August 21, 1890 (4 pages)

en scld . th the Lary. the public squality. uf eight’! od, Sa ol, \PP, Keeping. '' EVENING Pine St. r Time, for_Fifteen ade known lonery. rm. here a @ & guaranknowledge irrespective RE! GET YOUR Done. WOOD AN Instrument te., Ete. @ & Filed. tal made to jade and re. ving Price, CIVAL, 'ts., Neved lea. Gault’s Shop. ed THAT repare MUpholater ne es, Single G OF ALL. E OVER IN iture pack-tended: to: 1g Rates ly Péspecttu ane ET, 1 TeaStore, ead. Co DN Love: ss, Nevada pon the fo unt of 10th da: set a ive in’t. en Sa ORT meter rere The Daily Teauseript. THURSDAY. AUGUST 21, 1890. CURES PROMPTLY AND PERMANENTLY. WUUMBAGO, ‘oothuche, "SPRAINS . Neuralgia, Swellings, Frost-bi BRUISE os ° THE CHARLES A. VOGELER CO., Baltimore, Md. THE COUNTY CONVENTIONS. A Suggestion to Held Them Dur-e ing Fair Week. If the proposition to not hold the county nominating conventions till the lutter part of next month prevails, as now seems likely-te—be the result, why would it not be a good ides to have them called for Fair week? The’ Republicans might, for instance, have theirs on Monday, September 22, and the Democrats theirs on the following Wednesday. Such an arrangement would—not only be convenient to the delegates, but would add immensely to the success of the Fairin which all citizens are interested. It would liven up,thicity and Graes Valley to-a degree that has never been witnessed before, and . Cense for liquor saloons throughout the the activity would not be ephemeral. Most of the delegates would come with the intention of remaining the entire week, as they could thucombine business and pleasure. The ides is one well worthy of being considered. There are some citizens who think the two conventions should be calle without further delay and for an early date. The Grass Valley Teiegraph gives the following reaso:s for holding to that view: ‘Speakers will be put in the field at an early day. Republican orators will be assigned to their circuits by the time the Democrats get their ticket named, Thenina few days the Demo cratic speakeis will be sent forth. In muny of the counties the political parof the people. ties urefully organized. ‘That is nor the ense in Nevada county, County organizations are not completed until county candidates are -nomin.ted.I will be awkard for the speakers to come to this county and no tickets in the field. Late nominations will do when a fight is not to be active; but this year is to be a hot one.” Fell From a Train I. Richards was brought to the . servility in yielding to his tyrannical county hospitel Tuesday to_be treated for a broken ankle and some cut+ about his head, the injaries having been reczived by falling from a train. He boarded the east-bound overland at Truckee in the. early morning to go to Boca to work. He +tepped out on} demands the perpetual exclusion of the platform of one of the cars to], smoke his pipe when a jerk of the train threw him tothe ground. He was brought down on the next train. He belongs to Wildley Lodge, No. 49. bises. I. 0.0. F., at Black Diamond, Washington, and the Odd Fellows bere are . siates States Senatora by a direct vote of the people, looking after him carefully . Judge seart.? Candidacy. The Examiner of Tuesday in speakcratic Senators and Representatives in ing of the Democratic-nominatidss for Congress. Associate Justices of the Supreme Court says: ‘‘sudge Niles Searls of Nevada City, who has been spoken of as a candidate, is announced tu-night as withdrawn, preferring to accept an offer made him of a place on the Superior bench of his own county. Ir you have made up your mind to buy Hood’s Sarsaparilla do not be induced to take any other. Hood’s Sarsaparilla is a peculiar medicine, possessing by virtue of its peculiar combination, proportion and preparation, curative power superior to any other article of the kind, -SARSAPARILLA aud iron soda. water at Carr Bros, “ABSOLUTE. cauivonsis of the . Een tepta ithe word ‘1 Wath! ft tee, at fs purpose? pleotiered of and women no matter, from what eisai arian, either, fru or or chrough ‘You ges reas Feasts oe pei awhen os ea and early grave, ERO-TIN PGE If you have made up your miod to buy The Gavi Pills do not be, induosd: 40. take a ny other. _Boldby © Carr Brof Sole Agents. ‘ing Bee’s San Jose special says: Congress providing for the election) ot form. -the passage of the Lodge Election Bull. oe The State Convention of the Democrats ee CAMINETI FOR CONGRESS The Senatorial Bugaboo Squelched. _—— % San Jose, Aug. 20—The Democratic State convention organized yesterday afternoon by electing the following temporary officers to which there wat nY opposition: Byron Waters of Suan Bernardino, chairinan; R. P. Hammond, Jr., of San Francisco, vicechairman; A. C. Berthier and James Neal, Secretaries. Committees on credentials and on organization and order of business were appointed. R3solutions favoring the Australian ballot system and providing fora uniform liState were offered, whereupon a recess for thirty minutes was taken. THE’ SENATORIAL SQUABBLE. “Sacramento, Aug. 20.