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Collection: Newspapers > Nevada Daily Transcript (1863-1868)
April 9, 1868 (4 pages)

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Page: of 4

Ble, ‘Buily, Seine
‘wRVADA crry, CALIFORNTA.
a =e ieee eee
‘THURSDAY, APRIL 9th, 1868.
v2
ready announced, the counsel of
‘Johnson. will commence his .
eee _ defense. before the Court of Impeach.
Pas ‘ment to-day.
_ the ground that the evidence if uncon_ tradicted is insufficient to warrant his
conviction. There is no possible chance
to contradict the main facts relied pon
by the prosecution. They are briefly
as follows: That Johnson, after having
‘acknowledged the binding force of an
Act of Congress willfdlly violated its
provisions,and upon proof of this single
count he ought to be removed from
" office, He was not elected either for
the purpose of making laws or passing
upon their constitutionality, and by
doing either he violates one of the
Plainest provisions of the Constitution:
and usurpes authority which is dangerous to the liberties of the people. He
has acknowledged the binding force of
the Tenure of Office Law by issuing
instructions for making eppointments
and removals under its provisions, and
~~" “glso by suspending Stanton during the
-pecess of Congress, and at its meeting
submitting his reasons for the removal
“as required ~ After commit.
ting himself in, this way and failing to
~~ accomplish his purpose, he removed.
Stanton in defiance of the law, upon .
=the plea of a desire to test its eunstitutionality. If the President has the right
to-test the Tenure of Office Lawin this
~ ‘way has he not also-the right to test
any other law in the same way? This
position cannot be denied. All laws are
subject to the arbitrary will of the
President, if Johnson is correct, and he
would have as much. power in his hands
asthe most absolute despot on the earth.
___How can Democrats who pretend to
oppose the centralization of governmental powers, sustain the President in
his war against Congress, when his triumph could lead to no other result than
clothing the Executive with the power
to overturn all laws which are not to
his liking. With such a theory of
Government there would be no use
whatever of Congress. Looking at the . .
question from this point of view the
dmpeachment trial in its influence upon
the future is far more important than
the immediate results which will follow
from a conviction or acquittal. To the
loyal people of the country the removal
of Johnson is looked upon as necessary
_ 40 the peace of the nation as well as for
————— establishment-of loyal governments
in the South. He has obstructed the
_ work by every appliance at his command, and to him we are indebted for
the rebellious spirit which exists.
' A second count in the case which is
‘established beyond doubt is found in
the proof that Johnson did, in his
speeches at St. Louis and other places,
use the language reported, and that he
lied when he put in the plea that he
was misrepresented by the reporters.
This language was the most bitter denunciation of oe and revolutionHe declared Gongrem to tie an “unconstitutional bedy .
hanging upon the verge of the Government,” denounced laws which he had
‘been executing as infamous, disgraced
att "the position which he occupied, and endeavored to bring reproach upon the
country in the eyes of other nations,
He has been proved unfitted for the
high position to which he was elevated
by the. ’a bullet, and unworthy
‘to be the ruler of a free people.
‘Five hundred and forty miles.of the
from Omaha across the continent, are
now finished, the track being laid and
trains running within ten miles of the
summit of the Rocky Mountains. The
prospect that the whole grand line to}
the Pacific will be completed in 1870
_ was. mever better. The means so far
Si provided fot construction have proved
ne _ einple, and there ts n0 lack of funds for
enterprise. The Company’s first mort8 are Row offered at par.—
Sotunae t
‘
*
Sm
“Whey will probably take .
. the bursting of a boiler, or by explosion
from any cause, this Company shall not
. vault was filled with gas; and on the
. or rather was one of the conditions
Nevapa County PLAINTIFF, vs.
Tue Pacrrio Li8uraNcR CuMPANY
Dmrenpanr. —Btate of California, Coun
ty of Nevadasin the District Coutt of
the Fourteenth Judicial District. This
action is upon a policy of ‘insurance
against fire. Ajury was waived by the
parties, and the cause’ was heretofore
heard by the Court and taken under ad. visement. I find the facts to be as ag
Jows; =.
On the 19th ‘day of May, A. D., 4807,
the defendant executed, iseued, and deinsurance on file as evidence inthe
cause marked “Exhibit A,” (and hereby
made part of these findings) By this
instrument the defendant, in the first
place, in ordinary and apt language, insures the plaintiff for one year against
“loss or damage by fire” to the amount
of $30,000, on' the “granite and brick
building known as the. Nevada County
Court House,and Prison,” situated in
said county and State. Annexed to and
forming part of the policy are several
exceptions, conditions and limitations,
among which is the following : “If any
‘property covered by this ‘insurance be
damaged-by lightning, earthquake, or
be liable therefor, ‘unless fire ensues, .
