Weekly Trinity journal., 1874-02-28

notably was the El Dorado representa-
tives led by Williams, the ablest debater
in the House. The bill passed to engross-
ment by 45 to 25. The status of Trinity
county in the bill was not changed from
that reported by me to you some weeks
ago.
OTHER MATTERS.
The Supreme Court yesterday rendered
two notable decisions. The first is con-
cerning negro children in the Common
Schools. The Court in a long decision,
decides really and only these points
l. The Statutes Of California providing
that negro children shall be educated in
separate schools, is not in conflict with
the 18th and 14th amendments to the
Federal Constitution.
2. Under the Constitution and tho
laws, eq,tat educational privileges must
be afforded white and black children
alike.
The separation Of the races is mere
question of policy.
Where separate schools, afiording
equal advantages, are established for col
ored children, they cannot attend white
schools
But where such is not the case, they
cannot be excluded from the white
schools.
The provisions of the Federal Consti-
tlon that equality of rights must be con-
ceded to all, is not affected by law reg
ulating the measure Of legal rights.
The decision calls for no comment,
three judges only concur in it fourth
concurs or a point exclusive of the con-
stitutional question and peculiar to the
case in hand only. The decision does not
give satisfaction. 1t adroitly avoids the
vital point in the whole issue, to-wit =
the invidious distinction our statute makes
which, in itself, is claimed by the sound
est legal minds to work conflict with
the constitutional amendments.
The second decision is concerning the
backsalary grab Of State officers. The
Court holds
/. The Legislature, in making the At
torneyGeneral member of the Board
of Examiners, attached duty to the Of
flee wholly foreign to it.
But the duty involved and the law
makes it an office, though the Attorney
General might decline to act as such
Examiner, still as the Legislature per-
mits him to give part Of his time to a for
elgn duty, he may take the allotted com
pensation therefor. Having thus held,
the Court by implication puts its seal on
Governor Booths unconstitutional salary
grab, for having decided that Examiner
is an office, and that the law prescribes
no duties of Office for the Attorney Gen
eral, settles the point effectually that Ex-
aminer is a distinct office. But the law
positively prohibits the Governor from
holding any other Office than GOVERNOR
As II logical conclusion and so tho Court
must hold when the case comes up, Gov.
Booth cannot take the extra salary or fill
the extra office. There was purpose
and reason why this should be so too.-
The Governor in effect, by his approval
or approval of bills, legislates, or in
part legislates, and he should not be al
lowed to pass as Governor on any duty
or act performed by him in some other
capacity. See, he now signs reports as
an extra official, in the Board of State
Prison Commissioners, in the Board of
Examiners, in the Board of Capitol Com
missioners, of Funded Debt and Loan
Commissioners, ETC., and all these re-
ports are addressed to himself as Cover
nor, and as Governor he has to review
them and advise legislation concerning
the same.
Thus say the lawyers here; thus
sounds reason. The two decision. ] have
digested for you are the main topics of
conversation just now.