Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1875-02-07
VETOED.

toed the Lander County Railroad
bill, known as Senate Bill No. 3,
on Constitutional grounds. We
make the following extract from
the message of Governor Adams:
The first section of Article VIII.
of the Constitution provides that
the Legislature shall pass no
special Act in any manner relating
to corporate powers, except for
municipal purposes, but corpora
tions may be formed under general
laws, and all such laws may from
time to time be altered or repealed.
The section quoted of this Act un-
der discussion presents as palpable
a violation of this provision as
could possibly be invented. The
grant of corporate powers and
privileges is not left to inference
or construction, but is couched In
unmistakable language. l am CON
strained to believe that this defect
is so general and all pervading that
even if approved, the Act could
not successfully stand the test of
investigation by the courts. Upon
this point the constitution, as con-
strued by many eminent judges, is
mandatory and not directory. The
consequence of an infraction of
this section, although not express
ed in terms. is the invalidity of
any statute attempting to confer
the extraordinary privileges of a
corporate franchise by special law.
AS 1 have said, the vice affects the
whole frame and structure of the
bill. The constitutional provision
cannot be separated from the valid
sections. Upon the provisions of
the invalid grant of power rests
the capacity of grantees Of the
franchise to take and enjoy the
benefit conferred. The fault is
fundamental and incurable.
The Austin Reveille" takes the
matter sorely, as well may the cit
liens of that part of the State. 1t
is very evident that Lander county
wants this railroad, and it is equal
ly apparent that the road would be
of incalculable benefit to the coun
ty. We join in the appeal of the
|'Reveille" to the Legislature when
it asks for an FAYE" vote on the |
question of "shall the bill pass
Notwithstanding the objections of
the Governor. The Reveille's"
funeral notice was in the following
pathetic strain:
1t is nothing more than we
have expected from the first. YET
it is AN act which Lander county
little deserved from such a source.
Our sole reliance now is upon the
good sense and magnanimity Of the
Legislature. We are glad to know
that we have so much of hope from
that source.
cit is useless for us to go over
the ground again. Lander county
must have a railroad or sink into
insignifcance. No sane man will
attempt to build one without some
help. There you have the whole
matter in nutshell.
Gentlemen of the Legislature,
we ask you to rise above all party
issues, when yon come to recon
slider this bill. We hope that you
will remember that it is a question
of life or death with the material
interests of Lander county; that
you will remember that the people
who are most interested are most
earnest for the passage of the bill;
and that you will remember that it
is matter of no small importance to
the treasury of the State. If, gen
tlemen, you will remember these
three things, we feel convinced
that you will give us a rousing
AYE" when the presiding officer
of each house shall ask: Shall
the bill become a law notwith-
standing the objections of the
Governor"