—The EvenImmediately after the assembling of the convention the report of the committee on permanent organization was received. The recommendation that some one be endorsed for United States Senator was opposed by a minority report which favored the bill now pending in United States Senator by a direct vote Stephen M. White made a speech in favor of the minority report and it was unanimously carried. Terry of Fresno then read the _platTHE PLATFORM, It slaps Speaker Reed for arbitrary actions in the House, and accueges the mvjority of the members of shamelesmandates, The Republicans are denounced for The McKinley bill is denounced. It opposes Chinese immigration and he celestials. It favors free coinage of silver. It opposes oe pools and comIt favors the election of United It endorses the course of the DamoIt scores the late Republican State convention for not having the manlineas to endoree nor the courage to co.demn the administration .of Waterman, It urges that the State rate of taxation be reduced to 45 cents on the hundred dollars. It praises liberul appropriations for the iinprovement of rivers. It declares that the English law of riparian rights is inapplicable to Cualifornia. It believes inthe liberal support of’ the National Guard. It cOndemns the administration of affairs in the Stute Prison at San Quentin. CAMINETTI NOMINATED, The delegates of the Second Congiessional District nominated Senator Caminetti ef Amador for Congress by acclamation. At 5 o’clock Wednesday afternoon and telegraphic communication was inte: rupted, fn nnn r) Enceuragement fer the @reble. So long as the failing, embers of vitality are capable of being rekindled into a warm and genial glow, jnet so long there is hope jorthe weak and emacisted invalid. Let him not, therefore, despond, but derive encouragement from this and from the further fact that there is a restorative most potent in revewing the dilapidated powers of a broken down system. Yes, thanks to its unexampled tonic virtues, Hostetter’s Stomuch Bitters is daily reviving strength in the bodies and hope in the minds of the feeble and nervous.” Appetite, refreshing sleep, the acquisition of flesh and color, are blessings attendant upou the reparative processes which this priceless invigorant speedily initiates and carries to a successful conclusion . Digestion is restored, the blood fertilized and sustenance afforded to each life-sustaining organ by the Bitters, which is.inoffeneive even t» the feminine palate, vegetable in composition, to. tin force when the Act was -passed. £ . balloting for Governor was in progress Judge Walling Decides the District Board of Education a Legal Body. Judge Walling on Werlnesday morning rendered the follwing decision in the case of Nevada School District (by Culdwell, Shaw and Douglas) vs. The Board of Education of Nevada School District; In this case the plaintiffs, Caldwell, Shaw and Douglas, by their attorney, Caldwell, claim to be the regularly elected, qualified and: acting School Trustees of Nevada Sciool District; that as such trustees they are entitled to the possession and control of all schoolhouses, lots and other properties nelonging to said District, and are of right entitled to control all schools of said District ; that Shoecraft, -Morgan, Marsh, Clark, Snkeforth, Wadsworth and Calkins, claiming to be the Bourd of Edue:tion of said District, and Huckley and Venard, assisting them, are in the possession of the echool prop erty, and refuse to surrender the same ‘o plaintiff a8 school trustees ; that said defendants are wrongfully in possesston and wrongfully acting as a Board of Education for said District. Plaintiffs ask judgment, that they recover possession of all properties belonging to s:id school district, and: for general relief. : To this complaint defendants have ‘filed an answer. denying that plaintiffs are trustees of said district, or entitled to the possession of the property belonging to the District, or that either of plaintiffs are trustees of said district ; that they have ever acted as such, or demanded the possession of the school property. By