March 20, 1889 (4 pages)

om.™ = etic WEDNESDAY, MAROH. 20, 1889 es BY DAY OR JOB. A Question Creating Trouble at the North Star. The Grass Valley Tidings of Monday evening says: This morning five of the regular employes of the N orth Star mine were taken off the ‘‘day’s pay”’ list and informed that hereafter they would: be paid a. stipulated price per foet. The men promptly quit and “sent in their time.” Subsequently five of the best miners in the employ ot the company were set tu work in the same_drift—or stope,; at day’s pay, but with the alleged avowed intention on the: part of the company to determine what the men would earn at the price per foot stipulated in the case. : of the miners who quit. The North Star is a paying mine and the miners should resist any-and all attempts to cut their per diem to less than $3._The wedge once éntered, it would not be long before wages would drop to $2 or $2.50 per day, a sum incommensurate with the work doneand dangers experienced. This is not to be construed, however, as intimating that the North Star Company contemplates a reduction in_the per diem of its employes. aid This afternoon and from another source it was learned that ten men, employed in one stope, were affected by the new order and went out. It was then resolved to put six skilled miners in the stope and determine by } their work what figure per foot-would be a just remuneration. Subsequently the striking winers were invited to rettrn to work on day’s pay and accepted. It is said, however, that the Company will fix another figure per foot (40-cents was the original proposition, at which the miners claim their day’s earnings would not exceed $2.40) and will submit it as an ultimatum within a fortnight. The mine management could not be seen today, hence the company’s side of the difficulty cannot be presented in this issue. HERE AND THERE. 4. Brief Record of Various Mat ters of Local Interest. The City Trustees meet Thursday evening. Thomas R. Geach, a native of England, was naturalized Tuesday on the testimony of Wm. George and Wm. Bee, Dan Roberts is negotiating with San Francisco parties in regard to the development of his copper claim at French Corral. : Whoever buys the Buhring store, real estate, etc., at North Sau Juan will get a valuable and remunerative property at a very low price. The Grass Valley Telegraph of Monday says: There was a row in the Salvation Army~ barracks last-night. A young man disturbed the meeting, or it was thought he did, and to put him out of the room wastried. Then there was a scrimmage and one or two knocked down and some eyes blacked. The disturber got the best of the row. It is said that arrests will be made and then we shall hear from the-court abou, the wrong and right of the matter, A Grass Valleyan’s Mishap. G. W. Smith of Grass Valley spent Monday night at the county seat. He stayed up the best part of the night seeing the sights of the metropolis, and when he went to bed at the National Hotel it was well along into Tuesday morning. At 4:30 o’clock as Night Clerk Naake was engaged in making early calls he encountered a strong odor of gas in the hallway into which Mr, Smith’s room opened, and an investigation speedily disclosed the fact that the odor issued. from the partially closed transom over the door of Smith’s room. An entrance being effected, Smith was found in-a semiconscious condition, He was soon resuscitated, He had evidently upon retiring turned the gas off, then by accident turned it on again. At any event a full head was pouring out of the burner when he was found. A Broken Arm. Jobn Ashton, aged about fourteen years, on Monday evening slipped and fell on the sidewalk in front of the National Hotel. Both bones of the left arm below the elbow were badly broken. Dr. Muller reduced the fractare and the patient is doing well. Funeral of Mre. McKeon. _ The funeral of the late Mrs, ‘Isabella McKeon will take place Thursday morning from St. Canice Catholic Church. High Mass will be celebrated at ten o’clock and the funeral services will follow. A Ranch gold, Raphael Solari has sold his ranch in Willow Valley to his nephew, Mr. Genasci, and will leave the early part of next month for Italy. Part of his family will accompany him. Tut tired feeling,so subtle and yet 80 overpowering, is entirely overcome by Hood’s Sarsaparilla, which tones and strengthens the system and gives a good appetite. Be sure to get Hood’s Sarsaparilla. ‘'100 Doses One Dollar’ is true only of this peculiar medicine. Buecuam’s Puts act like magic ona weak stomach. me When Baby was sick, We gave her Castoria. When the was a Child, She cried for Castoria. When she became Miss, ; She clung to Castoria, > If tn THE TWELFTH DAY. Mr. Lord’s Fellow~ Citizens’ Testimony. DEFENDANT ON THE STAND. Why He Contested With Mr. Dunster. THE. HUNT FOR INDIAN JOE. Why Lord Slept in the Courthouse Nov. 19th. DEFENSE RESTS The Prosecution Offer No Rebuttal, A REJECTED PROPOSITION. it Being to Submit the Case Without Argument. Whereupon the Speeches Begin and the Learned Attorneys Wax Eloquent. 1 Tuesday was the twelfth day of the Lord trial. Some ladies were in attendance when the morning session opened. District. Attorney. Nilon said that there was one incident of Monday’s proceedings he desired to explain, He heard it was reported that his protest against the proceedings during the cross-examination of witness Horton was aimed at attorney Cross. He wanted it understood such was not the case. He was criticising the course of the witness. The line of_testimony with which the day’s procéedings Were inaugurated was as to Mr. Lords’s reputation, the following witnesses being called: JOHN CALDWELL, Nevada City. Resided in county 33 years. Have béen a member of the Legislature, and County, District and Superior Judge.--Known defendant four years. His reputation is good. Cross-examined—Never resided in the same town with him. JOHN F, KIDDER, Grass Valley. Am civil engineer. Resided in Grass Valley 12 or 13 years. Have known defendant ever since I lived there. His reputation is good. Cross-examined: Never heard any thing against him, Heard him generally talked of as 9 good citizen RUFUS SHOEMAKER, Publisher and editor of Grass Valley Telegraph. Resided in Grass Valley 80 years off and on. Have edited the Union, Tidings and Telegraph. Have known defendant 10 or 15 years, Defendant’s reputation is good. Cross-examined: Have heard hin discussed when a candidate for office. The Sheriff publishes notices of sale. It is not the best of any one class. of advertising, -Ordinarily it is an important element of business. It is not in this county now. My paper is not Republican. P. H. PAYNTER, Justice of the Peace at Grass Valley now and for 20 years past. Have known defendant 24-or 25 years. His reputation, is good, A. B. DIBBLE, Attorney at law, Grass Valley. Resided there 27 yearg. Have known defendant a quarter ofa century. His leputation is good, CHARLES E, CLINCH, Merchant at Grass Valley. Resided there 30 years. Have known defendant 30 years. His reputation is good. Cross-examined: Amagrocer. Mr, Lord does not trade with me. PATRICK NOONAN, Resident of Grass Valley. Lived there thirty-six years. Have known defendant thirty years. His reputation is good. Cross-examined—His reputation was good till he was indicted. GEORGE W. HILL, Insurance agent and mining secretary at Grass Valley. Lived there 31 years, Known defendant 15 or 20 years. His reputation is good. CG. W, KITTS, Attorney at law at Grass Valley. Resided there since 1874, Known Lord since 1875, His reputation is good, BAMUEL GRANGER, Merchant at Grass Valley; also in mining. Resided there 32 years, Have known defendant most of that The Great Trial Nearing time. His reputation is good. HENRY SILVESTER, Merchant at Grass Valley. Have resided there since 1851. Am Town Treasurer. Have known defendant 10-or 15 years, His reputation is good. WM. BEE, Trustee of Grass Valley. Have lived there since 1864. Have known defendant 20 years. His reputation is good, EDWARD COLEMAN, Mine owner of Grass Valley. Resided there since 1860. Am President and Superintendent of the Idaho Mining Company. Have known defendant 29 years. His reputation is good. JOHN COLEMAN. Am miner and Treasurer Idaho Com. : pany; Known defendant over 20 years.His reputation is good. Yes, I have been State Senator. [The court: “I don’t see why all the ex-Senators try to dodge that point.”] eee JOHN GLASSON, Merchant at Grass Valley, where I have resided 15 years and known defendant all thattime. His reputation is good. WM. M, TRELOAR, : Merchant at Grass Valley. Resided there 25 years. Have known defendant over 20 years: His reputation is good. E. W. ROBERTS, Attorney at law, at Grass Valley. Resided there over 28 years. Have been Justice of the Peace, County Judge, State Senator. Have known George Lord 18 or 20 years. His reputation is the best. HERMAN UPHOFF, Resident of Grass Valley for 30 years. Have been-town Trustee. Have known defendant 15 years. His reputation is good, C. KLEINE, Resident of Grass Valley since 1861. Have known defendant 15 or 20 years. His reputation is god. CAPT. WHITE, Resident of Grass Valley. Am mining Superintendent. Have known defendant seven years. His reputation is very good. Can’t be better, CAPT, J. Ry CROCKER, Blackémith at Grass Valley where I have known defendant since the sumner of 1864.” His reputation is good. CAPT. FRANCIS RICHARDS, Resident of Grass Valley. . Question ~—‘‘Are you not a capitalist ?’’