Year: 1864




ANOTHER SPECIFIC CONTRACT DEcIsIoN.-
egon Arena, that decision has been rendered
by Judge PEBBLES, in the courtof Ma-on county
in contract case, adverse to the decision of
Judge Shattpck, ofthe Dist. Court. The cases
before the two courts were about the same, ex-
cept that tender of greenbacks was made in
the case before Shattuck and not in the other
PEBBLES decided that the late specific contract
law could not cover the case, as the contract be-
tween the parties was made prior to the passage
of the law; that the contract was binding only
so far as the laws that were IN existence at the
time the contract was entered upon, made it so.
This decision does not please the Arena, while
the Statesman says it is not in accordance with
public expectations. Nevertheless, we think
the decision is in accordance with law, and that
contracts made previous to the passage of spe-
cifc contract laws are only subject to the laws
in existence at the time. However, man pos
sessed with the least sprinkling of honesty
would not tender the payment of debt in
greenbacks at par when contract demanded





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BOGUS LEGIsLATURE.-If the recent session of
the Idaho Legislature was not legal or assem-
bled at the time prescribed by the organic act,
of course all the legislation transacted at the
sitting is bogus and goes for nothing, except
wasted toll, time and money, to the members.
But suppose the Legislature did convene a
month or two, more or less, too soon, what diff
ference does that make2 The legislation would
not probably be any different if the body should
be called together to do its business over again,
Besides, it appears that the people of Lewiston
regarded the legislature as proceeding accord
ing to law, up to the eleventh hour, and most
likely would never have raised the question of
illegality had not the great Capital removal
question interviewed and gave them new light.
If the people of Lewiston knew SO much about
that "organic act' and the illegality of conven-
ing the legislature before the time, why did not
they give expression to their wisdom before the
assembling, or at least in the fore part of the
session? Making the discovery at the very last
hours of the session, looks very astonishing;
and though it may be a Capital joke to the Lew
iston people, it will be serious matter with the
people of the Territory, generally, i the Legis-
lature has to be convened again in January.


That paragraph in the Presidents Message
which the telegraph operator Hlost' he has sub
sequently found. That portion which was omit
ted reads:


''While it is melancholy to rsfsct that the
war has filled so many graves, and caused
mourning to so many homes it is some relief to
know that, compared with the survived the fall
en- have been so few. While corps, divisions
brigades and regiments have formed and fought
and bled and gone out of existence great ma
jOrity of the men who composed them are still
living. The same is true of the Naval service.
The election returns prove this, else so many
votes could not be found"


The election returns may appear to prove that
a great majority of those who went into the field
are still living, when we consider the extraord-
nary facilities that are afforded for voting dead
men; but the history of the war proves conclu-
sively that great majority of the men who
composed those regiments, brigades, &C., have
been swept out of existence, else SO many slain
would not have been reported, nor would there
have been so many calls for 300, 600 more.


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From the way the people of Lewiston are
striving to hold on to the Capital, we should
judge that they regard its retention among them
as their last and only hope for the future ad-