January 11, 1856 (5 pages)

NEVADA JOURNAL, FRIDAY MORNING, JANUARY ll. San Francisco AGexcy.—L. P, FISHER, Iron building corner of Montgomery and Washington streets, is our dul authorized Agent at San Francisco, Grass Vartgy AGency.—E, A. KENDALL is our authorized Agent at Grass Valley, who will receive subscriptions ‘or the JocRwat and receipt for the same. AGENCY AT ALPaa.—G. W. TALLMAN, Esq., will act as our Agent at Alpha. Dissolution of Partnership. The partnership heretofore existing between E. G. Wairr, H, M. Futter, J. P. Sketron and N. P. Brown, in the Nevada Journal Newspaper and Job . Office, is this day dissolved. . All persons owing debts to the firm are hereby reques. ted tomake immediate settlement as one of the former partners is abc .t to return to the Atlantic States, BROWN & CO, Nevada Journal Office, Jan. 1st, 1856, PARTNERSHIP. The subscribers have this day formed a part= nership in the Nevada Journal Newspaper and Job_Office under“tne name of BROWN, FULLER & CO, : E. G. WAITE, H. M. FULLER, A.C. NILES, N.P. BROWN, Nevada Journal Office, Jan. Ist, 1856. ——— A Good Omen. The people of California have been eminently a a practical people. Like the . inhabitants of all new States, we have felt that the urgent call upon us has been rather for the energies of strong arms and . ready practical intelligence than for the . mere refinement of intellectual culture. . We have dug ditches, and tunnelled mountains, and have mestly left behind us in the homes from which we came that! knowledge which is not immediately con-. vertible to use. Heretofore this has been . necessary, and as it should have been. A people who in seven years have changed . an uninhabited waste into a flourishing empire, could not afford to indulge themselves meanwhile in the mere luxuries of literature and art. t To develop the resources of the coun-. elected. Speaker by the entire American . try, to opem the stores of mineral deposits . ‘. yesterday at 12, M. Editorial Correspondence. Tvespay, Jan. 7, 1856. The two Houses of the Legislature met But one Senator, De la Guerra, was absent, and but one or two Assemblymen. Nothing was done but to organize temporarily, administer the oath of office to new members, and test the strength of the two parties in the Senate. The nearly equal force of the two parties on the floor of the Senate, has created no little interest to know how the flying artillery composed of two independent senators, holding the balanee of power, weuld go when party questions were sprung. In the voting of yesterday upon resolutions having important bearings on the election of prominent officers ; the artillery played upon the ranks ef both parties somewhat, but showed a little more hestility to American than Phalanxism. Considering the former whig proclivities of the two Independent senators, this cottoning te locofocos has created seme surprise, which will be considerably lessened when the personal motives of the gentlemen are fully understood. Both claim to have jbeen elected by locofoco votes, and a “sop to Cerberus” is considered nothing more tla fair, and perhaps it isn’t. The American members met last evening in caucus to nominate parmanent officers for the two Houses. Every thing went off in the utmost harmeny, and today all the nominees were elected, with one exteption, that of dvor-kecper to the . Senate. The large majority that the American party has on the floor of the Assembly rendered the election of the American nominees an easy matter. Farley was. vote—53 in all. Anderson, the old . and speculation upon reasoning madness. jremain untouched—stores of the yellow pose of the Senatorial question as soon 5 as possible, proceed to the legitimate busnap anche ee arrangement . : sh it ag. Made between the rival s ip_companies, ae = oe es tas ae has been terminated, and the Pacific Mail The ey hewe eens papadling tha! steamship company intend hereafter to take a Z ‘course independent of the other. We are streets to-day, in henor of tho exploits Of; stossed: with thia determination for several Gen. Jackson, and preparatory to the in-. reasons. Passengers are carried over the auguration which is expected to take . routes at more reasonable prices, the compa: place to-morrow. The fine uniform com-. nies are more careful in their accommodations panics from San Franeisce presented a. to passengers, and the two lines stand more on splendid appearance. their individual merits. So far as safety, speed A grand Ball is to take place to-night and health are concerned, the Panama line is at Forrest Theatre, which is expected to decidedly superior. Owing to the present diss z patch on the Isthmus by railroad, few of the beat any thing of the kind ever gotten 3 daily accidents that have been almost insepera— up in the State. All the members of the ble from land travel at Panama and Nicaragua, Legislature have been presented with are to be encountered. The passenger lands complimentary tickets. There is a greatat Panama, and the next day, or two at farer crowd hanging around the Orleans and . thest, is steaming up on the Atlantic side. All infesting the purlieus of the Capitol, on the discomforts and exposure of river travel, I have ever before witnesssd at the commule navigation, night malaria, &e, are now mencement of a Legislature. They will te i ai P. OE REE. _ Dex . reatest achievements of this e get mney pein *P xing, 08 the Dome . Aihaek thousands of lives were sacrificed in mittees on Claims will have to watch for Geb bidealosiitiuax: ied takaienlh wield of llion relief bills, spingirng up in the night, like expended, yet the facilities it affords for rapid Jonah’s gourd. v. transit doubtless saves thousands from conRe EET — . tracting the deadly fevers of Isthmus travel, For the Journal. . while its revenue must pay a handsome perThe Mining Community of this State. centage on the great investment. Without If the race which peoples our State in tc ame vary +}, Of the Isthmus, the Panama company, oe ree ee ee . standing its splendid boats, skilled officers, and rapid passages, would have little advantage of tsrival. It is true the mishaps caused by Walker's expedition, the killing of scores of unoffending and unarmed passengers, including not be from the want of incentives to ex-. women and children, in cold blood, have cast are to people it in the future, do not prove the most enterprising among an adyenturous people, the closest reasoners of an age of abstruse physical sciences, it will jertion, or reward for successful effort, or. a deep shade over the other route, and to this a proper theatre upon which to develop . may partly be ascribed the superior popularity . those higer elements of man’s character,. of the Panama route, When the comfort, health and lives of so many are involved, as is the case in the immense tide of human travel, between the Atlantic and the Pacific, it is most important that adequate safeguards be placed j around those who are thus compelled to trust . themselves to the care of others, under circum. stances of comparative helplessness. The Panama steamship company have had in which energy verges upon desperation, The knowledge, already traditional, of the jsudden fortunes within the last few years acquired here, to be elsewhere enjoyed, the belief that even richer deposits yet ‘Paciric M. 8.8. Co.—We notice by the ae, Important Decisio We publish entire the following depeculiar in Nevada. The Pi (3 Gen. ‘own oO, —claiming to} be al pu The acts of Ro the inhabitants of repealing act, Isaac Williamson, E Upon the coming in of the commissioners P ~~ . report it is admitted that the Court of Ses: ‘ ority of a Stgte legislature to cre-. sions proceeded to and did levy and assess a . withst andin ate corporations with powers not repugnant to . poll and property tax svfficient the Constitution of the United States and the . said indebtenness, only : with the powers of the general government or . ¢reditors. . the Constitution of the State, is (say the law piace: 3 so clear-and -has“btett % often claimed andjexercisedy that it is unnecessary to offer any comment or authorities upon the point. bey But if it were in any way doubtful, it is ex: our constitution that ‘Corporations may be forme@utagge. tench) akiws, bit’ shall not be created by special “Act, except for municipal pur 37 of the same article it i { ‘it shall be the duty of the legisfitu Vide for the organization of cities and incorperated villages and to restrict thejy powerg of taxation, &c.” This poe aah emte Wicroccr lodged. In the Osan amidarli on fterwards sub. stantially adop' yathe Supreme Court of the United States inthe case of McCullough vs. the State of Maryland (4 Wh t. 424): “ Every power vested in a government is in its nature sovereign, includes by force of the term a right to aie a the means requisite and fairly applicable to the attainment of the ends of such’ powerjand which are not precluded by restrictions specified in the constitu~ tion or not immoral nor contrary to the essential ends of politiegl,sdbiety:” But it is contended that the legislature could not delegate its authority to create corporations to the County Court. ong and so pressly provided by sec. 31st of article 4 of The power of the king to grant a license to . a subject for the creation of a corporation was formerly d° puted in England. But it has long been séttléd; diffis now established be. yond, w«that the sovereign may grant a hi © one or more of his subjects to create a corporation or to create corporations ger <it is said “ Qui facit per alium, faci er se, and the persons to whom the powétis* delegated are only the in. Strumen hands of the government. The acts of the instrument] in these cases become the acts of the mover under the familiar fifove mentioned.” ' é . . . This doctrine has been recognized and acted (Angel on Corpo-. By the 25th section of the act of 1855, cre: ating a board of supervisors in the counties of this state, and defining their powers and duties, it is provided that “the board of super: visors shall have and exercise in its county all jurisdiction and powers other than criminal conferred by any law on the Court of Sessions or heretofore exercised by said court under any statute, or by any statute provided to be. the name of Dickey, ‘one of the propriedoes . tors of the Golconda tunnel, while engaged in unloading a car of stones, lost his equiexercised by said court when the same not conflict with the provisions of this act Yet