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

December 3, 1870 (4 pages)

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A tat naa Nae Rc SGheRlN Ne ALi Ear em ag NRE AT TG Uy Une INEM eo Naini ai Rememanbines spiny: ses onetime bait teretbthventnaremeniowa ea bet . the Mercanti ily Sn utente yr srokaemndhins ons Pentel anntigpaes MATA Ay ShdlneaAni eee Met 8 RRO err poe ap ert one eee anna aammmmammnns mmm @w The Lottery Law. “Jadge Sawyer intimated, Yh the case’ of the Marysville lottery agent, arrested in San Francisco,under the law passed in 1861, for.selling lottery tickets, that . ibrary law repealed the penalty tot vidlation’of ithe” constitutional provision,. and that there is _p0@ fo “law ptoviding a penalty for lotteries in the State. This decision does not affect the ‘constitutionality of the law, and though. unconstitutional as a law, it is not so in. its effect as re~-pealing thestatute providing a penalty, and this is the distinction drawn by Judge Sawyer. The Constitution “declares that all laws of a general nature shall be uniform in operation. The Supreme Court has declared, in Smith vs. the Twelfth District Court, 17th Cal., p547: “The Constitution is violated only when a privilege extended to one is denied to another on substanlially the same facts.” This is precisely in point in this privilege of holding lotteries. It was extended to the Mercantile Library by law, and it therefore cannot be denied any other persons, . The act repealed by the last Legislature, prohibiting the carrying of concealed weapons was exactly the same in principle. This, though not in itself a crime was made so by statute. Suppose, instead of repealing the-law, the Legislature had authorized citizens of San Franciseo to catty conccaled weapens, would there be any question that stich a law would rémove the penalty from the entire State, as effectually as the law now on the etatute inchs has done? g “fae Opntion.—On Thursday Judge Sawyer rendered his opinion on the lottery question. He said that he was clearly of the opinion that the Legisla-, ture, in granting the Mercantile Library. the right to carry. on a@ lottery, repealed the Lottery. Act. so far as penalty is concerned, and that there is now no lew inflicting punishment on persens for carrying on lotteries, He fur ther said it may be that the Special Act paseed’ by the last Legislature was unconstitutional, but it was passed by the . Legislatute, a body sworn to support ps “the Constitution of the State,and it was “lA approved by the Governor, who is eminent as @ lawyer, and who must be presumed to have a knowledge of the Constitution. Thesale of tickets went on and no effor} was made to stop it.— When the Legislature passed the spec ial act granting the Mercantile Library the right to hold the lottery, it extended that right to all other parties, for laws of a genefal nature must have an uniform operation and must be enacted for the poor as well as the rich. Laws seeking to puhish one and not the other cannot be recognized. He considered that the epecial act having been passed by the Legislatureand approved by the Governor, it acted ag.a repeal for the penalty provided for the carrying on of lotteries. When the old law was bro~ kee. by the Legislature, it opened the gates and gave equal rights to all w carry on lotteries all over the State.— If the Legislature thought it-was right for one body to hold a lottery it must be right for another body. to hold one also, If the sprcial act “teferred to is conatitutienal, why then the bars have been let down and the ga e is open to: all lotteries to pass through. _ Homst STeALING.—The Grass Valley Union says: Many horses havc been recently stolen im Yaba county, near Wheatland, Wednesday last Jo Jasper, a fariner of Yubs and a fancies ot, horses, came to Grass Valley to inquire a ponte horee he had lost the night before. ' A thief had entered Jarper’s barn and had taken therefrom a find loree. worth $300, and an unbroked colt. The colt was soon abandoned by the thieves. but the a young trotter ie etill missing. other tetas Bas horses. Hoge thieves are pili Ha gate Tongs the ‘working’ of siecle. angix common mountain roads. In the Alta he recently. published an.article.on. the expense of operating the traction en~ gines of Aveling & Porter over ordinary roads. He gives the result of a test of . one of these engines, weighing fifteen. tons, 124. tons of which weight rested upon the driving wheels. This engine, with a. load of 28 tons, passed -overa distance Of 26 milles in 9 hours and 13 minutes traveling time. The road passed over was undulating throughout, with rising gradients of one in twelve, or 440 feet to the mile. Mr. Robinson says: “The consumption of coal and water was much greater per ton per mile during the above tests than during the French experiment, this being due partly to the heavier character of the road traversed. partly to there being longer stopages, during which steam had td Be Kept up, and partly owing to the fact of the engine having a less efficient boiler than that tried by General Morin. The total expenditares of the trip were as follows : 2,300 pounds of coal, $5 75 Oil and water, 88 Labor—Driver, 1 75 = Steersman, vf # Attendant," 75 « . Boy with flag, 50 iiioweuen . for wear and tear of _ engines and wagons, valued at $4,000, at 20 per cent. for one day, 218 Interest on $4,000,at'5 per cent.’ spread over 250 working days per annum, for one day, 1 Total, $12.93 In addition to the above expense the sum of $10 87 was paid for turnpike charges—thus raising the total cost of the trip