November 5, 1881 (4 pages)

N REVADA CITY, CALIFORNIA: ~~ Saturday, Wor-5, 1881. a aaa Macked Slickens. The Sacramento Bee will be griev; ously diseppointed if the miners do not turn Sheriff Tompkins up and spank him when he attempts to turn off their water, It knows if they do this it will give an opportunity to call out the militia, and the Bee is . gertain that in this latter event there will be a regular war that will ena“able war correspondents—in general, and the Bee's own in particular, a "dhanse-to jusb “throw themselves,” But our fassy contemporary is. doomel toHsappointment,, There is io blood on the bydraulio moon, It is all in the grangers’ eyes. : Suppose that this foreneon Sheriff Tompkins shoald begin ta turn off the water at the head of the various ditches, and that-asfast-as he did so unknown peraons should tome and turn it on again, Suppose that he should telegraph details of this revolutionary’act below, and suppose the iovernor should send up a gang. of the jolly soldier fellows puder command of Col. Sheehan. “Suppose the Co®onel and his army, should visit the various dame seattered all over the apper part of the county end: hire good-natared residents in the. Looulity to efiter the dark aad dangereus tunnels at each one and give the ehatting-off apparatus a whirl—no novice who knew enough to right shoulder shift would be fool enough to rmk his life, for if the turning is ‘mot done just right it is sure death to the operator, And supposing the boys would serve the soldiers the aame way they did the Sheriff, viz: Burn the water back gn again as soon as the coast was olear, And supposing that thirty or forty soldiers ahould then be permanent!y stationed at each one of all those «dams, And supposing that some reckless aud desperate miners, thua foiled from earning “their daily bread, should slip around during a stormy . night, blow up the dams with giant powder, and increase the volume. of water going to the vallays so much that Marysville would be. swept away within the @next twenty-four heurs,. ‘There are a good many things connected with t's subject that the Bee and its gang of judicial eutthroata never thought of. It’s a biglead for a one-horse Superior. Court to attempt to work. Congress oarries aboah the right sized gune (mentally, we mean) to grapp'e with it successfully, : in : Clearly 4 7¢ cat. Jndge Mayhew’s order te Sherlif ‘Tompkins to turn off the hydracdtlic miners’ water is being langhed at by able lawyers all over the State, and the Sheriff will probably be shows that.he will not be justified in obeying it, His duties are plainly laid down by law, and are jn substance “to serve notices, execute processes on property, and arrest and take charge ot persons, as directed by courts; also to perform eny other legal acts regnirea of him. Now it is the tiners and not the minos that are the dofendants.in this slickens case, and if the mipers are guilty ef contempt Mayhew or any other Judge similar. ly sitaated has the power to~order their arrest. Bat he has no right to interfere with their private property. It would be just as reasonable for him to toll Sheriff Tompkins to epike the monitors as to order him td\ shut eff the watet, and -he would probably be obeyed as qiiick.in one instance as the other, If Judge Mayhew ‘wants the minera whom he alleges to be guilty of contempt because they insist upon working to keep starvation from their doora, let him send after thom. He will find the supply ef them inexhaustible. He can fill “all the jails in the granger counties with them, and atill there will be enough left to continue takiug out the gold. Batthe miners have too much senee to recognize his right to trespass.on their private property, and they won't stand auch nansense, + o Wor Baie. arent A Portable ~_—. 7x14. Apply to G, G. Atsan, Nevada Foundry. _ Nevada City, Sept. 7th—tf a. . Qurex will make negatives now for large pictures to be delivered st any time before or during the_ holidays. ae The FH nily Branseript, A Fail Aceount of tire Grangeer’ TO THS Hii, Lutest Move. [Marysville Appeal, Nov. 8d.] Judge Mayhew is Judge of the Superior Court of Tehama county, and he presided in the Saperior Court bere yesterday, by request of . Judge Keyser, to hear o niotion ia the case of The City of Marysville ys. the North Bloomfield’ Gravel Mining Company et al, ‘The plaintiff was represented by Georga Cad— walader and “Judge Craddock. Phere was no appearance for defendanta, In moving the Court to grant the order given below, Mr. Cadwalader produced aud read affidevita by C. E. Sexey, B L. Nash, RO. McMillan, ayd. Mayor—Stone. In brief, the affidavits set forth that certain kydraulio mining companies nhmed below have violated the injunetion issued in the aboye-entitlhd canse, and that hy reason of suo violation and the lawless attitide of said “defendants the situatidn of plaintiff is one. of constantly increasing peril, calling for immediate relief. The following affidavit of Mayor Stone exhibits the main points on which the motion of plaintiffs attormeys were made: -_ AVFLDAVIT OF THE MAYOR. C. E. Stone,being first duly sworn, deposes and says, that he is the daly elected, qualified and acting Mayor of the City of Marysvilie, of which place he has been an actual resident for over sixtecn years, and he farther saya that he has: devoted much time and attention to thejexamination