a compliance by the board of supervisors with the prayer of the petitioner should not, it seems to me, be had for the following reasons. That portion of the repealing act ~equiring. some severe contusions by the fall, but at the appointment of a commissioner by the county judge, is unconstitutional and void. The appointment of a commissioner is not a judicial act, and embraces a power not conferred by the constitution upon county judges. Article 3d of the constitution provides that the powers of the state government “shall be divided into three separate departments—the legislative, the executive and the judicial, and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any iunctions appertaining to either of the others, except in the cases hercina er expressly directed or permitted.” The county judge is a judicial ofiicer ard as such vested with a portion of the powers of the judicial department of the government, and it only remains to determine whether powers not properly belonging to “iat department can be conferred upon him. Section 8th of article 6th of the constitution provides that the county judge shall hold the county court, &c., and, “he shall perform such other duties as shall be required by law,” and under this last provision it is contended that the statute requiring the county judge to appoint a commissioner is regular and constitutional. It must be borne in mind that the framers of the constitution in the section last above named were defining the powers of the county judge asa judicial officer, as a representative of one of the three deac, Williamson, Hsq., was appointed a commissioner in the premises, and reported the city indebtedness as being cisions of Judge Searles, as they are of . $8,051-17, the relator being a creditor to the : amount of $406, for services as a policeman, which indebtedness was established by the tes. : timony of witnesses, no scrip having been is-. known before in Nevada. . J. R. McConnell, Att’y . sued to him by the city authoriti-. to pay all of d per centum of t d which do not conflict; which wet ever collec’ d and paid over to the which lay concealed beneath our hills, to. clerk, was re-elected, Hayden of Sierra . clear and till the soil of onr valleys, so. Assistant, and Gates of Calaveras Ser-' that we might be independent ef all the. geant-at-Arms. The House is now thorworld for the bread of life, called only oughly organized as well as the Senate. . for physical energy, good sense and in. The contest in the latter body to-day for domitable will. All the world will bear! the officers, was a close and interesting . us witness that in these qualities we have one; but the Americans triumphed in never been found wanting. overy thing but the clection of doorBut it is a happy era in the history of keeper, which is unimportant. The noma State, when the reign of brute ferce. ination of Co! Ross of Los Angeles for ceases, and when the commonwealth be-/ Sergeant at-Arms ef the Senate secured gins te pass from the age of iron into the the vote of the independent Senator foom age of gold—befere luxury has degene-. that section, on the three offices of Serupon in several of the United States. cise OfSde@Mary’s Church, 7 Serg & Rawle, Penn. Rep. page 517 and cases there cited.) ore lecked up in the rocks of thetantedi-. , long career of popularity, well earned by luvian world, with the mountains heaped . safe steamers and excellent commanders, and upon them, the knowledge of what was, . their route is now unquestionably the healththe belief of what is, strengthened and_. iest and most pleasant: From having scv-—. lecislatyge: to delegate authority to establish . fo] eral times made the trip over this route, we (See . partmcnts of government, and it is fair to pre . sume that in saying “he shall perform such other duties as shall be required by law,” du=< thy the patronage of our citizens. hance the pleasure ef the audience. We understand that their stay in Neva if the y wish to secure scats. ————®>-librium and was precipitated down asteep embankment abont 60 fect. He received present is rapidly recovering. Ricu Quarrz Leap.—We have recent accounts from the Copper Hill Quartz Lead near German Bar, which state that the quartz recently taken out is as rich as formerly. The Copper Hill Co.’s claims, four in number, are leased to a company who work them at the halves; and it is said the lessees and the proprietors have all made fortunes within the past year. What is a little singular is, all this gold has been separated from the quartz in o small mortar. The fortunate proprietors of these claims are’ Messrs. Warner, Fellows, Corbett and Mead, who reside at Snow Point in this county. Other companies have located claims on this quartz lead, and the company whose claims join those of the Copper Hill Co. are now at work opening them up. — oa Fouxn.—In the Editor's desk. a green silk parasol with an ivory handle and fancifally ornamented mouth piece. Ifthe owner will call at our sanctum she shal! . receive the property, and be otherwise suitably rewarded Tux Ravex’s have been performing to full houses every night since their first appearance on Monday evening. Such a ush of pleasure seekers has never been And*e company has ever appeared _here, better worNotg the great expense so largea treupe must necessarily incur, ne pains is spar ed—nothing is lacking which can enda is limited to this week. Those who have not seen them should go, and go early Serious Accipent.—A young man by eenfirmed by continued discovery—all . tend to keep alive in the mining commuspeak confidently in the matter, and recommend those of our readers, who design visiting I have thus alluded to the power of the) tics of a judicial character, duties appertaining . be ws Sa ca —— = a asus to his peculiar department were intended, Any . Ttesday last of Wm. Bullington, formerly Treasurer 0 comperations because the point is raised by re-. Other construction would destroy the barrier = eee B2 ex acy ae a pel with lies brick. . which has been thrown aroand the powers of POT#!Y imsanity. Or Rk ee ni sit 26 gente to 100. that by din aah dade the judiciary by the constitution, and so far as the honors of Masonry. of which order he was a mem . nity a spirit of adventure which in any. : x the Town of Nevada became a corpo: the States, or sending for their familics, to) ration there is uo such delegation of power as other land would. be deemed madness. pee sal of it He i x 3 make a trial of it, Take, as an illustration, the tunneling . Farwrne in THE Mountatys.—Mr. operations now prosecuted in every direc-. tion and dissecting every hill. See a/g, Fenn, at his ranch in Eureka township of t company of perhaps six men, without’ in this county (about two and a half. means to even procure the common neces. from the village of Washington) has rred to, the Ist section of the act of March 27th, , it is provided that “Whenever a majority he inhabitants of any town or village lin this state who shall be qualified elec: under the constitution and laws of this contemplated by the authorities above re. . the county jude is concerned, limit his duties ‘only by the will of the legislature. But admitting the power of the county judge to appoint a commissioner, it docs not follow that the bowd of supervisors is clothed with a like power ; it sucecads only to . the jurisdiction of a civil nature heretofore conferred upon the Court of Sessions, and to require the board of supervisors of this county rated into effeminacy, and goed taste into! geant-at-Atms, President pro tem. and a morbid love of novelty. . Engrossing Clerk. The vote of Burton, We see signs whieh lead us to believe’ fer Secretary of the Senate, Assistant that such a day is dawning upon CaliferSecretary and Enro"ing Clerk elected ‘which it must require years and thousands of dollars to complete. Listen to their . plans—the theories upon which they build ‘saries of life, coolly commence a work the past season 350,000 pounds of pédta-. v toes. He has now over twenty™ thules ;employed im packing them to the vari ate and saall have resided in such town or illage thirty days, shall present a petition to bei the county court of the county, setting forth . the letter and the spirit of the law. es he metes and bounds of their town andcom:; Again it has been urged that without the mons, with a plot of the same, and praying Power of appointing a commissioner the board the county judge, would be to trarseend both to exercise a power thus specially delege cd to . nia. Straws show how the wind blows. . The formation of lyceums and young, men’s associations in the cities, the establishment of courses of lectures, and the . encouragement and patronage which they . are recciving, are omens of a change in those officers. Ashley of Monterey was elected President pre tem. of the Senate, Wm. Bausman Sceretary, Rasey+ Bivin Assistant, Charles H. Miller Enrolling Clerk, and A. E. Waits Engrossing Clerk. their hopes of future fortune. of ages past as other men of yesterday. They found their hopes upon the world of millions of years since, upon changes They talk that they may be incorporated, &e., aud the. #0 take jurisdiction, audit demands and levy q, . Court shall be satisfied the population of such 4 t@X under the statute. ‘The unswer is, that ". town exceeds two hundred in number, and that it is made the duty of the commissiener to col: ‘mining settlements in the vicinit; they sell readily at ten cents per poun ‘In quality they are said to be decidedly (superior to those brought up from the . 5 ‘said town incorporated.” jvalley. Besides potatoes, Mr. Fenn has , P signed the petition, the said court shall declare thority g-ven to enforce payment by coercive . measures. . a majority of the inhabitants thereof have lect the tax, and even to him thore is no au-. casu _A statute may no doubt be uncon-. By the above section it appears that the Stitutioual in part and void pro tanto, and yet . ber. He leaves a wife and many friends to mourn bis . loss SP <a———___ — learn that the ceunexion of Mr Iti . Tax Demociar.— We Shipley with that paper ceased with the last issue, said that Wim. PF. Andersow, Psy. will as rial chaige herceforward. une the ¢ Mr. Anderson is well know: in this community as an able lawyer and secomplishe gentleman. The Democrat wi" Jo-c nothing by change. GS. Our thinks to Langton & Co. the Pacific. Wells, Fargo & Co. for ¢ spre s favors during the week ee Tus NewLy Wevprp.