to $22 80. The net load was 15 tons, and the distance traversed be ing 26 miles, thé total cost per ton, per mile was 58 cents; this being made up of 81 cents for actual workin expenses and 27 cents for turnpike tollé, 'Fhave given the cost of. turnpikes, because, although in our mining districts where traction engines would be used we have’ no such item of expense, it is probable that thesum paid for tolls may approximate tothe cost of maintainance. In such an engine as I should recommend for California, the driver ‘would ‘act as Steersman, and, as we would-need no boy with flag, the traction engine and its train would only require two men to work it, instead of four hands, as in the above trip. Of the handinegs, of Aveline & Porter’s engines, it is only necessary for me to say that at the last trial I witnessed, a six horse engine drew a train) of, two wegeous loaded with 13} tone of iron, around. a semi-; circular bend of 18 feet radius. In conclusion, I consider that for hauling ore, under the majority of circumstances existing in our mining districta, one of Aveline & Porter's eight horse power engines, weighing about seven tons empty, having an extra large fire box for burning wood, and provided, as it. easily might be, with accommodations for carrying 380 or 35 cubic feet of fuel, would be the best en. ine that.could be adopted, and I feel certain that such an engine could per. form haulage ata cost which no horse power c uld compete with.” From these experiments it will be seen that the actual cost of transportation is a little over 3 cents per tun per mile, or taking the distance: to Marys~ ville at forty miles it would.cost about $125 per ton for rutning expenses. If it is true, as Mr. Rebinson thinks, that these engines can be used to advantage op mountain rouds,they would insure cheap transportation of freight to all parts of the county, and during the season when most of our freighting is done, might be used to advantage on any of oor mountain roads. Tae new uniform of the Russian arwy: ie similar.to. the patal uniform of other nations. The color remains a dark green, and the aie and gold iace ate unchanged. i . J.M. Hpreminas, of the Yosemite . tad . , Proposes to go East thie Winter and lecture upon California. _ 4 Empertant Triai;' ‘A trial involving the -title t sections of land, n as City Tract, situated on the w of Feather river, hag just been h fore Judge Sawyer, of the Court, at San Francisco. The land is now of immense value, beieg worth from one to two hundred dollars an acre, and the examination of ‘witnesses and prodaction of documentary evidenéé octupied the attention ofthe Court for five days; commencing on the 25th ult.and being concluded. on the 80th.Theeause has yet to be argued by the attorneys—Messrs. Winans and Irving for the plaintiffs, and Sharp, -Montgomery and Williams for the defendants—when it will be submitted to ‘the.Court. Among the witnesses examined during the trial were Messrs. T. H. Rolfe, George Pierson, 8. Brannap, James Queen, and sume others whose residence in California antedates the gold discovery, and who were thus brought together from different parts . of the State for the first time in many years. TWENTY-ONE Hours CoVERED UP. John Oester, a German miner employed in the Metz mine at Gold: Hill, was coveréd by a cave on Thursday, in the incline, 400 feet below the surface. The debris from the old works shut him in so closely that his legs were covered, and he had only a small spece to, live in. In order that he might have all the benefit of the.airhe put out his light and patiently waited to be dug out, His fellow laborers went to work, as they believed, to get out. Ocester’s body, and after 21 hours hard work they were agreeably surprised to hear his voice calling out that he was all right. The Gold Hill Mews reports him as saying, on being delivered :-— “Py Shorge, old. poy, day can’t killa Broossian quite so easy ; can day? You bet dat voz a tam tight place.” He felt as gay as a peacock, and only complained of being “mighty dry.” Tae Pisto. 1 THE JuRY Room.— San Francisco jurors have taken a novel course to secure a verdict. In the recent trial of O’Connorin the Twelfth District Court, on Wednesday, when the jurors came into the Court room the Judge asked if any one of them had any thing to communicate. One, named William Hosford, arose and stated that he differed from the eleven other jurors, and did not wish to be kept with them another night; that he was afraid for the safety of his life. He went on and said that last night one of the jurors had placed a pistol to his head and threatened to kill him 1f he did not agree toa verdict He feared, he said, that the man was notin his right mind, His story caused a pro. found sensation in the Court room. LINcoLN, Omaha, has struck a pickle well which flows two barrels per min. ate. The local papers ibe it asa “salt brine,” but it is probably a lye. ‘A RUNAWAY lowber car on the Erie railroad, last week, made a hundred miles an houron a down grade, and was only checked by a rise and a switch, in time to save an express train. SocreTy, it is said, is threatened with another “new and plaintive song,” entitled, “Give me your chunk of licorice before I go, Johnny,” with a fearful wood cut illustrating the sweet request. THE Board of Supervisors of Butte county have granted the right to the Pneumatic Gas Company of San Francisco, to introduce gus light into Oroville and Chico. WENDELL PaILiirs says “the c'yilization that enables one man to be worth $40,000,000, and his neighbor nothing, is of the devil and not of Gud.”