and study of what is called the debris question, especially in connection with the city of Marysvilleand the Yuba river. Affiant further says that the general observance duriag the past Summer of the injunction issued in the above efititied cause by the enjoined hydvfnlic. mining companies on the Yuba river materia:ly improved the quality of the-water in said river and the conditiow vf the siid ity, . and if the observance of such.injanction had been continned to this time Subscribed and sworn te before tas this 2d day of November, 1831. N, D, Porat, Notary Public. . After the affidavits bad been read and filed, the Court: granted plaiiquiring certain defendants to appear in the Superior Court of this city on the 25th instant and show cause why they should not be punished for contémpt, The ordera also command the Sheriff of Nevada county to forthwith proceed to the mines of said defendants and vlose them down, and keep them olesed until fucther orders from the said Court. Tho defendants against which these ordera were ispued are the North Bloomfield Mining Company, Eureka Lake and Yuba Canal Co., Boston Mining Co., Milton Mining Co. and China Mining Co., all operating in Nevada county. The following is a copy of the order made in respect to the Boston Mining Co., which does not differ materially from the ‘orders res, cting the. others named. above: THE ORDER OF COURT, . Gity of Marysville, plaintiff, ve. North Bloomfield Gravel Mining Co, et al., detendants. 2 Lt appearing to the Court from the affiavit of ©. E, Stone and the return. of the Sheriff. of Nevada-county, both of which papers dre on file, that the defendant. herein stvled. .the Boston Mining Company, a hydraul‘io miniug company doing bus ness at ov near a place called Wolsey’s or Moore’s Flat in Nevada county, by the order and write of injunction of the Seventh Judica! District in and for the county of Yuba, made and issued in said action, was enjoined and restrained from deposit— ing.in and suffering to flow into the channel of the Yuba river, the North South and Middle Yuba rivers, or into the tributary streams or guiches that lead or flow thereinto, any of the tailings irom its bydraulictmines, commonly called mining debris, which said injunction has ever .since been and still ig in force and effeat, aud that aaid+rdvtendant in cdntemptuous disregatd of said writ of injunction and after due service, and throughout the Winter, in the opinion of athiant, the water of said; atream would cut, scour and carry . awny enough of the’sand and sedi-. montin the chaunel of the Yuba river abreast of said city, and would have so deepene'l said channel, ss to practically avert all danger of over-" How to said city from said source. Affiant‘farclier says that there cannot be furvher deposits of tailings thereof upon it has continuously and ever since the toth day of October, JsSl, been running and suffering the tailings or wining deris from its said intning claims at the place aforesaid to flow into the channel of the. Middle Yuba river, and that said defendant intends and declares its intentioa to contivua its said mining operations in the manner aforesaid in gross disregard of said injunction Now therefore it is ordered that from bydraulie mxes in the: Yuba river or ita branches or tributaries to said city from overflow by the waters thereof as soon as tha storms of Winter come, and without a loss to such waters of the'r power to cut and scour ont and carry away the sind and sedimentary matter in the ‘Yuba river abreast of said city, and affiant further says thatin the past month of October such of ithe dotendants in this action as the North Bloomfield Gravel Mining Company, the Milton Water and Mining Company, the Boston Mining Company, and the China Mining’ Company, in wanton and contemptuous disregard of the injuaction tssued herein, commenced operating their said mines and commenced’ discharging tha tailings therefrom into the North, South and Middle Ynba rivers at the rate of about 50,0. jeubie yards per day, and ever since have beer continuing said operations, and .each ofsaid detemdants iatende and publily déclares its intention nod to respect the injupction issued in said caure but to violate the same regartloss of the damage done to plaintiff therehy and of ail other consequences,” And affiant is informed and believes that cach of said defendants has agreed to adopt the ‘‘paseive policy” of resistance to said injunotion and to the orders of this Court in support thereof, that is to say, they will continnously operate their said mines aud steadily continue the flow ef their tailings into the said river channels, and will make’ no resistance to’ orders fiom this Court arresting the partics engayed in the violation of said injunction, but will soffer their enpleyees to be taken off by the arresting officers, whose places will bo forthwith supphed by other hired men, aad so the due execution of the law inthis case will be bafilad by such unlawful expedients, and as they eclsim,. eventually defeated: That in view of all this and of the irrepsrahle damage which will result to the plaintiff ffom the contiuoed violation of said injunction by said defendants, and of the Vexatious delays sare to ocour in securing dae service of the rule herein upon auid defeudants to show canse for a violation of said injunction, it is necessary that the