The Nevada journal., 1855-05-25
How il Ended.

DY inc CHGOp Ot Saturday IdSG We see
an account of the progress and end Of the
suit brought by Messrs. Gish and Wood
ward, late proprietors Of The Statesman,
against Senator Gwin and Mr. Harden
burgh. The complaint and answer IN
this case we gave TO our readers some
time since, and we need but to remark
that this suit is founded upon an alleged
violation Of d contract by Gwin and Har
denburgh, entered into by them with the
plaintiffs in 1884, by which the plaintiffs
agreed to establish and publish in Sacra-
mento daily paper, to advocate the cleo
ton Of Gwin to the .. s. Senate, and to
be devoted to his interests and success
and by which the defendants agreed to
pay the plaintiffs 1900 in cash, and to
furnish il addition from time to time suf-
Gcient sums to keep the paper going, and
to repair any losses the paper might sus-
tain-further that Gwin agreed to pro-
cure for the paper the printing Of the laws
of the United States, and their discontin-
uancc in the Empire County Argus, the
latter being opposed 70 the election Of
Gwin. The plaintiffs performed their
part of the contract, and published the pa
per advocating Gwin's reelection, whereas
the defendants performed no part of theirs,
&c. The answer denies the statements
Of the complaint, and might receive pub
lie credit, in spite Of the known character
Of Gwin, were it not coupled with a de-
murrer upon grounds that irresistibly es-
tablish the. conclusion that proofs of the
contract as alleged in the complaint are
in possession Of the plaintiffs We copy
from the Union as follows:
a demurrer was filed by defendant Har.
denburgh with his answer, i'll which he states
that he :. demurs to the plaintiffs complaint
because it appears upon the face thereof that
thc complaint does not state facts sufficient to
constitute a cause Of action 1t appears from
said complaint that this action is brought to
recover damages sustained by the breach Of q
contract or agreement set forth in said com
plaiht which contract or agreement as therein
mentioned and described, is illegal and void
because lst. 1t unqucstionabIy contravcnes
public policy 2nd. 1t is manilestly injur-
ious to the interests of the State; 81. 1t is
maniieslly injurious to the interests of the
Federal Government and Of the Union"
rbn
Monson yesterday and sustained. AS the
complaint cannot be amended in this particu
lar without destroying the gist of the action
the suit will doubt less be discontinued"
Of the correctness of the decision oI
Judge Monson there is no doubt, but in
what position does this disposition Of the
suit leave DR.. Gwin Why, that he
sneaks out of contract in itself illegal
and subversiye of law, because it is so
after rcaping ali the benefits, and paying
none of the forfcits, of his disregard o.
"pubic policy" Had this alleged con
tract been fabrication, what man woulC
have failed to say, bring on the proofs, !
viii abide the issue! But the public vii
be slow to believe him innocent Of con-
duet " injurious to the interests Of tho
State" injurious to the interests of the
Federal government and of the Union,
after the course he has taken. The fat(
Of Messrs Gish and Woodward shows tc
the supporters Of this arch demagoguc
how much faith may be reposed in hi:
promises, even in his contracts, and the
developments Of this suit show to the pub
lie the character Of the man who aims fol
still more preferment.