way of further defense the defenants otherthan Venard and Hack ley, aver that they are duly elected, qvalified and acting Board of Euucation, and Board of School Directors of suid di-trict, by virtue of the provisions of an act of the Legislature of this State, entitled,‘‘An Act to Establish ind Define the Powers and Duties of the Board of Education of Nev.da School District,” approved March 25th, 1874, which act still remains in force and effect. That Venard is employed as watchman, and said Hackley as Janiter, by said defendants, asa Board f Education. Defendants also interpose a plea in cbatement, claiming they are the only persons authorized to bring suit on benalf of Nevada School District, and averring th.t the suit was brought gainst their wish, will’ and consent. The plaintiffs have demurred to the portion of defendant’s answer in which they allege they are the Board o! Edncation and School Directors of Nevada school District, by virtue of the provisions of the Act of 1874, above referred, The demurrer is a general one: That the same does nut state facts sufficient toconstitute a defense in this action; and the question for determination at this time arises upon this demurrer, ‘Ie will be seen that the validity of the Act. of 1874, under which defendants claim, is directly presented, and the determination of the validity or .invalidity of that Act, is the only question now before the Court. The plaintiffs, by their demurrer, have definitely pointed out the particular objections upon which they rely in support of their contention that the Act of 1874 is invalid. I propose to consider the objections in their order. First: Itis claimed the act is invalid for the reason it was inconsistent with the provisions of Section XI, Art. 1, of the old Constitution, which wus Section XI, Art. 1, reads: ‘‘All Jaws of a general nature shall have a uniform operation.”’ The first ground upon which the Act of 1874 is claimed to be inconsistent with the above constitutional provision is: ‘‘At the date cf the Act there existed in this State a system of common schools, called District schools, in all the districts of the State, provided fur by a general law of the State, uniform in its operation, and the act of 1874 destroyed this uniformity, by creating a Bourd of Education with seven directors, and changing the date ofelection.’’ ‘ This provision of our Constitution, (our present Constitution being ider.tiCal in this particular) has received consideration at the hands of our Supreme Court, and its meaning is nu longer doubtful. In the case of Brooks. vs. Hydag, 37, Cal 366, the Court said: “The XL section of Art. 1, means that every Jaw shall have a uniform operation npon all the citizens or persons or things of any class upon which it purports totake effect.” (Sve also 38 Cul. 702, and 59 Cal. 6.) It is clear that the act of 1874 does not violate the provisions of sec, XL art. 1, a8 above defined by the Supreme Court. The act only purports to operate upon Nevada School District, and it does act uniformly upon . ¢ all persons therein, Next it is said it was not in vonformity with the general school law then existing, and tends. to destroy such uniformity. : It isa complete answer to these objections to say, as our own Supreme Court has repeated so often, that prior to the adoption of the present Conatitution the Legislature had ample power to pass special laws, and that they didso in many instances is well known toall. Indeed, a strong arzut in favor of the new Constitution was ia provision pruhibiting “1874 Was unaffected” by section 1593. Itis also claimed that the act of 1874 quoted. The first provision is that, as and is in conflict with the pro‘. visions of anb. one, of sec. 1593 of the Political Code, which is as follows: “*The number of school trustees fur any school district, except where City Boards’ are otherwise authorized. by law, shall be three.” It is admitted that this provision wus in existence in 1874 at the time thevact creating a Board of Education for new school districts was ‘passed,’ and is still the law of the State. lt may be admitted that there is a von flict between section 1593 and the act of 1874, but it does not follow that the act of 1874 is invalid, Sec. 1593 was enacted by the same authority ak the act of 1874, and the provisions of sec. 1593 being general, and the act of 1874 being special, and the latest expression of the legislative will, would control; and instead of sec, 1593 rendering the act of 1874 invalid, the act of 1874 would render ‘sec. 1593 inOperative, sofar as_it was in cunflic! with the provisions of the act of 1874. As special legislution was permissible and as special statutes control general ones on the same subjects; the act ot Che Legislature had the right to-determine whether the general law should be applicable to Nevada School District, and haviag-determined other‘wise, there is no:legal ground upon which that action can be declared invalid. It was also urged that the Act of 1874 was invalid for the reason that its. title did ‘not conform to the requirements of Sec. 24, Art. 4, of the old Constitution, which reads as fullows: “Every law enacted by the Legistature shall embrace but one subject, and that shull'be expressed in the title.’”