order of the Court. should compel cbedietece to aaid injunction by forthwith causing said defondants’ mines to be olosed down and the watejs thereof shut off pending the hearing of the rule asked for ai this time. Affiant further says that the condition of the water in that part of the Yuba river aWreast of this city is simply intolerable, said water be. fore the Cunrt at the coart house in without great and immediate danger pee: of Marjaville on the 25th day ing totally unfit for any purpose, owthe said defenaant show cause beof November, 1881, at the hour of 10} A. M, why it should not be punished for acontempt for its refusal to obey and its aforesaid violation of the said injunction order of this Court. And it is fuscher ordered that a service of # copy'of this order'and of said affidavis five days before the return day thereof upon. either the Presidents, the Seerstary, Superintendent or Manaying Agent of said defendant shall be a sufficient service of the order. j ; Au. it further appearing. from said affidavit that during the delay. incident to the hearing of thia rule that the defendant will .continue ‘to violate said injunetion by depositing in and suffering to flow into the channels of the Middle Yuba or-into the galches tributary thereto all the tailings fromits said mining claim and the same will produce great aud irreparable damage to plaintiff. Now the Court by virtue of its power vested in it orders and directs the Sheriff of Nevada eounty to forthwith proceed to the mining ‘olaim of the defendant aforesaid and there and tien cloae down and shut off the wster therefrom and keep the same closed dowa ‘and the water thereof shat off, te the end that the tailings of said mines shall not be suffering to flow in or get into the ebannel of the aforesaid Middle Yuba river—until the further order of this Court, (Signed), S H. A, Mayxow, Indge Superior Court, The order sgainst the Eureka Lake and Yuba Canal Co. contains this prevision: ‘Ih case the said R. McMurray, Managing Agont cof said defendant, cannot be fund, sufficient service of thie order shall consist in posting a copy of the same in e conspicuons place-on said mine five days before the time appointed for the hearing aforesaid, and serving acopy thereof, and of said affidavit of C, EB, Sexey on the attorneys appearing for said defendant.” «This the. injanction issued against the Eureka Lake and Yaba Canal Cormpany, 9 foreign corporation af which he is the sole reapgnsible representative in the State. /No More Dyspepsia ~ or Indigestion ! ~ Dr. Henly’s celebrated’ I X L Bitters are the best Bitters in use. They‘ing to the heavy surcharge with the sands and sedimentary matter from ‘the hydraulic mines aforesaid. : ©, BE, Srons, r never fail to giverelief, Read physicians’ certificates on the back of tiff's motion, and signed erders—re-}— clause was inserted because of the} Rhy they shonid ‘nod de punished? Showing made that said MoMurray has hitherto evaded the, service of . . @ DIED le fn Nevada Ulty, November 4th, 1881, G. W. Tyicr, aged about 44 years. {a RB AAA BAA EEE ESS HAT SPLENDID FARM belonging to A the =< i : : Excelsior Water and Mining Co., And known a3 the BONANZA RANCH, containing 1,70@ acres, in Yuba county, miles west trom Smartsville, on the stage ‘YYoad to Marysville, will be leased to a good tenant for a term of years, with privilege of purchase. 400 acre® are inj ALFAFA AND. CLOVER, Ard. more can be put In. Teady for irrigation and: water #bundant, FINE VISEVARDAND ORCHARDJAMES O BRIE, Agsistant Superintendent, Smartaville, Or to’ L. CU. McAFEE? Secretary, San Fran328 Montgomery Street, Room -6, : : n elseo, California. AUCTION: SALE! GUILD'S AUCTION ROOMS, On Seturday, Rovember §, 1881, At 2 o'clock, P. M. HE STOCK EMPRECES THE ENTIRE HOUSEHOLD FURNITUBE at the GLENBHOOK PARK, And will be removed to Gullé’s Auction Rooms for conveniencs of sale, 16 consists of Bedsteads, Mattresses, Pillows, Stoves, Crotkery, Glassware, etc. (To be seen ab Wellington's Stable) WHi be Sold to the Highest Ridder Withoent Reserve. FRANK GUILD, Auctioneer. 38el! FALL OPENING —OF— MRS, M. A. STERLING'S . Bry Goods and BMiliinery Store, @OMMERCIAL STREET, NEVADA CITY. DBESS AND FANCY Goods, Of the LATEST STYLES have just been roceevéved from San Franvisco. Whe Millinery Department Is complete, and comprizes the Latest Neveloies in iinis,Feathers, Flowers, Ribbons, ’ Yeiveis, etc, * A cordial Invibition is extended to all to cali and examine the new guods, and satisfaction ia gt. rantess both as to price and quality. : Thankfal toa genervus public for their patronage im the past, Debatl endéavor by attention fo business snd politeness te euwstomers to mevit a continuance of the sama 030-1m MRS. M. A. STERLING, © Auction Sale of Thoroughbreds. WILL OFFER FOR SALE AT PUBLIC APAUCTION, in front of Mille’ Stable, Pine Steeet, Nevada City, onSaturday, November 12, 1881, Ai? o'clock, P. M., TWO THOROUGHBRED JERSEY BULLS One 3 years old tock the Premium for the be8$ S«yeaz-olds, at the late Californi State Fair. imported Cow.) One i months old Calf, guarantecd Pure Imperted Bicek, ot R. NOELL, Proprietor, Grass Valley. THOMAS, WALAATH & HIGKS, Bro -4/St, Adjotuing Gaalt’s Bakery, “< WEVADA) Crry, Dealers in Groceries, Provisions, Etc. ] ® warrant every article sold by us to be as represented, end veil at the Lowest Living Rates. o86-td ’ Luetje and Brand, bottle. Seld everywhere, td Ditches ere-alt } Sites. Impiovements are very—complete: ¢ For iurther particulars and terms apply . to . , ALSO TWO WORK KIULES, A VERY. LARGE AND CHOICE STOCK . (Sired by an Imported Bull and damed by an” WATCHMAKERS— F. L. Harryhonsen & Oo. is this day dissolved by mutual consent. F. L. Harryhousen and te pay all debts, and collect all bills due the JEWELERS, . , Witness our hands this 11th sgh ies bet; A. D, 1881. é : va Made ad Mey g ee 2 ’ t Rubher Clothing, & Being extensieely Ji is our e ory BRANOEH FALL AND WINTER GOODS. @ ad HYMAN BROTH ~ _Have-just received a full assortment of MEN'S, YOUTHS’: BOYS CLOTHING. Furnishing Goods, == Hats, Caps, Boots, Ladies’ WHOLESALE MANUFACTURING & IMPORTING BUSINEss, ca ERS Trunks, Satohels, Valises, : F , ! Shoes, Oil Goods, Ets,,. Suitable for Fall and Winter Traile, ees \ engaged in the pu rpoze To give to the péople the benefit of QUR SITUATION IN TRADE, Call‘and See us Before Purchasing. HOUSHS: } No. 7 Murray Street, New York. ‘ ‘Honolulu, Sandwich Isjands.No, 216 and 218 California Strect, Sai Francisco. Cor. Broad and Pino sts., Nevada City. [HYMAN BROTHERS. BAY STATE MARKET . NEVADACITY,. sek-siotene ants JAMES COLLEY, Prop'r, 7, : Having purchased the good Be Willand fiaturee of the Bay Giate Market, Tam prepared to mipnly the people of Nevada. City and vicinity. with. chooe . Beef, Pork, Mutton, Veal, Sausages, etc., At aa low rates ams can be putchased any~ "where In Nevada County. . tancetree of charge. Ifyou wants nice roast, steak, eutlet or chop, give me a tall. Thoge of my old patrons who are indebted tome for meats purchased at the Broad Street Market, arerequested to settle their sooounts by the Ist of Jannary, 1881, wibhout fail, as the businemiinmust be closed by that time, SAMES COLLEY. Nevade Cliy, Nov. 30, 1880. ~ . WE, B. COE, yAT THE OLD STAND, CORVER OOM: MERCIAL AND MAIN STREETS Nevada City, HAS JUST RACRIVED A Large Stock of Roots, Shoes & Gaiters ce } hands; the property holders of the county are hereby notified that the taxes on the’ j wane are now due, and the law for the vol Moats delivered within & reasonable disGents’ Fine Boots and Shoes, Tadics and Misses’ Fine Kid, Pebble @bat, S@paight Kid, Goat and Calf Balmoral, Sand Si rs) and Buckskins. Also alarge assortment. of Chitdren’s.and Misges’ Schoo] Shoes, Boys and Gents’ Kip and Calf Boots. Arctics and Overshoes for young and old. Ihave reduced my prices of Goods but not the Quality. Thanking my old friends and patrons for past favors . hope to merit a continuance of the seme, § W. R. COE, Wotice of Dissolution of Partner! ship; otice is hereby giv y it may Het Ap the <a esetofore exicting betweén F. L. Harryhousen and H. D. Parr, under the name of NOTICE. . TO TAXPAYERS. HE ASSESSMENT ROLL for the year _ 1881, for the County of Nevada, having been ‘completed and delivered ‘ots «my ction of Taxes will be strictly en!orced. The taxes become delinquent on the last Monday in Detember, and if net paid prior to thatdate, five per cent and other costa will be added. : Notice is further given that for the pur pose of receiving taxes, 1 shall he in the sereral Townships at the placesand tines satted viz: ; At Washington, Buisman’s Hotei, Saturday, November 16th. : At. Moore's Fiat, Mrs, Morrow's Hotel, Tuesday, November 22d. _ At North Blcomdeld, Edwards’ Wednesday, Novernber 280. a At North San Juan, Blouk & Furth’s ateore,—oThursday, Noversber 84th. At Rough and Ready, i Saturday, November eth, : ; -At You Bet, P, Drunzer’s Hotel, Monday, Norembet 28th. ‘ At Truckee, Burckhaltar’s Store, Wednesday, November 30th, : At Grags Valley, A. B. Brady's ofice, Monday, Tuesday and Wednesday, December 6th, 6th and 7th, : Ps At Nevada City\Tr=.surer's office, from December Sth until December S6ch, at 4 o'clock, P.M. Silver tothe amount of Fire Dollars only taken on ohe Assesament : G. von SCHMITTBURG, ni County Coliector. a DR. S. M. HARRIS, (Of Grass Valley.) _ DENTIST. In Nevada City, Mondays, Wednesdays and Fridays. Office in Brown & Morgan's Block. = Cor) Broad and Pine Sts., up stair® Hotel, 4chroeder’s Hotel, Nevada City. For Sale Cheap ! Mine. One of the bast paying Grave ms for its sizein the County, ‘The prop: erty is situated in one of the-best mining : cea of _the State, le in rogue pone ng order, an operated y ove year. Good reasons given for selling: A ply at Daily Transcript Office, Nevatm » ° Onan interest In a Hy@rau Cla} et \ " F. L, HARRYHOUSEN, . ; B. D. PARR, 4 8 Pre to heavy and light IU asi fo aay part of Se cay i paige e and promptly attended to, and satictactio® guaranteed. : ry Varieus Has yt = Ob low afte Snow paired fr Ti the as great T. grind, th submerg Poatm , poatal < ia vile, aI el to de matter. Pat K hadtog ance tha > transfor Keenad, hura, P th, to ti Hora 4h ' person k who bea soul dot good kin paid the where Phe r . yeaterd: mate C} acrosa t Ruglebr ert’ Bh tached . said th while er of the d zens mu They fo pata n art. in 6) pocket’ ky bott other re were & ( and a jt busines: A sui ted Stat cls00 by wankea Brewin; sisting . Hese Jr Vromar \ im this based. o: oa “he who are Falk's } who as} etier in of such them, t the Co damage Here: Ments a manzge ten ao the hoa tobacco gallery, for the . 18a mil suficier the nnis to refer be fag Jame ip Wi S Of Schoc Lead, Taared: azed al Barn a Ala dating is for py “Rent § wee :

