The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-10-27
SHALL The CoUSTY ISSUE ITS BONDS
To THE &T.R z. COMPANY


tered an order upon the minutes OF
their proceedings for tie issuance, &c
the V. & T. Z. K. Co., of the Two Hun
d.ed Thousand Dollars in seven pc.
cent. interest bearing bonds provided
for in said act; and il is also under
stood that resident of this county has
prepared a compliant to the District
such issuance of bonds. So intimately
interested are the citizens of this town
can fud nothing more appropriate for
discussion AT thus time than the facts
ter. The first section Of the act in
question reads as follows:
SECTION ONE. Whenever within eighteen
months of the passage of this Act, the
Virginia and Truckee Railroad Company, a
corporation existing under the laws of this
State, shall have completed the construc-
ton of a first class iron railroad from some
point within the limits of Carson TO n point
upon the county line of Ormsby County, on
the line of a railroad between sud city and
she city of Virginia, Storey County, and the
same shall be in complete readiness to re
eelve the rolling stock proper therefor, the
Board of County Commissioners of Ormsby
County are hereby authorized and directed
10 prepare and issue the bonds of said coun-
IS. to the amount of two hundred thousand
dollars. in the form hereinafter specified,
and deliver the same to the Virginia and
Truekee Railroad Company for its benefit.
Section Three of said Act reads as
follows;
SECTION IHEEE. Immediately after be-
ing notified BY the company of the fulfill
r,ent Of the conditions upOa which said
bonds are to issue as above stated, the Board
OF Commissioners shall proceed to satisfy
themselves, by personal inspection or other
wise. of the fact of the performance of said
conditions. and on being so satisfied shall
without delay prepare, and issue the said
bonds as above directed; prorided, that the
certificate of the Surveyor General of the
State aud the County Surveyor of Ormsby
County to the fact of fulfillment of said con-
d.;ions shall be conclusive evidence therefor
u said commissioners.
Here we have the time and manner
sad conditions of the issuance of the
bonds in question plainly set forth. II
would seem, upon the face of these pro-
visions that they, being fully complied
with by all parties there is nothing left
for the county authorities bu, to issue
the bonds and deliver them to the rail
way company. But i, seems that some
objections to such action have been dis
covered By the aforesaid complainant
and that upon the strength thereof he
proposes to sue for q writ restraining
the commissioners from such issuance.
We believe that the points relied upon
as in support of that writ are as follows:
That the law is repuguaut to the Con-
s;itution inasmuch as that instrument
does not permit the levy of any tax
except for estate, county and township
and that the tax levied
for the payment of the interest on said
bonds, by .hs County Commissioners is
Z Unlawful, &C., &c. This complaint is
e uttered in the name Of Geo. L. Gibson
Il Carson City, By his attorneys, Clay
IN cad Davies.
Now it is rot for as to attempt dis
cassion of the points involved in the
for unhappilly, We are but
l;:tie versed in the inrricscies of constf-
,a,ional and statutory law but it
seems to us that go far as the commits !
.iouers themselves are concerned, they |
are left no discretion at all in the mat
ser; but that the law is mandatory upon |
the issuance of the
bonds upon their conviction of the 6rst
slsss character of the road. The pro-
siso relative to the evidence of the Sur
seyor General and the County Surveyor
10, we take it, added to the third section
merely as = guard against any non
sc,ion upon the part of the commits.
s:oners. They being convinced, there is !
no need of any further evidence. If, in
o:her words, the commissioners have
found that tie Railway Company has
built such road ~ is contemplated in
The 6rst section Of the Act, they have