Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1877-02-06

taken away the powers of the Commits
sioners and given it to others, then 1t Is
unconstitutional. Page 1872 of the COM
piled laws was read relative to the gov
eminent of the prison. There is no pro-
vision in the new bill by which anybody
can make the rules for the penitentiary.
This would result in q penitentlary Tor
two years without any rules and regula-
tons whatever. This law of 1873 was q
well guarded one. and in the new bill
certain words were omitted which makes
it unconstitutional. The word super
vision comes from the Latin words
super and video, and in consequence
the Board of Commissioners have the
overseeing of the Prison. and not the
Warden. This latter is not the power
by rights. but pass this new bill and the
Warden's power is everything, and that
of the Board of Commissioners nothing.
The speaker had not examined the bill
before the vote was taken, but he had
voted from principle. Since then he had
examined the constitutionality of the
bill and was convinced of the uncOnstl-
nationality of tho same. This was not
party measure; it was one of injustice to
the Warden named. Questions were asked
the gentleman from White Pine (Grey)
if he had voted conscientiously on the
bill, and if during the campaign he was
such great friend of Gov. Bradley. As
much as Mr.. Stewart respected the Gov
ernor, he was not prepared to sacrifice
another man for his interests.
Moore of Elko said in reply to Atchin-
SOD, that he exhonorated the Governor.
Harris said that he was in favor OF re-
consideration, and believed that charges
had been made agains certain persons.
The Executive had held his Executive
power to control votes on this floor. He
would move a committee of investiga-
ton when this thing was decided. Ever
since this bill was introduced there had
been q set determination to carry 1t
through. The bill was conceived in
malice and born of party prejudice.
This bastard child should now be hurled
back to its producers.
Howard of Humboldt said that he
would vote against reconsideration.
and believed that the proper place was
now III the courts.
Bailey said he should vote against
reconsideration, and wanted to know
when the time for the special order came
if that special order would be taken up.
On motion the Chinese queue bill was
postponed until the Sth inst.
Bailey had hoped that the winter
of our discomfort had been made glorious
by the passage of this bill. But the
ghost of Banquo was here to annoy US
again, and God in his infinite mercy
only knew how long this would con-
tinue. He said that the bill was consti-
tutiona1, and therefore the construction
of the gentleman from Storey (Stewart)
was wrong. In reply to his colleague
(Atchinson) he said that the Governor
never had said one word to make his
approval of the Eureka county bill de-
pendent upon the support OF this bill. In
reply to Harris he did not know whether
to characterize his argument as truth or
not. 1t had all the melancholic madness
of poetry, without the inspiration.
Harris asked Bailey two very pertinent
questions in regard to the proposition
of the Governor to himself.
Harris asked Bailey if. at the time of
appointing the committee to visit the
account of being unable to do the Ward
en- 1BJuStlCc. DaIlcy dHSWcIeu, NV.
Stewart said the constitutional objec-
ton had not been answered, and that
this new bill took from the Commits
sioners the power to govern and regu-
late the Prison. This power would now
be inherent in the Warden.
Bell stated the conversation between
himself and Bailey in regard to the bill.
Moore asked Bell if he had authorized
any person to come to him and say that
if Moore and Tolley would stand in for
this bill he (BelD would stand in for the
Elko bill. A negative reply was given.
The motion to reconsider was lost by
vote of % to %.
Resolution by Mighels, relative to
freeing the present Warden from any
obloquy or suspicion. The resolution
was unanimously passed.
Resolution by Harris, resolved that .
committee of three be appointed to in
vestigate the charges Of corruption
against the Governor, and that this COM
mittee have full power to subpoena wit
nesses and administer oaths. Moved to
lay on the table, by Allen. The motion
was lost by a vote of 20 to %.
On the passage of the original resolu-
ton an animated debate occurred. The
resolution received "a votes in the affirm
alive and 26 in the negative.
Resolution by Howard, relative to the
vote on the Warden bill not casting any
reflection on the Board of Prison Com
missioners. Carried.
Joint resolution by Moore, relative to
public lands. Referred to Committee on
Pnblic lands