N REVADA CITY, CALIFORNIA: ~~ Saturday, Wor-5, 1881. a aaa Macked Slickens. The Sacramento Bee will be griev; ously diseppointed if the miners do not turn Sheriff Tompkins up and spank him when he attempts to turn off their water, It knows if they do this it will give an opportunity to call out the militia, and the Bee is . gertain that in this latter event there will be a regular war that will ena“able war correspondents—in general, and the Bee's own in particular, a "dhanse-to jusb “throw themselves,” But our fassy contemporary is. doomel toHsappointment,, There is io blood on the bydraulio moon, It is all in the grangers’ eyes. : Suppose that this foreneon Sheriff Tompkins shoald begin ta turn off the water at the head of the various ditches, and that-asfast-as he did so unknown peraons should tome and turn it on again, Suppose that he should telegraph details of this revolutionary’act below, and suppose the iovernor should send up a gang. of the jolly soldier fellows puder command of Col. Sheehan. “Suppose the Co®onel and his army, should visit the various dame seattered all over the apper part of the county end: hire good-natared residents in the. Looulity to efiter the dark aad dangereus tunnels at each one and give the ehatting-off apparatus a whirl—no novice who knew enough to right shoulder shift would be fool enough to rmk his life, for if the turning is ‘mot done just right it is sure death to the operator, And supposing the boys would serve the soldiers the aame way they did the Sheriff, viz: Burn the water back gn again as soon as the coast was olear, And supposing that thirty or forty soldiers ahould then be permanent!y stationed at each one of all those «dams, And supposing that some reckless aud desperate miners, thua foiled from earning “their daily bread, should slip around during a stormy . night, blow up the dams with giant powder, and increase the volume. of water going to the vallays so much that Marysville would be. swept away within the @next twenty-four heurs,. ‘There are a good many things connected with t's subject that the Bee and its gang of judicial eutthroata never thought of. It’s a biglead for a one-horse Superior. Court to attempt to work. Congress oarries aboah the right sized gune (mentally, we mean) to grapp'e with it successfully, : in : Clearly 4 7¢ cat. Jndge Mayhew’s order te Sherlif ‘Tompkins to turn off the hydracdtlic miners’ water is being langhed at by able lawyers all over the State, and the Sheriff will probably be shows that.he will not be justified in obeying it, His duties are plainly laid down by law, and are jn substance “to serve notices, execute processes on property, and arrest and take charge ot persons, as directed by courts; also to perform eny other legal acts regnirea of him. Now it is the tiners and not the minos that are the dofendants.in this slickens case, and if the mipers are guilty ef contempt Mayhew or any other Judge similar. ly sitaated has the power to~order their arrest. Bat he has no right to interfere with their private property. It would be just as reasonable for him to toll Sheriff Tompkins to epike the monitors as to order him td\ shut eff the watet, and -he would probably be obeyed as qiiick.in one instance as the other, If Judge Mayhew ‘wants the minera whom he alleges to be guilty of contempt because they insist upon working to keep starvation from their doora, let him send after thom. He will find the supply ef them inexhaustible. He can fill “all the jails in the granger counties with them, and atill there will be enough left to continue takiug out the gold. Batthe miners have too much senee to recognize his right to trespass.on their private property, and they won't stand auch nansense, + o Wor Baie. arent A Portable ~_—. 7x14. Apply to G, G. Atsan, Nevada Foundry. _ Nevada City, Sept. 7th—tf a. . Qurex will make negatives now for large pictures to be delivered st any time before or during the_ holidays. ae The FH nily Branseript, A Fail Aceount of tire Grangeer’ TO THS Hii, Lutest Move. [Marysville Appeal, Nov. 8d.] Judge Mayhew is Judge of the Superior Court of Tehama county, and he presided in the Saperior Court bere yesterday, by request of . Judge Keyser, to hear o niotion ia the case of The City of Marysville ys. the North Bloomfield’ Gravel Mining Company et al, ‘The plaintiff was represented by Georga Cad— walader and “Judge Craddock. Phere was no appearance for defendanta, In moving the Court to grant the order given below, Mr. Cadwalader produced aud read affidevita by C. E. Sexey, B L. Nash, RO. McMillan, ayd. Mayor—Stone. In brief, the affidavits set forth that certain kydraulio mining companies nhmed below have violated the injunetion issued in the aboye-entitlhd canse, and that hy reason of suo violation and the lawless attitide of said “defendants the situatidn of plaintiff is one. of constantly increasing peril, calling for immediate relief. The following affidavit of Mayor Stone exhibits the main points on which the motion of plaintiffs attormeys were made: -_ AVFLDAVIT OF THE MAYOR. C. E. Stone,being first duly sworn, deposes and says, that he is the daly elected, qualified and acting Mayor of the City of Marysvilie, of which place he has been an actual resident for over sixtecn years, and he farther saya that he has: devoted much time and attention to thejexamination and study of