The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-03-02
CEShTE IN The SENATE.

Scaats Bill No. l6j-An Act for the relief o
James S. Slinecrland. Warden of the Stat
Prison, being under consideration III Com
i~ittee OF the Whole, Mr.. Linn meved thai
the Committee rise and report the bill back
10 the Senate, with TecouIm enGatlon thai
il be orde-ed engrosscd.
Mr.. Eastman-I wonld like 10 inquire Of
toe author of the bill, whether the claim has
been presented To the Board Of Examiners.
Mr.. Monroe-If it had been a claim. it
would have been presented to TIE Board. But
i IS Simply bill gotten up by Committee
~ this body, acting upon the recnmmeTda-
ton OF another COMMITTEE, authorizing the
payment to tAe State Prison Warden of the
amount named. Il il not debt against the
State. Ii it had been Il claim, or of that
character, the position which appears to be
taken By the Senator from Hashcc is cor
rect. The Board, however. have nothing to
90 with it, iii not Il claim at all.
Mr.. Hall-Every member Of this body
recognizes the correctness of the theory ad-
,anced BY the Senator from Wa hoe. win re-
gard to claim; that it must 90 before the
Board of Examiners. So saws 1hc C0n>tltu-
tim. Claims must be passed upon By the
Board before they can Come III here. But,
sir, this is not claim proper Il i what
,ui2ht be termed a g-atu!ty IL. yOcabu-
lazy.
The circumstances were these I 10 Lieut.
Governor, as Warden Of the STATE ErisuI, in
the discharge OF his duties, the night %
the fire of 1851. felt it iIictIn4b--nt him,
above everything, except the preservation of
the lives OF his wife lid children, a. lGui,
after the safety Of his charyr-tie State
2 isoneTs. lie devoted his entire time To
that. and did i; yesy successfully. too ; with 4
good deal OF cnulrt-ss and Judgment. Or
course ne had no tiiao TO attc,.d 10 tie pres
ervatIOn of hls o" property contained ia the
building: properly contained there, for the
reason that he. Warden Of the State
Prison, Is require d BIZ law to hive there-and,
Of course, his far.ilr vi II Inn, The pre-
Sumption Is, ut least, that had iir not BEEN
obliged, he {, It himself ii, ,irty bound, ~
devote his entire en"r.ifs 'irae and atten-
tim, to the preservation and safety OF the
prisoners, he u4lg iit have sr.ccee,iri it, secu
ring portion of his personal property. For
instance, he stated 10 the Committee, Of
which l i:Iher, th't he had IN legal
tender cuIreI,c, o. 80, whit h destroy
ed. Certainly ne nigh have taken sufficient
time to have Recovered that. and perhaps
other household property. Effects and valua-
S'es. But upon ilis arrival Il the Prison.
and he liadc very good time Ill going there
after the ALARM. MAS sirei-fnr lac in town
attic ti-n-he was but iu' in season 10 pre-
vent the escape of the prisoners. hey were
] = s.,;ug Ia make lunre. all together, To
break the chain ny which tEr !.rsc iron crate
dovvs arc held. :" make their escape. j, his
c,oiR5,a he succeeded ia diiiisIDg the PRISON.
out ia good order, aud prev. ming the
escape of aiy In doiu. he 'ust hi proper
"; while thus IN the service of the State.
That, -iicr in the natnre of good
-laim se,inst The State for reiirf. The stand
,uS Committees ~ the two Hon>e>-,ha, of
the Senate c..n>issiu. nf three ncinbers, aud
that of the Assembly Of dvc-hare bath
unanimously reported ia fav". Of such bill.
Easing nv action np"a ,hnt report. drew
this up. Nruat.r. r-adii, understand the
caIcum.,ances W winch the case is suT-
seurded.
NJ. 9ces-I shall ;.Ats to take what con-