The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-02-10
NJ ednesday Marnins. F-A. 10, 1860.
TIE ImBsuGLIo BETWEEN THE LEG
STATURE AND THE EXECUTIVE.

lion, than the present irreconcllabi'
difference between the Legislature anC
,he Executive, it seems to be an newt
able result OF the pending decision o
the Supreme Court upon the matter a
issue, that Gnal ruling is TO be hat
with regsrdto the powers ofthe Legis'
while i, is to be hoped that the motion
before the Court. may be disposed OF
from the BeEch in order that there may
aIso to be hoped that the whole sub
lee. Involved may receive at the bands
Of the Court full and elaborate express
sion Of opinion. The question having
arisen as to the Constitutional powers
q the Legislature with regard to the
iltu-e in certain particulars and
more important matters concero!rg the
St4te-,he broad scope of the srgn-
clents delivered upon either side having
embraced that quss!ioa-it is due and
necessary to the failure course of Legs
.s.iTe action that there should De an
a-,horatire, Gnal opinion thereupon.
We Cannot help regarding The greater
ua-. Of the "points y made By the
I3yernor's counsel, so far, as little bet
ter than mere euibbles: small techEic-
s.!t;es standing upon very narrow
grounds, and entitled to but little
weight in the consideration Of the
Iaa.nentous principles involved; for,
sc,er ell, tie grand question which is
10 be decided IS What are the right.
"a, legitimate powers Of the people
i,cpreseutat:res The Question as to
whether the Legislature may provide, as
tle Ac. under consideration does pro
v.de, for the issuance of interest bearing
warrants and for The placing Of certai
funds :a:o the hands CT the Sergeants-
s.-Arus of the two Houses, is, CT it
s2if, of but minor importance so far as
i.s Immediate Consequences are SON
cerned bit so fax as its settlement Ii
to affect the fat2re pei:cy Of the State |
Government 50 far ss il is to aceede |
10 or det-act frou: the dignity and pow
c. Of the representative department so
t,- as;it shall Withhold from or concede
- the Legislature he right to exercise
certain degree Of discretion in It's
o4ai;sgs with the Constitution SO far
- It may confer or Withhold some
thing Of latitude to. that BRANCH
cf the Government which stands nearest
10 the PEOPLE AID y Aich uiusi be trusted
with almost supreme power if we would
rot hamper and render imperative tie
taacflinery of the Stale, The ultimate set
,iemeut Of these questions is CT the
gra9est import. The American people
i,ayc recorded il as their deliberate and
Solemn opinion that il the controversies
between the Representative and Execa
tive branches Of the general govern
meat, the Congress Of the United States
..as heea in he right, for tie reason
rat he preservation CT the liberties Of
tae people depended mpon TIE sustain
rnant Of The. principal that, as Grant
I. .ppiis expressed il dis is II coun
= where tie Will Of the peopia is the
I-..v IF ;hp LAM; aid where shall We
g to get the Will Of the PEOPLE, how
snail we respect their opinions and
": .Les unless we hcArken to and trust
J., the mandates Of their representatives
T. We are &c set il up ss a doctrine that
:,ie Legislature IS to be made subordi
n ,te to ans. not to be trusted By the
o.her branches OF the government, we
. .al; establish the dep.ora5le and unre
plhiican theory that representative
government IS failure. Il, by the
maintenance CT the position that all
ii ,latire action is 10 he belitt!cd,
r.obed, criticised md, possibly, rem
,;rred uu!! and void sy Tire erection CT
TIE co ordinate branches OF the Govern
.,eut into the position o: It's superlors,
IS tou can we reasonably expec: TO en-
rriaiu wholesome respect for the law
n king power, whom Shall 'Te notinVite |
t. consider the legislature "an illegiti-