Weekly Trinity journal. [volume] (Weaverville, Calif.) 1857-1972, 1866-01-20
The Specific Contract Act a Dead Letter.

In so far as the complete and final annulment
OF the Specific Contract produces that result
business transactions in the State of Nevada
may be hereafter conducted upon currency,
instead of a specie basis. The Supreme Court
in rendering judgment in the case of Milliken
respondent vs.. c. O. Sloat, appellant, holds
that the Specific Contract Act, being in conflict
with law of Congress, is null and void. The
golden calf which the idolators of Montgomery
street set up for the people of the Pacific States
to kneel to, and worship, has been torn down
and destroyed in Nevada. And in their great
deliverance, the regenerated beathens OF the
land of sage and alial rejoice and are exceeding
glad. An able opinion delivered by one ana
concurred in by another of the Judges OF the
Supreme Court, is the absolute Iconoclast by
whose resistless blow this craven image, erect
ed by wicked, perverse generation, has been
overthrow and broken to pieces. That dead
letter may be erased from our statute books, we
trust that the Legislature will see fit to make
the repeal of the Specific Contract Law one of
its first enacments. The rendering of this opin-
ion at this juncture is most fortunate. 1t re-
moves from the field of legislation and legislative
discussion one of the questions which promised
to be the most productive of debate and delay
To that extent which the presence of swarm of
lobby members in the specie interest might
benefit the capitol, Carson will sufer-their oc-
cupation being gone-but in view of the benefits
which will arise thcrerom to the State at large
our patriotism ncitcs us to share in the general
feeling of joy. As Will be seen by reference to
an extract from the Reese River Rereilie, under
the head of General Intelligence" National
Bank has commenced operations in Austin. Re-
fering to another article copied from the same
paper, it will be seen that this, compared with
other seasons in Lander county, is of uneXampled
prosperity. And during the past year, green
backs have been more generally in use in that
section of the State than anywhere on the
Pacific coast The National Bank at Austin is
the first wedge which has been inserted into the
knotty heresy of which the Specific Contract
Act is the statutory exponent and this opinion
by our court Of last resort is the power by and
under which that rcsstess instrument is to be
driven home. Through the courtesy of \. Helm,
Esq. Clerk Of the supreme Court, al
lowed to make the following extract from the
decision in question:
Referring to the decision by the Supreme
Court of California, in the case of Carpenter vs.
Atherton, wherein the Specific Contract Act of
that State is sustained, the Court says:
- 1t is not from dissemination that we fail to
approve the opinion of that learned Court upon
SO grave question the involved but q
sense of duty and responsibility to our convic-
ton of what we believe the law really is, forces
us to conclusion opposite to that declared by
that able and highly respectable tribunal.
Our opinion is that the Act of January 4th,
1860, is in conflict with the law of Congress to
which we have referred and that it is therefore
void.
The Judgment and the order appealed from
must be reversed so far as it demands payment
in gold coin, and the Court below is directed to
enter satisfaction of the Judgment upon payment
by the appellant in any legal tender recognized
by the laws of the United States, the full amount
of the Judgment and costs.
The costs of the appeal will be paid by the
respondents.
1t is accordingly so ordered.
(Signcd) BROsTAE, J.
] concur: BEATTY, j.
] dissent: LEWIS, G. j.
II seems to us inevitable that the basis of large
monetary transactions in this State in the i'm
mediate future, will have to be conducted in
currency This decision will test the honor of
these who may pay their debts in grccnbacls,
but who ought to meet their obligations in gold
and silver. We believe it will also have the
effect to cause the repeal of the Specific Contract
Act in California; Carson Appeal.
THE great Cincinnati bridge, about to be
SUSPENDED across the Ohio river; will be the
longest in the world, being over two thousand
feet longer than that over the Niagara river, and