}] I help my wife a good deal in the kitchen. Lave known defendant 30 years. His reputation is very good. PATRICK KILEY, Resident. of Boston Ravine. Have known defendant 18 years. His repuLimp attorneys. First saw the ballots of Boston Ravine when the recount was had_in this courtroom. the County. Clerk’s vault with Mr, Nilon and Mr. Bulfinch after the elecThat was theonly time I was there. I don’t recollect. there was everakeyto the door between the courtroom, and the Sheriff’s office. did not use any’sealing wax the nicht of November 19th. com bination of the lock to the vault, Cross-examined: Two or three days after election Mr. Ford and I were talking about the election. he would not believe, Boston Ravine gave Brady 184 majority over Rapp. He was also talking about Mr. Nilon Fred” Thomas while talking about going in with me and contesting the election said that Morateur came to him the day before very much excited. Mr. Thomas thought E. Appleton told me in front of my stable he had heard there was something wrong at Boston Ravine, and wanted to know if I wash’t going to contest. to me a Boston Ravine man told him if they Democrats, did not have things their own way at Boston Ravine it was not their fault, as they had the Board KE. Tilley told me he had heard there was something wrong at My son William told me that R. Gummoe said I better have John H. Carter told me Appleton and Freeman said I better Judge Roberts told me Gummoe and a member cf the Board had trouble about calling Dunster’s name offfhemmy name was on the ticket. The notice \was filed right after I went to the a gan the first. contest ‘the latter part of November, Did not examine—any of the ballots during the civil trial. Have examined theni during this trial. Mr. Lord was on the stand only 35 I never knew the beating ~hinm, it was suspicious. scratched by Mr! of Nilon inserted. Boston Ravine. have a recount. Frank. Jones’ except that it had F. J. while Frank’s did not. This was, with the exception of Mr. Thomas’s name, also written by Geo Lord is proved not to have been on.it when it was voted, “and Dungster’s name was not then Exhibit Q is the ballot. of Mr. Lynely scratched the name of Davis, inserting McLachSince he voted it Lord’s name has been substituted for DunExhibit V is either William Connors’ or his son James’. ter made out two just alike, and each of them voted one of them. the names Thomas, Beatty and Soix, {Sykes} written. om them, ballot was voted Mr. Dunster’s name has been erased and George Lord's inExhibit R was-identified as He wrote on it D. B. Lynch, Testified: Remember the night of November 19th when Mr. Lord slept He told me he was going to reHe stated the reason. He said he was going to look about town for Indian Joe, that he would disguise himself and probably be up a ‘good part of the night. would send to my house Thomas Cracklin’s. 4Preston, Watson, Rapp and Powell. Since it was voted Dunster’s name ‘has been stratched ane George Lord’s inExhibit T was John Ford’s Stewart’s name was scratch-. ed and Morris’ inserted, roy wrote it, and Ford thereupon for me if he GEORGE M,. HUHGES Sworn: Am of counsel for defendant, Was one of his attorneys in the civil preceedings. _Heard Morateur’s eviMorateur carefully examined his private mark on the seal of the voted it, . Since then Lord’s name has been puton in the place of Dunster’s. Exhibits FF and GG are ballots nearOne is Wm. Lacey’s and John Tierney package and pronounced it all right. At the. Judge’s suggestion he again looked at it, still more carefully, and said it was in the same condition as when he brought it to the county seat. The attorneys on both sides expressed one Hugh Maguire’s, wrote W. P. Morris on each, and they keeper. ley. Merchant at Grass Valley. known defendant 20 years, reputation is very good. Senator. children, was two-fold. tation is very good. THOS, OTHET, reputation is good. A.D. WEST, tation is good. ISADOR HAAS, W. B. VAN ORDEN, Merchant at Grass Valley. Have known defendant 8 or 10 years, His reputation is good, * D, B, MARWICK, Resident of Grass Valley and saloon Have known defendant 10 years. His reputation is good, i JAB. BENALLACK, W. E. DEAMER, Soda water manufacturer. at Grasa ValHave known defendant 10 or15 years. Ilis reputation is good, GEO, ViNCENT, WM. GEORGE, Merchant at Grass Valley and exHave known defendant many years, His reputation is good. JAS, L. MORGAN, County Clerk, native of county, Known defendant four years; repntation is good. Cross-examined :_ Never been State Senator, Re-direct : Would like to be. FRANK DULMAINE, Miner-at Grass Valley; Have know ii defendant 12 or 13 years, His reputation is very good. GEORGE LORDSworn: Am 60 years old. Have resided in county most of the time since 1858. Have 7 children, and 6 grandOn November 19, 1888, was Sheriff. Slept that night in bedroom between Sheriff’s office and jail. My object. in staying here that night I wanted to attend the Republican ratification meeting and to look for Indian Joe who was wanted fora murder committed near Camptonville. Prior to sleeping: here that night I told.more than one person: I intendedto remain here. I used a candle that night to go out to the water-closet.On that night I did not touch, handle or see any ballot cast at Boston Ravine precinct, any more than any gentleman of this jury. I never in any way altered or tampered with them . directly or indirectly. Fred Searls and Geo. M. Hughes were . my attorneys in the contest over the Shrievalty. 1 received information that there were irregularities in the election from Fred Thomas, Appleton, Wm, Freeman, R. Gummoe, N. Hall, T. 8. Ford, Edwin Tilley and J. H. Carter. In preparing the contest Merchant at Grass Valley. Have known defendant many years. His Feed merchant at Grass Valley. Have known defendant 10 years. His repuMerchant at Grass Valley. Have known defendant 20 years. His reputation is good. Mining Superintendent at Grass Valley. Defendant's reputation is good. “Have age was opened. fully then than before. o'clock Pp. M. Afternoon Session, The first witness sworn was A. H, UNDERWOOD to step up to the courthouse, and call him:or Mr. Carter. Cross-examinued: I think it was the corner of Broad and Pine streets. I was helping to put up the arch. It was afterwards removed to Grass Valley. Re-direct : I don’t remember saying to you (Mr. Johnson) that it was after the election when I was decorating. It stormed that afternoon. Mr, Lord when he first spoke to me said he would pay me for my time. He afterwards said there was a reward offered and. if he got the man he would pay me $100. : Defense offered in evidence the portions of the Political Code relating to contesting elections, to show it isa man’s right and privilege to contest W. D. HARRIS Testified; Have examined the nine ballots. In my opinion the names Geo Lord and George Lord thereon are not in Mr, Lord’s handwriting. in pencil when six years ago L was in a store where he traded, = At 1:27 p. m. the defense rested, The prosecution had no rebuttal. Defense offered to submit the cas without argument. : The prosecution refused to agree to this proposition, The court ordered that not to exceed two counsel would be heard in argument, The Argument, At 2:35 Pp, m. District Attorney Nilon began the opening argument of the prosecution, He said the charge is not the information or charge of the prosecuting attorney, but came from the Grand Jury. The Judge interposed the statement that he would. instruct the jury to place no stress upon the fact that the trial was the result of ted the jurors upon the fact that the trial wasso near its end, and commended them upon their intelligence and attentiveness. He spoke of bis lack of experience as a public prosecutor. The charge against Mr. Lord, the defendant, is one which iy proven will result in heavy penalty. It is one of the most i:.portant cases ever tried in thecounty. It is hoped that never again ‘in Nevada county papersI acted under the advice of will a jury be called to pags on such a themselves satisfied before the pack-. Were 80 voted. Now George Lord scratched from both. the list—of ballots in evidence. Mr. Cross-examined: After the discrepThat completes ancy in the count was ascertained he again went on the stand. Idon’t think he examined the seals any more care-. Prosecution on handwriting. He tes At 11:15 court took a recess till 1 Of Nevada City. Lived in county since 1877. Had a conversation with Mr. Lord last Fall about Indian Joe and about Mr, Lord remaining in the courthouse the night of a Republican procession here. We had several conversations about it. That day he said it would be a good night for Indians to be in town. He said if I saw Joe question. The count has plainly been . MINES ON R.