January 9, 1884 (4 pages)

"e Nevada County Oficial Press ce =~ Se 1 . SA WWER’S DECISION, The Prayers of the Anti-Miners Prevail.in the U. 5. Civcult Court. [Spotial Dispatch to Monday's Bee.) Published Daily, Mondays Excepted, ‘ ——pt— BROWN & CALKINS. WEDNESDAY, JAN. 9, 1884. . A ROUND FOR THE ANTUMINERS. ——_ Yesterday morning we received the following dispatch from a wellknown mining operator now in Sao Francisco : “Jadge Sawyer decided every point against the miners, virtually destroying the mining fudustry. He intimated that if dams: were built and answered the purpose (he doubted if they woul!) judgment might be modified,” Assuming this to be the essence of the decision, his honor has simply payed the way for years more of eo as the miners will certainly strive bravely to maintain their rights and homes a long as they have either left. © For some ~tinre they “have~realized.that itd to the Supreme Court of the United States they. must look for protection of that industry the Government gave them the right to pursue. They had not hoped for much consolation from Sawyer, but they are nevertheless astonished at the disposition he has displayed in pronouncing that so far as his authority . extends hydraulic mining shall no longer continue, and-the millions upon millions of gold that ‘lies in the dead river channels of the State's gravel belt must remain, there for future and less foolish generations. ~ By the decision, as we are given its substance in the dispatch, Judge Sawyer has done all that lies in his to crash out at one fell swoop a business that is estimated. ta produce $18, 000,000 a year in this State, and in which $100,000,000 is power invested as a working and construction capital, He has those localities where mining is earried-on, Since the above waa written we have received a synopsis of the de cision, and it is published this morning. The dispatch from San Francisco as printed abors qantalhe the meat of it. : ee ee ee rn Sussoripers to Harper's Weekly have missed Nast very much. Th Chicugo News says~ -he is in the dumps and that the true iuwardnes of histrouble with George William» Weekly, has never come to light, but certain it is that the world’s greatest cartoonist finds no place for his sketches in the paper his genius made faHis contract with the Harpers is for $10,000 a year for life, and he draws $2,500 every quarter He Cartis, editor of Harper’s mous, with onfaltering regularity. sends his sketches tq Harper promptly every Monday afternoon, and they areas promptly put in dark pigeon-hole. —> oe -' ‘Tue newspaper war on pub'ie indeeency is still raging in the Hast. Our exchanges show that there is n intention of letting it drop in that And , the newspapers have succeeded in bringing about action by the civil _ quartet of the globe, at least. authorities in many places. In I dianapolis, for ~instance, the City Council bas expressly probibited the gale of three indecent publications. The question has been taken up ‘Milwaukee, and anordinance againgt this class of papers is in preparation, moreover made a, ruling which: if. it should stand would work great injury to hydraulic “San FRANCISCO, Jan. case of Woodruff ve. Bloomfield Hydraulic Mining Company, Judge Sawyer commenced reading -his decision at eleven o’elock this morning, restrain defendants frdém running their debris upon the_lands in the valley. ‘Col. Mendel "s report te the Government is recognized by both sides, as regards facts “which have been fully confirmed by the evidence in’ the case aud the examination made by the Court, largely relied on for facts in the decision. : Here follows a deseription of hydraulic mining as carried on now, the country affected and the terrible effects of the over-flow, mates of debris deposits which have beén, made seem to the . Court tuo low. In some places the country is entirely covered with a deposit fiom three to tive feet. ‘The bed of the river is higher than the country outside the levees, which are thus but a smal] protection. The bed of the river at Marysville is filled in fifteen feet deep. Extracts from Mendell’s report were read, showing the condition of the river, and that the abandonment of the river channels ‘is to be apprehended. The possible change of the river at Gray’s bend-igdenied by defendant, together with the destruction of navigation below Sacramento, in Steamboat slough. Restraint is the first step towards the improvement of the river and the allaviation of the evil. The water of the river is unfit-for domestic use as taken from the river, At Marysville 16 cannot be used tor surface irrigation. The decision speaks of the North Bloomfield dam to restrain the debris which filled up behind and now passes over, Other dams are as bad. Brush dams have been torn away and burned, The statement of plaintiff's lesses is considered, that it pays large taxes to protect property. It is probable that the complainants. have not provided in the beat way against” overflow, but the action —of-defendants *Thas certainly increased the danger and done damage. Damages from overflow of pure water are trifling compared to those occasioned by hydraulic; ~~ ‘There-is—tro—doubt that unless defendant can prove—-his-acts to be lawful he is