—We had the pleasure this wee} of tasting cuke and wine with that pair of Bened MeCoy ard Wm. Butterfield. We can ter wish than all the happiiess wish fen “1 their new re wl ‘ch their manly qualities deserve, New Srace.—A new tri-week . i tablished between this place . stand that the proprietors ar: ed and prepared { public sentiment from which we draw an; Am attempt was made in the two bodies augury of good. It is well for a people! when the necessity for for constant labor has so diminished that its attention may . be turned somewhat to the amenities of . life, to the acquisition of other than ne-. cessary knowledge, to science and the: arts. It is true that lyceums and lectures do not call fer the highest order of intellectual effort. But the fact that discussions and addresses upon literary and . to adjourn in honor of the victery at New Orleans, but the move was very properly . voted down by the Americans. This adjournment of legislative bodies at an expense of two thousand dollars per day to. the State, to commemorate a battle, would if followed out, give Legislators three holidays a week, which, for a State four millions in debt, is not a very economical mode of precedure, to say the least. time, from which even the geologist recoils, the reasoning miner returns. Traywe eee ear cleans with moun. to decay, than those raised “ff the valley . court to which jurisdiction is given by the con. tains, he weighs, considers, determines) below. The hills of the Sierra Nevada . stitution in special cases—in “cases not known . lie, as in Eureka, several f¥Aths in the’ . . and acts. Poor he may be—unfortunate. may yet beeome as famous as the Green . to the general framework of our laws,” for by . court upon the hearing of evidence, aud the fF the parpose of controlling and managing . °o ad . ‘ ins “¢ te ah te cloariy VY Tpeed . decision is a judicial act, (Ex-parte Knowles, . the _— ol the coanty, as is ch a ly evinee! . year, are far more hardy, and less subject Sup. Court, Cal. July term, 1855,) and as such . bY the nature of the powers conterred by state . : a proper question for adjudication in that) Ute 48 well as by the provision of the consti-. tution authorizing the law creating it, and it. may well be doubted whether im giving to the . board the civil jurisdiction herctoture conferred . _— general topics are received by eur citizens With equal propriety might an adjournwith favor, amounts to what we claim fer . ment be proposed at the anniversary of} i he may have been—faith in his theory . Mountains of Vermont, for the producbuoys himup. By day and by, night he . tion of this staple esculent. toils; the midnight watcher or carouser! it, an evidence of a growing taste for literature and science. We hope this favor will increase. We believe a genuine and healthy literature is not merely an ornament to a State, but an instrument of its prosperity. We wish that California should stand side by side with sister States in all that relates to cultivation and refinement, as she now leads them in all that relates to energy and enterprise. ———@woo we&The decisions in the town cases which we publish in another celumn will we doubt not, give very general satisfaction. The people of Nevada owe much to the indefatigable zeal and professional skill of A. A. Sargent, Esq., who was counsel for the town in both cases. Se oo “Quid prior est in tempore, pricy est in ure.”——Supreme Court. “Quis custodiet custos.” --Eve. Bulletin. . Now we enter our solemn protest against . . the Battle of Banker Hill, Saratoga, . Yorktown, Lundy’s Lane, Buena Vista, . or any of the battles ef equal importance . to that of New Orleans, and in a short time we weuld have more days of recreation than labor—a state of affairs very much longed after hitherto by California representatives. Itisan auspicious omen of the future that every American Senater yoted to-day te proceed with the business of the Senate, and against a uscless expenditure of time. There is a strong opposition manifested . against the confirmation of Douglas as Secretary ef State. The reasons for the opposition are avewedly, that Douglas was not a member of the American party when the Governor was nominated, and did not become one until after the election ; that he is not a man of close business habits, not a true party man, &c. The policy of Johnson in making appointments exclusively from men of Whig $ antecedents is st 1 ithe use ef such Latin as the above, and. earn at plnegy saemetveried up aa es:hears the muffled sound that attests his. Leerstative.—The seventh session of perseverance. Months pass away—years). theLegislature behgState,has commenced perhaps—and he still works on. At, #¢ Sacramento. .A party which has been length in the dead hour of night, the last . Placed oak faces by the fiat ofa people blow is struck, and he is through. Areund . Whose rights and delegated ahi have the man who washes out the first prospect . Peem outtaged by their representatives pan stands a group that is well worthy . 2 the Legislature, is expected to stop the the pencil of a painter. The old man. “00d gates . of: profligate expenditure of who for years has toiled that he might the peophts money, inaugurate the reign take back to the partner of his life that of retrefichinent and reform, redeem the which shall cheer declining years; an-. Sitking credit of the State, provide ways other whose young children have forgotand means for an extinguishment of her ten their sire so long away ; that young. ‘¢bt, amb. by. setting an example of morboy whose cramped fingers have by each ality, sobriety and upright action, elevate mail renewed to some fair girl his story of. the meer fica Pe geen . unchanged affection; these and many the Standard of the other States ef the ethers are watching with an jnterest alae” by Aah doing, ne = _ which none who have not felt can know,. ?°!™° Incentive te immigration. Will the . expectations of the people be realized ? the result of th's first pan. Closer 2 epee snd; clase tis panne Ps irik . proper sense of the obligations and at last the result is before them—an. TesPousibilities resting upon our represenounce at least, they call it, and their fortatives, be qvetipregent with them influtunes are made. ‘Reing their action, and urging them onthat too in high places. If our judges . and writers will insist on speaking in) tongues unknown to nine-tenths of the on. It is more than hinted in certain quarters, that the lecality from which Douglas comes interferes with other arTo many a man the first prospect pan ward in the performance of the good but shows that years of labor and toil are lost ; but the energy, the hope, the unshakable belief of the California miner onerous work they have been set to do ? Or will four months be frittered away in people of the State, at least, oucht not. ™™sements which are deemed all imporx . tant to some of the opponents of Dougthe language they use to convey some . ji meaning to the remaining tenth? Wel i , 5 5 With regard to the Senatorial question, have quoted the s.ntences we haye given . senate Sik et a oe : a a word fer word, and a school-boy would be is ee ce ‘ sit ; ae — : ‘ aes Ss whipt for mingling genders and cases so SOAP) 50 SE Reeanes Wen aRy degros o absurdly. Now we do not object to A ceo senmie upon the strength of either of endl Liadiae «mee: withhiés' Whee itd looks te three candidates. It is true Foote ce aaah 3 a sini ens wild she are . ©ltims to be far in advance of all; so does ey b = Oui, t 1 . anly useful to conceal thoughts, it is ad—— Ms but from the most ee os mirably adapted for that purpose. But) ao ay * ™ probable that Marshall 7 we are certain no thought lurks concealed . "°* behind either, and that it is about beneath such expressions as these. We 7” — thing all round. see if a humbly submit that it we must have Latin . O"® will lead ‘on the a allot." The we are ontitled of right to good Latin. full engrossment of the time of the memTo abuse one’s mother tongue is bad Pets i@ the election of the permanent offiS es t 5 z vs enough. But it lives and can vindicate °°" of the two Houses, has prevented 29 itself. To misyse a dead language so yeta very free interchange of views on “ “ « fol . g * * * shamefully, argues too little 1espect for . Smeg but an. opinion prethe memory of the departed . Vails that quite a large number of Repre= J ees is sentatives are in favor of a new man. New Pisy.—Mr. Delano, better known ,Seme express themselves as caring little as “Qld Block,” is said to be writing ajWho the fortunate man may be. The new play, with Lola Montez as a heroine. {general feeling among members is, to dise accomplishment of nothing, but the ssage of conflicting laws, making our eady uninteligible statutes in a “state ‘of confusion worse confounded?” Will ymonths be spent in the fruitless attempt to faith by ending his existence. elect a United States Senator, and at last leaving that question to hang like um inDiscracerut.--“ Just fifty persons have. Cubus upon an entire session, to the detlost their lives during the last five months, by. riment ef some of the most important infalling through the holes in the streets into the rests of the State? And is there suffiay.” —San Francisco papers. ' Fifty known victims in five months!. ‘Bt far sceing sagacity in tho leaders of And how many have dropped suddenly. the new party, to steer clear of the obstathrough, too suddenly to utter a single cles that present themselves to stay us In word or shriek, and have never -hggn. °™" course? These are questions that heard of since—only missed from their the people ask themselves, and look with homes? What other city ever bore the team eons ie Aaguleiere re burthen of such a disgrace ? . session at Sacramento for their solution.— we. . Evervthing depends upon itsaction. A Remo vat.