-R. LANDS. actuated to give to all concerned a fair a hearing. It is evident ‘an enormous crime has been committed. On election day the lowest and poorest. citizen inthe lind stands on an equal with the highest and richest. man is robbed of his right to participate in the government, he is’ robbed of his greatest privilege. It is worse The court will instruct you, we must prove—first, the casting of the ballots; second, that those ballots have been changed since then ; third, that the defendant changed Counsel read tothe court and commented upon the law relative to tampering with Exhibit G is the ballot of Frank Jones, The names J. Sykes and W: Stewart were written on it by Jones’ it was so voted. Melarkey was first on the ballet and was erased before voting. Counsel contended there could be no question as to the origin and identity of any of the ballots filed as exhibits.’ On the Jones ballot Dunster’s name has since been scratched and Lord’s inserted. Exhibit L was voted by M. MeDonough. The, name of Ford was McDonough an&that Singe it was voted Dunster’s name has been scratched andthe name Geo lard inserted. The name Nilon is smoothly written, the name lard is poorly written. Exhibit J is the ballot identified as J. Full Text of the Supreme Court's Recent Decision. Much comment has been excited by the Supreme Court decision in the case of Gale (plaintiff and respondent) ys. Best (defendant and appellant), in which the right of miners have apparently been further curtailed, Appéllant claimed certain lands held by respondent as agricultural under a Central Pacific railroad patent to be mineral, and dn that ground asserts his right to possession of it. The decision, rendered by McFarland and concurred in by his confreres without exception, relates: The rule is well settled by numerous decisions of the Supreme Court of the United States that when a law of Congress provides for the, disposal and patenting of certain public lands upon the ascertainment of certain facts, the proper officers of the Land Department of the General Government have jurisdiction to inquire into-and-determine those facts; that the issuance of a patent is un official declaration that such.facts have been found in favor of he patentee; and that in stich a case the patent is conclusive in a court of law and cannot be attacked collaterally. Of course, if the pateat be void upon its face, or if looking-beyond-the patent for a new law upon which it is based, it is found that there is no law which authorizes such a patent under any state of facts, or, that the particular tract named in the patent has been absolutely reserved from disposal, then the patent would by worthless and as: sailable from any quarter, For instance, if a certain section of a certain township described by legal subdivisions-should -be expressly and unconditionally reserved by Congress from disposal under any statute, a patent for any part of such tract would be. void, But if-a large body of public lands be subjected to sale or other disposal under a law which has merely_ageneral reservation of such parts of those lands as may be found to be of a particular character—such as swamp or mineral—then the Land Department has jurisdiction to determine the character of any part thereof, and a patent is conclusive evidence that such jurisdiction has-been exercised, In such a case the patent could beat tucked only by’ a direct proceeding, and by a person who connects himself directlywith the-title.of-the-Goverr ment, ious in support of these views are cited, ‘reference ine particular~ being made to the case of Smelting Co, vas. Kemp (104 U. S., 686,) and Steel ys: Smelting Co. (106 Id,, 447). The des cision then proceeds: It iscontended by appellants that former decisions of this court, in Mce vs. Quigley (57 Id., 394); and Chicage Q. M. Co, vs, Oliver (16 Pac. Rep. vail), itis not necessary here to consider. In order to affirm-the judgment in the case at baf$ there is no necessity to upset either of those cases. In McLaughlin vs, Powell the patent itself excepted ‘‘all mineral lands, should.any be found to exist in the fracts” embraced by the patent. And the decision is expressly put upon the ground that there was that exception, and thatit was ‘‘part of the description”’ of the lands conveyed. And it may be strongly argued that, in such case, although it wasthe duty of the night we put up the arches at the At 5 o'clock Pp, m. court adjourned till 9:30 o’clock Wednesday morning, when Mr, Nilon will eonclude his ary He will be followed by Mr, Mr. Johnson will be the third speaker and Mr, Cross will close. An Elegant Substitute For oils, salts, pills, and all kinds of bitter, nauseous medicines,,js the very agreeable liquid fruit remedy, Syrup of Recommended by leading PhyManufactured only by the California Fig Syrup Company, San For sale by all lead Carr Bros., Nevada Francisco,Cal. ing driiygists. is Consumption incurable, Read the following. Mr. O.-H. Mog ris, Newark, Ark., says: ‘‘Was down with Abscess of Lungs, and friends and physicians pronounced me an Incurable Consumptiye. King’s New Discovery for Consumption, am now on my third bottle, and able to oversee the work on my farm. Haye seen Mr, Lord write his. name . . Began taking Dr. Jesse Middlewart, Decatur, Ohio, lad it not been for Dr. King’s iscovery for Consumption I would have died of Lung Troubles. Was given up by doctors, at Carr Brothers Drug“aOs}IOd poo “WINJOIIS ‘a an indictment. Mr, Nilon congratuluIq 842 pars Ayuo you “@Olj Po[TVUl ‘sasvasiqy SA YOGA WeyUINIY)] poo Weeq PVY J 203;0 uos}Og ‘s20uln yy KM JO SoTpewar pay[co-o8 dt ‘pos £anou2) Yabeto ae Pav pooig UO syoog 403 puss V Pe we “TTTAOT “OTD “‘etaantt “onmea oaag 8, ao pas Suyjeas—zojySuup Aut Uo podopaap vlujois 'N snouosjod 942 Land Department to determine the character of the land before the issuance of the patent, yet, as the patent shows upon its face that such duty was not performed, the patentee must be held to have taken it knowing its uncertain and unsubstantial character, On the other hand, Judge Sawyer has held, in an opinion of great force and ability, that the issuance of a patent in such a case was a conclusive declaration that the land was of the character to be properly patented under the law ~that is, agricultural land; that there is no authority to make in such a patent a general reservation of mineral lands—any more than there is in case of a pre-emption patent; and Sawyer, U.S. C., 2 Rep., 8th Circuit, 246.) At all events, as in.the case at bar the patent contains no reservation whatever, the case of McLfiughlin vs. Powell is pot authority here. And the same may. be said gl Chicago. Q.-M, o;-veOliver; tthat case thie paterit also excepted ‘ll mineral lands, should any be found to exist,’ ete, Carr vs. Quigley is notin point at all, In that case there was no question about the character ~ of the land patented. It wasclaimed to be within a ‘Government reservation ;”’ and that the body of land itself involved in that case, without reference to its character, was é@xpressly reserved from the operation of the law under which the attempt was made to patent it. Our opinion is that where a patent issues for public land under @ law which provides for its disposal as agricultural land—either to a railroad company or to pre-emption or homestead claimants—and there is no reservation in the law except a general one of mineral lands, and no reservation at all in the patent, then the patent must be considered asa conclusive determination by the Government that the land is agricultural; and afterward, in an action in a court of law, it is not competent to reopen the question of the character of the land. The opposite view would render+ the titles toa large region of California, now filling up with agricultural settlers, unstable, insecure and almost worthless, It would affect, also, those holding through patents under the United States Supreme Court decis:. Laughlin vs. Powell (50 Cal., 64); Carr . 