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Collection: Newspapers > Nevada Daily Transcript (1863-1868)

April 24, 1883 (4 pages)

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Ff Seihenal, that be cannot sue. them THE DAILY TRAN! xscrir. . NEVADA CITY, CAL. ae bach n.r abecpnens which is under the decision of that court granted BROWN & CALKINS, Prop'rs, LP. BROWN,..... Business LEONARD 8. CALKINS dBi een oes Manager -Editor nim Can anything in our courts be more farcical than. that? Yet such a state of affairs now exists in our State. It is time that the highest judicial tribunal in the land_decide which court in our State is right ns come APRIL 24. ee A pean conrLicT T OF OFINion. “ When’ ductots ididag digagree'the patient Bat when dies, i isan old adage. judges disagree, the litigants still live. During the past two weeks we have been favored with a very clear and learned judicial opinion from the Hon. Lorenzo. Sawyer in coneection. with the debris fitigafion, which so completely upsets what has been held to be the law in our State, that it only adds farther proof to the trite saying that nothing is more uncertain than the law. Some years since a suit was bronght jn a State court in Yuba county, bya man named Keyes, against a number of miners-on a mining fiver, in which suit an inJunction was askeii for. To this somplaint the defendants demurred upon the ground ef a misjoinder of parties defendant, claiming that they could not be thas joined, aa. there kind between them. This demurrer was overruled by the Judge and the. ease went to trial Judgment was rendered against the defendant,’ as was expected would be the case in such a partisan court. An appeal was taken to the Supreme Court of the State. On the hearing before that body, which was then composed of such able jurists as McKinstry, Wallace, McKee, Rhodes, Crockett and Niles, the demurrer to the decisian was also carriedjup, and was first argued and submitted. Upon the “Jegal point, of misjoinder of parties defendant, the court was unanimous im the opinion that the demurrer should have been sustained and that the parties defendant could not be so joined. “This has ever since then been the established law of similar cases in our State. Some time last year a man. named Woodruff living in New.York brought asuit, similar in all ways, against a large number of defendants situated in a similar manner, asking for similar relief. This suit was brought in the United States Circuit Court before Judge Sawyer. It was argued on both sides by our most Prominent members of the bar, among whom was one or more of the Judges of our Supreme Court who had decided the same points in the Keyes case, aa well as several of the lawyers who had argued the case in opr Supreme Court. Judge Sawyer, in.an elaborate opinioa delivered recently has taken an exactly oppesite epinion to our Supreme Court, and has decided that’ Woodruff can join as parties defendant those whom our Supreme Court decided could not be joined. So that as matters now stand, we bave two opinions from our legal tribunals, One, our State tribunal, decides that A, Band C cannot be sued in that way. The other, the U.S. Circuit Court, de. cides that A, B and C can be sued in that way. In the first case tive of our best judges were unanimoug in that view and opinion. In. the second case, Judge Sawyer alone is of an exactly opposite opinion, As matters now stand, a citizen of our State who is forced to resort to our State courts for redress is prohibited by the decision of our highest court from meing A, Band C jointly; whereas, in a preciscly similar case, a non-citizen cansue A, B and C jointly in the United States Court. This is certainly a very remarkable condition of affairs for our people and State, and should be rectified in some way without delay. It is not for bs to criticise the opinion of our courts and judges. We simply state the factsand only express ‘@ur wonder that on euch ap apparently simple proposition there should be such a variance, in fact, sucha diametrically opposite opinion and decision as now exists between these two tribunals, Which opinign shall our people be guided by? One says, *You can;” the other says, ‘You cannot,” We suppose the Woodruff . Phy case will reach the Supreme Court in Washington in proper time, when this conflict of opinion will be decided. In order that our readers may understand how farcical legal proceedings may become under these two. decisions, we will suppose that A and B own two adjoining .tracts of land, on a mining river, which they use for agricultural purposes. A is a citizen, B is a non-citizen. C, -D and.E are mining on upper portions of that river, their mines far apart.’ ‘Each one knows nothing of the other or of his operations, which are on different forks or tributaries of the river, with no privity’ or collnsion between them. A and B fear _ their land will be damaged or that it. has been damaged and will _bé” totally rained unless C, D and E » are restrained by legal proceedings from continuing their operations. A ‘brings ‘suit in our State court against . ©; D and E for this object, and is. 4° met by the decision of our highest na raeecieseesinrsteinenid THE NARROWS DAM. The Bee propounds to the ThaySCRIPT certain inquiries about the proposed debris dam at the Smartsville Narrowd. It wants to know— 1— What depth of water shali be . maintained behind it so that the debris may have opportunity to settle? 2—What arrangements are there for maintaining this depth of water behind the dam ? 3—Shall the crest of the dam be kept level,.and if so, by whom ? 4—If the dam shsll break and damage lives or property below, who shall be responsible? We are not prepared as yet to answer these questions authoritatively, not being in communication with the Dam Association, and shal! therefore not attempt to do so. We understand that plans and specifications for'the work are now being prepared by eminent engineers, and when the result is made known the Bee will not only get what information it} seeks for; but much more equally pertinent.” We are satistied, however, that if the element that the Bee represents are inclined to be fair abd reasonable, they will have no cause to complain of the Association’s course in respect to any of the points mentioned above. rae The Pains of Death. A Philadelphia physician has made a special study of the phenomenon of death, both through his personal observations and those of others,and his conclusion is that the dissolution is painless. ‘‘I mean,” he explains, “that it approaches as unconsciously as sleep.” The soul’ leaves the world as painless as it enters: it. Whatever be the. cause of death, whether by lingering malady or sudden violence, dissolution comes either through syncope orasphyxia, In the latter case; when resulting ;from disease, the struggle is-long protracted and accompanied by all the visible marks of agony which the imag‘ination associates with the closing scenesof life. Death does not strike all the organe of. the body at the same time, and the lungs are the last to give up the performanee of their unetions, As death approaches the latter gradually becomes more and more oppressed; hence the ratile, Nor ia the contact sufficiently perfeot to change the black venous into red arterial blood, and unprepared fluid consequently issues from the lungs into the heart, and is thence transmitted to every organ of the» body. The brain receives it, and its energies appear to be lulled thereby into sleep—generally tranquil sleep—filed with dreams which impel the dying to mnrmur out the names of friends and the occupations and recollections of past hfe.” A NEWLY-married Detroit clergyman took for his text, ‘‘She pleaseth me well.” —_—_— Opera Saloon and Bowling Alley, Basement of Theatre, Nevada City, ROGER CONLAN, Prop’r. . FH ‘toos, LEASED THE ABOVE S8ALOON, I extend: an invitation to my = friends and patrons, and the publie gengf to call at the “Opera,” where they will nd the best of Wines, Liquors, Ale, Porter, Beer and Cigars Constantly on hand, 4 BOWLING ALLEY in connection with the Saloon. a24 Common-sense Remedy. OALICYLICH, No more When wile Gout, or Neuralgia. Immediate Relief Warranted.
Permanent Cure Guaranteed. (Fiala YEARS ESTABLISHED AND never known tofail in a single case acute or chronic. Refer to all prominent sicians and druggists for the standing of SALICYLICA. SECRET: &@ THE ONLY DISSOLVER OF THE POISONOUS URIC ACID WHICH EXISTS IN THE BLOOD OF RHEUMATIC AND GOUTY PATIENTS BALA Taya is kriown as a common senge remedy, because it kes directly, at the cause of Rheumatism it and Nee gia, while so many fics and on Rega panaceas-onty treat locally the efme has been conceded by eminent scienae that outward such as: rubwith oils, ointments, liniments and lotions will not eradicate those disare the result of of ‘the ‘poisoning of of theb blood with Uric Acid, fect on this acid and so removes the disorder. Itisnow exclusively ‘used by all celebrated physicians of Medical AcaGemy Gane Pore reports per cent. cures in three REMEMBER THAT SALICYLICA tsa certain cure for RHEUMATISM, GOUT and NEURALGIA. The most intense pains are subdued almost waive stil mat guaranteed or mongl A BOX, 6 BOXES FOR #6 Sent free on receipt of money, Ask your Druggist for t. Do not be deluded into taking ml tiions or substitutes, or recommended just ” é with ‘sy sete fies at plea eigen me ae Vy pnre unon iedleponsible juisite Seema Take oe Peay ea cor Reade ade St, = . SATURDAY, APRIL'Y4,. 1883,, SAMICYLICA works with marvelous et Sacramento that offers greater inre. . TaCements te purchasers of groceries, ‘rovisions, ote. than the Beeliive, tail, go to the Benk Exchange. Sold au Cea I street, Nevada. tf by the drink, orin 5, 10 or 15 gal-j lon kegs. Cheap, pure and wholeiets pee nee instantf a akg ae tf if yi ig fay EP 3 # Heal “A Portable Electric by the Portable Electri Itis an economical and business 16, 1882. BANK ‘EXCHANGE SALOON, Broad Street, Opuosite Citizens Bank, The place has bees thoroughly condaaial and repainted, end ja is now the finest Saloonin the county. Customers will ‘always find on hand The Best Quality of Wines, Liquors and Cighie, BEER, ALE, PORTER, Etc, eessihiol panna AGENCY FOR THE Celebrated Philadelphia Beer, From the Philadelphia Brewery, San Francisco, Wholesale or Retail, 5, 10 or 15 gallon kegs. This is the’ Best Beer in the markel, During. 