and then for loss by fire only.” During
the year for which the building was insured it was damaged in the following
manner; The building was supplied
with common illuminating coal gas.—
There were two fire proof vaults attached to the Clerk’s office in the
building, one opening into the other,
and in the inner.oné there was a gas
burner which was generally kept burning during the day and turned off in the
evening when the office was closed.—
Daring the night. following the 26th
day of July, 1867, by some accident,this
next morning, (July 27th,) one of the:
clerks entered the vault and lita match,
-whena terrific explosion. of the gas . &
took place which shattered and displaced the walls of the vaults, displaced and
damaged the walls between the office
and vaults, and between the office and
hall, blew out the windows and casings
and destroyed the door of the office
and broke and injured some chairs and
desks. The damage . thus caused
ounted to $1,150. :
w papers, and a few doors of vigeon holes, were burnt and ‘scorched ;
but no damage is claimed for loss. by
burning. The loss for which damage
is asked was the direct mechanical effect of the explosive force, not of barning—of expansion, not combustion.—
No fire occurred; after the explosion ex‘cept as above~ stated: Of course the
burning of the match was the cause of
necessary to—the explosion of the gas
at the time it occurred, oe
The statement and notice of loss -required by the policy~ were duly and
properly made and given, and demand
was also properly made.
Upon the foregoing facts I find, as
matter of law, that the loss for which
damage is claimed is not covered by the
policy, but is within the exception
above recited ; and that, therefore,plain.
“tiff isnot entitled to recover in this action. Let judgment be rendered denying the prayer of the complaint, and
giving defendant costs.
Done in open Court, April Sth, 1868.
T. B. McFaranp,
District Judge.
Opinion. This case has two marked
features which distinguish it from eithpats . “an ake ii the briefs, and
which, in my ju ent, clearl defeat
plaintiff's right to recover, In the first
place, the exception includes explosions
any cause—which includes explosions cansed by fire ; and in the second
place, there is no loss by fire Allowing
and caused by the ex 3
two conditions are not a —r
any case cited by counsel for plaintiff.
In Scripture vs the Lowell Insurance
Co, ells eo ge oe pry paren
fonts neh he. eae it ;
and the policy was an ordinary policy
dire, with too exeuption ot ceytee
pec Ph ily wonnade pred ser ded
the alec no ~
a contained no p+ aed of
Babcock vs
livered to plaintiff that certain policy of}
“fire b ‘Jightcae insuring oy
7” the inva iding was strack .
by ty fabthing and da royed . r being
torn to pieces, but without i sand
it was. held that defendant vn liable. ‘Corlies vs the City Fire Insurance
Company of New York, (21 Wend. 867) . °
is not in point. In that case, during a
general conflagration,the insured building was blown up with gunpowder by
order of the Mayor; and the decision
rested on the ground that the building
would inevitably have been burned if,
pit had not been blown up, Neither }
was there any exception of explosions
in that case.
On the other hand, the case cited by
defendant's counsetof St. John vs the
‘American Insurance Co. (1 Kernan 516)
—if, indeed, any authority is necessary
wheré the meaning of the language
used isso clear and obvious. In that
casé there. was an exception jn the poliey of any loss ‘occasioned by the bursting of a steam boiler.”
boiler. bursted in the building insured,
by which fire was brought into contact
with and actually consumed the building. It was held by the Court that the
insurer was not liable; and although
there was a dissenting opinion, the latter went upon the ground that the exception rotected the insurer only
against’ the mechanical effect. of the ex-.
sang free, and not against the burning which tollowed—holding that the
fire, and not»the explosion, was the
proximate cause of the loss. But the
Court was unanimous in the opinion
that if there had been no Joss by com—
‘bustion following the explosion (as in
the case at bar) the plaintiff could not
have recovered.
Counsel for plaintiff « claims that the
exception in the policy only ‘covers ex_plosions not caused by fire. But, in the
first-place, the express words are, “x=
plosions from any cause ;” and, in the
second place, the ¢ ction contend= .
ed for would make the exception entirely useles#-and. inoperative, becausean insurance against fire does nut cover
loss by an explosion in which fire has
no agency, and theré\was no need of
excepting against such an_explosion.—
To hold, therefore, that the exception
was intended to be. of something not
contemplated in the body of the policy
would be to violate the rule of construction that every stipulation in a contract
must be so expounded (if possible) as to
ive it some operation.
the instrument, that the intention of
the defendant was not to be Hable for
loss by an explosion of any kind, and
no matter how occasioned.
T. B,. McFar,Lanp,
District Judge.
This is the THE KuxLUK-KLAN
name of a secret organization existing
in the South, having for its object the
defeat of reconstruction and the intimidation of voters. General Meade has
issued a rigid-order against all such
speakers and others who obstruct the
laws of Congress. He assures loyal men
of protection and threatens offenders
with trial by Court: Martial. A Republican meeting was broken up in Savannah by~ the Kuk-luk-klan, General
Sheppard has issued a similar order in.
Alabama.
ELEctions.—The "Dessseciedey have
carried Connecticut by about 2,000, and
the Constitutional Amendments providing for universal suffrage and prohibiting the sale of intoxicating liquors
are defeated in Michigan. These propositions were voted on separately.