780), are in conflict with the ‘doctrine Hickox was the first witness for the rabove stated, Whether or not there be any expressions in the opinion in tified that in his opinion every ballot either of those cases inconsistent witl in éxhibit except J had Mr. Lord’s writing uponit, and that as to J he Expert Hickox’s testimony was 1eviewed in detail. speaker thought his manner on the witness stand had been such as to inspire the utmost confidence in his honesty and ability. There has been coulroversy as to the system of writing that allows the third up stroke in the letter G, with a tail below the line, coming higher than the e that follows. Another characteristic of Mr. Lord’s writing pointed out by Mr. Hickox is the terminal curve of the George ; another is the rform ; another is the impérfect g; anofher is the contrast in the loops of his L; another is characteristics claimed by Mr. Hickox to exist in the the views of the highest Federal Court outhe subject (which views, in the end, on a question like this must pre” 5 : : : ; been troubled with serofula, my little boy, that such # reservation is, void. (10 three years old, being a@ terrible sufferer, Last spring he was one mass of. sores from . mineral lands are exempted from the provisions of those laws: The theory of that view is that if the land. preyiously patented as agricultural can at any time be shown to be in fact mineral, then the title to it never passed from -the United States, but had-always remained_a part of the public domain ; and, as no statute of limitation runs against the Government, the ‘insecurity of the title under the patent would »be perpetual, and an attack upon it could be made as successfully 100 years hence as now. The view taken of the question presented by the court below was correct, and we see no error in the record. iid es nil tnt St PERSONAL MENTION. Social and Other Notes About People Old and Young. Chas. Prime of San Francisco is in town, Mrs, Fannie Valentine has returned from Graniteville. A. FE, Dambactier of San Francisco arrived here Tuesday morning. John Spaulding arrived here Tuesday morning from Seigler Springs. J.-B. Leakeis-in-town’ on his way from Chicago, Ill., toNorth San Juan. John Guscetti arrived Tuesday from San Francisco on a visit to relatives: John Hamilton and Chas. Mosher have returned from the Red Chief mine. s Henry Lane, who has been sick for several days past, is again able to be around, F. P. Morrow came down Tuesday from Moore’s Flat where he has. been visiting his mother, G. Kelaghan, who has been to the Bay, is in town on his way to his home at Forest City:Superintendent Wm. H. Radford of tha North Bloomfleldmine has returned from a trip to San Francisco, Mrs, J. H. Howell-of North Bloom: field was intown Monday night en route to Plymouth to visit her husband, Mrs, Archie Nivens of Grass Valley has been very sick for the past two weeks, but now she is getting well again, Ben F, Young arrived this week from Ohio and is visiting relations at Grass Valley and this city. He comes to the coast toserve as an umpire for the California Baseball League. ~C. F. hanoand A; M. Austin have Jwonelected—-by-Golden ‘Star ‘Lodge; No, 156, 1, O. 0. F., at Grass Valley, as delegates tO the Grand Lodge, whichis tohold its session in San Francisco, Levi Kendrick leaves next Tuesday for Hildreth, Fresno county, where he will again take charge of the quartz millat Francis & James’ mine. Mr, Kendrick is one of the best millinen any where. Gen. A. M. Dobbie of North Bloomfield was in town Monday evening en routeto San Francisco. Time deals . gently withtheGeneral, and that is because he all of the time in going through life absorbs that which is cheerful and ignores the jags and crags. The Ladies Delighted. The pleasant effect and the perfect safety with which ladies may use the liquid friit laxative, Syrup of Figs, under all conditions make it. their favorite remedy. It is pleasing to the eye and to the taste, gentle, yet effectual in acting on the kidneys, liver and bowels. a] a] A Great variety of the latest per ternsin wall paper just received at Is that Impurity of the blood which produces unsightly lumps or swellings in the neok; legs, or feet; which develops ulcers in the eyes, ears, or Hose, often causing blindness or cerous growths, or “humors; which, fastening upon the lungs, causes consumption and and very few persons are entirely free from it, “rae CURED It Be 1 By taking Hood's Sarsaparilla, which, by the remarkable cures It has accomplished, has proven itself to be a potent and peculiar medicine for this disease, If you suffer from acrofula, try Hood's Sarsaparilia. “Every spring my wife and children have head to feet, “We all took Hood's Sarsaparilla, and all havo been cured of thé scrofula, My little boy is entirely free from sores, and al) W. B, ATHERTON, Passale City, N. J, by ©.1, HOOD & CO., Apothecarios, Lowll, Mase ANNUAL MEETING, MPYHE REGULAR ANNUAL MEETING OF the Stockholdera of the Champion Mining Company will be held-at the otfiee of the Company, No 422 Montgomery street, San Franciseo, California,on ‘Tuesda ’ the Sth day of April, 1889, at the Saturday, April 6th, af 12 o'clock M, THEO. WETZBL, Secretary, Office—No, S22 Montgomery street Ban For Oity Marshal, EREBY ANNOUNCES HIMSELF AS A candidate for the office of City Marpha STOOKHOLDERS’ MEETING, NRARRSRSSMEARROH caucs meeting of the Stockholders of the Nevada County Narrow Gauge Kailroad Company, for the epeuing twelve monshe, and for the transaction of such other business as may roperly come before the m ill be Rein at the office of the Com at the Railroad Depot, Grass Valley, Nevada Co, California, on Wednesday, the 3d ay of April, 1889,-at 8 o'clock P.M. Polls will be opened at 34g v’clock, and closed at. 3:45 pr. M,Transfer books will be osed on the 284-day of March, closed gy order of JOHN F. KIDDER, which causes running sores on the arms, . = for the election of seven Directors, to serve 2 : ep ‘wuery ‘g seasag “oD ounrosag anag =H, pre-emption and homestead laws, for Z President. Gxona® Fietcner, Secretary, miy-td ‘ PS Be pe Take Notice, Purchasers! The market is glutted with worthless preparations for the teeth. Beware ef them. Many corrode and abrade the enamel of the teeth and injure them irreparably. Use sterling SOZODONT and keep the dental row white arl beautiful. Ir you want a fine turn-out go to Henry Lane’s livery and feed stable. f Dyspepsia and Liver Compiaint. Is it not worth the amall price of 75 cents to free yourself of every symptom of these distressing complaints? If you think so call at our store and get a bottle of Shiloh’s Vitalizer. Every bottle ‘has ‘a printed guarantee on it. Use accordingly, and if it does you no good it will cost you nothing. Sold by Carr Brothers. d6-6m Cure rer Sick Headache. If you want a remedy for bilioushess, sallow complexion, pimples on’ he face, and a sure cure for sick headache, ask Carr Bros., the Druggists, for Dr. Gann’s Liver-Pills, Only one for &@ dose. Samples free. Full box 25 cente. my2l-ly Buckien’s arnica Salve. The best Salve inthe world for Outs, Bruises, Sores, Dlcers, Salt Rheum ever So.s, Tetter, Chapped Hands, Chilblains, Corns, and all Skin Eruptions, and positively cures Piles, or no pay required. Itis guaranteed to give perfect satisfuction, or money raunded. rice 25 cents per box, For sale by Ourr Bros, tf Ley BORN. ‘ At Grass Valley, March 18, to the wife of Rober. Deebie, a son. At Grass Valley, Marclr1?, to the wife of A. J. lamert, a son. At Grass Valley, March 18, infant son of Victor Granholm, aged 4 months. POWDER © Absolutely Pure. —__ VS POWDERINEVER VARI(E . ‘ ~-A Marvel of purity, strength an wholesomeness, More economical an ordinary kinds, and cannot be sold in com petition with the multitude of low teat, shor hl alum or phosphate powders, old Only in Cans. ROYAL BAKING POWDER co., 106 Wall street, New York JONSON-LOCKE MERCANTILE Agents, Sam Fre: ‘isce. & = ees pad aie €2@ On Monday next, L. deafness; which is the origin of pimples, can. TY MAN & CO will redeath, Itis the most ancient of all diseases, move their stock of Clothing etc., to their new store-room n the NATIONAL HOTEL BUILDING. E# All those wishing bar. four of my children look bright and healthy,” gains in the Clothing Line meee are invited to call around, as_ Hood's. Sarsaparilla % — Sold by all druggists. #1; six for gs, Prepared only . GOODS WILL BE SOLD AT COST 100 Doses One Doilar . for the remaining few days, hour of 4o’clock p, M., for the purpose of electing a Board of Directors to serve for the epeuing year, and the transaction of : such other business as may come before L Lh othe meeting. Transfer books’ will close on Francisco, California, mis-td San Francisco Opposition Stores, JEROME H. COOK Commercial Street, Nevada Oity, AND she , subject to the will of the people at . Mil) Street -— _> Grass Valley. «

