Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-01-18
= EsADANDRersnATuRE
second session.
CARSON CRY, Jan. II, 1866.
s ~

I'D II REPORTS. "
Mr.. Thompson, from Committee on En-
grossment reported as correctly engrossed
the memorial to Congress against the saie
of mineral lands. Also, Senate concurrent
resolutions relative to mineral lands claim
ed by the Central Pacific Railroad Com
pany.A4E -. .EgrEyy ,
H' NorIoNskND R]EsoLurIoNs. d
By Mr.. kellogg:
WHEREAS, An appropriation has by law
been made, and the sum Of three thousand
dollars set apart for the Contingent Fund
Of the Senate; and, On
WHEREAS, It Is the sense Of this body
that such fund is under the exclusive con-
troll Of this Senate. for the payment OF its
contingent expenses, audited and ordered
paid by this Senate and.
WHEREAS, We are informed that the
Controller Of State has been instructed by
the Attorney General of State, Il. A.
Nourse, not to draw his warrant upon
such fund upon the order Of the Senate,
and upon such instruction the Controller
Of State refuses to draw such warrants;
therefore, be it .g %.
Resolved, That q committee of three be
appointed by the President to inquire into
the truth Of the reported instructions OF
said Nourse to the Controller or State ;
and if found true, into the propriety OF
impeaching the said Nourse on the ground
of incompetency, or other grounds touch
ing his mental condition.
Mr.. Kellogg said that the Controller OF
State had refused to issue warrants order.
ed to be drawn on the Contingent Fund
by the Senate, on the ground that Attor-
ney General Nourse had advised him that
it was illegal for the Senate to order such
warrants drawn. He therefore introduced
this resolution for the purpose of having
the matter investigated.
Mr.. James moved the adoption OF the
resolution.
Mr.. Winton expressed ONE surprise at
the introduction of this resolution.
Prompted, no doubt, by serious doubts as
TO the constitutionality Of the creation of
a contingent fund and the drawing OF
money therefor by resolution, the Attorney
General had advised the Controller ac-
cordingly; acting as his constitutional
adviser, he could do no less. MIR. Winton
said he had himself entertained the same
doubts and was unwilling to thus censurc
q faithful public officer when conscien-
tiously performing his duty. His colleague
had exhibited petulancy unusual to him
and would doubtless regret the introduce
ton of the resolution when time was
afforded for reflection lie was in favor
of the appointment Of q committee to con-
fer with General Nourse upon the subject,
but opposed to the clause Of censure and
would vote against the passage of the reso-
luton. .,.-r..-
Mr.. Kellogg said the object of the reso-
luton was to inquire whether ne ohe
Attorney General) was sustained by law
in giving those instructions to the Control
Ter. If he was not. he ought TO be i'm
pesched. He (Mr. Kellogg could not see
any reason for such an opinion and did
not want the Attorney General to otf.
ciously interfere with the affairs Of the
Senate, where he had no business to and
had no grounds for rendering such.
Mr.. Lambert said the language Of the
resolution was Objectionable. That the
language talking of impeaching an Attor-
ney General for giving a legal opinion,
whether enormously or not, was extremely
wrong. II was at most a mere error of
Judgment, and it wa preposterous to talk
of impeaching an officer for rendering
erroneous opinions or for n mere mistaken
view Of the law.
DR.. Ives said some parts Of the resolu-
ton he could vote for, but if the object
was to inquire into the mental capacity Of
the Attorney General, he would move that
a medical commission be appointed. 49,
Resolution adopted Ayes, Doran.
Hastings, Hutchins, James, Kellogg, Proc
tor, Thompson-7. Noes, Hobart, Ives,
Lambert. Lockwood, Winton-5.
Mes,rs. Kellogg, Ives and James were
appointed such committee.
The Senate excused Mr.. Ives from serv-
ing on the committee.
Mr.. Hobart was appointed in Mr.. Ives
place.
MESSAGES RON ASSEMBLY.
Assembly Bill No. ll-An Act to pro-
vide for changing Of the names Of persons.
Referred to Judiciary Committee.
Also, Concurrent Resolution No. 10, in
regard to mail service from Wellington
Station, Esmeralda county, to Austin,
Lander county.
Referred to the Committee on Federal
Relations.
Also, Assembly Concurrent Resolution
No. l6, that the Judiciary Commitree Of
both Houses be requested and directed to
inquire as to whether a Justice of the
Peace, being a judicial officer, has the legal
power to act as a registry agent.
Mr.. Kellogg moved to indefinitely post
pone resolution. iii. .'.s,
Mr.. Proctor said he could not see any
improperly in passing the resolution.
The House had under consideration a bill
covering the subject of the resolution. 1t
might have been better to have referred
the whole matter to the Attorney General
for edyice, but there was nothing improper
in asking the advice of the Judiciary
Committee Of this Senate. He hoped
the resolution would be treated with
respect. "Ni-
Mr.. Kellogg said this was a resolution
to have the Judiciary Committee OF the
Senate instruct the House whether the bill
they bad under consideration was consti-
t~usional or not. Let them send us the bill,
and then we will decide whether it is con
stitutional or not. He did not think it
was the duty Of the Senate Judiciary Com
mittee to become the legal advisers Of the
House. N''A ole" ''''' ','"s'-
Mr.. James said it was treating the reso-
luton discourteously to indefinitely post
pone it. BE hoped it would be referred
to the Judiciary Committee. ~
Mr.. Ives said that the House, by pass
ing this resolution, had confessed their in
competency to decide whether the bill was
constitutional or not, and had asked the
advice Of the Senate upon it, and he hoped
the resolution would be treated with re-
spect, and referred to the Judiciary Com
mittee. That there was nothing improper
in the course pursued by the House.
Motion to postpone lost, and the resolu-
ton was referred to the Judiciary Com
mittee. .r,lHrs,I
Also, a message from the House, stating
that a committee Of free conference, con-
sisting Of Messrs. James, Crawford and
Linn, had been appointed to confer with
q similar committee from the Senate III
reference to Assembly amendment to Sem
ate Bill No. s, An Act to amend An Act
entitled An Act to create the Office Of State