—The Justice’s Office of,A. judicions amendation of some important C. Niles has been removed to the second / laws, and a quick return of the reptesenstery of Mulford’s brick building on Main . tatives te their constituencies will be the street. Charles F. Smith and Win. ¥'. most popular move,our Legislature can Anderson have fermed a law. partnership} make. Itwill cement the American parand have their office in the front roopgpf ty together, and wed it to the hearts of the same building. the people. that his star will yet appear in the as dant is nevr lost. : Disappointment, sickness, poverty can not daunt, and death only destroys senate csemnetcectinn, . “special cases” Ido not understand that the framers of the constitution intended (as is sug. gested by relator) what is technically known in practice as a ‘“‘special case.” for no such “case” could arise in which the court where it originated, or an appellate court, would not have jurisdiction, Here then the county court decides only that there has been a com: pliance on the part of the inhabitants with the requirements of the law, from which it) follows that they are entitled to the benefits. which the law confers, and the declaration of the court declaring such town incorporated is but a judgment in the case before it. ‘The case of the application of an insolvent debtor for a discharge under the insolvent law is similar in principle to the one I bave been considering. The insolvent presents his petition, and on showing a compliance with the requirements of the statute, receives his discharge by the judgment of the court. Yet I apprehend it would not in such « case be contended that the legislature had delegated to the court any legislative power, or that the action of the court was not strictly judicial. I will not say that in the investigation of this cause doubts have not arisen as to the con: stitutionality of some portions of the statute ; but the plain letter of the law, the evident intent of the legislature, should not, I hold, be disregarded and set at naught without graver cause than to my mind has been offered. Wherefore it is ordered that the defendants have and recover judgment for their costs of suit. Caleb Remington vs. Supervisors of County of Nevada.—The above entitled cause comes before the court on a demurrer to defendants’ answer, showing cause why a per: emptory mandamus should not be awarded against said defendants, commanding them to appoint a commissioner and levy a tax in com: iance with the petition of the relator, Caleb mington. The demurrer is general in its nature and is interposed to the whole of respondents’ answer. The first clause of the answer is in itself, if true,a good and valid defence. demurrer is therefore insufficient and is ever. ruled, See Code Reporter, vol. 1, new serics, page 347. on the Court of Sessions anything more was} to county affairs. the jurisdiction conferred upon the county . judge and Court of Sessions, admitting its validity, was in the nature of a personal trust, and will not pass by a provision of a general nature. Smith’s Commentaries, page 713. It is unnecessary for me to discuss the other intended than the general jurisdiction relating . a I incline to the epinion that . . en li wat a shan ac in . *ccommodate the public in the very best manner. The wrought by the goddess mother Nature, . raised and sold enough of othe egetalegislature have seen fit to pass a general law . valid = io Parad: 4 seedy ial HOS 1 genttemanly agent af the company. Mr. Samuet. Neele 2 d t — f Mio on! for the incorporation of towns and villages, . the present instance, that portion which is Ud= /is always on handat.the Oriental Hotel to. book. “name. when naught but dead matter acknowl-. bles te pay all expenses of ¢ 5 whereby they are entitled to become corporaCoustitutional tends to render and does ren) yo an necessary infyrmation. Persons who wis edged her law. They talk of the timejhis ranch. His profits for t t year . tions, when it shall appear that the number of %€? ee beg F ein a — rage . to visit Marysville would do well to try the new line, * kote ~ _ ‘mer. . inhabitants in any such town or village exOperative for the object had in view by the! a 2 when these lofty hills were the channels! will exceed $25,000. An a peer. 2a aS hundred and that a majority thereof . '¢gislature, no good result can follow from an! ¥>_ Itis rumored that the California Stace Compan of rivers whose tenantless waves rolled . chant who resides in the uppa%” part of desire to become incorporated. Here then the 2ttempt on the part of the courts to enforce. has dissolved throachout the State, ‘i & . . . . a . ite nalca ris] : . c : 2 <> = through a silent world and into saltless. this county informs us tha otatoes . number of inhabitants and the wish of thos) Bs sees _ rae oe it will not be m ule. . tax Waattoce. We have bed tain uring the past week; sea. Back beyond this vast lapse of grown in the mouatains, where the snows . Majority become facts to be ascertained by the . gain. the board of supervisors is created . tj . ? not enough tu suati s, but suflic to re lease the frost bound ss and to cause the gloomy fa ces of our citizens t shade more cheerful. The clouds have not varel, and we hope for mere of the good thing to come. MARRIED. » Scott, both of Sw eT Valuable Property Fer Sale. WO HOUSES AND LOTS, situated ga Bould opposite H. R. Ferre’s Ba g known as the Lawson property, are now afer on the most reasonable terms, For furthe enyuire at the Nevada Journal Office ef N. P. BROWN. objection raised by respondents’ answer and the agreed statement, for if I am correct in the above positions, they control the whole case. Motion for peremptory mandamus denied. Ss meee piesa a Mixing at Watiovra.—-We learn that great preparations have been made at the above place for a successful mining season.—At Brown’s, and Squirrel hill the miners are doing well, and are being amply paid for their labors, Messrs. West, Neice & Co., have finished . their ditch, extending from Steep Hollow to within a half mile of Walloupa, a distance of eight miles. This ditch has been put through the past season and isan undertaking ef no ordinary kind—-embracing a scope of country that no doubt will be found rich, now that water can easily be obtained. Walloupa has improved rapidly the past six months. Many handsome buildings have been erected, and among the number a good hotel, the. by 'T. & M. McAuley, which *s an ornament to the place. TS oe a The holidays have farnished a rich harvest for saloon keepers--Democrat. And for the Town Marshal. NS Accipent.—A man aged 50 years, known by the name of “ Uncle Harry,” fell into a shaft near Lola Montez hill, The. near Grass Valley, on Wednesday night about ten o’clock. The shaft is 47 fect deep and contains eight feet of water. The act to incorporate the City of Nevada. The man remained in the shaft ten hours, passed March 13th, 1851, under which debtedness to relator accrued, was re; an act of the legislature, approved 1852; and by the 2nd section of named act the county judge of Nevada county was requested to appoint a commissioner to receive and dispose city, and to hold the proceeds subject to the 3 also to ascersaid city, and by said act and exp tory thereof, approved April 19th, 1852, Court of Sessions was required, upon the coming in of the commissioners’ report, to assess me vt and was taken out very nearly exhausted. eb. 14th, . The skin on his back was completely gone, the last . he having rubbed it off in attempting to gain the top. Such a power of endurof all the property of the. ance is seldem heard of. or we A tunnel and sub-marine railway tween France and England has been cided by competent engineers to be “~ quite feasible. The tunnel will be twentyone miles long, including a mile and a half on either side in order to give the and levy a special tax upon the property hold. . Becessary gradual descent to and from the ers of said eity, and a poll tax upon the citi: zens, if in their discretion they deemed proper, to pay the city indebtedness, which tax was to be collected by the commissioner. oe In accordance with the requirements of the } surface of the earth. At no point will the tunnel be within thirty-seven yards from the bottom of the channel, and consequently no danger of leakage will be apprehended. Nevada, Jan. 1lih, 1856. A. C. NILES, Justice of the Peace & Diforney at Law Removed to Mulford’s Brick Building M ain Street, Nevada. FASHIONABLE HAIR DRESSING SALOON AND BARBERYS SHOP. ESSE McGOWAN, recently from Marysville, would j form the cit evava, that he has ta : Kooms, No. 10 Mair 2 here hecaa at all times be found ready to attend io every branch of the professio: in which he considers himselt'a proficient. Fashionable Hair Cutting, and Shaving, executed eas and with despatch, He has had many yearsexperience, and in various ¢itie of the Union has had the reputation of keeping the keer est razors and the easiest chairs. Every convenience usually found in a Fashionable Sho always on hand. 37-tf J. Met? CHAS. F. SMITH. WM. F. ANDERSON Thaw Firm. SMITH & ANDERSON —Have associated themselves for the practice of Law Office in Mulford’s Brick Building, Main Street «= «= Nevada LEWIS TEAL, OF SAW PRANCESCO, Importerand Wholesale Dealer in Fine Wines, Brandics. Gin. Cigars. and Domestic Liquors. ; Has opened a Branch in one of the New Fir: Proof Stores, on Broad St. below Pine, NEVADA. N HAND, and for sale, Branpres of the following ce ebrated brands, viz :—Sazerac. DeForge, J. & F. Mar. tells, Pinett’s, Castilieon & Co's., Cognac, Vintages— 1805 and 1811. GINS—Meders—S wan—Cologne—W olfe’» Schnapps, &c. &e. ~ St. Croix, Old Jamaica. and New England Rum: Dull Gordon, and L. M. Sherry; Old Maderia; O’Porto and = gundy ort; Old Bourbon, Reserve and Monongahela V hiskey ; American Brandy and Whiskey, in kegs, 1-5th a 1-4 packages ; Cherry and Raspberry Brandy, do; Dunbar & Son’s celebrated Porter and Ale ;—Champagne, various choice brands ; Keisterner’s Sparkling Hock; John Du rand 4 Co’s. HautSauterne and Claret ; Gordon’s Rasptry and Strawberry Syrups. i : Y iecenes Brothers’ Ginger Wiee, Wormwood Cordial, Tem on Syrup. 4c.; Jamaica Ginger ; Bancrofts is ider; Baker 8 and Mills’ Bitters :—Old Pedch Brandy ; Kirsch ; Absynth, is . ho ae ee respectfully invited to examine my stock before purchasing elsewhere, as I feel confident, from my long experience in tha trade and the facilities in selecting my goods, that I can wll as lowor lower than any other stablishment in the place, — wis Teal, Nevada, and No. 37 Sacramento street, San Francisco N. B. Orders received here will be shipped direct from San Francisca to any part of the State. Any goods sol: by me not as recommended. can be returned at my ex nse. 37-tf Liberty Hill Notice. . OTIOF, is hereby given that on the 298th day of Febru ar .here will be sold at Liberty Hill, one undivided . third «. the Poesy Ditch, for peennia ts. on _—— belongs to A. V. Clark. The Ditch commences at 1 sond lipriog Canon and runs to Poesy Hill, said Ditch be ing owned by J. Brown, J. Tait and A. V. cg a y order of the Company, fix* JOHN TABT, See's ee