om.™ = etic WEDNESDAY, MAROH. 20, 1889 es BY DAY OR JOB. A Question Creating Trouble at the North Star. The Grass Valley Tidings of Monday evening says: This morning five of the regular employes of the N orth Star mine were taken off the ‘‘day’s pay”’ list and informed that hereafter they would: be paid a. stipulated price per foet. The men promptly quit and “sent in their time.” Subsequently five of the best miners in the employ ot the company were set tu work in the same_drift—or stope,; at day’s pay, but with the alleged avowed intention on the: part of the company to determine what the men would earn at the price per foot stipulated in the case. : of the miners who quit. The North Star is a paying mine and the miners should resist any-and all attempts to cut their per diem to less than $3._The wedge once éntered, it would not be long before wages would drop to $2 or $2.50 per day, a sum incommensurate with the work doneand dangers experienced. This is not to be construed, however, as intimating that the North Star Company contemplates a reduction in_the per diem of its employes. aid This afternoon and from another source it was learned that ten men, employed in one stope, were affected by the new order and went out. It was then resolved to put six skilled miners in the stope and determine by } their work what figure per foot-would be a just remuneration. Subsequently the striking winers were invited to rettrn to work on day’s pay and accepted. It is said, however, that the Company will fix another figure per foot (40-cents was the original proposition, at which the miners claim their day’s earnings would not exceed $2.40) and will submit it as an ultimatum within a fortnight. The mine management could not be seen today, hence the company’s side of the difficulty cannot be presented in this issue. HERE AND THERE. 4. Brief Record of Various Mat ters of Local Interest. The City Trustees meet Thursday evening. Thomas R. Geach, a native of England, was naturalized Tuesday on the testimony of Wm. George and Wm. Bee, Dan Roberts is negotiating with San Francisco parties in regard to the development of his copper claim at French Corral. : Whoever buys the Buhring store, real estate, etc., at North Sau Juan will get a valuable and remunerative property at a very low price. The Grass Valley Telegraph of Monday says: There was a row in the Salvation Army~ barracks last-night. A young man disturbed the meeting, or it was thought he did, and to put him out of the room wastried. Then there was a scrimmage and one or two knocked down and some eyes blacked. The disturber got the best of the row. It is said that arrests will be made and then we shall hear from the-court abou, the wrong and right of the matter, A Grass Valleyan’s Mishap. G. W. Smith of Grass Valley spent Monday night at the county seat. He stayed up the best part of the night seeing the sights of the metropolis, and when he went to bed at the National Hotel it was well along into Tuesday morning. At 4:30 o’clock as Night Clerk Naake was engaged in making early calls he encountered a strong odor of gas in the hallway into which Mr, Smith’s room opened, and an investigation speedily disclosed the fact that the odor issued. from the partially closed transom over the door of Smith’s room. An entrance being effected, Smith was found in-a semiconscious condition, He was soon resuscitated, He had evidently upon retiring turned the gas off, then by accident turned it on again. At any event a full head was pouring out of the burner when he was found. A Broken Arm. Jobn Ashton, aged about fourteen years, on Monday evening slipped and fell on the sidewalk in front of the National Hotel. Both bones of the left arm below the elbow were badly broken. Dr. Muller reduced the fractare and the patient is doing well. Funeral of Mre. McKeon. _ The funeral of the late Mrs, ‘Isabella McKeon will take place Thursday morning from St. Canice Catholic Church. High Mass will be celebrated at ten o’clock and the funeral services will follow. A Ranch gold, Raphael Solari has sold his ranch in Willow Valley to his nephew, Mr. Genasci, and will leave the early part of next month for Italy. Part of his family will accompany him. Tut tired feeling,so subtle and yet 80 overpowering, is entirely overcome by Hood’s Sarsaparilla, which tones and strengthens the system and gives a good appetite. Be sure to get Hood’s Sarsaparilla. ‘'100 Doses One Dollar’ is true only of this peculiar medicine. Buecuam’s Puts act like magic ona weak stomach. me When Baby was sick, We gave her Castoria. When the was a Child, She cried for Castoria. When she became Miss, ; She clung to Castoria, > If tn THE TWELFTH DAY. Mr. Lord’s Fellow~ Citizens’ Testimony. DEFENDANT ON THE STAND. Why He Contested With Mr. Dunster. THE. HUNT FOR INDIAN JOE. Why Lord Slept in the Courthouse Nov. 19th. DEFENSE RESTS The Prosecution Offer No Rebuttal, A REJECTED PROPOSITION. it Being to Submit the Case Without Argument. Whereupon the Speeches Begin and the Learned Attorneys Wax Eloquent. 1 Tuesday was the twelfth day of the Lord trial. Some ladies were in attendance when the morning session opened. District. Attorney. Nilon said that there was one incident of Monday’s proceedings he desired to explain, He heard it was reported that his protest against the proceedings during the cross-examination of witness Horton was aimed at attorney Cross. He wanted it understood such was not the case. He was criticising the course of the witness. The line of_testimony with which the day’s procéedings Were inaugurated was as to Mr. Lords’s reputation, the following witnesses being called: JOHN CALDWELL, Nevada City. Resided in county 33 years. Have béen a member of the Legislature, and County, District and Superior Judge.--Known defendant four years. His reputation is good. Cross-examined—Never resided in the same town with him. JOHN F, KIDDER, Grass Valley. Am civil engineer. Resided in Grass Valley 12 or 13 years. Have known defendant ever since I lived there. His reputation is good. Cross-examined: Never heard any thing against him, Heard him generally talked of as 9 good citizen RUFUS SHOEMAKER, Publisher and editor of Grass Valley Telegraph. Resided in Grass Valley 80 years off and on. Have edited the Union, Tidings and Telegraph. Have known defendant 10 or 15 years, Defendant’s reputation is good. Cross-examined: Have heard hin discussed when a candidate for office. The Sheriff publishes notices of sale. It is not the best of any one class. of advertising, -Ordinarily it is an important element of business. It is not in this county now. My paper is not Republican. P. H. PAYNTER, Justice of the Peace at Grass Valley now and for 20 years past. Have known defendant 24-or 25 years. His reputation, is good, A. B. DIBBLE, Attorney at law, Grass Valley. Resided there 27 yearg. Have known defendant a quarter ofa century. His leputation is good, CHARLES E, CLINCH, Merchant at Grass Valley. Resided there 30 years. Have known defendant 30 years. His reputation is good. Cross-examined: Amagrocer. Mr, Lord does not trade with me. PATRICK NOONAN, Resident of Grass Valley. Lived there thirty-six years. Have known defendant thirty years. His reputation is good. Cross-examined—His reputation was good till he was indicted. GEORGE W. HILL, Insurance agent and mining secretary at Grass Valley. Lived there 31 years, Known defendant 15 or 20 years. His reputation is good. CG. W, KITTS, Attorney at law at Grass Valley. Resided there since 1874, Known Lord since 1875, His reputation is good, BAMUEL GRANGER, Merchant at Grass Valley; also in mining. Resided there 32 years, Have known defendant most of that The Great Trial Nearing time. His reputation is good. HENRY SILVESTER, Merchant at Grass Valley. Have resided there since 1851. Am Town Treasurer. Have known defendant 10-or 15 years, His reputation is good. WM. BEE, Trustee of Grass Valley. Have lived there since 1864. Have known defendant 20 years. His reputation is good, EDWARD COLEMAN, Mine owner of Grass Valley. Resided there since 1860. Am President and Superintendent of the Idaho Mining Company. Have known defendant 29 years. His reputation is good. JOHN COLEMAN. Am miner and Treasurer Idaho Com. : pany; Known defendant over 20 years.His reputation is good. Yes, I have been State Senator. [The court: “I don’t see why all the ex-Senators try to dodge that point.”] eee JOHN GLASSON, Merchant at Grass Valley, where I have resided 15 years and known defendant all thattime. His reputation is good. WM. M, TRELOAR, : Merchant at Grass Valley. Resided there 25 years. Have known defendant over 20 years: His reputation is good. E. W. ROBERTS, Attorney at law, at Grass Valley. Resided there over 28 years. Have been Justice of the Peace, County Judge, State Senator. Have known George Lord 18 or 20 years. His reputation is the best. HERMAN UPHOFF, Resident of Grass Valley for 30 years. Have been-town Trustee. Have known defendant 15 years. His reputation is good, C. KLEINE, Resident of Grass Valley since 1861. Have known defendant 15 or 20 years. His reputation is god. CAPT. WHITE, Resident of Grass Valley. Am mining Superintendent. Have known defendant seven years. His reputation is very good. Can’t be better, CAPT, J. Ry CROCKER, Blackémith at Grass Valley where I have known defendant since the sumner of 1864.” His reputation is good. CAPT. FRANCIS RICHARDS, Resident of Grass Valley. . Question ~—‘‘Are you not a capitalist ?’’