Currrgno GiRoy, thirteen years of age, was shot and fatally woundrd while hosting in Santa Clara county a few days since. Anotuen large dope deposi: of coal has been found on Cedar river, a few miles . from Beattle. Cantnoo has three feet of snow, and cold weather has set in suddenly y Rell of Henor. y Aug annie Bliven, Young, Braddie taateants. Robert “Bussenins;-Anns Belt. Attempt to Escape. We aré:indebted to Al. Jenkins, who an account of an attempted escape from . the State’ Prisoh. “The attempt was made on Wednesday last. prisoners was killed and three seriously wounded—two of whom, it is supposed, will die. The Captain and five of the. guards were painfally, bat notden~ gerously wounded. None of the pris oners escaped. Roll of Honor. The following is the Roll of —_— in the First Intermediate school, Miss La Grange, teacher: Celia White, Vora Lovie, Louisa Shaffer, Katie Coughlin, Marion. Hutchinson, Lizzie Findley, Annie Cashin, Sallie-Hill, Marie Muller, . Edwin Stump, Charles Graves, Charley Kent, Willie Simmons. Auction. Don’t forget the auction this afternoon at 2 o’clock,on Commercial street, by W. H. Davidson, auctioneer. A fine lot of furaiture will be sold; See advertisement. THERE is ‘a little e railroad, near Bayou Sara, La., that runs to Woodville-on a very. uncertain schedule. -A stranger came in the other day and inquired how often. that steam car made trips to the country? The pa . interrogated said, “tri-weekly.” hat do you mean by tri-weekly?’ The answer was, “It goes up one week and tries to come down the next.” SomE parties are making experiments to test the_practicability of raising cots ton in Confpa Costa county. THE ‘Kitioch Distillery is now turn~ is out/2,100 gallons of spirite daily. Pika . = ite this city, ~y ist 1870, Mrs. Anna E. Withington; sada adits Of Wow York. The faneral will take place from the Congregational Church at 2 o’clock,this afternoon, Friends and acquaintances are invited to attend. ) HAMS,BACON, AND NEW LARD, Wholesale or Retail. CASHIN & KENT, OULD bad ng a tng Ie ses toes thew have on hand an IMMENSE LOT OF A NO. 1 NEW HAMS, NEW BACON, . NEW LARD, The Product of Several Thousand Corn Fed Hogs, WHICH WILL BE SOLD At the Very Lowest Rates! are of cur owm manufacture and are Superiorto any ever before of fered for sale im this or any ether market. ine the Cans, and find our “BRAND” upon 7 : CASHIN & KENT. received a letter from Curson. City, for . One of the]. aie fag a ae j 4 . _ CRIBS; SOFA, . ORS, PICTURES, ~~ CROCKERY, LAMPS, MAPS,” BOOTS, SHOHMAKER'S KIT, Boor LEGS, LASTS, &ec. &c. Pick. and Axe Handles, Cooking Stoves, Parlor Stoves, Box Stoves, Buggies, : Saloon Screen, Glass Cases, Cabinets and numerous other articles too numerous to mention. Will-be seld at the Auction Rooms on COMMERCIAL STREET, adjoining Keeney’s Hardware Store,TO-DAY, at 2 o'clock. Terms Cash. W. H. DAVIDSON, Auctionéer, Correspondence. Nevapa Crry, Nov. 80, 1870. To MapameE CEcILE and Mons. Bowner, of a Feet Theatrical Troupe, San FrauThe rendersligned: citizens of Nevada, being very desirous of hearing you Sing before you take your departure, would most respectfully tender you a Complimentary Benefit; to take place at your