maintaining a . yreat, destructive and daily increasing nuisance, : 8 If to destroy water courses, etc., is not a public nuisance, if to ruin 25,000 acres-of private land is not a private nuisance, then theCourt does fiot know what such things are. If not expressly legalized under the Code, défendants’ action is unlawful. (He quotes sections 3479 and 3493 o! the Code.) Congress has no right to say what shall constitute a nuisance within State limits, except as affects ’s. her public navigable water courses The Statutes recognizing such a nuia. sance would be unconstitutional and the North. © void. parties, private-party selling. It cannot b in. by implication, to perpetuate a grea public nuisance, chasers’ is clearly defined, in th private nuisance, but because it is also public. Defe: dants have ac quired no prescriptive rights that cin defeat this suit. Tn the misRw =In the [ivinder of-suits (Suprenie Court desuch ruling fur those suffering injuries to maintain their rights. liw never contemplated such hardThis is the case to ship. There can be no stich ral. their rights, aa is evidenced by reinonstrances, » “So use your own as not to injure others,” is good Jaw., Nothing adduced in the case gives ‘the right to deferidants to maintain ‘a © . nuisance, Congress in granting and selling lands could.not give to purchasers any right to ‘injure in any way, lands already owned by other They could only convey n-] sach rights of ownership as#could a supposed that Congress; in selling land for mining purposes, intended, The rights of purigion) it Would be impossible ander Tie The position is -uiitenabie. -Compla nants Lave not slept on attaupted legislative in every dicision damental principle that all mus: use their own 80 as not to iajure the property of others. The the, Stute Su. tism, Spr preme Court—reevgnizes the funtrating action anf shits ‘at law for years What gives.our cheeks, backs Te. oe. ase of the giiad thas SeSee gt and other pieces, defendants elain i bg Jorepe ap Aim This_report is . possession under the law of Timita~~ But Castoria, tiou and use for their own purpose. Smee! i me, cares Constipation, ~ They have inade no enclosure, no < Caatatia Je orrwel ahaaeed to Children that, ; But Castoriaimprovement, had no order of Court. ne ong ‘A. Ancuan; M.D. eet Oe Morphine Sx7ep%, : Therefore they are not_legally poeaes anaes sions Hail Castoria! sessed of the land. ‘fhe defendants The esti. claim rights acquired under the mining laws and custuins uf the State. NTAUR fa —anrabsolute cure for/‘Rheuma~ ns, Burns, Galls, &c. The most Powerful and Peneand Healing Remedy known to man. is uot good, There is no doubt as to the’ nuisance o¢ its moguitude. What shall be the remedy. The Judge is averse . to stopping hydraulic mining, if any remedial measure should be suggested, No adequate one has-been offered, _Mendeil’s two plans are: To till up the low worthless lands with debris, an!, second, dams, The tirst is too expensive. As for the dams, what guarantee has the Court that dams in the future will not’ be as defective as in the past, and destroy life and property ?_ The Court has no alternativé but to grant the injunction: — ——4The decision is ‘caus and carefully goes into every point advanced, thus obviating the necessity for much future litigation, On ery point the decision is in favor of evthe farmers. The Court further says: no other way thao to grant perpetual injunctions, buta reserving clause will be put in, providing that if in future a means of eatisfactorily impounding the—debris—6r-solving the difficulyy be found, the Court will, on proper proof, enter an order allowing the continuance under proper conditions. Judge Sabin“ read. the” decision, Judge Deady, of Ore yon, folly. concurring The Court says that the anacak of capital invested in the mines is nota proper ground-to-refuse“aninjunetion anyway. The farming interests are immeasurably greater in vatue. Referring to the action of farming counties in influencing the Secretary of War to refuse to use the appropriation for dams andimprovements, the Court says: ‘'The action was perhaps unwise, bat much is to be excused toa people battling for very life with no coutideyce in the means pr oposed for their relief. The injunction will not be denied on that ground,” “It gees ASHLAND, Or., April 27, .1882.— Ammen’s Cough Syrup sells well ‘and gives.good satisfaction, Innow & WIMER Bros. —o<—. rrr reine mses Dod BORN. At Grass Valley, Jan. 6th, 1884, to Andrew M. Stokes and wife, a daughter. 