}] I help my wife a good deal in the kitchen. Lave known defendant 30 years. His reputation is very good. PATRICK KILEY, Resident. of Boston Ravine. Have known defendant 18 years. His repuLimp attorneys. First saw the ballots of Boston Ravine when the recount was had_in this courtroom. the County. Clerk’s vault with Mr, Nilon and Mr. Bulfinch after the elecThat was theonly time I was there. I don’t recollect. there was everakeyto the door between the courtroom, and the Sheriff’s office. did not use any’sealing wax the nicht of November 19th. com bination of the lock to the vault, Cross-examined: Two or three days after election Mr. Ford and I were talking about the election. he would not believe, Boston Ravine gave Brady 184 majority over Rapp. He was also talking about Mr. Nilon Fred” Thomas while talking about going in with me and contesting the election said that Morateur came to him the day before very much excited. Mr. Thomas thought E. Appleton told me in front of my stable he had heard there was something wrong at Boston Ravine, and wanted to know if I wash’t going to contest. to me a Boston Ravine man told him if they Democrats, did not have things their own way at Boston Ravine it was not their fault, as they had the Board KE. Tilley told me he had heard there was something wrong at My son William told me that R. Gummoe said I better have John H. Carter told me Appleton and Freeman said I better Judge Roberts told me Gummoe and a member cf the Board had trouble about calling Dunster’s name offfhemmy name was on the ticket. The notice \was filed right after I went to the a gan the first. contest ‘the latter part of November, Did not examine—any of the ballots during the civil trial. Have examined theni during this trial. Mr. Lord was on the stand only 35 I never knew the beating ~hinm, it was suspicious. scratched by Mr! of Nilon inserted. Boston Ravine. have a recount. Frank. Jones’ except that it had F. J. while Frank’s did not. This was, with the exception of Mr. Thomas’s name, also written by Geo Lord is proved not to have been on.it when it was voted, “and Dungster’s name was not then Exhibit Q is the ballot. of Mr. Lynely scratched the name of Davis, inserting McLachSince he voted it Lord’s name has been substituted for DunExhibit V is either William Connors’ or his son James’. ter made out two just alike, and each of them voted one of them. the names Thomas, Beatty and Soix, {Sykes} written. om them, ballot was voted Mr. Dunster’s name has been erased and George Lord's inExhibit R was-identified as He wrote on it D. B. Lynch, Testified: Remember the night of November 19th when Mr. Lord slept He told me he was going to reHe stated the reason. He said he was going to look about town for Indian Joe, that he would disguise himself and probably be up a ‘good part of the night. would send to my house Thomas Cracklin’s. 4Preston, Watson, Rapp and Powell. Since it was voted Dunster’s name ‘has been stratched ane George Lord’s inExhibit T was John Ford’s Stewart’s name was scratch-. ed and Morris’ inserted, roy wrote it, and Ford thereupon for me if he GEORGE M,. HUHGES Sworn: Am of counsel for defendant, Was one of his attorneys in the civil preceedings. _Heard Morateur’s eviMorateur carefully examined his private mark on the seal of the voted it, . Since then Lord’s name has been puton in the place of Dunster’s. Exhibits FF and GG are ballots nearOne is Wm. Lacey’s and John Tierney package and pronounced it all right. At the. Judge’s suggestion he again looked at it, still more carefully, and said it was in the same condition as when he brought it to the county seat. The attorneys on both sides expressed one Hugh Maguire’s, wrote W. P. Morris on each, and they keeper. ley. Merchant at Grass Valley. known defendant 20 years, reputation is very good. Senator. children, was two-fold. tation is very good. THOS, OTHET, reputation is good. A.D. WEST, tation is good. ISADOR HAAS, W. B. VAN ORDEN, Merchant at Grass Valley. Have known defendant 8 or 10 years, His reputation is good, * D, B, MARWICK, Resident of Grass Valley and saloon Have known defendant 10 years. His reputation is good, i JAB. BENALLACK, W. E. DEAMER, Soda water manufacturer. at Grasa ValHave known defendant 10 or15 years. Ilis reputation is good, GEO, ViNCENT, WM. GEORGE, Merchant at Grass Valley and exHave known defendant many years, His reputation is good. JAS, L. MORGAN, County Clerk, native of county, Known defendant four years; repntation is good. Cross-examined :_ Never been State Senator, Re-direct : Would like to be. FRANK DULMAINE, Miner-at Grass Valley; Have know ii defendant 12 or 13 years, His reputation is very good. GEORGE LORDSworn: Am 60 years old. Have resided in county most of the time since 1858. Have 7 children, and 6 grandOn November 19, 1888, was Sheriff. Slept that night in bedroom between Sheriff’s office and jail. My object. in staying here that night I wanted to attend the Republican ratification meeting and to look for Indian Joe who was wanted fora murder committed near Camptonville. Prior to sleeping: here that night I told.more than one person: I intendedto remain here. I used a candle that night to go out to the water-closet.On that night I did not touch, handle or see any ballot cast at Boston Ravine precinct, any more than any gentleman of this jury. I never in any way altered or tampered with them . directly or indirectly. Fred Searls and Geo. M. Hughes were . my attorneys in the contest over the Shrievalty. 1 received information that there were irregularities in the election from Fred Thomas, Appleton, Wm, Freeman, R. Gummoe, N. Hall, T. 8. Ford, Edwin Tilley and J. H. Carter. In preparing the contest Merchant at Grass Valley. Have known defendant many years. His Feed merchant at Grass Valley. Have known defendant 10 years. His repuMerchant at Grass Valley. Have known defendant 20 years. His reputation is good. Mining Superintendent at Grass Valley. Defendant's reputation is good. “Have age was opened. fully then than before. o'clock Pp. M. Afternoon Session, The first witness sworn was A. H, UNDERWOOD to step up to the courthouse, and call him:or Mr. Carter. Cross-examinued: I think it was the corner of Broad and Pine streets. I was helping to put up the arch. It was afterwards removed to Grass Valley. Re-direct : I don’t remember saying to you (Mr. Johnson) that it was after the election when I was decorating. It stormed that afternoon. Mr, Lord when he first spoke to me said he would pay me for my time. He afterwards said there was a reward offered and. if he got the man he would pay me $100. : Defense offered in evidence the portions of the Political Code relating to contesting elections, to show it isa man’s right and privilege to contest W. D. HARRIS Testified; Have examined the nine ballots. In my opinion the names

