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Collection: Newspapers > Nevada Daily Transcript (1863-1868)
April 24, 1883 (4 pages)

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Page: of 4

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