what is called the debris question, especially in connection with the city of Marysvilleand the Yuba river. Affiant further says that the general observance duriag the past Summer of the injunction issued in the above efititied cause by the enjoined hydvfnlic. mining companies on the Yuba river materia:ly improved the quality of the-water in said river and the conditiow vf the siid ity, . and if the observance of such.injanction had been continned to this time Subscribed and sworn te before tas this 2d day of November, 1831. N, D, Porat, Notary Public. . After the affidavits bad been read and filed, the Court: granted plaiiquiring certain defendants to appear in the Superior Court of this city on the 25th instant and show cause why they should not be punished for contémpt, The ordera also command the Sheriff of Nevada county to forthwith proceed to the mines of said defendants and vlose them down, and keep them olesed until fucther orders from the said Court. Tho defendants against which these ordera were ispued are the North Bloomfield Mining Company, Eureka Lake and Yuba Canal Co., Boston Mining Co., Milton Mining Co. and China Mining Co., all operating in Nevada county. The following is a copy of the order made in respect to the Boston Mining Co., which does not differ materially from the ‘orders res, cting the. others named. above: THE ORDER OF COURT, . Gity of Marysville, plaintiff, ve. North Bloomfield Gravel Mining Co, et al., detendants. 2 Lt appearing to the Court from the affiavit of ©. E, Stone and the return. of the Sheriff. of Nevada-county, both of which papers dre on file, that the defendant. herein stvled. .the Boston Mining Company, a hydraul‘io miniug company doing bus ness at ov near a place called Wolsey’s or Moore’s Flat in Nevada county, by the order and write of injunction of the Seventh Judica! District in and for the county of Yuba, made and issued in said action, was enjoined and restrained from deposit— ing.in and suffering to flow into the channel of the Yuba river, the North South and Middle Yuba rivers, or into the tributary streams or guiches that lead or flow thereinto, any of the tailings irom its bydraulictmines, commonly called mining debris, which said injunction has ever .since been and still ig in force and effeat, aud that aaid+rdvtendant in cdntemptuous disregatd of said writ of injunction and after due service, and throughout the Winter, in the opinion of athiant, the water of said; atream would cut, scour and carry . awny enough of the’sand and sedi-. montin the chaunel of the Yuba river abreast of said city, and would have so deepene'l said channel, ss to practically avert all danger of over-" How to said city from said source. Affiant‘farclier says that there cannot be furvher deposits of tailings thereof upon it has continuously and ever since the toth day of October, JsSl, been running and suffering the tailings or wining deris from its said intning claims at the place aforesaid to flow into the channel of the. Middle Yuba river, and that said defendant intends and declares its intentioa to contivua its said mining operations in the manner aforesaid in gross disregard of said injunction Now therefore it is ordered that from bydraulie mxes in the: Yuba river or ita branches or tributaries to said city from overflow by the waters thereof as soon as tha storms of Winter come, and without a loss to such waters of the'r power to cut and scour ont and carry away the sind and sedimentary matter in the ‘Yuba river abreast of said city, and affiant further says thatin the past month of October such of ithe dotendants in this action as the North Bloomfield Gravel Mining Company, the Milton Water and Mining Company, the Boston Mining Company, and the China Mining’ Company, in wanton and contemptuous disregard of the injuaction tssued herein, commenced operating their said mines and commenced’ discharging tha tailings therefrom into the North, South and Middle Ynba rivers at the rate of about 50,0. jeubie yards per day, and ever since have beer continuing said operations, and .each ofsaid detemdants iatende and publily déclares its intention nod to respect the injupction issued in said caure but to violate the same regartloss of the damage done to plaintiff therehy and of ail other consequences,” And affiant is informed and believes that cach of said defendants has agreed to adopt the ‘‘paseive policy” of resistance to said injunotion and to the orders of this Court in support thereof, that is to say, they will continnously operate their said mines aud steadily continue the flow ef their tailings into the said river channels, and will make’ no resistance to’ orders fiom this Court arresting the partics engayed in the violation of said injunction, but will soffer their enpleyees to be taken off by the arresting officers, whose places will bo forthwith supphed by other hired men, aad so the due execution of the law inthis case will be bafilad by such unlawful expedients, and as they eclsim,. eventually defeated: That in view of all this and of the irrepsrahle damage which will result to the plaintiff ffom the contiuoed violation of said injunction by said defendants, and of the Vexatious delays sare to ocour in securing dae service of the rule herein upon auid defeudants to show canse for a violation of said injunction, it is necessary that the order of the