NEVADA JOURNAL, FRIDAY MORNING, JANUARY ll. San Francisco AGexcy.—L. P, FISHER, Iron building corner of Montgomery and Washington streets, is our dul authorized Agent at San Francisco, Grass Vartgy AGency.—E, A. KENDALL is our authorized Agent at Grass Valley, who will receive subscriptions ‘or the JocRwat and receipt for the same. AGENCY AT ALPaa.—G. W. TALLMAN, Esq., will act as our Agent at Alpha. Dissolution of Partnership. The partnership heretofore existing between E. G. Wairr, H, M. Futter, J. P. Sketron and N. P. Brown, in the Nevada Journal Newspaper and Job . Office, is this day dissolved. . All persons owing debts to the firm are hereby reques. ted tomake immediate settlement as one of the former partners is abc .t to return to the Atlantic States, BROWN & CO, Nevada Journal Office, Jan. 1st, 1856, PARTNERSHIP. The subscribers have this day formed a part= nership in the Nevada Journal Newspaper and Job_Office under“tne name of BROWN, FULLER & CO, : E. G. WAITE, H. M. FULLER, A.C. NILES, N.P. BROWN, Nevada Journal Office, Jan. Ist, 1856. ——— A Good Omen. The people of California have been eminently a a practical people. Like the . inhabitants of all new States, we have felt that the urgent call upon us has been rather for the energies of strong arms and . ready practical intelligence than for the . mere refinement of intellectual culture. . We have dug ditches, and tunnelled mountains, and have mestly left behind us in the homes from which we came that! knowledge which is not immediately con-. vertible to use. Heretofore this has been . necessary, and as it should have been. A people who in seven years have changed . an uninhabited waste into a flourishing empire, could not afford to indulge themselves meanwhile in the mere luxuries of literature and art. t To develop the resources of the coun-. elected. Speaker by the entire American . try, to opem the stores of mineral deposits . ‘. yesterday at 12, M. Editorial Correspondence. Tvespay, Jan. 7, 1856. The two Houses of the Legislature met But one Senator, De la Guerra, was absent, and but one or two Assemblymen. Nothing was done but to organize temporarily, administer the oath of office to new members, and test the strength of the two parties in the Senate. The nearly equal force of the two parties on the floor of the Senate, has created no little interest to know how the flying artillery composed of two independent senators, holding the balanee of power, weuld go when party questions were sprung. In the voting of yesterday upon resolutions having important bearings on the election of prominent officers ; the artillery played upon the ranks ef both parties somewhat, but showed a little more hestility to American than Phalanxism. Considering the former whig proclivities of the two Independent senators, this cottoning te locofocos has created seme surprise, which will be considerably lessened when the personal motives of the gentlemen are fully understood. Both claim to have jbeen elected by locofoco votes, and a “sop to Cerberus” is considered nothing more tla fair, and perhaps it isn’t. The American members met last evening in caucus to nominate parmanent officers for the two Houses. Every thing went off in the utmost harmeny, and today all the nominees were elected, with one exteption, that of dvor-kecper to the . Senate. The large majority that the American party has on the floor of the Assembly rendered the election of the American nominees an easy matter. Farley was. vote—53 in all. Anderson, the old . and speculation upon reasoning madness. jremain untouched—stores of the yellow pose of the Senatorial question as soon 5 as possible, proceed to the legitimate busnap anche ee arrangement . : sh it ag. Made between the rival s ip_companies, ae = oe es tas ae has been terminated, and the Pacific Mail The ey hewe eens papadling tha! steamship company intend hereafter to take a Z ‘course independent of the other. We are streets to-day, in henor of tho exploits Of; stossed: with thia determination for several Gen. Jackson, and preparatory to the in-. reasons. Passengers are carried over the auguration which is expected to take . routes at more reasonable prices, the compa: place to-morrow. The fine uniform com-. nies are more careful in their accommodations panics from San Franeisce presented a. to passengers, and the two lines stand more on splendid appearance. their individual merits. So far as safety, speed A grand Ball is to take place to-night and health are concerned, the Panama line is at Forrest Theatre, which is expected to decidedly superior. Owing to the present diss z patch on the Isthmus by railroad, few of the beat any thing of the kind ever gotten 3 daily accidents that have been almost insepera— up in the State. All the members of the ble from land travel at Panama and Nicaragua, Legislature have been presented with are to be encountered. The passenger lands complimentary tickets. There is a greatat Panama, and the next day, or two at farer crowd hanging around the Orleans and . thest, is steaming up on the Atlantic side. All infesting the purlieus of the Capitol, on the discomforts and exposure of river travel, I have ever before witnesssd at the commule navigation, night malaria, &e, are now mencement of a Legislature. They will te i ai P. OE REE. _ Dex . reatest achievements of this e get mney pein *P xing, 08 the Dome . Aihaek thousands of lives were sacrificed in mittees on Claims will have to watch for Geb bidealosiitiuax: ied takaienlh wield of llion relief bills, spingirng up in the night, like expended, yet the facilities it affords for rapid Jonah’s gourd. v. transit doubtless saves thousands from conRe EET — . tracting the deadly fevers of Isthmus travel, For the Journal. . while its revenue must pay a handsome perThe Mining Community of this State. centage on the great investment. Without If the race which peoples our State in tc ame vary +}, Of the Isthmus, the Panama company, oe ree ee ee . standing its splendid boats, skilled officers, and rapid passages, would have little advantage of tsrival. It is true the mishaps caused by Walker's expedition, the killing of scores of unoffending and unarmed passengers, including not be from the want of incentives to ex-. women and children, in cold blood, have cast are to people it in the future, do not prove the most enterprising among an adyenturous people, the closest reasoners of an age of abstruse physical sciences, it will jertion, or reward for successful effort, or. a deep shade over the other route, and to this a proper theatre upon which to develop . may partly be ascribed the superior popularity . those higer elements of man’s character,. of the Panama route, When the comfort, health and lives of so many are involved, as is the case in the immense tide of human travel, between the Atlantic and the Pacific, it is most important that adequate safeguards be placed j around those who are thus compelled to trust . themselves to the care of others, under circum. stances of comparative helplessness. The Panama steamship company have had in which energy verges upon desperation, The knowledge, already traditional, of the jsudden fortunes within the last few years acquired here, to be elsewhere enjoyed, the belief that even richer deposits yet ‘Paciric M. 8.8. Co.—We notice by the ae, Important Decisio We publish entire the following depeculiar in Nevada. The Pi (3 Gen. ‘own oO, —claiming to} be al pu The acts of Ro the inhabitants of repealing act, Isaac Williamson, E Upon the coming in of the commissioners P ~~ . report it is admitted that the Court of Ses: ‘ ority of a Stgte legislature to cre-. sions proceeded to and did levy and assess a . withst andin ate corporations with powers not repugnant to . poll and property tax svfficient the Constitution of the United States and the . said indebtenness, only : with the powers of the general government or . ¢reditors. . the Constitution of the State, is (say the law piace: 3 so clear-and -has“btett % often claimed andjexercisedy that it is unnecessary to offer any comment or authorities upon the point. bey But if it were in any way doubtful, it is ex: our constitution that ‘Corporations may be forme@utagge. tench) akiws, bit’ shall not be created by special “Act, except for municipal pur 37 of the same article it i { ‘it shall be the duty of the legisfitu Vide for the organization of cities and incorperated villages and to restrict thejy powerg of taxation, &c.” This poe aah emte Wicroccr lodged. In the Osan amidarli on fterwards sub. stantially adop' yathe Supreme Court of the United States inthe case of McCullough vs. the State of Maryland (4 Wh t. 424): “ Every power vested in a government is in its nature sovereign, includes by force of the term a right to aie a the means requisite and fairly applicable to the attainment of the ends of such’ powerjand which are not precluded by restrictions specified in the constitu~ tion or not immoral nor contrary to the essential ends of politiegl,sdbiety:” But it is contended that the legislature could not delegate its authority to create corporations to the County Court. ong and so pressly provided by sec. 31st of article 4 of The power of the king to grant a license to . a subject for the creation of a corporation was formerly d° puted in England. But it has long been séttléd; diffis now established be. yond, w«that the sovereign may grant a hi © one or more of his subjects to create a corporation or to create corporations ger <it is said “ Qui facit per alium, faci er se, and the persons to whom the powétis* delegated are only the in. Strumen hands of the government. The acts of the instrument] in these cases become the acts of the mover under the familiar fifove mentioned.” ' é . . . This doctrine has been recognized and acted (Angel on Corpo-. By the 25th section of the act of 1855, cre: ating a board of supervisors in the counties of this state, and defining their powers and duties, it is provided that “the board of super: visors shall have and exercise in its county all jurisdiction and powers other than criminal conferred by any law on the Court of Sessions or heretofore exercised by said court under any statute, or by any statute provided to be. the name of Dickey, ‘one of the propriedoes . tors of the Golconda tunnel, while engaged in unloading a car of stones, lost his equiexercised by said court when the same not conflict with the provisions of this act Yet a compliance