The Trinity journal., 1856-12-20

ifested towards and heaped upon the head of the
Supreme Court of California. 1t seems to have
become popular in measure to keep up this base
temerity of scorn and false Interpretation upon
the acts and opinions of the Supreme bench, and
it appears still more strange and curious when
we examine the reasonings of those who assal the
Court and find them completely barren of any le
gal argument or logic to support the grounds Of
their narrow, peevish and shallow opposition.
The last grand material they have found to
work upon to give vent to their legal patriotic
anger, and hurl additional abuse and contempt
upon the Court is to be found in the case of The
People Us J. Neely Johnson ct. al.
This was bill in equity filed in the Court be.
low by the Attorney General, against J. Neely
johnson, Governor of the State of California. j
a. Brewster, Surveyor General and David +
Douglass, Secretary of State, Board Of Com
missioners by virtue of an act of the Legislature
entitled An act to provide for the survey and
construction of wagon road to the Sierra Neva-
da Mountains, to enjoin said Commissioners from
entering into any contract for the construction
OF said road, for the reason that said act is un-
constitutional and void
We very well remember the wranglng and con
tention of certain parties in the Legislature OF
'55 to push the Bill through and secure its pas
sage. The great Importance which would result
to the State. was the grounds taken by its vari-
Gus advocates, but in reality the peculiar advan-
tages and benefits to be derived by those local
sections through which the road was intended to
run, and the expenditure of the money to be
made, was the true and genuine cause for urging
/ tho no sruna of tha RiII eo
We also recollect distinctly that the member
! from this County, Mr.. Rowe, endeavored to tack
on an amendment to another appropriation to ap-
propriate S20000to open road via Mobiles Pass.
This was asked a measure of great Importance
to the North and one which would afford great
facilities to immigration. The amount was rcduc-
ed to $751; ,000 and finally to SIS, 900 in the amend
ment, but it could not succeed. The big figure
was the only one which met with Legislative ia
vor. The constitutonality of the measure was
fully discussed by all the constitutional lawyers
and they constituted four-ffths of the Legislature
of '55. The enhanced value of the land and the
crops of the large ranches that lay upon the line
of the intended road was argued with wonderful
ability, deXterity and legal acumen But lay
ing aside all local consideration in the matter
and coming to the true point in issue, it must be
clear and obvious to the mind of every intelli-
gent citizen throughout the State except to those
who fly to the alternative of personal invactive
and unmeanng vtuperation against the Judges
of the Supreme Court that the decision made in
this case is both an able and correct one, and in
accordance with the true meaning and nterpre-
tation OF the Constitution. If we examine the re-
port of the Controller for the year 1855. We find
that the Indebtedness Of the State of California
exceeded $3,O00,0O0. five deduct the War debt
Of $900,000 which the general Government as
sumed and which has since been paid to the Com
mssoners sent on by California. our indebted
ness would still exceed $2,O0000O. Gov Bigler
in his message Of 55 referred to this War debt in
the following manner: Congress having assum-
ed the War debt and directed the sum of 1924
259 65 to be paid into the Treasury of the State
OF California will unquestonably provide for the
payment Of the balance Indeed, have ever re-
garded the entire War debt as an apparent rather
than real debt of the State the general Govern
ment being clearly liable for the payment of ev-
cry cent of it," The amount OF outstanding
Bonds, or rather the indebtedness of California
at present is some considerable over So, 400 900,
and if the appropriation of another 500, 900 for
the great vs. road was made, and still another
100000 to uuild capitol at Sacramento, the
financial difficulties, embarrassments and indebt.
cdness of the State would again be swelcd to
the amount of nearly $4,000, 600 In numerous
instances where contracts were made with indi-
viduals to perform certain services for the State,
double prices were paid, and not only that but
frequently an additional amount of 20, 80 and
40 per cent was allowed to indemnify parties for
the loss sustained by the depreciation of State
scrip. If this state of things had continued how
in the name of heaven was California to ever ex-
tricatc herself from this fcarfully increasing debt
AS to the correctness of this opinion of the Su-
preme Court and its constitutionality there can
not be the least doubt when we read the follow
ing article of the Constitution upon which it is
based:
ART. STH.-The Legislature shall not in any
manner create any debt or debts, liability or liza
bilities, which shall sngly or in the aggregate,
with any previous debts or liabilities exceed the
Gaze Of war, to repel INVASION or suppress insur-
rection, unless the same shall be authorized by
some law for some single object or work to be
distinctly specified therein, which law shall pro
vide ways and means exclusive of loans, for the
payment OF the interest Of such debt or liability
as it falls due, and also pay and 'scharge the
principal of such debt or liability within twenty
years from the time of the contracting thereof
and shall he irrepealable until the principal and
interest thereon shall be paid and discharged
but no such law shall take effect until at gencr-
al election it shall have been submitted to the
people, and have received majority of all the
votes cast for and against it at such election
aud all money raised by authority of such law he
applied only to the specific object therein stated,
or to the payment Of the debt thereby created
and such law shall be published in at least one
newspaper in each judicial district, if one be pub
lished therein, for three months next preceding
the election at which it is submitted to the people
Can anything be more plain than the above p
With regard to the other pretexts taken by those
who arrogatc TO themselves the right to reblke