earliest convenience. Having been disappointed fiom hearing Mons. Bonnet on Saturday Evening last-—from: his severe indispositiou—ye cannot allow him to return withott showing that we fully appreciate him aé an el_gant Singerand a gentleman of refintmeutMost respectfully, yours Wm. Maltman, J. Pattison, E. P. Marsellus, A. B. Gregory, W. W. Cross, -T. W. Mcintyre, W. H. Davidson, P. Bauner, J. ¥F. Carr, A. J. Allen, + J. M. Pattee. P. seldner, G. P. Sparks, M..8, Deal, D. B, Frink, A. H. Irish, RB Moore, James Colley, Chas. Marslf, 8. B. Davenport, E. Goldsmith, G. E. Turner, W. L. Tisdale, L. Jacobs, A. W. Lester. L. Charonnat, I. A. Eaton, E. Charonnat, O. Maltman, H., Ernst, CO. McEby, hi. B, Patton, C, E. Olney, RR, Fininger, J. H. Dickson. A. Tsoard. J. E. Brown, Ch. Ferrand, T. Gray, F. Gillet, P: Baitz, W. it. Coe, J. Massie, G. K. Phillips, J. Fleming, John Blasauf, L. W. Willi 3.0. Paimer, © J, Caldwell, G. W. Allen, +A.Henneman © D. Thom, W. F. Evens, H. H. Haskins, To Messrs. Ira A. Eatoh, Chas. Marsh, Marsellus, Wm. Maltman, Chas. McElvy,. W. L. ‘Tisdale, A. W. Lester :. } Gentiemen—Very grateful of the honor you bestow upon us in tendering us a-Complimentury bencfit, we you to receive od kind eee eek ¥ int next esday. evening, ‘emperance mall, fomveint, MLLE. CEUILE, 8. BONNET. CONCERT, Complimentary Benefit ! Tendered by the citizens of Nevada City, to Mad’elle Cecile & Mons. Bonnet, Of San Francisco, To take place at TEMPERANCE HALL, TURSDAY EV ENING, DEC. 6th. PROGRAMME: PART I, 1. Overture—La Dame Blanche— 2, Le Rappel, ons Bonnet.Words by ¥, Cauwet, music Pe Eh Reiter, of Dan Francisco, & Sweet Epirits, A Mle Cecilie. 4. Les Girondins, by — Bonnet. 6 Mon ames Licu, é tle Cecile. 6 Le Simuun, [ihe wig ofthe Penns ‘PART IL . 1. Pot Pourri, [The La hter of the Regi= Orchestra. ment,} by ° ‘i ¢ 2. Tne Merry Warbling Birds, Mlle Cecile. 8. Grand air du Siege de Corinthe, Mons. neuer 4. Salpt a la France,(in contnme) br TRIS reques 5. LA BARSRILLAISR, Mons. Seeeet Ed. Muller, Exq, Leader of Orchestra. Admiesion $1. Atihe request of diferent bit the Coucert will conclade with a §0lal DanC, ‘Tickets to be had at the. usTien conn ak 3 decks commences at 8. CRYSTAL SPRING SAW MILL. M. L. & D. matsel, Prop’rs, yh undersigned would the pubiic tnat they have On hand at their Milland Lumber Ward, the Largest and most complete Stock of BUILDING & MINING LUMBER TO BE FOUNDIN NEVADA COUNTY. -—It consists ofDressed Plooring and Sidings! 4 Powsinn Ponte, te. Aen All orders je:t at the TARE MN BOULDSR Sreukr. or at the. attended bap. Mana. Nevada, May 24, 1870. Xv L The Cot . The, opened a day. Th _ sae ' tinse'tor terday * found si: packing ‘of goods have, see satisfact goods al arrange! atre «be; pearance it will The ent elei, th and orns render + and in 1 cases, ® feet w feet in ] at the t the han ever se castors, ceivers, beautifi The sot almost watche elry ; V lection have ni the tin On the both .cc . with 1 handso The st: fice for is oper be on sired t ted wi lar ope visitor mot, be will b those drawit The I a Yes meeti this ci erder discus Clark, mana . tions ing 6 Comn in Gr . Grane cer, A ourne The 1 on 2 ment ossar etc. esgreRe Oe mB EFERB FERRE S _