by the board of supervisors with the prayer of the petitioner should not, it seems to me, be had for the following reasons. That portion of the repealing act ~equiring. some severe contusions by the fall, but at the appointment of a commissioner by the county judge, is unconstitutional and void. The appointment of a commissioner is not a judicial act, and embraces a power not conferred by the constitution upon county judges. Article 3d of the constitution provides that the powers of the state government “shall be divided into three separate departments—the legislative, the executive and the judicial, and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any iunctions appertaining to either of the others, except in the cases hercina er expressly directed or permitted.” The county judge is a judicial ofiicer ard as such vested with a portion of the powers of the judicial department of the government, and it only remains to determine whether powers not properly belonging to “iat department can be conferred upon him. Section 8th of article 6th of the constitution provides that the county judge shall hold the county court, &c., and, “he shall perform such other duties as shall be required by law,” and under this last provision it is contended that the statute requiring the county judge to appoint a commissioner is regular and constitutional. It must be borne in mind that the framers of the constitution in the section last above named were defining the powers of the county judge asa judicial officer, as a representative of one of the three deac, Williamson, Hsq., was appointed a commissioner in the premises, and reported the city indebtedness as being cisions of Judge Searles, as they are of . $8,051-17, the relator being a creditor to the : amount of $406, for services as a policeman, which indebtedness was established by the tes. : timony of witnesses, no scrip having been is-. known before in Nevada. . J. R. McConnell, Att’y . sued to him by the city authoriti-. to pay all of d per centum of t d which do not conflict; which wet ever collec’ d and paid over to the which lay concealed beneath our hills, to. clerk, was re-elected, Hayden of Sierra . clear and till the soil of onr valleys, so. Assistant, and Gates of Calaveras Ser-' that we might be independent ef all the. geant-at-Arms. The House is now thorworld for the bread of life, called only oughly organized as well as the Senate. . for physical energy, good sense and in. The contest in the latter body to-day for domitable will. All the world will bear! the officers, was a close and interesting . us witness that in these qualities we have one; but the Americans triumphed in never been found wanting. overy thing but the clection of doorBut it is a happy era in the history of keeper, which is unimportant. The noma State, when the reign of brute ferce. ination of Co! Ross of Los Angeles for ceases, and when the commonwealth be-/ Sergeant at-Arms ef the Senate secured gins te pass from the age of iron into the the vote of the independent Senator foom age of gold—befere luxury has degene-. that section, on the three offices of Serupon in several of the United States. cise OfSde@Mary’s Church, 7 Serg & Rawle, Penn. Rep. page 517 and cases there cited.) ore lecked up in the rocks of thetantedi-. , long career of popularity, well earned by luvian world, with the mountains heaped . safe steamers and excellent commanders, and upon them, the knowledge of what was, . their route is now unquestionably the healththe belief of what is, strengthened and_. iest and most pleasant: From having scv-—. lecislatyge: to delegate authority to establish . fo] eral times made the trip over this route, we (See . partmcnts of government, and it is fair to pre . sume that in saying “he shall perform such other duties as shall be required by law,” du=< thy the patronage of our citizens. hance the pleasure ef the audience. We understand that their stay in Neva if the y wish to secure scats. ————®>-librium and was precipitated down asteep embankment abont 60 fect. He received present is rapidly recovering. Ricu Quarrz Leap.—We have recent accounts from the Copper Hill Quartz Lead near German Bar, which state that the quartz recently taken out is as rich as formerly. The Copper Hill Co.’s claims, four in number, are leased to a company who work them at the halves; and it is said the lessees and the proprietors have all made fortunes within the past year. What is a little singular is, all this gold has been separated from the quartz in o small mortar. The fortunate proprietors of these claims are’ Messrs. Warner, Fellows, Corbett and Mead, who reside at Snow Point in this county. Other companies have located claims on this quartz lead, and the company whose claims join those of the Copper Hill Co. are now at work opening them up. — oa Fouxn.—In the Editor's desk. a green silk parasol with an ivory handle and fancifally ornamented mouth piece. Ifthe owner will call at our sanctum she shal! . receive the property, and be otherwise suitably rewarded Tux Ravex’s have been performing to full houses every night since their first appearance on Monday evening. Such a ush of pleasure seekers has never been And*e company has ever appeared _here, better worNotg the great expense so largea treupe must necessarily incur, ne pains is spar ed—nothing is lacking which can enda is limited to this week. Those who have not seen them should go, and go early Serious Accipent.—A young man by eenfirmed by continued discovery—all . tend to keep alive in the mining commuspeak confidently in the matter, and recommend those of our readers, who design visiting I have thus alluded to the power of the) tics of a judicial character, duties appertaining . be ws Sa ca —— = a asus to his peculiar department were intended, Any . Ttesday last of Wm. Bullington, formerly Treasurer 0 comperations because the point is raised by re-. Other construction would destroy the barrier = eee B2 ex acy ae a pel with lies brick. . which has been thrown aroand the powers of POT#!Y imsanity. Or Rk ee ni sit 26 gente to 100. that by din aah dade the judiciary by the constitution, and so far as the honors of Masonry. of which order he was a mem . nity a spirit of adventure which in any. : x the Town of Nevada became a corpo: the States, or sending for their familics, to) ration there is uo such delegation of power as other land would. be deemed madness. pee sal of it He i x 3 make a trial of it, Take, as an illustration, the tunneling . Farwrne in THE Mountatys.—Mr. operations now prosecuted in every direc-. tion and dissecting every hill. See a/g, Fenn, at his ranch in Eureka township of t company of perhaps six men, without’ in this county (about two and a half. means to even procure the common neces. from the village of Washington) has rred to, the Ist section of the act of March 27th, , it is provided that “Whenever a majority he inhabitants of any town or village lin this state who shall be qualified elec: under the constitution and laws of this contemplated by the authorities above re. . the county jude is concerned, limit his duties ‘only by the will of the legislature. But admitting the power of the county judge to appoint a commissioner, it docs not follow that the bowd of supervisors is clothed with a like power ; it sucecads only to . the jurisdiction of a civil nature heretofore conferred upon the Court of Sessions, and to require the board of supervisors of this county rated into effeminacy, and goed taste into! geant-at-Atms, President pro tem. and a morbid love of novelty. . Engrossing Clerk. The vote of Burton, We see signs whieh lead us to believe’ fer Secretary of the Senate, Assistant that such a day is dawning upon CaliferSecretary and Enro"ing Clerk elected ‘which it must require years and thousands of dollars to complete. Listen to their . plans—the theories upon which they build ‘saries of life, coolly commence a work the past season 350,000 pounds of pédta-. v toes. He has now over twenty™ thules ;employed im packing them to the vari ate and saall have resided in such town or illage thirty days, shall present a petition to bei the county court of the county, setting forth . the letter and the spirit of the law. es he metes and bounds of their town andcom:; Again it has been urged that without the mons, with a plot of the same, and praying Power of appointing a commissioner the board the county judge, would be to trarseend both to exercise a power thus specially delege cd to . nia. Straws show how the wind blows. . The formation of lyceums and young, men’s associations in the cities, the establishment of courses of lectures, and the . encouragement and patronage which they . are recciving, are omens of a change in those officers. Ashley of Monterey was elected President pre tem. of the Senate, Wm. Bausman Sceretary, Rasey+ Bivin Assistant, Charles H. Miller Enrolling Clerk, and A. E. Waits Engrossing Clerk. their hopes of future fortune. of ages past as other men of yesterday. They found their hopes upon the world of millions of years since, upon changes They talk that they may be incorporated, &e., aud the. #0 take jurisdiction, audit demands and levy q, . Court shall be satisfied the population of such 4 t@X under the statute. ‘The unswer is, that ". town exceeds two hundred in number, and that it is made the duty of the commissiener to col: ‘mining settlements in the vicinit; they sell readily at ten cents per poun ‘In quality they are said to be decidedly (superior to those brought up from the . 5 ‘said town incorporated.” jvalley. Besides potatoes, Mr. Fenn has , P signed the petition, the said court shall declare thority g-ven to enforce payment by coercive . measures. . a majority of the inhabitants thereof have lect the tax, and even to him thore is no au-. casu _A statute may no doubt be uncon-. By the above section it appears that the Stitutioual in part and void pro tanto, and yet . ber. He leaves a wife and many friends to mourn bis . loss SP <a———___ — learn that the ceunexion of Mr

