Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-08-04
PASSED Bur PROTESTED.

anu topics W PuS'
true merits and condition are orouen'
forth to public understanding and cru
c,.m. Thus Il nov comes out that the
Stat. Board OF Examiners have passed
upon III. bill Of $3.50 presented by the
Catholic Orphan Asylum at Virginia.
They quietly rendered their decision .
month sso. yet 1t was not made public.
and would not be even now were 1t not
that renewed agitation Of the matter BY
the press has brought 1t out. The result
IL thus given BY the Carson Tribune:
A Tribus reporter visited the State.
house. and learned that on the 9th OF
Jolly q bill OF Sl27s 7sh was presented
BY the Nevada Orphan Asylum for the
care Of orphans. - suthoriz-d by Act Of
Legislature. The Bosrd-or at least .
msjoriiy-spprovsd the bill. giving the
folio wing individual reasons
Tn. within bill 10 correct. and COM
piles With the Law authorisipg u ; q
iurthsr question arises. viz: The appa-
rent conhict between the law and The
State Constitution. This. / believe. Ia
beyond the power OF the Board oil Ell
amiusrs to determine. and must be set
tied by judicial decision.
JozS q. KrSxkAD.
sign the within bill. but doubt its
eonstitutionsliiy. JAssER BAscocx.
Ideclius to approve the within claim
Of the Nevada Orphan Asylum OF Viz
sinis City for State aid. because / believe
Il to BE- sppropristins money for scotia
Sisn purposes. which We are forbidden
to do BY Section 10 OF Art. XII OF our
Consultation. u. A. MURPHY.
The demand for the warrant was pre-.
s.n,ed to State Controller Hallock on
Jnly 26th and be refused. giving the fol-
lowing a. his vssons: Warrant refused.
because I believe the institution making
the cl.im 10 s-ctarisn In its character and
teachings, and that Q draft on the State
Treasury for its support would bs . VI
ola,ion Of Art. H. Section 10 OF the
Constitution, which provides that ono
public funds OF any kind or character
whatever. State. county or municipal.
shsll be used for s.otsrisn purposes"
J. F. HAIIocx.
State Controller.
II will be perceived by the foregoing
exhibit that the bill passed. bat 10 wa
signed under protest by two members Of
the Board and squarely and honestly
Tspudistsd BY the other member. II
succeeded in squeezing through the
Board, but when II vas presented "a
State Controller Hslloek with . demand
for the coin. that uncompromisinglJ
faithful guardian OF the public treasury
squarsly refused to pay II. being . sworr
public officer. and understanding thu
Law and his honest. constitutional duty
In the premises. And he will not cast
that bill. unless compelled to do 20 BY I
'.judieiai decision" This bill Of sl2s(
10, Of course. merely the nrst Of . reau'
lar series to be presented eontinuousl,
hereafter. with probably increased
amounts. II 10 the entering wedge OF I
new drain upon the already badly Grip
pied State treasury. But now . few
remarks upon what the msmbaSs Of thu
Board saw at to say BY wsy Of apoloG,
In signing the bill.
II Governor Kinkssd had possessed
the proper amount Of backbone sx-
pected Of . faithful guardian Of the In
tsrests Of the State. and the exponent Of
the constitutional laws Of the State. b
would not have approved the Legislative
act which authorised this new drain
upon the public purse. Bot having al
lowed II to become . Law. in fact having
himself created or allowed the zap
parent conflict between the law and the
State Constitution. he felt that consist.
sney demanded that hs should approve
this resulting bill. So he signed 1t, ex.
pressing his opinion that his signature
did not amount to much. or. to use his
own words, the matter 10 beyond the
power Of the Board Of Examiners to de-
tsruins, and must be settled BY judiois
aeeisop." Wonder II he felt that va,
wh.n he approved the infamous Lottsr,
bill which judicial decision" subss
qusntly sat down upon 90 "a, etually.
jasper Bsboock said: 81 sign th'
within bill. bat doubt ito constitution
atty" A Secretary OF State and sup
pos.d to b the faithful guardian Of h,
States most vital interests. he shoult
have given the State the benefit Of hi
doubt" and not left the matter to b
settled BY judicial dscisIon." Babeocl
knew very we'll that to be consistent tn
Governor must sign the bill. and be ais
knew very well that Attorney Genera
Murphy. the other member Of the Board
would not sign Il. having already de
ei.rsd IL unconstitutional. Therefore
Whatever blame there 10 a. regards tn
approval Of this bill BY . majority Of tn
Board belongs to Bsbcoek. be know
insly and wiliully constituting himself
thu, majority.
Perhaps the festive old Jasper though
he was putting In . bid for reelection
II 90. be made . big mistake. He viii
b judged BY bis Official acts and accord
ing to the demonstrated degree Of biz
fsithfulnsss to the interests Of the State,
and his constituents may conclude thai
Bsbsoek 10 more sslAshly crooked than
constitutional.
A. for Attorney General Murphy. his
opinion 10 the matter was publishsd In
full weeks ago. II 10 the opinion Of an
honest public officer. understanding well
IN constitutional and LEGAL msrita Of