3 € t e point, therefore, made by defendauts = BRAND BROTHERS, ——~ =O NationslExchang Hotel Block, Broad Street, Nenada City. WEED. If YOU would live toa Oo THE LEADING Stationers, . ~ Booksellers. and Music Dealers OF NEVADA COUNTY. Pierre Joseph wes born April 12th, 1780, and is living to-day in San Francisco, A Type of Well: Prasarved Manhood. He has Smoked Tobacco every day since he was.a Boy, but has been caréful t6 select the PurRE ~ RIPE OLD AGE, Smoke good Cigars, which can always be had at GIFFINS CIGAR FACTORY, Broad St., near Pine, Nevada City, Cal. SPECIAL GOODS? FO? THE. HOLIDAYS Wessrer’s spelling book has. at last been surpassed in point of edition, by a» German book that has reached its 1,000th edition, each of them numbering 3,000 copies, thus making in all 3,000,000 copies, It is __& primer by Haeater, ‘published: by D. G. Baedecker of Esson, which ithan ‘extend Pick rights. been committed, Conte 8 opinion, by Congres and its . Nothing i is The fact that Congress has attempted-a remedy. is good proof that a public nuisance has “The failure on its part to detine and publish it as such first appeared in 1853, and reach its 100th edition in 1863. Lorp CoLerrpaE should be congratulated upon his great self-den that has enabled him’ to decide against writing a book.on America, If he adheres to this resolution he ' gure of the historical glory that w distinguish him as the first noted Englishman who was ‘‘dined and wined” allover America without writing up the country. ‘ A. K. BISHOP, Jurtice of the Peace, ~AND— Mining Agent, North Bloomfield, --.-+.NEVADA GOUNTY, CALIFORNIA. _ — Buys and sells Mines on commission, ed ed. rights. In any case, yy legislate. is of Civil Procedure. The State coul vision, which it has not made, acts, calls them injuries, . ject expressed-in the . title. and compensation: stroyed these lands only at thei thor ity pensation, ~. der any circumstances, * a week. $5 outfit tree. Pa: {i sure. No risk. Capital not ‘Ob orcad or old, ¢an make great they work, with "abasetin Chania wt for particular H, Hawusra & 00., Portland, Maine. absoluteuired, Reader, if you want busieens which cn) cerigpend of either sex, re, . have not been entirely filled, down enough earth, ' : “@z0RGE W. HILL, * Geners Insurance a heaok bel, NO, 90 MAIN STREET Grease Walley. Cal. 3 State nor the ble waters, claimed by defendants is not a. vali : es Sara IBULAED Courts think not. The Court gr mots z TBvUw ILD [ele _ not sulely costae. it There-maybe-sowe question in—.th Companies Rep-esented . case of private nuisance, though the is now evidence that it is not. It would require alfirmativg legislation recognizing the hydraulickers” claimCongress would clearly have no right to sO Defendants claim that the State legalized their action by laws enill cvuraging, and rely largely on subdivision 5, Seetion 1288 of the Code not do so except by an explicit proThe }.Act of 1878, far from legalizing these Such. alleged rights cannot be claimed by in~ ference from other Statutes, for ev~ ery law must relate fo but one subPrivate property must not be taken for pub. Ponts por lie use without due process of law Defendants deown pleasure and under inferred auIf the lands were destroyred for public-use, it should not have beeg done without process and comIf for only private use, as complained by complaint, it coukd not legally be taken or injured unIf the rivers and days of the State : “it will pay § $50 reward for return would be under defendants’ clain—} 9°? the . not because they had nof the right, > ty, . } but because they could not wash Neither the. Unibet States can --} grant sach right to destroy nayiga. The prescriptive right claim, as it is the case of a nuisance, p 3 from the drst POWDER Absolutely This powder never varies, “A mar vel of purity, strength -and wholeosomenes More economical than the irdinaty kinds, and cannot he sold in competition with the multitude of low test, short weight, alum or phosphate powders, SoLD ONLY IN GANS. a. Roya Baxine, Powper Co., 106 Wall st., N. Y. Dividend Notice, FFICE OF THE DERBEC BLUE GRAV“EL MINING COMPANY, San FrancisJanuary 4th, 884. Ata meeting of the Board of Directors of the above named Comny, hoy th's day, Dividend No,.1, of Ten share was declared, yable on MON DAY, danugry 14th, 1834, : Fins office of the Company. Tranafe' Prk ae a be vlowed Thursday, January Oth THEO, WETZEL, Hasetary. sas. Reward Phones ir NN ATURDAY we December th, a Black ‘Mare was na Bridle, m: Margi — th a Saddle and Brid has a white star on her forehead, eevee, years -old, and weirhs from 900 to 1000 nds. = the sam HENRY yIENE, ar Creak Crossing, Nevada Go pode tas We offer = the opporeuies , ‘mak ! sg “ ve want many ae x n, boys f i A . Bad girls to work L0e-Ws Fee ons WwW. P. SOWDEN Any one can do the perES an ne rey hy The di gat {share ate ten times ordinary wages: fails to ts nake ovoy epi evote your whole time te who en: Full You can information and all that is needed oo i E}. “ n3-ly . * ¥ " PROPLE are’ always. on the}. » lookout for chances to. their earnings, aad in bea ptt bet Pe wealthy — wh Se Corner Broad and Pine Sts., Ee Drug Sone, f____) Nevaila City WALTER D. VINTON EFxroprictor. A Larae Stock of Fine Perfumery, Fancy Soaps, Combs, Brushes, Hand I Tirrors, Toilet Articles of all kinds Careful Ausotion Given to Compounding Prescriptions By a Com petent Drugyest, and PERFECT PURITY guaranteéd, Patent Medicines AGENT FOR THE BEST { REINSURANCE COMPANIES EXANT IMPERIAL, LONDON. NORTHERN AND QUEEN LIVERPOOL LONDON alt. “T.O8E Mistletoe f Milo Lodge, No. 48, K of P Hunt's Hall, Nevada City, ¢ OWT JL J, C. Rich, John Waters, Floor Directors. John Waters, B,_N, Shoecraft. Floor Managers. A, R. Lord, E. A. Tompkins, &. D. Catter, W. L. Thursten, GO. J. Naffziger, W. J. Britland, Joseph Marshall, 8, L. Rogers. ~ —GRAND— UNIFORM, BALL AND COMPETVTIVE DRILL ! ~ Encampment, Gen’l Committee of Arrangements. Geo. AGray, Judges on Drill. (To be announced hereafter) Reception Commitice. I, T. Morgan, — D. 8. Baker, i-B-tohnaon; J, E. Isaac Wm. H. Martin, H. D. Towle, é. Hothersall, H. C. Mills. B. N. Shoecraft, H. V. Reardan, J. G. Hartwell. 