? An examination of the Act of 1874, and its title, wiil show this objection to Le groundless. Counsel fur plaintiff called attention ‘to the case of Milier vs: Kiwier 63 Cal., 142. Iu that cave the court decided that Sec, 4 of the Act of March 18, 1885, was special legislation, and violaced the provis ions of the present Constitution; bus, as ulready shown, special legislation w.s uot prohibited prior to the adup: tion of the present Constitution, ang therefore the case is: hot in point. It is neXPurged that the Act of 1°74 is invalid, forthe reason it conflict: with the provisions of subdivisious 27 and 33 of:Sec. 25, of Art. 4, or the preseut Cunstivutou. ‘ths provisions referred to are in the following language: : “fhe Legislature shall not pass local or speci sl iaws in any of the following cases: 27.h—Providiag for the management of the co wmon schools, 32d— In alt other cases Where the yeuerai law can ve made applivaicsble.’’ ‘Tuese provisions tirst became law upun the aduption ui the present Constitution in 1879. It is urgued that the Act of 1874 is special and that at the time ol its pussage there had been established & uniform system of school laws for the goverament of the schoo. districts of this State, and therefore is in conflict with the provisions above quoted, ‘The Supreme Court of this State in 59 Cal., 6, used thie language in jpassing Upon the section relied upon here; “The language uf Sec, 25, Art. 4, ir that the Legislature shail not pasa local or special laws.’? The constitu tional ivhibuion manifestly app.ies tu future and nol tu past leg slation. The provision is purely and simply prospective in its vperation, and the words will not justify any other construction. {t did nut therefore operate as a repeal ufthe Act passed by, the Legislature years befure the Constitution went into effect, but uerely put a siop to all future legislation of that objsctionable character: (10 Ohiv, S1. 538, 3 Iadiana 258, 24 Id. 28, Cuoley’s Const., Sim 76 Sve also 59 Cal. 429. 60-Cual, 177, 67 Cal 591.) Each affirining the ductrineofex pirie Burke on this qnestion as announced in 69 Cal. 6, above cited. Tnese authorities seem to definitely settle the questions that special legislation was permissible before the adoption of the Constitution of 1379, and that the provisions of Sec. 25, Art. 4, of the Coustitution of 1879, are not retroac ive. There is but one other objection urged against tLe validity of tue Act of 1874 which we deem worthy of consideration, end thatis, that the Act o: 187418 rendered invalid by: Sec. lof the schedule of the Constitution of 1879. Sec. 1 provides, so fir as applicable, 10 the question here involved: ** That all laws in force at the adoption of this Constitution, not inconsistent therewith, #hull remain in full force and +ff c1, until altered or .repealed by the Legislature. The provisiona of all Jaws which are inconsistent with this Constito ion shall cease upon the adoption thereof, except that all laws which are inconsi-tent with such provisions of this Conatitution as requires legislation to enforce them, sball remain in fall force until the first day of July, 1880, unless sooner aliered or repesled by the Legislature.’ There ia no claim here that the Act of 1874 has be-n directly repealed, bat it is ol uimed it ceased toexist by reason . of the above, provi-ions. says: ‘Every presumption is in favor of the constitution «lity of legislative enactments, One who assuils thie constitutionality of a statnte must not only overcome the strony présumption in favor of its vslidity, bot must show that by the nutaral and necessary import of the language, it is clearly in éunflict with the supreme law. ’ » Doubt as to the construction of a statute must be re-olved, if possible, in harmony with the Constitution.” Applying this rale, is the Act of 1874 invalid? As we'bave seen, the Legislature has the right to enact the etatate, and it wana valid ag aptothe fon of f 1879. ein get Une it, and reog special . Hie Ta 83 Cal.