Court. should compel cbedietece to aaid injunction by forthwith causing said defondants’ mines to be olosed down and the watejs thereof shut off pending the hearing of the rule asked for ai this time. Affiant further says that the condition of the water in that part of the Yuba river aWreast of this city is simply intolerable, said water be. fore the Cunrt at the coart house in without great and immediate danger pee: of Marjaville on the 25th day ing totally unfit for any purpose, owthe said defenaant show cause beof November, 1881, at the hour of 10} A. M, why it should not be punished for acontempt for its refusal to obey and its aforesaid violation of the said injunction order of this Court. And it is fuscher ordered that a service of # copy'of this order'and of said affidavis five days before the return day thereof upon. either the Presidents, the Seerstary, Superintendent or Manaying Agent of said defendant shall be a sufficient service of the order. j ; Au. it further appearing. from said affidavit that during the delay. incident to the hearing of thia rule that the defendant will .continue ‘to violate said injunetion by depositing in and suffering to flow into the channels of the Middle Yuba or-into the galches tributary thereto all the tailings fromits said mining claim and the same will produce great aud irreparable damage to plaintiff. Now the Court by virtue of its power vested in it orders and directs the Sheriff of Nevada eounty to forthwith proceed to the mining ‘olaim of the defendant aforesaid and there and tien cloae down and shut off the wster therefrom and keep the same closed dowa ‘and the water thereof shat off, te the end that the tailings of said mines shall not be suffering to flow in or get into the ebannel of the aforesaid Middle Yuba river—until the further order of this Court, (Signed), S H. A, Mayxow, Indge Superior Court, The order sgainst the Eureka Lake and Yuba Canal Co. contains this prevision: ‘Ih case the said R. McMurray, Managing Agont cof said defendant, cannot be fund, sufficient service of thie order shall consist in posting a copy of the same in e conspicuons place-on said mine five days before the time appointed for the hearing aforesaid, and serving acopy thereof, and of said affidavit of C, EB, Sexey on the attorneys appearing for said defendant.” «This the. injanction issued against the Eureka Lake and Yaba Canal Cormpany, 9 foreign corporation af which he is the sole reapgnsible representative in the State. /No More Dyspepsia ~ or Indigestion ! ~ Dr. Henly’s celebrated’ I X L Bitters are the best Bitters in use. They‘ing to the heavy surcharge with the sands and sedimentary matter from ‘the hydraulic mines aforesaid. : ©, BE, Srons, r never fail to giverelief, Read physicians’ certificates on the back of tiff's motion, and signed erders—re-}— clause was inserted because of the} Rhy they shonid ‘nod de punished? Showing made that said MoMurray

has hitherto evaded the, service of . . @ DIED le fn Nevada Ulty, November 4th, 1881, G. W. Tyicr, aged about 44 years. {a RB AAA BAA EEE ESS HAT SPLENDID FARM belonging to A the =< i : : Excelsior Water and Mining Co., And known a3 the BONANZA RANCH, containing 1,70@ acres, in Yuba county, miles west trom Smartsville, on the stage ‘YYoad to Marysville, will be leased to a good tenant for a term of years, with privilege of purchase. 400 acre® are inj ALFAFA AND. CLOVER, Ard. more can be put In. Teady for irrigation and: water #bundant, FINE VISEVARDAND ORCHARDJAMES O BRIE, Agsistant Superintendent, Smartaville, Or to’ L. CU. McAFEE? Secretary, San Fran328 Montgomery Street, Room -6, : : n elseo, California. AUCTION: SALE! GUILD'S AUCTION ROOMS, On Seturday, Rovember §, 1881, At 2 o'clock, P. M. HE STOCK EMPRECES THE ENTIRE HOUSEHOLD FURNITUBE at the GLENBHOOK PARK, And will be removed to Gullé’s Auction Rooms for conveniencs of sale, 16 consists of Bedsteads, Mattresses, Pillows, Stoves, Crotkery, Glassware, etc. (To be seen ab Wellington's Stable) WHi be Sold to the Highest Ridder Withoent Reserve. FRANK GUILD, Auctioneer. 38el! FALL OPENING —OF— MRS, M. A. STERLING'S . Bry Goods and BMiliinery Store, @OMMERCIAL STREET, NEVADA CITY. DBESS AND FANCY Goods, Of the LATEST STYLES have just been roceevéved from San Franvisco. Whe Millinery Department Is complete, and comprizes the Latest Neveloies in iinis,Feathers, Flowers, Ribbons, ’ Yeiveis, etc, * A cordial Invibition is extended to all to cali and examine the new guods, and satisfaction ia gt. rantess both as to price and quality. : Thankfal toa genervus public for their patronage im the past, Debatl endéavor by attention fo business snd politeness te euwstomers to mevit a continuance of the sama 030-1m MRS. M. A. STERLING, © Auction Sale of Thoroughbreds. WILL OFFER FOR SALE AT PUBLIC APAUCTION, in front of Mille’ Stable, Pine Steeet, Nevada City, onSaturday, November 12, 1881, Ai? o'clock, P. M., TWO THOROUGHBRED JERSEY BULLS One 3 years old tock the Premium for the be8$ S«yeaz-olds, at the late Californi State Fair. imported Cow.) One i months old Calf, guarantecd Pure Imperted Bicek, ot R. NOELL, Proprietor, Grass Valley. THOMAS, WALAATH & HIGKS, Bro -4/St, Adjotuing Gaalt’s Bakery, “< WEVADA) Crry, Dealers in Groceries, Provisions, Etc. ] ® warrant every article sold by us to be as represented, end veil at the Lowest Living Rates. o86-td ’ Luetje and