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Card, Blankwork, Transcript o Posters, _ Mining Intelligence And in facteve ytning that goes "1 st-elass cointry Agency of Gormully’s Celebrated Boys’ and Youths’ Tie Bicycles CHiN en ospons & ALEXANDER, 628 Mayket St., opp. Palace Hotel, 8. F. Mechanics Tools, tiardware and Machinery, —4— _ Order to show Cause. a ng ne ae 1 cat See rior Court Nevada, sient State of fornia, In the matter of the esiate ship of Talton B. and, Mary a minors. It appesring to the Couct from the petition this ign en presented and filed by Jipice. Bie ne Sea Ut cod nosey of ibe nd estates of Tal . oer pec nate nor pra ing for an Bis oid a sale of certai ite belonging to her said wards; that ary is necessary and would be beneticial to said wards that such real estate should be-eld. It .is hereby ordered that the next of kin of the said wards, and al] persons interested in the said estate, peat before this Court-on Monday, the y the ate tiny of January, 1884, at the Oourtroom of Court, at 10 0’clock A. M. of that day, then and there to show eause why‘an. order should not be ted for the sale of such estate. And ‘t is further ordered that a copy of this order be published at Jeast three successive weeks before the said day of hearing, in the Nevada Daily Tran it? a newspaper printed and published in said Nevada _ county. iF OHN oA Dated Dec. 29, mittoner. Judge. W. D. Long, kee y Fy tor Petitioner. to the Sick and Aft!) —AND ESPECIALLY— Those Suffering From Debility Nervous Prostration, Loss of Vitality, Sexual Infirmities, Fte. Ete. \HE GREAT NEED fromTHOSE HAVE wno are epbering 8 SEXUAL AND NERRVOUS COMPLAI a physician who can compzehond their ailments and successfully treat them. Theygeneral practiitioner is not sufficiently ‘fled in poe» classes” of troubles to do so, nd it must be left to the s list, who with edncatin, long pracice, thoroughknowledge and comprehensive mind, is prepared to cure them. DR. J. C. 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Those who can not visit the city can by giving their symptoms in their own way, reeive advice, and when desired, treatment a me with every assurance of a ETTERS RE TURNED OR Adress, DR. J. C. YOUNG, Medical Institute, . No. 7 Stockton St ¥r. nciseo, Feb§ 21, 1882 eed STRENGTH ‘9 vigorously push a business, strength to study a profession,;strength to regulate a household, strength to do a day's labor without physical pain. All this represents what is wanted, in the often heard expression, “Oh! . wisn I. had the strength!” If you are’ broken down, have not energy, ar feel as if life was hardly worth living, you can be relieved and re< . stored torobust health and strength: ° Que Goh Prato DEPARTMENT by taking BROWN’S TERS, which is ARON BITsor N, Fremont St., Baltimore During the war I was injuredin the stomach bya piece of a shell, and have sufferedfromi pig aan About four yearsagoit broughton oe sis, na kept me in hed ox ‘months, and an best ome in the city said I could not live. I suffered fearfully-from : indigestion, and for over two » years could nat eat solid food and fora 1 pottion of the time-was unable to retain even liquid nourishment. _ I triedBrown’s Iron Bittersand now after taking peel oe Lam able to get up: = am improving ving. oy BROWN’S. IRON BITTERS is a complete and.sure remedy forIndigestion, Dyspepsia, Malaria, Weakness and all diseases requir. . tonic: It enriches the blood, gives. [ers, and “Dont yoo Forret = no othes, of send new life-to the muscles and tong Washivurne 4 ey fe sachaen to the'nerv enerves. "~NEW YORK. : ——— ce Neat ater? Uae : Por Sele by ; er CARR BROS.torin his researches and practice of NER_ ing a true, reliable, non-alcoholic . 7 re. i a? oe ae eS a, ae ee & ee i oe ne

"e Nevada County Oficial Press ce =~ Se 1 . SA WWER’S DECISION, The Prayers of the Anti-Miners Prevail.in the U. 5. Civcult Court. [Spotial Dispatch to Monday's Bee.) Published Daily, Mondays Excepted, ‘ ——pt— BROWN & CALKINS. WEDNESDAY, JAN. 9, 1884. . A ROUND FOR THE ANTUMINERS. ——_ Yesterday morning we received the following dispatch from a wellknown mining operator now in Sao Francisco : “Jadge Sawyer decided every point against the miners, virtually destroying the mining fudustry. He intimated that if dams: were built and answered the purpose (he doubted if they woul!) judgment might be modified,” Assuming this to be the essence of the decision, his honor has simply payed the way for years more of eo as the miners will certainly strive bravely to maintain their rights and homes a long as they have either left. © For some ~tinre they “have~realized.that itd to the Supreme Court of the United States they. must look for protection of that industry the Government gave them the right to pursue. They had not hoped for much consolation from Sawyer, but they are nevertheless astonished at the disposition he has displayed in pronouncing that so far as his authority . extends hydraulic mining shall no longer continue, and-the millions upon millions of gold that ‘lies in