F a ern
ARRIVALS AT THE =
NATIONAL EXCHANGE HOTEL.
aa Broad Street, Novas City, California.
——=
April 8. 1868.
Folsom San Fr A Burnett BrownsV
itham do A Stafford
ng LakeC
do W HCoffman U Bet
Gra V T Holmes do
erwood do J H Richardson do
ine do OF Davis Oak TR
Iton do
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is the strongest authority for defendant .
Afterwards.a .
I think it clear, from the language of
conspirators and also against all public
LANCASTER.& B + MASEY, Prop’s. .
“MAY cEamaariog
—FOR THE—
BENEFIT oF LIBRARY FUND,
—OF THE—
‘METHODIST SUNDAY SCHOOL,
— ae
NEVADA THEATRE. .
rpEs Exercises will consist of
Declamations,
Dialogues, :
Sa Tableaux,
: Songs,
Ete.
To conclude with the Coronation of May
Queen, by the School
‘Tickets may be obtained of the pupils of the
School. or at thé'ddor on the Evening’ of the
Exhibition.
The Exhibition will be given the Even=
ing before the May Pic-Nic of which
due announcement will be made. ap7
Pioneer Wagon & Blacksmith Shop
Cor. Broad & Sacramento Sts,
— A. CHURCH, Prop’r
3, WAGONS built and Repaired
sms ee Vehicles ironed and all kinds of
Na Oe Biacksmithin dove.
STOCK, L tM fi eceeee of W ap iA ON
on
kinds oe Ww D AND 1 TRON WORK
ties a the best ae and at short notice.
What do you want ?
I ee I
G B P
A zs E
R s Sea Ss
~ c
. oO
A, I. ZEKIND’S.
. LIQUORS AND CIGARS.
_ Victor Chevalier
Dealer. inThe want of Liquors and Cigars,
orner Pine and.Commercial Sts.—_NEVADA,
CLignors sold by the drink or bottle
*Gente—call and see_me.” 710
PIONEER ASSAY OFFIvVG.
(Established in 1853.)
JAMES J. orT
Office—2S Main Bowing Nevada “City
OLD AND ORES OF . EVERY DESURIPa (Bods é ‘@nd Assayeu. Correctnesr
sa
Melt in the presence of depositors.
White Mulberry Seed,
(Morus Alba.) ,%
‘Aud Garden Sceods, of all kinds,
For Sale by
CHARCOAL + ROM SALE
JOSEPH DEBERNARDI
_ SPRING STREET, :
=a . tn
Physician an Surgeon,.
: oor nt to eal Ly
Re ONE .Chorusses, —_ .
National Exchange Cigar Store.
[spring cl ptaings
wen knaer: if 1s Let}
“SPRING Jerotelike Lae
—— ee =
CAMPAIGN OPENED . ...
. tga-DOWNFALL IN PRICES.
al
GREAT SALES oF 7
CLOTHING,
FURNISHING GOODS,
HATS, BOOTS, SHOES: &c.&c.
AT THE
Corner of Broad and Pine Streets,
BANNER BROTHERS,
Xr Having established the fhet that they
can and do sell Clothing, Boots,
Shoes, Hats, &c. cheaper than ahy
withthe —
—Or—
—AND—~
. FURNISHING GOODS,
We sell our Goods at from 50 to 75
7 We now offer you Goods at Lower Prices than
i you ever beoaght them before and
Chea “than you can wet ane
an ere cise.
~ Qur Spring and Summer Clothing, Farniehing Goods, and Business Suits are of the
LATEST STYLES
Fine Fashionable Dress Suits !
We will sell for Less Money than they ean be
_] bought ain wesenbies in California,
spill
Gentiuenenr: ww We ask you to examine our Clothing--we feelassurea we can satisfy you, both as to
. style, quali:y and price!
HIATS! HATS! HATS!
‘Enough i cover every man’s head in the.
conceivable shapes and colors.
SHIRTS. & UNDERCLOTHING.
On Hand--An unlimited supply of Fine
Star and Adkinson make.
. Kerchiefs, Patent Gutta Percha
€ravate; Neck Ties, Collars, Suspenders, and Yankee Notions of every de
TO ALL MERCHANTS!
Who deal in Clothing, both in this city and
county, we would say, call on us before going
te San Francisco to.make purchases. We can
than you can buy them at the Bay.
te OUR bases Is eearaatig
of any others.
And everybody in want of any Goods in our
line, had better consult their own interest ?
making purchases at the
GREAT CLOTHING EMPORIUM
of their competitors are now in the field .
Ever before brought to the interior of the State.
per cent Lower than former rates.
" Attention! All ye in want of Clothing 1
county—of the Latest Styles and of every ~
White Shirts, ‘including the celebrated —
(SPRING CLOTHING)
Under Clothing, Hosiery, Hand_
he
Pea .
ft
.
.
.
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