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

April 9, 1868 (4 pages)

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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 lt Nee a ey b> z jae] 3. SE se Ha fice ‘: oF ceseeee oeeee ir ie : rf i : : i A, <> > @ a f ee 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 . . . ‘oh deat tm Set ln nt al. et Ea ee ta Gh] ae bok lon. Go Lae cet cae ame } oka wes a al nw 2/6 ae a ew 8 { Se i a a lee ae