the dead river channels of the State's gravel belt must remain, there for future and less foolish generations. ~ By the decision, as we are given its substance in the dispatch, Judge Sawyer has done all that lies in his to crash out at one fell swoop a business that is estimated. ta produce $18, 000,000 a year in this State, and in which $100,000,000 is power invested as a working and construction capital, He has those localities where mining is earried-on, Since the above waa written we have received a synopsis of the de cision, and it is published this morning. The dispatch from San Francisco as printed abors qantalhe the meat of it. : ee ee ee rn Sussoripers to Harper's Weekly have missed Nast very much. Th Chicugo News says~ -he is in the dumps and that the true iuwardnes of histrouble with George William» Weekly, has never come to light, but certain it is that the world’s greatest cartoonist finds no place for his sketches in the paper his genius made faHis contract with the Harpers is for $10,000 a year for life, and he draws $2,500 every quarter He Cartis, editor of Harper’s mous, with onfaltering regularity. sends his sketches tq Harper promptly every Monday afternoon, and they areas promptly put in dark pigeon-hole. —> oe -' ‘Tue newspaper war on pub'ie indeeency is still raging in the Hast. Our exchanges show that there is n intention of letting it drop in that And , the newspapers have succeeded in bringing about action by the civil _ quartet of the globe, at least. authorities in many places. In I dianapolis, for ~instance, the City Council bas expressly probibited the gale of three indecent publications. The question has been taken up ‘Milwaukee, and anordinance againgt this class of papers is in preparation, moreover made a, ruling which: if. it should stand would work great injury to hydraulic “San FRANCISCO, Jan. case of Woodruff ve. Bloomfield Hydraulic Mining Company, Judge Sawyer commenced reading -his decision at eleven o’elock this morning, restrain defendants frdém running their debris upon the_lands in the valley. ‘Col. Mendel "s report te the Government is recognized by both sides, as regards facts “which have been fully confirmed by the evidence in’ the case aud the examination made by the Court, largely relied on for facts in the decision. : Here follows a deseription of hydraulic mining as carried on now, the country affected and the terrible effects of the over-flow, mates of debris deposits which have beén, made seem to the . Court tuo low. In some places the country is entirely covered with a deposit fiom three to tive feet. ‘The bed of the river is higher than the country outside the levees, which are thus but a smal] protection. The bed of the river at Marysville is filled in fifteen feet deep. Extracts from Mendell’s report were read, showing the condition of the river, and that the abandonment of the river channels ‘is to be apprehended. The possible change of the river at Gray’s bend-igdenied by defendant, together with the destruction of navigation below Sacramento, in Steamboat slough. Restraint is the first step towards the improvement of the river and the allaviation of the evil. The water of the river is unfit-for domestic use as taken from the river, At Marysville 16 cannot be used tor surface irrigation. The decision speaks of the North Bloomfield dam to restrain the debris which filled up behind and now passes over, Other dams are as bad. Brush dams have been torn away and burned, The statement of plaintiff's lesses is considered, that it pays large taxes to protect property. It is probable that the complainants. have not provided in the beat way against” overflow, but the action —of-defendants *Thas certainly increased the danger and done damage. Damages from overflow of pure water are trifling compared to those occasioned by hydraulic; ~~ ‘There-is—tro—doubt that unless defendant can prove—-his-acts to be lawful he is maintaining a . yreat, destructive and daily increasing nuisance, : 8 If to destroy water courses, etc., is not a public nuisance, if to ruin 25,000 acres-of private land is not a private nuisance, then theCourt does fiot know what such things are. If not expressly legalized under the Code, défendants’ action is unlawful. (He quotes sections 3479 and 3493 o! the Code.) Congress has no right to say what shall constitute a nuisance within State limits, except as affects ’s. her public navigable water courses The Statutes recognizing such a nuia. sance would be unconstitutional and the North. © void. parties, private-party selling. It cannot b in. by implication, to perpetuate a grea public nuisance, chasers’ is clearly defined, in th private nuisance, but because it is also public. Defe: dants have ac quired no prescriptive rights that cin defeat this suit. Tn the misRw =In the [ivinder of-suits (Suprenie Court desuch ruling fur those suffering injuries to maintain their rights. liw never contemplated such hardThis is the case to ship. There can be no stich ral. their rights, aa is evidenced by reinonstrances, » “So use your own as not to injure others,” is good Jaw., Nothing adduced in the case gives ‘the right to deferidants to maintain ‘a © . nuisance, Congress in granting and selling lands could.not