Iti . Tax Demociar.— We Shipley with that paper ceased with the last issue, said that Wim. PF. Andersow, Psy. will as rial chaige herceforward. une the ¢ Mr. Anderson is well know: in this community as an able lawyer and secomplishe gentleman. The Democrat wi" Jo-c nothing by change. GS. Our thinks to Langton & Co. the Pacific. Wells, Fargo & Co. for ¢ spre s favors during the week ee Tus NewLy Wevprp.—We had the pleasure this wee} of tasting cuke and wine with that pair of Bened MeCoy ard Wm. Butterfield. We can ter wish than all the happiiess wish fen “1 their new re wl ‘ch their manly qualities deserve, New Srace.—A new tri-week . i tablished between this place . stand that the proprietors ar: ed and prepared { public sentiment from which we draw an; Am attempt was made in the two bodies augury of good. It is well for a people! when the necessity for for constant labor has so diminished that its attention may . be turned somewhat to the amenities of . life, to the acquisition of other than ne-. cessary knowledge, to science and the: arts. It is true that lyceums and lectures do not call fer the highest order of intellectual effort. But the fact that discussions and addresses upon literary and . to adjourn in honor of the victery at New Orleans, but the move was very properly . voted down by the Americans. This adjournment of legislative bodies at an expense of two thousand dollars per day to. the State, to commemorate a battle, would if followed out, give Legislators three holidays a week, which, for a State four millions in debt, is not a very economical mode of precedure, to say the least. time, from which even the geologist recoils, the reasoning miner returns. Traywe eee ear cleans with moun. to decay, than those raised “ff the valley . court to which jurisdiction is given by the con. tains, he weighs, considers, determines) below. The hills of the Sierra Nevada . stitution in special cases—in “cases not known . lie, as in Eureka, several f¥Aths in the’ . . and acts. Poor he may be—unfortunate. may yet beeome as famous as the Green . to the general framework of our laws,” for by . court upon the hearing of evidence, aud the fF the parpose of controlling and managing . °o ad . ‘ ins “¢ te ah te cloariy VY Tpeed . decision is a judicial act, (Ex-parte Knowles, . the _— ol the coanty, as is ch a ly evinee! . year, are far more hardy, and less subject Sup. Court, Cal. July term, 1855,) and as such . bY the nature of the powers conterred by state . : a proper question for adjudication in that) Ute 48 well as by the provision of the consti-. tution authorizing the law creating it, and it. may well be doubted whether im giving to the . board the civil jurisdiction herctoture conferred . _— general topics are received by eur citizens With equal propriety might an adjournwith favor, amounts to what we claim fer . ment be proposed at the anniversary of} i he may have been—faith in his theory . Mountains of Vermont, for the producbuoys himup. By day and by, night he . tion of this staple esculent. toils; the midnight watcher or carouser! it, an evidence of a growing taste for literature and science. We hope this favor will increase. We believe a genuine and healthy literature is not merely an ornament to a State, but an instrument of its prosperity. We wish that California should stand side by side with sister States in all that relates to cultivation and refinement, as she now leads them in all that relates to energy and enterprise. ———@woo we&The decisions in the town cases which we publish in another celumn will we doubt not, give very general satisfaction. The people of Nevada owe much to the indefatigable zeal and professional skill of A. A. Sargent, Esq., who was counsel for the town in both cases. Se oo “Quid prior est in tempore, pricy est in ure.”——Supreme Court. “Quis custodiet custos.” --Eve. Bulletin. . Now we enter our solemn protest against . . the Battle of Banker Hill, Saratoga, . Yorktown, Lundy’s Lane, Buena Vista, . or any of the battles ef equal importance . to that of New Orleans, and in a short time we weuld have more days of recreation than labor—a state of affairs very much longed after hitherto by California representatives. Itisan auspicious omen of the future that every American Senater yoted to-day te proceed with the business of the Senate, and against a uscless expenditure of time. There is a strong opposition manifested . against the confirmation of Douglas as Secretary ef State. The reasons for the opposition are avewedly, that Douglas was not a member of the American party when the Governor was nominated, and did not become one until after the election ; that he is not a man of close business habits, not a true party man, &c. The policy of Johnson in making appointments exclusively from men of Whig $ antecedents is st 1 ithe use ef such Latin as the above, and. earn at plnegy saemetveried up aa es:hears the muffled sound that attests his. Leerstative.—The seventh session of perseverance. Months pass away—years). theLegislature behgState,has commenced perhaps—and he still works on. At, #¢ Sacramento. .A party which has been length in the dead hour of night, the last . Placed oak faces by the fiat ofa people blow is struck, and he is through. Areund . Whose rights and delegated ahi have the man who washes out the first prospect . Peem outtaged by their representatives pan stands a group that is well worthy . 2 the Legislature, is expected to stop the the pencil of a painter. The old man. “00d gates . of: profligate expenditure of who for years has toiled that he might the peophts money, inaugurate the reign take back to the partner of his life that of retrefichinent and reform, redeem the which shall cheer declining years; an-. Sitking credit of the State, provide ways other whose young children have forgotand means for an extinguishment of her ten their sire so long away ; that young. ‘¢bt, amb. by. setting an example of morboy whose cramped fingers have by each ality, sobriety and upright action, elevate mail renewed to some fair girl his story of. the meer fica Pe geen . unchanged affection; these and many the Standard of the other States ef the ethers are watching with an jnterest alae” by Aah doing, ne = _ which none who have not felt can know,. ?°!™° Incentive te immigration. Will the . expectations of the people be realized ? the result of th's first pan. Closer 2 epee snd; clase tis panne Ps irik . proper sense of the obligations and at last the result is before them—an. TesPousibilities resting upon our represenounce at least, they call it, and their fortatives, be qvetipregent with them influtunes are made. ‘Reing their action, and urging them onthat too in high places. If our judges . and writers will insist on speaking in) tongues unknown to nine-tenths of the on. It is more than hinted in certain quarters, that the lecality from which Douglas comes interferes with other arTo many a man the first prospect pan ward in the performance of the good but shows that years of labor and toil are lost ; but the energy, the hope, the unshakable belief of the California miner onerous work they have been set to do ? Or will four months be frittered away in people of the State, at least, oucht not. ™™sements which are deemed all imporx . tant to some of the opponents of Dougthe language they use to convey some . ji meaning to the remaining tenth? Wel i , 5 5 With regard to the Senatorial question, have quoted the s.ntences we haye given . senate Sik et a oe : a a word fer word, and a school-boy would be is ee ce ‘ sit ; ae — : ‘ aes Ss whipt for mingling genders and cases so SOAP) 50 SE Reeanes Wen aRy degros o absurdly. Now we do not object to A ceo senmie upon the strength of either of endl Liadiae «mee: withhiés' Whee itd looks te three candidates. It is true Foote ce aaah 3 a sini ens wild she are . ©ltims to be far in advance of all; so does ey b = Oui, t 1 . anly useful to conceal thoughts, it is ad—— Ms but from the most ee os mirably adapted for that purpose. But) ao ay * ™ probable that Marshall 7 we are certain no thought lurks concealed . "°* behind either, and that it is about beneath such expressions as these. We 7” — thing all round. see if a humbly submit that it we must have Latin . O"® will lead ‘on the a allot." The we are ontitled of right to good Latin. full engrossment of the time of the memTo abuse one’s mother tongue is bad Pets i@ the election of the permanent offiS es t 5 z vs enough. But it lives and can vindicate °°" of the two Houses, has prevented 29 itself. To misyse a dead language so yeta very free interchange of views on “ “ « fol . g * * * shamefully, argues too little 1espect for . Smeg but an. opinion prethe memory of the departed . Vails that quite a large number of Repre= J ees is sentatives are in favor of a new man. New Pisy.—Mr. Delano, better known ,Seme express themselves as caring little as “Qld Block,” is said to be writing ajWho the fortunate man may be. The new play, with Lola Montez as a heroine. {general feeling among members is, to dise accomplishment of nothing, but the ssage of conflicting laws, making our eady uninteligible statutes in a “state ‘of confusion worse confounded?” Will ymonths be spent in the fruitless attempt to faith by ending his existence. elect a United States Senator, and at last leaving that question to hang like um inDiscracerut.--“ Just fifty persons have. Cubus upon an entire session, to the detlost their lives during the last five months, by. riment ef some of the most important infalling through the holes in the streets into the rests of the State? And is there suffiay.” —San Francisco papers. ' Fifty known victims in five months!. ‘Bt far sceing sagacity in tho leaders of And how many have dropped suddenly. the new party, to steer clear of the obstathrough, too suddenly to utter a single cles that present themselves to stay us In word or shriek, and have never -hggn. °™" course? These are questions that heard of since—only missed from their the people ask themselves, and look with homes? What other city ever bore the team eons ie Aaguleiere re burthen of such a disgrace ? . session at Sacramento for their solution.— we. . Evervthing depends upon itsaction. A Remo vat.