Brand, bottle. Seld everywhere, td Ditches ere-alt } Sites. Impiovements are very—complete: ¢ For iurther particulars and terms apply . to . , ALSO TWO WORK KIULES, A VERY. LARGE AND CHOICE STOCK . (Sired by an Imported Bull and damed by an” WATCHMAKERS— F. L. Harryhonsen & Oo. is this day dissolved by mutual consent. F. L. Harryhousen and te pay all debts, and collect all bills due the JEWELERS, . , Witness our hands this 11th sgh ies bet; A. D, 1881. é : va Made ad Mey g ee 2 ’ t Rubher Clothing, & Being extensieely Ji is our e ory BRANOEH FALL AND WINTER GOODS. @ ad HYMAN BROTH ~ _Have-just received a full assortment of MEN'S, YOUTHS’: BOYS CLOTHING. Furnishing Goods, == Hats, Caps, Boots, Ladies’ WHOLESALE MANUFACTURING & IMPORTING BUSINEss, ca ERS Trunks, Satohels, Valises, : F , ! Shoes, Oil Goods, Ets,,. Suitable for Fall and Winter Traile, ees \ engaged in the pu rpoze To give to the péople the benefit of QUR SITUATION IN TRADE, Call‘and See us Before Purchasing.. HOUSHS: } No. 7 Murray Street, New York. ‘ ‘Honolulu, Sandwich Isjands.No, 216 and 218 California Strect, Sai Francisco. Cor. Broad and Pino sts., Nevada City. [HYMAN BROTHERS. BAY STATE MARKET . NEVADACITY,. sek-siotene ants JAMES COLLEY, Prop'r, 7, : Having purchased the good Be Willand fiaturee of the Bay Giate Market, Tam prepared to mipnly the people of Nevada. City and vicinity. with. chooe . Beef, Pork, Mutton, Veal, Sausages, etc., At aa low rates ams can be putchased any~ "where In Nevada County. . tancetree of charge. Ifyou wants nice roast, steak, eutlet or chop, give me a tall. Thoge of my old patrons who are indebted tome for meats purchased at the Broad Street Market, arerequested to settle their sooounts by the Ist of Jannary, 1881, wibhout fail, as the businemiinmust be closed by that time, SAMES COLLEY. Nevade Cliy, Nov. 30, 1880. ~ . WE, B. COE, yAT THE OLD STAND, CORVER OOM: MERCIAL AND MAIN STREETS Nevada City, HAS JUST RACRIVED A Large Stock of Roots, Shoes & Gaiters ce } hands; the property holders of the county are hereby notified that the taxes on the’ j wane are now due, and the law for the vol Moats delivered within & reasonable disGents’ Fine Boots and Shoes, Tadics and Misses’ Fine Kid, Pebble @bat, S@paight Kid, Goat and Calf Balmoral, Sand Si rs) and Buckskins. Also alarge assortment. of Chitdren’s.and Misges’ Schoo] Shoes, Boys and Gents’ Kip and Calf Boots. Arctics and Overshoes for young and old. Ihave reduced my prices of Goods but not the Quality. Thanking my old friends and patrons for past favors . hope to merit a continuance of the seme, § W. R. COE, Wotice of Dissolution of Partner! ship; otice is hereby giv y it may Het Ap the <a esetofore exicting betweén F. L. Harryhousen and H. D. Parr, under the name of NOTICE. . TO TAXPAYERS. HE ASSESSMENT ROLL for the year _ 1881, for the County of Nevada, having been ‘completed and delivered ‘ots «my ction of Taxes will be strictly en!orced. The taxes become delinquent on the last Monday in Detember, and if net paid prior to thatdate, five per cent and other costa will be added. : Notice is further given that for the pur pose of receiving taxes, 1 shall he in the sereral Townships at the placesand tines satted viz: ; At Washington, Buisman’s Hotei, Saturday, November 16th. : At. Moore's Fiat, Mrs, Morrow's Hotel, Tuesday, November 22d. _ At North Blcomdeld, Edwards’ Wednesday, Novernber 280. a At North San Juan, Blouk & Furth’s ateore,—oThursday, Noversber 84th. At Rough and Ready, i Saturday, November eth, : ; -At You Bet, P, Drunzer’s Hotel, Monday, Norembet 28th. ‘ At Truckee, Burckhaltar’s Store, Wednesday, November 30th, : At Grags Valley, A. B. Brady's ofice, Monday, Tuesday and Wednesday, December 6th, 6th and 7th, : Ps At Nevada City\Tr=.surer's office, from December Sth until December S6ch, at 4 o'clock, P.M. Silver tothe amount of Fire Dollars only taken on ohe Assesament : G. von SCHMITTBURG, ni County Coliector. a DR. S. M. HARRIS, (Of Grass Valley.) _ DENTIST. In Nevada City, Mondays, Wednesdays and Fridays. Office in Brown & Morgan's Block. = Cor) Broad and Pine Sts., up stair® Hotel, 4chroeder’s Hotel, Nevada City. For Sale Cheap ! Mine. One of the bast paying Grave ms for its sizein the County, ‘The prop: erty is situated in one of the-best mining : cea of _the State, le in rogue pone ng order, an operated y ove year. Good reasons given for selling: A ply at Daily Transcript Office, Nevatm » ° Onan interest In a Hy@rau Cla} et \ " F. L, HARRYHOUSEN, . ; B. D. PARR, 4 8 Pre to heavy and light IU asi fo aay part of Se cay i paige e and promptly attended to, and satictactio® guaranteed. : ry Varieus Has yt = Ob low afte Snow paired fr Ti the as great T. grind, th submerg Poatm , poatal < ia vile, aI el to de matter. Pat K hadtog ance tha > transfor Keenad, hura, P th, to ti Hora 4h ' person k who bea soul dot good kin paid the where Phe r . yeaterd: mate C} acrosa t Ruglebr ert’ Bh tached . said th while er of the d zens mu They fo pata n art. in 6) pocket’ ky bott other re were & ( and a jt busines: A sui ted Stat cls00 by wankea Brewin; sisting . Hese Jr Vromar \ im this based. o: oa “he who are Falk's } who as} etier in of such them, t the Co damage Here: Ments a manzge ten ao the hoa tobacco gallery, for the . 18a mil suficier the nnis to refer be fag Jame ip Wi S Of Schoc Lead, Taared: azed al Barn a Ala dating is for py “Rent § wee :