give to purchasers any right to ‘injure in any way, lands already owned by other They could only convey n-] sach rights of ownership as#could a supposed that Congress; in selling land for mining purposes, intended, The rights of purigion) it Would be impossible ander Tie The position is -uiitenabie. -Compla nants Lave not slept on attaupted legislative in every dicision damental principle that all mus: use their own 80 as not to iajure the property of others. The the, Stute Su. tism, Spr preme Court—reevgnizes the funtrating action anf shits ‘at law for years What gives.our cheeks, backs Te. oe. ase of the giiad thas SeSee gt and other pieces, defendants elain i bg Jorepe ap Aim This_report is . possession under the law of Timita~~ But Castoria, tiou and use for their own purpose. Smee! i me, cares Constipation, ~ They have inade no enclosure, no < Caatatia Je orrwel ahaaeed to Children that, ; But Castoriaimprovement, had no order of Court. ne ong ‘A. Ancuan; M.D. eet Oe Morphine Sx7ep%, : Therefore they are not_legally poeaes anaes sions Hail Castoria! sessed of the land. ‘fhe defendants The esti. claim rights acquired under the mining laws and custuins uf the State. NTAUR fa —anrabsolute cure for/‘Rheuma~ ns, Burns, Galls, &c. The most Powerful and Peneand Healing Remedy known to man. is uot good, There is no doubt as to the’ nuisance o¢ its moguitude. What shall be the remedy. The Judge is averse . to stopping hydraulic mining, if any remedial measure should be suggested, No adequate one has-been offered, _Mendeil’s two plans are: To till up the low worthless lands with debris, an!, second, dams, The tirst is too expensive. As for the dams, what guarantee has the Court that dams in the future will not’ be as defective as in the past, and destroy life and property ?_ The Court has no alternativé but to grant the injunction: — ——4The decision is ‘caus and carefully goes into every point advanced, thus obviating the necessity for much future litigation, On ery point the decision is in favor of evthe farmers. The Court further says: no other way thao to grant perpetual injunctions, buta reserving clause will be put in, providing that if in future a means of eatisfactorily impounding the—debris—6r-solving the difficulyy be found, the Court will, on proper proof, enter an order allowing the continuance under proper conditions. Judge Sabin“ read. the” decision, Judge Deady, of Ore yon, folly. concurring The Court says that the anacak of capital invested in the mines is nota proper ground-to-refuse“aninjunetion anyway. The farming interests are immeasurably greater in vatue. Referring to the action of farming counties in influencing the Secretary of War to refuse to use the appropriation for dams andimprovements, the Court says: ‘'The action was perhaps unwise, bat much is to be excused toa people battling for very life with no coutideyce in the means pr oposed for their relief. The injunction will not be denied on that ground,” “It gees ASHLAND, Or., April 27, .1882.— Ammen’s Cough Syrup sells well ‘and gives.good satisfaction, Innow & WIMER Bros. —o<—. rrr reine mses Dod BORN. At Grass Valley, Jan. 6th, 1884, to Andrew M. Stokes and wife, a daughter. 3 € t e point, therefore, made by defendauts = BRAND BROTHERS, ——~ =O NationslExchang Hotel Block, Broad Street, Nenada City. WEED. If YOU would live toa Oo THE LEADING Stationers, . ~ Booksellers. and Music Dealers OF NEVADA COUNTY. Pierre Joseph wes born April 12th, 1780, and is living to-day in San Francisco, A Type of Well: Prasarved Manhood. He has Smoked Tobacco every day since he was.a Boy, but has been caréful t6 select the PurRE ~ RIPE OLD AGE, Smoke good Cigars, which can always be had at GIFFINS CIGAR FACTORY, Broad St., near Pine, Nevada City, Cal. SPECIAL GOODS? FO? THE. HOLIDAYS Wessrer’s spelling book has. at last been surpassed in point of edition, by a» German book that has reached its 1,000th edition, each of them numbering 3,000 copies, thus making in all 3,000,000 copies, It is __& primer by Haeater, ‘published: by D. G. Baedecker of Esson, which ithan ‘extend Pick rights. been committed, Conte 8 opinion, by Congres and its . Nothing i is The fact that Congress has attempted-a remedy. is good proof that a public nuisance has “The failure on its part to detine and publish it as such first appeared in 1853, and reach its 100th edition in 1863. Lorp CoLerrpaE should be congratulated upon his great self-den that has enabled him’ to decide against writing a book.on America, If he adheres to this resolution he ' gure of the historical glory that w distinguish him as the first noted Englishman who was ‘‘dined and wined” allover America without writing up the country. ‘ A. K. BISHOP, Jurtice of the Peace, ~AND— Mining Agent, North Bloomfield, --.