-112, the Snpreme Court} “Alllaws in force at ths adoption not inconsistent therewith, shall rem iin in fal foreeuntil altered or repeslea by the Leyislature.’’ It.could hardly be held inconsistent with the Constitution for the reason that the Cons itution did not create a systen, for the government of echools; it only provided that the Légi-lature should not pass local or special lawe, ‘providing for the managament of commen schvols,”” Tnis provision did not in any manner refur to former legi-lation, and did not operate retroactively upon lawa formeriy enacted. {n re stuart, 53°C.l. 745, the Court says: ‘fhe Constitu'ion adopted in 1879 did not, By its own force or meanng, repeal ordisplave all the statute: of the S ate theretofore in. force, bu only such as are inconsistent with those provisions of that ‘Co :stitution which do not require legislation to put them in foree.”? (Sse also 5b Cal. 95.) If the school ~ystem of thie State was not unifurm at the time of he adoption of the Constitution ol 1879, the legislation was neceasary to in.keat@a h;and, asa result, the Act of 1874 was not repealed or abrogated by this firsteliuse uf Sc. I, Art. 22 nor by Sub. 27 or 33 of Suc. 25. of Art. “We now proceed to engnira if the latter portion of Séc. I, Art. 22, ren fered the Act of 1874 invalit. It> langarge is: ‘The provisions of all liws which are inconsistent with thiConstitution, shill ¢ease upon the idoption thereof, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them, shall remain in full force until the firet day ot July, 1830, unless sooner altered or repealed,”’ [t seems evident, from what has al ready been said, the Act of 1874 war vali antil July Ist, 1830. Did it cease to operate at that date? An eximina tion of the r-porta of this Srate wil! -how that varions acts, special in their n ture, passed prior to 1879, have hee upheld by the Supreme Court. Upoi. Feb. 10 h, 1874, the Lezi-tature pasead an Act abolishing Connty Assesaor in Alameda counfy, and establish iny township assessors instead. In 1885 the validity of this Act was brought in question, and the Supreme Cour: held it cousti ational, although it i avident that it was notin conformity with the county goverament. bill o March 14th, 1883; and ifthe argument f plaintiffs’ counsel is correct in tai: case,then that Act was in conflict with Sub, 9 of Sec. 235 of Art. 4, whieh requires general and nuiform lawa, re guluting County and Township busi ness, (See 67C.1. 118 ) I se¢ no revson why the reasoning o! the Sapreme Court in the above case, doves not eqiuly app'y in this, Azain an Act cf 1874, to anthorize Oakland to construct a man s-wer, wax in 1834 by the Supreme Cuurt deeluted valid. (65 Cal. 351.) Other instances of the upholding of acts passed prior to the adoptiun of the Constitution of 1879, might readily be cited, but the-e will suffice, Tam clearly of the opinion that it was not the intention of the framers o) ur present Cuou-litution ta render invalid all laws passed pilur to its adoption, which would er invalid if passed since. I therefore ck that the Act ol 1874, creating a Board ot Education fur Nevada Sehoul District, is a valid law; and therefore that the d-emurre: in4his case should be over-:uled; and it isso ordered, _J, M. Wauume, Judge. TO BE APPEALED. Theca-e asa whole wiil be finally submitted to the judge on « stipulated statement of facts and immediatels upon a decision an appeal will be taken to the Supreme Court and 4 final determina: ion of the controversy will by quickly arrived at, The plaintiffs give assurance that inthe meantime they will notin any way interfere with the conduct of the schools by the defendabls, EEE Ayer’s Sirsaparilla, by purifying enriching the blood, improves the appetite, aids the assimilative process, sirengthens the nerves arid invigorates the system. It is, therefore, the best and most. thorouzhly reliable alterative that can be found for old and young. Appetite and sleep may be improved, every part of the system strengthened and the animal spirits regaintheir bonyancy by the nse of Dr. J. . McLean’s Strengthening Cordial and Blood Purifier. For sule by Curr Bros, In. 2rited Scrofula. — Swift's Specific (8. 