The Nevada Democrat., 1857-01-28
Legislature.
WEDNESDAY, Jan. 81, Is;
srslrE-Mr. Cofroth offered the following:

SvS,rE-Mr. Coifroth offered the following
p.,o,,,d That the Controller of State be re-
ruested to inform the Senate the amount OF war
rants drawn upon the State Treasury from the
neriod of the organization of the State Govern
ruent until the close of the first session OF the
Legislature.
,;od of the session for a notice of the introduc-
tion of a bill concerning the State Indebtedness,
hnt had waited in vain. He had offered this
resolution, trusting thereby he might gain the
desired information, then he might probably
give notice of the Introduction of such a bill
Mr.. McCallum-If the adoption of this reso-
luton is to be regarded as the judgment of the
Senate as to what part of the State debt is con-
stitutonal, and what is not, l trust it will not
mass. | do not understand as many do, that
the Supreme Court has decided that the bonds
issued as evidences of the Indebtedness OF this
State, have ever been decided unconstitutional.
Upon the contrary, decision has been render
ed but few days since, by the same District
Court from which an appeal had been taken in
the case of the Attorney General vs. the Board
of Wagon Road Commissioners, which would
seem to imply that the bonds of the State are
evidences of Indebtedness, and inasmuch as
some of the bonds were issued as evidences OF
Indebtedness during the first session OF the Lee
gislature, the presumption would be in favor OF
their legality.
Mr.. Chase said he conceived the Senator from
El Dorado took an erroneous view of the mat
ter The Judge of the District Court, to whose
decision the Senator alluded, held that por-
ton of the Indebtedness incurred by the State
as valid and no facts having been shown to the
contrary, the presumption would be in favor of
the validity of the bonds issued by the State
but if it was proposed to submit the matter to a
vote of the people, we wanted to know what
portion of the State Indebtedness had been
strictly allowed by the constitution and what
had not. There was no necessity for submitting
no vote of the people any portion of the debt
that had been contracted by the first Legsla-
ture. This was simply resolution of inquiry,
to ascertain how much of the State Indebtedness
had arisen in strict accordance with the consti-
tuition of our State, and that was the whole OBJ
ject of the resolution.
He (Mr. Chase) thought the resolution should
be adopted. The Senator from FL Dorado must
be aware that in every case of this nature that
was tried in the courts che question would come
UP, was it or was it not constitutional debt ?
II would be much the best plan to ascertain
what portion of the State debt had been legally
contracted, and what portion had not. and this
information gained, the committee could then
bring in a bill recommending the people to rat
ify that portion of the debt that was not consti-
tutional.
Resolution adopted.
AssENBLY-Mr. McKune introduced bill for
Fan act concerning the Office Of State Treasurer.
The bill was considered in committee of whole.
The following were the provisions Of the bill
Section LIST. The State Treasurer is hereby re-
,quired to retain in his custody and possession,
and in the vaults of the Treasury, all moneys
now therein, or which may hereafter come to
his hands as Treasurer, until such moneys shall
be appropriated byan act hereafter to be passed.
Section I'd. If the said State Treasurer shall
fail or neglect to comply with the provisions of
Section LIST of this act, he shall be deemed gull
ty of felony, and shall be punished on convic-
tion by Imprisonment in the State Prison not
less than five nor more than ten years, shall for
felt his office, and be subject to impeachment
and immediate removal from such office.
Section Sd repeats all acts conflicting with this
The bill was amended in committee so as not
to prevent the payment of warrants legally
drawn upon the School, Hospital and Insane
Asylum funds.
The bill was read third time and passed al
most unanimously.
A communication was read from the State
Treasurer denying that any monies had been
paid out by him to subscrve private interests,
and calling upon the Legislature to investigate
the matter, that he might be placed in proper
position before the public.