Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-04
Asscn,bIy-Tweuty.tbird Day.


DEBATE on THE SPECIFIC CONTRACT BILL.
In Committee of the Whole, Mr.. Bond in
the Chair,
Mr.. Lee spoke at some length in opposition
to the bill. He thought the bill was uncon-
stitutiOnal, and, from the desire Of some
members to force the bill through without
discussion, and members not having had an
opportunity to examine the bill-he thought
there must be "nigger in the fence"
Mr.. Bien said if the gentleman was salts
fed that the bill was unconstitutional, why
not offer an amendment?
Mr.. Lee-Bccause do not want Specific
Contract Act tackled on to anything else. l
want Specific Contract Act pure and sim
pie, and do not want it to include Practi-
ticing Act.
Mr.. Tozer--Mr. Chairman: This bill is
one ofgreat importance to the interests Of the
people of this State, and one which you and
and almost. every member upon this floor
were distinctly pledged to use our best endea-
vors to further in this House. am perfect
ly satisfied it is strictly in accordance with
the Constitution, and will be so held by the
highest tribunals. knowing as do that the
early passage of bill of this character is
very important and necessary, am surprised
and panied to see the opposition manifested
to it by members who may have some pet
scheme Of their own.
Mr.. Brown said that having made himself
fully acquainted with the provisions Of the
bill, and being aware of the present neces-
tity Of its speedy passage, he should vote for
it.
Mr.. Bien said that, as the member from
Lyon (Mr. Lees principal objection seem
ed to be to the title Of the bill, he thought
such objections might be removed by amend
ing the title. AS to some statements made
about opening the purse-strings Of the capt.
taliSt, he thought that should not be the only
object sought. The interest of the working
man and those engaged in every day business
transactions were equally important.
Mr.. Sine offered an amendment to section
one of the bill.
Mr.. benson offered substitute for the en-
tire bill, which Mr.. Bishop moved to lay on
the table. Lost.
Mr.. benson said he was willing to make
allowance for the manner in which some peo-
pie were brought up. The attempt has been
made repeatedly here to choke him off in this
manner. But "let the CALLED jade vince"
he was going to endeavor to defend the bill.
1t was no doubt true that the people were
standing upon tiptoe, with open mouths,
anxiously awaiting the passage Of this bill,
but we wanted the right kind Of bill under
which the people can transact their business,
and unincumbered with any other matters.
Contract laws being new experiment, it be-
hooves us to be especially careful. We can
not bring to our aid the experience of older
States, in his calculation, and it should not
be mixed up with Practice Act, as had been
done in California, but should stand alone.
The substitute which he offered had been
looked over by the best legal ability of the
State, and he was confident it would meet all
the exigencies oil the case.
Mr.. Patten said he was astonished at the
course this bill had taken in this House.
The bill had been reported upon fayorably
by the Judiciary Committee, Of which the
gentleman (Mr. Denson) was q member, and
now we find that he comes in with substi.
tute. The proper time to have introduced
such substitute would have been when the
Committee reported. He did not wish to
arraign the gentleman for change Of opin-
ion. AS Mr.. Burke once said, he did not
know who was the biggest fool, the man who
changed his opinion every day or the man
who never changes at all. Some gentleman
objected to the bill because it was said that
a committee Of lawyers from Virginia had
drafted it. Well, he did not think that q bill
Of that kind should be drafted by commit
made that the bill should embrace but one
subject, which subject should be expressed
in the title. Now, the same language was
incorporated in the Specific Contract Law Of
California, and had been adjudicated upon
BY the Supreme Court of that State and pro-
nounced constitutional. 1t would, therefore,
give confidence to capitalists if we adopted
law which had been In force and thoroughly
understood by capitalists.
Mr.. Bishop stated that he too was pledged
to his constituents to 60 for the passage Of
this bill. 1t had been prepared BY some Of
the best legal talent Of this State, and had
been reported upon favorably by the Judici-
airy Committee, after having been carefully
read, section by section, in that committee,
ana no not single. objection urged to it. The
bill had been printed in several newspapers,
not only in this State but in California, and
was fully understood by the people Of both
States. Still we see an opposition manifest
ed by members in this House, simply be-
cause they had some little Sxl0 bills OF their
own in their breeches pockets, which they
wanted 10 folst upon US. The gentleman
from ormsoy (Mr. Denson) had found fault
with him for moving to lay the substitute on
the table. lie considered that he had right
70 oppose any measure which he believed to
De detrimental to the interests OF Nevada.
Inc supreme Court Of any State, he was
sure, would pronounce the substitute uncon-
Stitutlonai, and he was equally certain the
Original ollI would be pronounced constitu-
tional by any Court in the world.
Mr. olne spoke briefly in favor Of the bill,
and against the substitute. This matter had
been aaJudlcated upon by the very highest
The substitute was lost, and the amend
adopted.
BY Telegraph.