-+.NEVADA GOUNTY, CALIFORNIA. _ — Buys and sells Mines on commission, ed ed. rights. In any case, yy legislate. is of Civil Procedure. The State coul vision, which it has not made, acts, calls them injuries, . ject expressed-in the . title. and compensation: stroyed these lands only at thei thor ity pensation, ~. der any circumstances, * a week. $5 outfit tree. Pa: {i sure. No risk. Capital not ‘Ob orcad or old, ¢an make great they work, with "abasetin Chania wt for particular H, Hawusra & 00., Portland, Maine. absoluteuired, Reader, if you want busieens which cn) cerigpend of either sex, re, . have not been entirely filled, down enough earth, ' : “@z0RGE W. HILL, * Geners Insurance a heaok bel, NO, 90 MAIN STREET Grease Walley. Cal. 3 State nor the ble waters, claimed by defendants is not a. vali : es Sara IBULAED Courts think not. The Court gr mots z TBvUw ILD [ele _ not sulely costae. it There-maybe-sowe question in—.th Companies Rep-esented . case of private nuisance, though the is now evidence that it is not. It would require alfirmativg legislation recognizing the hydraulickers” claimCongress would clearly have no right to sO Defendants claim that the State legalized their action by laws enill cvuraging, and rely largely on subdivision 5, Seetion 1288 of the Code not do so except by an explicit proThe }.Act of 1878, far from legalizing these Such. alleged rights cannot be claimed by in~ ference from other Statutes, for ev~ ery law must relate fo but one subPrivate property must not be taken for pub. Ponts por lie use without due process of law Defendants deown pleasure and under inferred auIf the lands were destroyred for public-use, it should not have beeg done without process and comIf for only private use, as complained by complaint, it coukd not legally be taken or injured unIf the rivers and days of the State : “it will pay § $50 reward for return would be under defendants’ clain—} 9°? the . not because they had nof the right, > ty, . } but because they could not wash Neither the. Unibet States can --} grant sach right to destroy nayiga. The prescriptive right claim, as it is the case of a nuisance, p 3 from the drst POWDER Absolutely This powder never varies, “A mar vel of purity, strength -and wholeosomenes More economical than the irdinaty kinds, and cannot he sold in competition with the multitude of low test, short weight, alum or phosphate powders, SoLD ONLY IN GANS. a. Roya Baxine, Powper Co., 106 Wall st., N. Y. Dividend Notice, FFICE OF THE DERBEC BLUE GRAV“EL MINING COMPANY, San FrancisJanuary 4th, 884. Ata meeting of the Board of Directors of the above named Comny, hoy th's day, Dividend No,.1, of Ten

share was declared, yable on MON DAY, danugry 14th, 1834, : Fins office of the Company. Tranafe' Prk ae a be vlowed Thursday, January Oth THEO, WETZEL, Hasetary. sas. Reward Phones ir NN ATURDAY we December th, a Black ‘Mare was na Bridle, m: Margi — th a Saddle and Brid has a white star on her forehead, eevee, years -old, and weirhs from 900 to 1000 nds. = the sam HENRY yIENE, ar Creak Crossing, Nevada Go pode tas We offer = the opporeuies , ‘mak ! sg “ ve want many ae x n, boys f i A . Bad girls to work L0e-Ws Fee ons WwW. P. SOWDEN Any one can do the perES an ne rey hy The di gat {share ate ten times ordinary wages: fails to ts nake ovoy epi evote your whole time te who en: Full You can information and all that is needed oo i E}. “ n3-ly . * ¥ " PROPLE are’ always. on the}. » lookout for chances to. their earnings, aad in bea ptt bet Pe wealthy — wh Se Corner Broad and Pine Sts., Ee Drug Sone, f____) Nevaila City WALTER D. VINTON EFxroprictor. A Larae Stock of Fine Perfumery, Fancy Soaps, Combs, Brushes, Hand I Tirrors, Toilet Articles of all kinds Careful Ausotion Given to Compounding Prescriptions By a Com petent Drugyest, and PERFECT PURITY guaranteéd, Patent Medicines AGENT FOR THE BEST { REINSURANCE COMPANIES EXANT IMPERIAL, LONDON. NORTHERN AND QUEEN LIVERPOOL LONDON alt. “T.O8E Mistletoe f Milo Lodge, No. 48, K of P Hunt's Hall, Nevada City, ¢ OWT JL J, C. Rich, John Waters, Floor Directors. John Waters, B,_N, Shoecraft. Floor Managers. A, R. Lord, E. A. Tompkins, &. D. Catter, W. L. Thursten, GO. J. Naffziger, W. J. Britland, Joseph Marshall, 8, L. Rogers. ~ —GRAND— UNIFORM, BALL AND COMPETVTIVE DRILL ! ~ Encampment, Gen’l Committee of Arrangements. Geo. AGray, Judges on Drill. (To be announced hereafter) Reception Commitice. I, T. Morgan, — D. 8. Baker, i-B-tohnaon; J, E. Isaac Wm. H. Martin, H. D. Towle, é. Hothersall, H. C. Mills. B. N. Shoecraft, H. V. Reardan, J. G. Hartwell. 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Do not be deluded into taking pa be rtntnggersge hy: Se iar jhe name of WASHBU UN'S 0. sack box, which is guran a oe ler our signatu i to ingure sucess“ Ses = . Wea BIN N DHE SLATE AND, work, or only your Address STINSON.& CO., Portland,. Main In Beckman’s nating; Entrance on Pine Street Nevada City, This isa great saving to Trave IVE YEARS ESTABLISHED AND. ’ Thousands of testimonials sent on appli . 