8, 8.) cured my little rot be cisary Fila nich bre pyens be hed on hopes of had all ptr ty ppd at r usin, hatin dud otthen he was entirely cured. ot a nk now remains of the disease. Mathereville, Miss, Mits."T. Le MATHS, LUETSE & BRAND, WATOHMAKER aNw JEWELER, }& Ma at Gold Lake. Some Marysville men who have returned froma camping trip to Gold Lake in Sierra county tell the Appeal # stunning bear story. While one of the party was out trying to catch—by hand—a p ir of young grouse, it was determined by his friends in camp.to have a little bear excitement at the expense of the grouse hunter. Measra. Stone and Atehison were engaged to act as bear, and the retarn of the victim was impatiently awaited by the crowd. He came at last, and the early evening hours were spent telling exciting bear stories. At an early] hour the party went to the tent and retiied. Just as sleep, was about to clove the eyes of the campers, the brush on the side hill was heard w crack accompanied by the audible arowl of a bear, and with it was given the alarm cry by one of the sleepers that a bear was coming into camp. Ih had the desired effect. Five of the party with one bound Feached the entrance of the tent, as they went throwing their blankets over the grouse hante¥, who was vainly hunting for tis gun which he kept by hia side. At iast, weapon in hand, he emerged irom the tert and hesitated which way to go, but his hesitancy was ol -hort duration. The bear gave om ‘ore grunt and the grouse hunte: lropped his gun in the middle of the road and with the fleetness of a dee: ran to the boat, which was abou sixty yards away, thinking to get ont m the water and thereby elude pur suit from old bruin—for he had been told that a bear would not take to water. Untieing the boat, he shoved off from the shore, leaving his five compasions to their fate. He remained smut on the lake about two hours in “light attire,’ and only returned to samp‘alter his friends had built up » rig fireand assured him that the bea: tad been ecured away and the coast vasclear. When shivering with cold snd fright he returned, and was shown he beur tracks, and also where he hud urned over a pot of beans, the grouse hunter was heard to wish he war hick’ ia Marysville away from the wild beasts of the forest. He could not eleep that night, but with his gun, shich was loaled with bird shot, watched for the bear, trembling at every noise. The grouse hunter could not be persuaded to sleep in the tent during the remainder of the stav. He sought shelter every night in a neighboriny house. He is still firm in the belie’ that a genuine bear visited the cam} vad while on the journey home told u: ‘he narrow eacape of the purty from ving devoured. He asserts that he «aw the old bear and cub leisurely passing dows the road dragying a side fbicon with them ashe entered th voat, SF I rerr, The wortd emrivacd. The facilities of the present day fu he production of everything that wil: tonduce to the material welfare anc comfort of mankind are almost-uniimit ad and when Syrup of Figs was firs produced the world was enriched wit! theonly remedy which is traly pleas intand refreshing to the taste, an prompt and effectnal to cleanse the system gently inthe springtime or ir fact, atany time,,and the better it i snown the more popular it bevomes, A Sertous Mialiag Acctdents Wedneaday morning at the Yours America mine near SierraCity thre: miners named Millisei, Cundy an Creitus, were badly injured by an accidental blast, but the attending phy sician thinks they will recover. N bones were broken, Cundy’seyesigh is probably destroved, RET SARE ST re IEF a Aygr’s Hair Vigorrestores color anc vitulity to weak and gray hair Chrough ite healing and cleansin; qualities, it prevents the accumulation of Jandruff and cures all scalp diseases The best hair-dres-ing ever made, and by far the most economical. Wuen you feel uncomfortable abou: the stomach tuke Simmons Liver Regulator, Ice cold sqia witer at Curr Bros. ti ® cag eetes Mecting. A stated convocation of Nevada Com mandery, No. 6, K. T., will be helu Thursday evening. near ————EEEEEE Hotel Arrivais. Natioway Horet, August 19. Geo. ‘ Pe alga Yuba City, Mre. D. Manson, Bloomtield, Juno. Manson dr., Jas. H. Darwin, Yuba City, Mias Elle Marehall, Geo. E. W sbher, Yuba Mine, ' Miss Lanra. James, Bloomfield; Jus. Hanty, San Francisco, A. W. E:dwarda K, Charente, Denver E. A. Wilsey, Menlo Mine, R. M. Manson, Bloomfield, M.C. Hogan and s., San Juan, J. 93 Williams, Relif Hull, A. A. Wools, Sacramento, G. K. Fletcher Binher Mine, ©. Winkler, Brandy City, P. Barker, . Uniow Horst, Aug: 19. ' OL. Wright, San Juan, % 4. Rober, ~ do J. Adaina, Sacramento, R Wviey, do YD, do ON. Priddy, do W. Balch, do oe Cc maryous St. agt, San Francis, W. Pf Bread Street, Nevada City. . teolal and Other Netee Abe . Mra. Marsh»ll and 3c., Eagle Bid, . -~0. 