Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-24
mUpDL1Na AND MUDDLING OUT.

We should not expect that we are to
glide squarely into State affairs under the
fine arch OF our Constitution, however
perfect it may appear in all its outlines,
centres, circles, connections and key
stones. We must expect the rising OF
questions which were not within the COM
prehension of the Constitutional Conven-
ton; we must expect many calls for judi
cial interpretations and many different
opinions of different sections, and parts OF
sections, upon the fundamental law
There will be true notions and false no.
tons, correct argument and sophistry,
bubbles ard quirks, and much muddlng.
The Carson Erening Post has already
commenced to muddle. 1t thus muddles
itself into the right of the lately elected
county officers to hold their offices:
Section Is of the Schedule Of the Constitu-
ton provides as follows:
call county officers under the laws OF the
Territory of Nevada at the time when the
Constitution shall take effect, whose othces
are not inconsistent with the provisions Of
this Constitution, shall continue IN ofhce
until the first Monday of January, A. D.,
1867, and until their successors are elected
and qualified" etc.
Provision is also made in respect to the
township officers and Judges Of Probate, in
accordance with the general plan of the Con-
stitution. The latter officers are to be super
coded BY the District Judges, who will per-
form both the duties Of District and Probate
Judges, There was OF course no necessity
for the reelection Of Probate Judges, when
the Office will exdire on the coming in OF the
new District Judges after the November cleo
ton. The question is now made that the
old sheriffs, auditors, treasurers, ETC., are to
hold over for 4 full new term, or until the
first Monday in January, 1867, under the
provision we have cited from section IL Of
the Schedule.
Let US test this by few inquiries into the
powers of the Constitutional Convention, and
then see il we cannot determine the intention
of the trainers Of that instrument from the
document itself. The Convention clearly
had no power propyio rigore, to interfere by
suspension or otherwise with the operation
of the laws Of the Territory. The statutes
in force provide for general election Of
Now this election must have taken place, and
the officers been elected if the people so de-
cided, and the Convention could not have
prevented it had it attempted to do SO. It
did provide that the Probate Judges should
hold over, and the people acquiesced in the
provision, and did not elect those officers.
But had they done so, the Judges elect
would most undoubtedly have been entitled
to enter upon their Offices as soon as they
had qualified, and for this reason Because
their right to their Offices would depend upon
the laws Of the Territory in full force and
over which the inchoate Constitution had no
control. 1t must not be lost sight Of in the
examination of this question that the Con-
stitution does not become operative for any
purpose until the State is admitted into the
Union under the proclamation Of the Presi-
dent, which has not yet transpired, and may
never take place.
Now, we will see how the Post mud
dies itself out of a matter which really
amounts to no matter at all:
The last clause of section of the ordi-
nance passed BY the Convention provides
that "when the President Of the United
States shall issue his proclamation declaring
this State admitted into the Union on an
equal footing with the original States, this
Constitution shall theneeforth be ordained or
established as the Constitution of the State
Of Nevada" No such proclamation has yet
been issued, and until it is, the Constitution
of course possesses no force whatever. From
this view Of the question we conclude that
there was no impediment in the way Of the
election Of county officers, and that where the
Constitution speaks Of AN county officers
under the laws of the Territory Of Nevada at
the time when this Constitution shall take
effect" continuing in Office until the first
Monday Of January 1867, it has reference to
such as were elected on the 7th day of Sep
TENDER instant.