The Placer herald., 1856-12-13

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We regard the people of this State as honest
and highminded as those of any other body poll
tic, but whilst our circumstances are essentially
different from others, the cupidy of men is the
same in all countries, and the prudent legislator
will provide proper curb to it, and protection to
the trusting creditor.
This is splendid subject for Buncombe, and no
doubt we shall hei much of it before the session
closes, but we have an abiding confidence in the
better judgment of the Legislative body.
The Supreme Court and the State Debt.
This Court during the court week, has rem
dered one of the most important decisions
to the people of the State, since its existence.
The press generally regard it as exceedingly
strange, although admitting that the subject
of the ruling has been subject of discussion
through the papers of the day, and of elabo-
rate speeches upon the stump. The decision
of the case as published is quite lengthy, we
extract sufficient to show the important point
ruled upon, the reasons, and the remedy their
honors were good enough to suggest:
! j.
was bill in equity filed in the Court below by
! the Attorney General, against j. Neely johnson,
! Governor of the State of California, John A.
Brewster Surveyor General, and David F. Doug
| lass, Secretary of State. Board of Commissions
ers by an act of the Legislature entitled ian act
to provide for the survey and construction of a
wagon road to the Sierra Nevada Mountains to
enioin said Commissioners from entering into any
contract for the construction of said road, for
the reason that said act is unconstitutional and
void.
The bill shows that said Commissions were
thorized to contract for the construction of said
road at Il price not exceeding the sum OF one
hundred thousand dollars, and that at the time
of the passage of the said act the State of Cali
fornia was indebted in the exceeding $780,
000: that the aggregate Indebtedness of the State
over and above the sum sought TO he appropriated
exceeded the sum of one million Of dollars, and
that said act contained no provision submitting
said appropriation to the people; neither had the
previous Indebtedness been submitted to and rati-
fed by vote of the people, as required by the
Constitution of the State.
The facts of the agreed on. so that the
single point presented for our consideration is
whether the act of the Sth Of April, 1855, is in
contraventiOn of the Sth article of the Constitu-
tiOn not. The language of the article is as fol-
lows: ''The Legislature shall not in any manner
create any debt or debts, liability liabilities
which shall sngly or in the aggregate, with any
previous debts or liabilities, exceed the sum OF
three hundred thousand dollars, except in case of
war, to repel invasion, or suppress insurrectiOn,
unless the same shall be authorized by some law
for some single object work to be distinctly
specified therein, which law shall provide ways
and means exclusive of loans, for the payment
of the interest of such debt liability, as it falls
due. and also pay and discharge the principal OF
such debt or liability within twenty years from
the time of the contracting thereof, and shall be
rreparable until the principal and interest there
on shall be paid and discharged; but no such law
shall take effect until at general election, 1t
shall have been submitted to the people, and
have received majority of all the votes cast for
and against it at such election; and all money
raised 10y authority of such law, shall be applied
only to the specific object therein stated, or to the
payment of the debt therein created; and such
law shall be published in at least one newspaper
in each judicial district. if be published there
in throughout the State. for three months next
preceding the election at which it is submitted to
the people"
1t is somewhat singular that this question, in
volving as it does, such vital interest to the peo
pie of this State, has never been raised in this
Court before. 1t has been made the subject of
Legislative discussions and Executive messages
but there seems to have been general dsposl-
ton on the part of all, to give it the go-by, and
the power of the Legislature to contract debt OF
more than S300.O00, except in the manner pro-
vded in the Constitution, has never before within
our knowledge, been questioned in any Court oil
justice.
This feature of our constitution was admirably
designed to check the improvident expenditure OF
money. AMI the accumulation of taxes. The peo-
pie refused to part with the exclusive right, ana
therefore restricted the authority of the Legis-
lature within certain bounds. reserving to them
selves the power of determining beyond such
limits.
That the article not intended simply as
limitation on the power to borrow money, Is evil
dent from its language; the words are, shaH nof
in any manner create any debt or debfs, hd6Hty
or liabilities which singly or in the aggregate
&C. &c. A debt or liability may be created, IN
other ways than by the borrowing OF money;t
NAV be created by appropriation when there Is no
money to meet it; it may be created by drawing
on fund where there is no cash in the Treasury,
or incoming revenue to satisfy such drafts; 1t may
be done in various ways Yet the stern letter OF
the Constitution imperatively torblds the Legls-
lature from creating in any manner, except III
the mode pointed out such debts or liabilities.
Before closing. it may not be improper to lnti-
mate our opinion with regard to the manner IN
which the present Indebtedness OF the State can
be legalized as we cannot entertain doubt lhat
the people of the State will act in good faitn III
this behalf and that they are as jealous OF her
honor as they would be of their own.
We have no fears. thar those who have adopted
California as their future home, who nave iaIo
broad the foundations of an Empire on Inc Iacliic
coast will never permit her faith to be question
ed. or her name to be branded with reputation:
We have an abiding faith in the ingenuity ana
Justice of the people, and believe that while tney
will readily assent to any measure to secare lne I
payment Of our present Indebtedness, they VIII
take heed how they incur such Obligations IN Inc
future
If we are warranted in this opinion, the Legs
lature can at its next session. adopt the present IN
debtedness of the State, and may go farther, ana
by making appropriations for the future necessa-
ry expenses of the Government, over and above
! tho Inn hn mo n
the stb article of the Constitution, to the people,
for ratification.
In conclusion, we would add, that we do not
wish to be understood az rejecting in any manner
upon either OF the other departments OF the GOV