Geo Lord and George Lord thereon are not in Mr, Lord’s handwriting. in pencil when six years ago L was in a store where he traded, = At 1:27 p. m. the defense rested, The prosecution had no rebuttal. Defense offered to submit the cas without argument. : The prosecution refused to agree to this proposition, The court ordered that not to exceed two counsel would be heard in argument, The Argument, At 2:35 Pp, m. District Attorney Nilon began the opening argument of the prosecution, He said the charge is not the information or charge of the prosecuting attorney, but came from the Grand Jury. The Judge interposed the statement that he would. instruct the jury to place no stress upon the fact that the trial was the result of ted the jurors upon the fact that the trial wasso near its end, and commended them upon their intelligence and attentiveness. He spoke of bis lack of experience as a public prosecutor. The charge against Mr. Lord, the defendant, is one which iy proven will result in heavy penalty. It is one of the most i:.portant cases ever tried in thecounty. It is hoped that never again ‘in Nevada county papersI acted under the advice of will a jury be called to pags on such a themselves satisfied before the pack-. Were 80 voted. Now George Lord scratched from both. the list—of ballots in evidence. Mr. Cross-examined: After the discrepThat completes ancy in the count was ascertained he again went on the stand. Idon’t think he examined the seals any more care-. Prosecution on handwriting. He tes At 11:15 court took a recess till 1 Of Nevada City. Lived in county since 1877. Had a conversation with Mr. Lord last Fall about Indian Joe and about Mr, Lord remaining in the courthouse the night of a Republican procession here. We had several conversations about it. That day he said it would be a good night for Indians to be in town. He said if I saw Joe question. The count has plainly been . MINES ON R.-R. LANDS. actuated to give to all concerned a fair a hearing. It is evident ‘an enormous crime has been committed. On election day the lowest and poorest. citizen inthe lind stands on an equal with the highest and richest. man is robbed of his right to participate in the government, he is’ robbed of his greatest privilege. It is worse The court will instruct you, we must prove—first, the casting of the ballots; second, that those ballots have been changed since then ; third, that the defendant changed Counsel read tothe court and commented upon the law relative to tampering with Exhibit G is the ballot of Frank Jones, The names J. Sykes and W: Stewart were written on it by Jones’ it was so voted. Melarkey was first on the ballet and was erased before voting. Counsel contended there could be no question as to the origin and identity of any of the ballots filed as exhibits.’ On the Jones ballot Dunster’s name has since been scratched and Lord’s inserted. Exhibit L was voted by M. MeDonough. The, name of Ford was McDonough an&that Singe it was voted Dunster’s name has been scratched andthe name Geo lard inserted. The name Nilon is smoothly written, the name lard is poorly written. Exhibit J is the ballot identified as J. Full Text of the Supreme Court's Recent Decision. Much comment has been excited by the Supreme Court decision in the case of Gale (plaintiff and respondent) ys. Best (defendant and appellant), in which the right of miners have apparently been further curtailed, Appéllant claimed certain lands held by respondent as agricultural under a Central Pacific railroad patent to be mineral, and dn that ground asserts his right to possession of it. The decision, rendered by McFarland and concurred in by his confreres without exception, relates: The rule is well settled by numerous decisions of the Supreme Court of the United States that when a law of Congress provides for the, disposal and patenting of certain public lands upon the ascertainment of certain facts, the proper officers of the Land Department of the General Government have jurisdiction to inquire into-and-determine those facts; that the issuance of a patent is un official declaration that such.facts have been found in favor of he patentee; and that in stich a case the patent is conclusive in a court of law and cannot be attacked collaterally. Of course, if the pateat be void upon its face, or if looking-beyond-the patent for a new law upon which it is based, it is found that there is no law which authorizes such a patent under any state of facts, or, that the particular tract named in the patent has been absolutely reserved from disposal, then the patent would by worthless and as: sailable from any quarter, For instance, if a certain section of a certain township described by legal subdivisions-should -be expressly and unconditionally reserved by Congress from disposal under any statute, a patent for any part of such tract would be. void, But if-a large body of public lands be subjected to sale or other disposal under a law which has merely_ageneral reservation of such parts of those lands as may be found to be of a particular character—such as swamp or mineral—then the Land Department has jurisdiction to determine the character of any part thereof, and a patent is conclusive evidence that such jurisdiction has-been exercised, In such a case the patent could beat tucked only by’ a direct proceeding, and by a person who connects himself directlywith the-title.of-the-Goverr ment, ious in support of these views are cited, ‘reference ine particular~ being made to the case of Smelting Co, vas. Kemp (104 U. S., 686,) and Steel ys: Smelting Co. (106 Id,, 447). The des cision then proceeds: It iscontended by appellants that former decisions of this court, in Mce vs. Quigley (57 Id., 394); and Chicage Q. M. Co, vs, Oliver (16 Pac. Rep. vail), itis not necessary here to consider. In order to affirm-the judgment in the case at baf$ there is no necessity to upset either of those cases. In McLaughlin vs, Powell the patent itself excepted ‘‘all mineral lands, should.any be found to exist in the fracts” embraced by the patent. And the decision is expressly put upon the ground that there was that exception, and thatit was ‘‘part of the description”’ of the lands conveyed. And it may be strongly argued that, in such case, although it wasthe duty of the night we put up the arches at the At 5 o'clock Pp, m. court adjourned till 9:30 o’clock Wednesday morning, when Mr, Nilon will eonclude his ary He will be followed by Mr, Mr. Johnson will be the third speaker and Mr, Cross will close. An Elegant Substitute For oils, salts, pills, and all kinds of bitter, nauseous medicines,,js the very agreeable liquid fruit remedy, Syrup of Recommended by leading PhyManufactured only by the California Fig Syrup Company, San For sale by all lead Carr Bros., Nevada Francisco,Cal. ing driiygists. is Consumption incurable, Read the following. Mr. O.-H. Mog ris, Newark, Ark., says: ‘‘Was down with Abscess of Lungs, and friends and physicians pronounced me an Incurable Consumptiye. King’s New Discovery for Consumption, am now on my third bottle, and able to oversee the work on my farm. Haye seen Mr, Lord write his. name . . Began taking Dr. Jesse Middlewart, Decatur, Ohio, lad it not been for Dr. King’s iscovery for Consumption I would have died of Lung Troubles. Was given up by doctors, at Carr Brothers Drug“aOs}IOd poo “WINJOIIS ‘a an indictment. Mr, Nilon congratuluIq 842 pars Ayuo you “@Olj Po[TVUl ‘sasvasiqy SA YOGA WeyUINIY)] poo Weeq PVY J 203;0 uos}Og ‘s20uln yy KM JO SoTpewar pay[co-o8 dt ‘pos £anou2) Yabeto ae Pav pooig UO syoog 403 puss V Pe we “TTTAOT “OTD “‘etaantt “onmea oaag 8, ao pas Suyjeas—zojySuup Aut Uo podopaap vlujois 'N snouosjod 942 Land Department to determine the character of the land before the issuance of the patent, yet, as the patent shows upon its face that such duty was not performed, the patentee must be held to have taken it knowing its uncertain and unsubstantial character, On the other hand, Judge Sawyer has held, in an opinion of great force and ability, that the issuance of a patent in such a case was a conclusive declaration that the land was of the character to be properly patented under the law ~that is, agricultural land; that there is no authority to make in such a patent a general reservation of mineral lands—any more than there is in case of a pre-emption patent; and Sawyer, U.S. C., 2 Rep., 8th Circuit, 246.) At all events, as in.the case at bar the patent contains no reservation whatever, the case of McLfiughlin vs. Powell is pot authority here. And the same may. be said gl Chicago. Q.-M, o;-veOliver; tthat case thie paterit also excepted ‘ll mineral lands, should any be found to exist,’ ete, Carr vs. Quigley is notin point at all, In that case there was no question about the character ~ of the land patented. It wasclaimed to be within a ‘Government reservation ;”’ and that the body of land itself involved in that case, without reference to its character, was é@xpressly reserved from the operation of the law under which the attempt was made to patent it. Our opinion is that where a patent issues for public land under @ law which provides for its disposal as agricultural land—either to a railroad company or to pre-emption or homestead claimants—and there is no reservation in the law except a general one of mineral lands, and no reservation at all in the patent, then the patent must be considered asa conclusive determination by the Government that the land is agricultural; and afterward, in an action in a court of law, it is not competent to reopen the question of the character of the land. The opposite view would render+ the titles toa large region of California, now filling up with agricultural settlers, unstable, insecure and almost worthless, It would affect, also, those holding through patents under the United States Supreme Court decis:. Laughlin vs. Powell (50 Cal., 64); Carr . 