1882 the Philadelphia Brewery sold 64;189 Barrels of Beer, which is MORE THAN TWICE the amount sold by any other Brewery in San Francisco. Give it a trial Families or dealers supplied on shosheetion, ALSO 0 ON N HAND Eastern and’ Weiss’ Bottled Beer. Only White Lighes Cigars Sold To patrons, from Giffin’s factory,and everything guaranteed as represented. Fancy Drinks of all kinds a specialty, and mixed from the best liquors. When thirsty: or in search of a he ge cigar, call at the BAN Ex anal GRAND OPENING BEARNEARD & SHALLENBERGER' he P ¢ Tite in bo cdliblichment north of most Fashionable stock. of CUSTOM E CLOTHING, . MEN'S DRESS AND. BUSINESS: SUES, ‘Raina TD—— YOUTHS’ AND BOYS’ CLOTHING. pace? , ereeny Particular attention is directed.to my line of.. . PRINCE ALBERT. SUITS, IN BROADCLOTH AND WORSTED, —AND THE— CASSIMERE AND SCOTCH BUSIIV Bes SsSuiTs. “THE BEST LOT OF FINE SUMMER UNDERWEAR Ever brought to this market. ae a . women THE “LATEST GUT” IN -. Neckwear, Fancy Shirts, $, Fancy Hosiery, Hats & Caps. An unusually large display of STRAW HAT SS Take a look at the SAMPLES IN THE SHOW WINDOW, . Then drop in and learn the low prices. he Odd Fellows’ Block, Broad Street, Nevada City. a THIS SPACE IS RESERVED FOR ‘THE NEW ADVERTISEMENT OF MRS. LESTER & CRAWFORD, . az, WAIT FOR THE MAMMOTH STOCK OF SPRING AND SUMMER GOODS Now being shipped to this store. ” NEVADA CoUuNTY.” .—— > O-——— a m re ce ey : aa8 2 ai Shh AE * ~ oh : {favorably known establishment with. an ‘a . large floor, arranged intd a . BAMBERGER BROTHERS, s Leading Dry Goods Firm in (GRASS VWALLEY.,. » ~Have recently connected their extensive, ell ell and] CARPET DEPARTMENT *’ ON A GRAND SCALE, ‘Having supplied Nevada County. with: “the Jongfelt wan lete line of carpets, from the, Sone est grade to the best of English Body Brussels, -BAMBERGER BROTHERSwere ; Respectfully invite the people of Nevada City: oad. vicinity to call and inspect their stock, imported ~ direct from American and English factories.Low prices and fair deali weC ; ered to’ fea joining counties, Just received from San. rancid, the Lascs, and. J. E. CARR. E2Glad Tidings to the > People of Nevada City. <3 oe THE CARPET;HOUGE. . itional . randest stock of wae The gran Pomme soe een ie “FANCY AND STAPLE EMS, Eyes known, to be in. one, estabh ARPETS!! CARPETS!!! ads we have this Spring the geted stock ever seen in North. ler to.give the people an op. Barpets in this city, we have ons.in. prices in all depart. ~, TAPESTRY AND. BODY: ‘BRUSSELS * lis: “such as>.was. néVver.*before . seen,in this aaty OIL CLOTHS AND LINOLEUMS — At greatly reduced prices. Any one wishing to buy CARPETS, OIL CLOTH, MATTING, Window Shades, Wall Paper Upholstering : ‘Goods, Etc., Should by all. means consult us before purchasing elsewhere. Goods delivered-to any part of Neyada County at our expense. *Ladiey, Misses’ and Children’s Hats a Specialty Respectfully, , ROSEN BERG BROS. : OPEN IIN G DAS Goring: aud Sum mar Dry Goods . SIMON DAY; APRIIKN2; 1883: e A. BIUMENTHAL,, berry Corner of Broad .and.,Pine Streets, Nevada City. HpeS received the Largest Stock of Spring and Summer:Dry and Fancy Goods ever brought to Nevada City, and will be sold at Astonishing “Low Prices.. have.receiyed a full assortment of ~ Summer Silks, Summer Dress G ods, Black Silks, Rhademas, anda fall assortment of Domestic Goods, Sheetings, Table Lin-. ens, Napkins, Blankets, Bed Spreads and Womforters,4@ A full stock of nee Goods and Cantley os tan sti Goods, -~O-———— CARPETS ! CARPETS! I have the largeststock of Body Brussel, Threeply and T apestry ever brought to this city: I invitetinspection of my godds;and guarantee prices the lowest in the county. Cuartry orders promptly attended to and samples sent on application. No Trouble to Show Goods. ae _ BLUMENTEHA a) Nevada Drug Store; Corner Broad and Pine Sts., Nevada City. WALTER:D. VINTON oan A Large Stock-of Patent Modicines Fine Perfumery, Fancy Soaps, . Combs, Brushes, Hand Mirmin Toilet Articles of all kinds. careful Attention Given to Compounding Prescriptions Bya ro Druggist, and PERFECT PURLEY guaranteed. AGENT FOR Tue BEST FIRE INSURANCE ‘COMPANIES EXTANT, a. IMPERIAL, LONDON, NORTHERN AND QUEEN,” ———aAND—__. ‘LIVERPOOL, LONDON AND GLOBE. ’ om nu. CARR BRozumns, . EX. Belden, . BS OF.THE banat DRUE STORE, Corner Pine and Genmorcial Sirests. DA Ci or NDA ant }PERF UMER Y: AND T ‘OILET “ARTICLES And sverything else, per found: in a fi: ‘st class . Dauc S10 ey . ; ry WE ALSO CARRY A FULE LIne Baan BOOKS, STATIONERY spacer nein eae Se st . emcee Rei He Barone Cars m fig. veal i ee ead ee