1883. va Is THE LARGEST DAILY PAPER. IN THE Serra Nevada Gold Fields. ‘Established Sept. 6, 1860. By N. P. BROWN & CO. —e N. P. Brown and L. 8. Calkins LARGEST CRCULATICN Suit Adverising Matin It is the only Daily paper a lished at the County Seat, snd publishes regularly all Superviroral Transactions, Court Happenings, ita ‘General County News, to make a paper Letterheads, _. Card, Blankwork, Transcript o Posters, _ Mining Intelligence And in facteve ytning that goes "1 st-elass cointry Agency of Gormully’s Celebrated Boys’ and Youths’ Tie Bicycles CHiN en ospons & ALEXANDER, 628 Mayket St., opp. Palace Hotel, 8. F. Mechanics Tools, tiardware and Machinery, —4— _ Order to show Cause. a ng ne ae 1 cat See rior Court Nevada, sient State of fornia, In the matter of the esiate ship of Talton B. and, Mary a minors. It appesring to the Couct from the petition this ign en presented and filed by Jipice. Bie ne Sea Ut cod nosey of ibe nd estates of Tal . oer pec nate nor pra ing for an Bis oid a sale of certai ite belonging to her said wards; that ary is necessary and would be beneticial to said wards that such real estate should be-eld. It .is hereby ordered that the next of kin of the said wards, and al] persons interested in the said estate, peat before this Court-on Monday, the y the ate tiny of January, 1884, at the Oourtroom of Court, at 10 0’clock A. M. of that day, then and there to show eause why‘an. order should not be ted for the sale of such estate. And ‘t is further ordered that a copy of this order be published at Jeast three successive weeks before the said day of hearing, in the Nevada Daily Tran it? a newspaper printed and published in said Nevada _ county. iF OHN oA Dated Dec. 29, mittoner. Judge. W. D. Long, kee y Fy tor Petitioner. to the Sick and Aft!) —AND ESPECIALLY— Those Suffering From Debility Nervous Prostration, Loss of Vitality, Sexual Infirmities, Fte. Ete. \HE GREAT NEED fromTHOSE HAVE wno are epbering 8 SEXUAL AND NERRVOUS COMPLAI a physician who can compzehond their ailments and successfully treat them. Theygeneral practiitioner is not sufficiently ‘fled in poe» classes” of troubles to do so, nd it must be left to the s list, who with edncatin, long pracice, thoroughknowledge and comprehensive mind, is prepared to cure them. DR. J. C. YOUNG —_ his now — oye in 1850 or the purpose of affording the afflicted the certainty of omotgble aiid skillful trestment and perfect and permanent restoration, and for ie Ra ears ‘it a Pa the first rank not only upon this but: through49 the elviliaed warts da am aware y dwelling w $6 uninviting a subject as the cing upon so unin Vigor the ignorant may asperse my motiye, but the desire to inform those who are snffering through ignorance, and who by carelesiness or want of knowledge that a cure can be had, are not onl Fagen ony hemselves to an untime' . t giving sexual weakness as an inheritance to uture generations, is too great an incentive to permit me to be silent IF YOU ARE SUTPERING FROM NIGHT LOSSES, NERVOUSNESS, WEAK KNMSSES CONFUSION OF MIND, SLIGHT LOSSES WHEN UNDER EXCITEMENT, VARIABLE TEMPER, TREMBLING, PALPITATION FLUSHES, &e., 0 VE PRAC. TICED SELFBUSE EVEN-IN IN. THE SLIGHTEST PARTICULAR you are suffer-~ ing from the Dread Enenry of Human Life, And should not hesitete to seek at once sen and eo ag mes @ cure. GUARA ES. MODERire RONSULTATION ‘BY. PTT On OTHERWISE—Free. Exclusively Vegetable Reeeaies —— LADIES— You are re expecial liable to suffering from NERVOUS RATION, All ‘ your peculiar complaints are nervous in their origin and hence your sufferings are terribly ——— or inexpressibly keen. The DocVOUS TROUBLES has made your organization a special study and is thus enabled from his experience and knowledge to aid and cure , pe ou in any of the Trembles, Weaknesses,: istresses and Sufferings to which usa sex you are Malle: 4 You will find in the “Doctor ‘a friend upon whom you can rely for comfort, aid and — cure _Dr. t-prapovar A Female aenene hive foy ualed by any maniine, or seedioans Vedas ion ever offered. They can be sent by mail o, 1% Those desiring personal care and attention can have 'y dati furrished —o— Letters. Those who can not visit the city can by giving their symptoms in their own way, reeive advice, and when desired, treatment a me with every assurance of a ETTERS RE TURNED OR Adress, DR. J. C. YOUNG, Medical Institute, . No. 7 Stockton St ¥r. nciseo, Feb§ 21, 1882 eed STRENGTH ‘9 vigorously push a business, strength to study a profession,;strength to regulate a household, strength to do a day's labor without physical pain. All this represents what is wanted, in the often heard expression, “Oh! . wisn I. had the strength!” If you are’ broken down, have not energy, ar feel as if life was hardly worth living, you can be relieved and re< . stored torobust health and strength: ° Que Goh Prato DEPARTMENT by taking BROWN’S TERS, which is ARON BITsor N, Fremont St., Baltimore During the war I was injuredin the stomach bya piece of a shell, and have sufferedfromi pig aan About four yearsagoit broughton oe sis, na kept me in hed ox ‘months, and an best ome in the city said I could not live. I suffered fearfully-from : indigestion, and for over two » years could nat eat solid food and fora 1 pottion of the time-was unable to retain even liquid nourishment. _ I triedBrown’s Iron Bittersand now after taking peel oe Lam able to get up: = am improving ving. oy BROWN’S. IRON BITTERS is a complete and.sure remedy forIndigestion, Dyspepsia, Malaria, Weakness and all diseases requir. . tonic: It enriches the blood, gives. [ers, and “Dont yoo Forret = no othes, of send new life-to the muscles and tong Washivurne 4 ey fe sachaen to the'nerv enerves. "~NEW YORK. : ——— ce Neat ater? Uae : Por Sele by ; er CARR BROS.torin his researches and practice of NER_ ing a true, reliable, non-alcoholic . 7 re. i a? oe ae eS a, ae ee & ee i oe ne