The Nevada journal., 1856-12-12


we fell into an error, as some of our CO.
temporanes have likewise done, in re-
gard TO the proportion of the State debt
virtually repudiated by the decision. In
conversing with legal gentleman of
this city, who thinks for himself and
sometimes for others, we are made
sensible that the aohole of the present
Indebtedness is declared unconstitutional
by the Supreme Court We imbibed
the opinion, as many others have done
on reading the decision, that 100000
of the State debt, the amount of debt
allowed by the constitution to be
created, was valid. Such appears not
to be the fact. The first 100000 out
standing against the State in the shape
of debt, was constitutionally incurred,
but that amount was exceeded by the
first Legislature of California, if we are
not mistaken, and has long since been
paid. Every dollar of debt created
afterward was unconstitutionally created
and consequently void The payment
of the constitutional debt does not ne
cessarily legalize another $500, 900; or,
in other words, it does not follow that any
portion of debt unconstitutionalIy in
Cured can be made more valid by sweep
ing away good debt before it.
The whole debt of the State, then
being now made unconstitutional and
void, it follows that the Legislature
about to assemble can expend the reve-
nue. of the State in appropriations for
the coming year, and go farther and
create a debt of 100000. This is an
unfortunate aspect of public affairs
We had hoped, under former view of
the decision, that want of funds to
operate upon would compel the incoming
Legislature to leave the Capitol early,
or starve, but a margin of three hundred
thousand dollars opens too fattering
prospects of a long session, and pabulum
enough to feed it,
~ -DEBT OF THE Cry We understand
the Board of Trustees have seriously
considered the subject of increasing the
debt ofthe city to sum at their plea
sure, over and above the five thousand
dollars limited by the act of incorpora-
ton. They entertain the opinion, it is
said, that because there is no punish
ment affixed to so palpable violation
of the law under which the city govern
mert was organized, and by virtue of
which the officials themselves hold their
places, there is nothing to prohibit them
from issuing scrip to the amount of fifty
thousand dollars or more. Perhaps no
section in our criminal code can reach
officials who disregard plain provision
of the statute, like the last section of
the act to incorporate the city ofNevada,
but there is one check upon such acts of
folly, which will secure our citizens
against the accumulation of debt be-
yond their means, and beyond the
amount limited by law. Every dollar
of scrip issued after the limits of law
have been attained, is worthless, and he
who takes it in payment of dues as well
as he who purchases it, must do so with
full knowledge of its utter want of
value. We learn that the debt of the
city has already reached the amount
limited by statute, or nearly so; con-
sequently the receivers of scrip issued
hereafters%until the debt is decreased,
must do it at their peril. We apprehend
when the facts are fully known, few
persons will give much faith to city scrip
issued solely on the authority of board
of officials exceeding their powers
Fear Of loss will be apt to confne the
debt of the city to decent limits, if no.
thing else.
DEvILIsH, IF TRUE.-We are in
formed that a negro boy by some means
got himself into the Theatre, where he
should not have been, on Wednesday
night, and certain hombre, well known
about town, attempting to take him, he
took to the street. While on the run
down Main street, his pursurer drew a
pistol and fired at him. If the pursuer
intended to shoot the boy, he is a
diabolian; if he intended to scare him,
there is an ordinance against discharg-
ing firearms in the street
THROUGH BY DIsPATCH-We see by
an advertisement in the Union, as well
as by notice, that Mr. B. Tallman will