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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ibrary law repealed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 The act repealed by the last Legislature, prohibiting the carrying of concealed weapons was exactly the same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 on a@ lottery, repealed the Lottery.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
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. Grane
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ourne
The 1
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ment
ossar
etc.
esgreRe Oe mB EFERB FERRE S
_