—The Justice’s Office of,A. judicions amendation of some important C. Niles has been removed to the second / laws, and a quick return of the reptesenstery of Mulford’s brick building on Main . tatives te their constituencies will be the street. Charles F. Smith and Win. ¥'. most popular move,our Legislature can Anderson have fermed a law. partnership} make. Itwill cement the American parand have their office in the front roopgpf ty together, and wed it to the hearts of the same building. the people. that his star will yet appear in the as dant is nevr lost. : Disappointment, sickness, poverty can not daunt, and death only destroys senate csemnetcectinn, . “special cases” Ido not understand that the framers of the constitution intended (as is sug. gested by relator) what is technically known in practice as a ‘“‘special case.” for no such “case” could arise in which the court where it originated, or an appellate court, would not have jurisdiction, Here then the county court decides only that there has been a com: pliance on the part of the inhabitants with the requirements of the law, from which it) follows that they are entitled to the benefits. which the law confers, and the declaration of the court declaring such town incorporated is but a judgment in the case before it. ‘The case of the application of an insolvent debtor for a discharge under the insolvent law is similar in principle to the one I bave been considering. The insolvent presents his petition, and on showing a compliance with the requirements of the statute, receives his discharge by the judgment of the court. Yet I apprehend it would not in such « case be contended that the legislature had delegated to the court any legislative power, or that the action of the court was not strictly judicial. I will not say that in the investigation of this cause doubts have not arisen as to the con: stitutionality of some portions of the statute ; but the plain letter of the law, the evident intent of the legislature, should not, I hold, be disregarded and set at naught without graver cause than to my mind has been offered. Wherefore it is ordered that the defendants have and recover judgment for their costs of suit. Caleb Remington vs. Supervisors of County of Nevada.—The above entitled cause comes before the court on a demurrer to defendants’ answer, showing cause why a per: emptory mandamus should not be awarded against said defendants, commanding them to appoint a commissioner and levy a tax in com: iance with the petition of the relator, Caleb mington. The demurrer is general in its nature and is interposed to the whole of respondents’ answer. The first clause of the answer is in itself, if true,a good and valid defence. demurrer is therefore insufficient and is ever. ruled, See Code Reporter, vol. 1, new serics, page 347. on the Court of Sessions anything more was} to county affairs. the jurisdiction conferred upon the county . judge and Court of Sessions, admitting its validity, was in the nature of a personal trust, and will not pass by a provision of a general nature. Smith’s Commentaries, page 713. It is unnecessary for me to discuss the other intended than the general jurisdiction relating . a I incline to the epinion that . . en li wat a shan ac in . *ccommodate the public in the very best manner. The wrought by the goddess mother Nature, . raised and sold enough of othe egetalegislature have seen fit to pass a general law . valid = io Parad: 4 seedy ial HOS 1 genttemanly agent af the company. Mr. Samuet. Neele 2 d t — f Mio on! for the incorporation of towns and villages, . the present instance, that portion which is Ud= /is always on handat.the Oriental Hotel to. book. “name. when naught but dead matter acknowl-. bles te pay all expenses of ¢ 5 whereby they are entitled to become corporaCoustitutional tends to render and does ren) yo an necessary infyrmation. Persons who wis edged her law. They talk of the timejhis ranch. His profits for t t year . tions, when it shall appear that the number of %€? ee beg F ein a — rage . to visit Marysville would do well to try the new line, * kote ~ _ ‘mer. . inhabitants in any such town or village exOperative for the object had in view by the! a 2 when these lofty hills were the channels! will exceed $25,000. An a peer. 2a aS hundred and that a majority thereof . '¢gislature, no good result can follow from an! ¥>_ Itis rumored that the California Stace Compan of rivers whose tenantless waves rolled . chant who resides in the uppa%” part of desire to become incorporated. Here then the 2ttempt on the part of the courts to enforce. has dissolved throachout the State, ‘i & . . . . a . ite nalca ris] : . c : 2 <> = through a silent world and into saltless. this county informs us tha otatoes . number of inhabitants and the wish of thos) Bs sees _ rae oe it will not be m ule. . tax Waattoce. We have bed tain uring the past week; sea. Back beyond this vast lapse of grown in the mouatains, where the snows . Majority become facts to be ascertained by the . gain. the board of supervisors is created . tj . ? not enough tu suati s, but suflic to re lease the frost bound ss and to cause the gloomy fa ces of our citizens t shade more cheerful. The clouds have not varel, and we hope for mere of the good thing to come. MARRIED. » Scott, both of Sw eT Valuable Property Fer Sale. WO HOUSES AND LOTS, situated ga Bould opposite H. R. Ferre’s Ba g known as the Lawson property, are now afer on the most reasonable terms, For furthe enyuire at the Nevada Journal Office ef N. P. BROWN. objection raised by respondents’ answer and the agreed statement, for if I am correct in the above positions, they control the whole case. Motion for peremptory mandamus denied. Ss meee piesa a Mixing at Watiovra.—-We learn that great preparations have been made at the above place for a successful mining season.—At Brown’s, and Squirrel hill the miners are doing well, and are being amply paid for their labors, Messrs. West, Neice & Co., have finished . their ditch, extending from Steep Hollow to within a half mile of Walloupa, a distance of eight miles. This ditch has been put through the past season and isan undertaking ef no ordinary kind—-embracing a scope of country that no doubt will be found rich, now that water can easily be obtained. Walloupa has improved rapidly the past six months. Many handsome buildings have been erected, and among the number a good hotel, the. by 'T. & M. McAuley, which *s an ornament to the place. TS oe a The holidays have farnished a rich harvest for saloon keepers--Democrat. And for the Town Marshal. NS Accipent.—A man aged 50 years, known by the name of “ Uncle Harry,” fell into a shaft near Lola Montez hill, The. near Grass Valley, on Wednesday night about ten o’clock. The shaft is 47 fect deep and contains eight feet of water. The act to incorporate the City of Nevada. The man remained in the shaft ten hours, passed March 13th, 1851, under which debtedness to relator accrued, was re; an act of the legislature, approved 1852; and by the 2nd section of named act the county judge of Nevada county was requested to appoint a commissioner to receive and dispose city, and to hold the proceeds subject to the 3 also to ascersaid city, and by said act and exp tory thereof, approved April 19th, 1852, Court of Sessions was required, upon the coming in of the commissioners’ report, to assess me vt and was taken out very nearly exhausted. eb. 14th, . The skin on his back was completely gone, the last . he having rubbed it off in attempting to gain the top. Such a power of endurof all the property of the. ance is seldem heard of. or we A tunnel and sub-marine railway tween France and England has been cided by competent engineers to be “~ quite feasible. The tunnel will be twentyone miles long, including a mile and a half on either side in order to give the and levy a special tax upon the property hold. . Becessary gradual descent to and from the ers of said eity, and a poll tax upon the citi: zens, if in their discretion they deemed proper, to pay the city indebtedness, which tax was to be collected by the commissioner. oe In accordance with the requirements of the } surface of the earth. At no point will the tunnel be within thirty-seven yards from the bottom of the channel, and consequently no danger of leakage will be apprehended. Nevada, Jan. 1lih, 1856. A. C. NILES, Justice of the Peace & Diforney at Law Removed to Mulford’s Brick Building M ain Street, Nevada. FASHIONABLE HAIR DRESSING SALOON AND BARBERYS SHOP. ESSE McGOWAN, recently from Marysville, would j form the cit evava, that he has ta : Kooms, No. 10 Mair 2 here hecaa at all times be found ready to attend io every branch of the professio: in which he considers himselt'a proficient. Fashionable Hair Cutting, and Shaving, executed eas and with despatch, He has had many yearsexperience, and in various ¢itie of the Union has had the reputation of keeping the keer est razors and the easiest chairs. Every convenience usually found in a Fashionable Sho always on hand. 37-tf J. Met? CHAS. F. SMITH. WM. F. ANDERSON Thaw Firm. SMITH & ANDERSON —Have associated themselves for the practice of Law Office in Mulford’s Brick Building, Main Street «= «= Nevada LEWIS TEAL, OF SAW PRANCESCO, Importerand Wholesale Dealer in Fine Wines, Brandics. Gin. Cigars. and Domestic Liquors. ; Has opened a Branch in one of the New Fir: Proof Stores, on Broad St. below Pine, NEVADA. N HAND, and for sale, Branpres of the following ce ebrated brands, viz :—Sazerac. DeForge, J. & F. Mar. tells, Pinett’s, Castilieon & Co's., Cognac, Vintages— 1805 and 1811. GINS—Meders—S wan—Cologne—W olfe’» Schnapps, &c. &e. ~ St. Croix, Old Jamaica. and New England Rum: Dull Gordon, and L. M. Sherry; Old Maderia; O’Porto and = gundy ort; Old Bourbon, Reserve and Monongahela V hiskey ; American Brandy and Whiskey, in kegs, 1-5th a 1-4 packages ; Cherry and Raspberry Brandy, do; Dunbar & Son’s celebrated Porter and Ale ;—Champagne, various choice brands ; Keisterner’s Sparkling Hock; John Du rand 4 Co’s. HautSauterne and Claret ; Gordon’s Rasptry and Strawberry Syrups. i : Y iecenes Brothers’ Ginger Wiee, Wormwood Cordial, Tem on Syrup. 4c.; Jamaica Ginger ; Bancrofts is ider; Baker 8 and Mills’ Bitters :—Old Pedch Brandy ; Kirsch ; Absynth, is . ho ae ee respectfully invited to examine my stock before purchasing elsewhere, as I feel confident, from my long experience in tha trade and the facilities in selecting my goods, that I can wll as lowor lower than any other stablishment in the place, — wis Teal, Nevada, and No. 37 Sacramento street, San Francisco N. B. Orders received here will be shipped direct from San Francisca to any part of the State. Any goods sol: by me not as recommended. can be returned at my ex nse. 37-tf Liberty Hill Notice. . OTIOF, is hereby given that on the 298th day of Febru ar .here will be sold at Liberty Hill, one undivided . third «. the Poesy Ditch, for peennia ts. on _—— belongs to A. V. Clark. The Ditch commences at 1 sond lipriog Canon and runs to Poesy Hill, said Ditch be ing owned by J. Brown, J. Tait and A. V. cg a y order of the Company, fix* JOHN TABT, See's ee