The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-12
The Credir or California.

We publish below the conclusion of the able
opinion OF Judge Monson, of the Sixth judicial dis
tlict OF California in the case of Joseph Nongues
d. f. Douglass ct al, lately decided by him. On
the 18th Of April 1856, the Legislature Of the State
passed an act authorizing defendants to contract
for the erection OF State Capitol, the cost Of
hundred thousand dollars. The question decided
was az to the constitutionaty of the act
providing for the erection Of that State Capitol.
Judge Monson was lately rendered by Governor
Court Of California, to fill the place made vacant by
the resignation OF Judge HeydenEeldt, but which
Judge Monson declined.
he says:-In arriving at the conclusion that the
act providing for the erection of the State Capitol is
unconstitutional and that the Legislature has no
right to create any debt or liability against the
state for any purpose whatever, beyond the consti
tutional limit, unless authorized to do so by direct
vote of the people, do not wish to be understood
expressing any opinion with regard to the Legality
legality of the bonds issued by our State Govern
ment. The rcstric contained in the Sth article
Of the Si9 did not aPpy to the first Iee
created can only be determined after investiga-
ton has been had. II may be that the fist Legsa
tnre created large portion OF the Indebtedness for
which State bonds have been issued. If, upon exa.
mnation, such should be found to be the case. the
question arises-Are not all such bonds valid and
legalyvbindiDg against the State? Fit should bic
decided that they are, then it becomes necessary
to ascertain what bonds issued for debts or liza
this investigation, il may be found impossible TO
determine, with regard 10 many OF the bonds, whe-
Their they issued for such debts liabilities or
not, what would be the decision of our courts with
regard to this class OF bonds, would they not be
thCrZed to presume in favor of their legality and
charge them against the first Legislature. These
questions and others of still greater Importance with
regard to the bonds issued by the State can only he
determined when they are properly presented for ad-
Indication; they are not involved in the decision OF
this case. hope, however, that courts will not
be forced or compelled to decide further with regard
to the legality OF the Indebtedness now charged TO
exist against the State hope that the present Le
the matter to the people, and that they will come
forward and by their votes ratify and confirm it, and
thus remove al doubt and suspicion with regard to
it.. II those whom the people selected as their
agents have created debt beyond the constitutional
limit, the agents not the only parties in fault
the people themselves are to biame-it was done
with their full knowledge, and without any attempt
sented to it by. permitting, without objection, the
government to issue public securities bearing the
signature Of the executive and other State officers
with the great kseal OF Estate attached they as
ssnted to it by permitting, without objection their
agents to levy and collect tax with which to qui.
date portion Of the principal ind to paw the in
terest due upon the debt by which acts of acques-
cence parties abroad nave been induced to place
faith and confidence in the securities issued-have
purchased and become the holders of them. Under
these circumstances, can the people, with honor re-
fuse to pay Let us be more wa.chful in the future
and zee that no such obligations again incurrcd
but as we value the growth and prosperity Of our
and position in the eyes OF the civilized world-let
us not for moment sanction endorse reputation.
The application Of a petitioner tor writ of nm
damus is denied.