780), are in conflict with the ‘doctrine Hickox was the first witness for the rabove stated, Whether or not there be any expressions in the opinion in tified that in his opinion every ballot either of those cases inconsistent witl in éxhibit except J had Mr. Lord’s writing uponit, and that as to J he Expert Hickox’s testimony was 1eviewed in detail. speaker thought his manner on the witness stand had been such as to inspire the utmost confidence in his honesty and ability. There has been coulroversy as to the system of writing that allows the third up stroke in the letter G, with a tail below the line, coming higher than the e that follows. Another characteristic of Mr. Lord’s writing pointed out by Mr. Hickox is the terminal curve of the George ; another is the rform ; another is the impérfect g; anofher is the contrast in the loops of his L; another is characteristics claimed by Mr. Hickox to exist in the the views of the highest Federal Court outhe subject (which views, in the end, on a question like this must pre” 5 : : : ; been troubled with serofula, my little boy, that such # reservation is, void. (10 three years old, being a@ terrible sufferer, Last spring he was one mass of. sores from . mineral lands are exempted from the provisions of those laws: The theory of that view is that if the land. preyiously patented as agricultural can at any time be shown to be in fact mineral, then the title to it never passed from -the United States, but had-always remained_a part of the public domain ; and, as no statute of limitation runs against the Government, the ‘insecurity of the title under the patent would »be perpetual, and an attack upon it could be made as successfully 100 years hence as now. The view taken of the question presented by the court below was correct, and we see no error in the record. iid es nil tnt St PERSONAL MENTION. Social and Other Notes About People Old and Young. Chas. Prime of San Francisco is in town, Mrs, Fannie Valentine has returned from Graniteville. A. FE, Dambactier of San Francisco arrived here Tuesday morning. John Spaulding arrived here Tuesday morning from Seigler Springs. J.-B. Leakeis-in-town’ on his way from Chicago, Ill., toNorth San Juan. John Guscetti arrived Tuesday from San Francisco on a visit to relatives: John Hamilton and Chas. Mosher have returned from the Red Chief mine. s Henry Lane, who has been sick for several days past, is again able to be around, F. P. Morrow came down Tuesday from Moore’s Flat where he has. been visiting his mother, G. Kelaghan, who has been to the Bay, is in town on his way to his home at Forest City:Superintendent Wm. H. Radford of tha North Bloomfleldmine has returned from a trip to San Francisco, Mrs, J. H. Howell-of North Bloom: field was intown Monday night en route to Plymouth to visit her husband, Mrs, Archie Nivens of Grass Valley has been very sick for the past two weeks, but now she is getting well again, Ben F, Young arrived this week from Ohio and is visiting relations at Grass Valley and this city. He comes to the coast toserve as an umpire for the California Baseball League. ~C. F. hanoand A; M. Austin have Jwonelected—-by-Golden ‘Star ‘Lodge; No, 156, 1, O. 0. F., at Grass Valley, as delegates tO the Grand Lodge, whichis tohold its session in San Francisco, Levi Kendrick leaves next Tuesday for Hildreth, Fresno county, where he will again take charge of the quartz millat Francis & James’ mine. Mr, Kendrick is one of the best millinen any where. Gen. A. M. Dobbie of North Bloomfield was in town Monday evening en routeto San Francisco. Time deals . gently withtheGeneral, and that is because he all of the time in going through life absorbs that which is cheerful and ignores the jags and crags. The Ladies Delighted. The pleasant effect and the perfect safety with which ladies may use the liquid friit laxative, Syrup of Figs, under all conditions make it. their favorite remedy. It is pleasing to the eye and to the taste, gentle, yet effectual in acting on the kidneys, liver and bowels. a] a] A Great variety of the latest per ternsin wall paper just received at Is that Impurity of the blood which produces unsightly lumps or swellings in the neok; legs, or feet; which develops ulcers in the eyes, ears, or Hose, often causing blindness or cerous growths, or “humors; which, fastening upon the lungs, causes consumption and and very few persons are entirely free from it, “rae CURED It Be 1 By taking Hood's Sarsaparilla, which, by the remarkable cures It has accomplished, has proven itself to be a potent and peculiar medicine for this disease, If you suffer from acrofula, try Hood's Sarsaparilia. “Every spring my wife and children have head to feet, “We all took Hood's Sarsaparilla, and all havo been cured of thé scrofula, My little boy is entirely free from sores, and al) W. B, ATHERTON, Passale City, N. J, by ©.1, HOOD & CO., Apothecarios, Lowll, Mase ANNUAL MEETING, MPYHE REGULAR ANNUAL MEETING OF the Stockholdera of the Champion Mining Company will be held-at the otfiee of the Company, No 422 Montgomery street, San Franciseo, California,on ‘Tuesda ’ the Sth day of April, 1889, at the Saturday, April 6th, af 12 o'clock M, THEO. WETZBL, Secretary, Office—No, S22 Montgomery street Ban For Oity Marshal, EREBY ANNOUNCES HIMSELF AS A candidate for the office of City Marpha STOOKHOLDERS’ MEETING, NRARRSRSSMEARROH caucs meeting of the Stockholders of the Nevada County Narrow Gauge Kailroad Company, for the epeuing twelve monshe, and for the transaction of such other business as may roperly come before the m ill be Rein at the office of the Com at the Railroad Depot, Grass Valley, Nevada Co, California, on Wednesday, the 3d ay of April, 1889,-at 8 o'clock P.M. Polls will be opened at 34g v’clock, and closed at. 3:45 pr. M,Transfer books will be osed on the 284-day of March, closed gy order of JOHN F. KIDDER, which causes running sores on the arms, . = for the election of seven Directors, to serve 2 : ep ‘wuery ‘g seasag “oD ounrosag anag =H, pre-emption and homestead laws, for Z President. Gxona® Fietcner, Secretary, miy-td ‘ PS Be pe Take Notice, Purchasers! The market is glutted with worthless preparations for the teeth. Beware ef them. Many corrode and abrade the enamel of the teeth and injure them irreparably. Use sterling SOZODONT and keep the dental row white arl beautiful. Ir you want a fine turn-out go to Henry Lane’s livery and feed stable. f Dyspepsia and Liver Compiaint. Is it not worth the amall price of 75 cents to free yourself of every symptom of these distressing complaints? If you think so call at our store and get a bottle of Shiloh’s Vitalizer. Every bottle ‘has ‘a printed guarantee on it. Use accordingly, and if it does you no good it will cost you nothing. Sold by Carr Brothers. d6-6m Cure rer Sick Headache. If you want a remedy for bilioushess, sallow complexion, pimples on’ he face, and a sure cure for sick headache, ask Carr Bros., the Druggists, for Dr. Gann’s Liver-Pills, Only one for &@ dose. Samples free. Full box 25 cente. my2l-ly Buckien’s arnica Salve. The best Salve inthe world for Outs, Bruises, Sores, Dlcers, Salt Rheum ever So.s, Tetter, Chapped Hands, Chilblains, Corns, and all Skin Eruptions, and positively cures Piles, or no pay required. Itis guaranteed to give perfect satisfuction, or money raunded. rice 25 cents per box, For sale by Ourr Bros, tf Ley BORN. ‘ At Grass Valley, March 18, to the wife of Rober. Deebie, a son. At Grass Valley, Marclr1?, to the wife of A. J. lamert, a son. At Grass Valley, March 18, infant son of Victor Granholm, aged 4 months. POWDER © Absolutely Pure. —__ VS POWDERINEVER VARI(E . ‘ ~-A Marvel of purity, strength an wholesomeness, More economical an ordinary kinds, and cannot be sold in com petition with the multitude of low teat, shor hl alum or phosphate powders, old Only in Cans. ROYAL BAKING POWDER co., 106 Wall street, New York JONSON-LOCKE MERCANTILE Agents, Sam Fre: ‘isce. & = ees pad aie €2@ On Monday next, L. deafness; which is the origin of pimples, can. TY MAN & CO will redeath, Itis the most ancient of all diseases, move their stock of Clothing etc., to their new store-room n the NATIONAL HOTEL BUILDING. E# All those wishing bar. four of my children look bright and healthy,” gains in the Clothing Line meee are invited to call around, as_ Hood's. Sarsaparilla % — Sold by all druggists. #1; six for gs, Prepared only . GOODS WILL BE SOLD AT COST 100 Doses One Doilar . for the remaining few days, hour of 4o’clock p, M., for the purpose of electing a Board of Directors to serve for the epeuing year, and the transaction of : such other business as may come before L Lh othe meeting. Transfer books’ will close on Francisco, California, mis-td San Francisco Opposition Stores, JEROME H. COOK Commercial Street, Nevada Oity, AND she , subject to the will of the people at . Mil) Street -— _> Grass Valley. «