed
according to existing laws"
| n. After survey, there can be no doubt that
School Land Warrants can be legally located on pub
lie lands for the Act of Congress above referred to-
provides that TIE land granted to the State may be
selected in such manner as the State Legislature
= shall direct and cur Lcgeisature has, by the
Act Of May 3, 1882, directed such lands to be Io
Gated by the holders Of school Land Warrants whom
for this purpose, it has made the agents of the
State.
! 3D. | consider that location under our Act of
May Sd upon unsuryeyed land, can confer no right
Of possession property in such land as against
subsequent purchaser settler under the General
Government, unless it be followed IN by an actual
! e, I'll y