8. Government Report, Avg 17, Peaple O14 and Young.M. D. Cooley went to San Francisco Wednesday. 2 Mre. P. H. Belden has returned from Campbell Springs. Atterney P. F Simonds went to Sacramento Wednesday. Geo. W. Herbert of Biggs, Butte county, is spending a few days here. Clark Winkler and Peter Biker of Brandy City went below Wednesday. = A. W. Edwards of Sin Francisco went up on Wednesday’s Sierra county stage. C. O. Jepsonand Miss Nellie Hickwan of Relief Hill were in town Wedneaday . Mrs. C. O. Jepson and her daughter and son, of Relief Hill, have returned from San Francisco, A. A. Woods, connected. with. the United States Marshal’s office, came ap Tuesday evening from Sacramento, Frank Hitchings, formerly of thir city, is employed as railroad expre-s messenger between San Francisco and Sonoma. John _M, -Williams and family of Relief Hill were in town Wednesday, the family being én route to San Francisco. Mra, E. Wade and daughter, who have been spending several weekr here for the benefit of their health, return Thursday to their home in Oakland. ai Fred Searls and Albert Allan of thie city with Henry Disque and other Colfaxites left Wednesday for Soda Springs, Placer county, to rusticate for a week. C. O. McQuesten an old-time regident of these parte, arrived here Tueaday evening from Plymouth, New Hampshire, and went Wednesday to Forest City. A, A. Merritt and family, who have been residing here for two yeurs past, return this week to their former home in Woodland. They have during their stay in the Queen City made many friends who regret to have them depart. Tueaday’s Telegraph: Miss Ettie Bennallack bas returned from an ex: tended visit to San Rafsel, San Franci-co, Berkeley and other parts of the State. David Shoemaker came up last night from the Cooper Medical College, San Francisco, and will spend his two weeks mid-summer vacation st home, New Suits. A. J. Ridge, a Grass Valley lawyer, has begun suit in the Superior Court wainat Josepli Kneebone to recover 6300 for counsel fees and $16 on an weconnt for advertising assigned to duiatiff by Publisher Spaulding of the Cidirgs. George Schmidt and wife sue at‘orney Kittts of (iravs Valley to recovar $1,200 damages. This auit growr sat of litigation wherein Mr, Kitts war attorney for the Schmiddta, REESE A LOST ADDRESS. A Trinidad Lady Writes to San Francisco for It. Mrs. Harriet McNamara of 819 State Street, Trinidad, Colorado, while visiting in st, Louls last summer, did not suffer with her usual sick headaches and indigesti But upon her return to Trinidad her old troubles came upon her. It was not the 8. Louis climate that did so much for her. The secret is told in the following letter, received by Thomas Price & Son, the wellknown assayers of 624 Sacramento Street, 3an Francisco. Mrs, McNamara writes: — “Three months since I was visitin 4 3t.-Louls, and obtained two bottles of Voustabte sue pad oy It was of great rel ef to me-in hes and indi Spry ol tince my rel urn cs my _honje' in { feel the need of it, and as T hive int the address I write to Pa ago to ask if you will Lot kindly forward letter to the proper uumber in San if bare te and have me ‘ent a few more bottles of this valuable vegetable compound.” People having used Joy's Vegetable Sarsaoarilla once send hundreds of miles to get it again, as in the above instance. SupveEN changes of temperature and ‘umidity of the atmosphere often prot‘uce disorders of the kidneys and bladler. “Use Dr. J. H. McLean’s Liver nd Kidney Balm to check t':ese troubes in their incipiency. For sule by Jarr Bros, Facts speak louder than ‘words. timmons Liver Regulator will alwayr sure. 2c Fine pasturage for live stock at the, Sutton Ranch between Nevada City ind Grass Valley. Apply to Geo. C. Gaylord, Secretary Nevada Counts Land and {[mprovement Association, or atthe Ranch. tf. A cream of tartar baking powder. Highest of all in leavening strength {W. D. VINTON, AT SAN. . 0 g eT OR HOOLS legislation. ~ [hy reason of the . .tter provisions above —o : oo HERE Me ters of Zeca Interest. One of the lads who created trouble at the Salvation Army barracks at Grass = has been arrested and fined. The plans for the new school building at Grass Valley which, when modified soméWhat, will undoubtedly be accepted by the Board of Education, were submitted by Julian Mourot of Modesto. Tidings of Tuesday: I. J. Rolfe was in town this morning. Asked for an item, he said that near Noell’s he me 4 #@ wagon drawing a three-wheeled wayonette owned by Henry Lane behind it. Another wagon containing the missing fourth wheel of the wagonette followed, two of Lune’s horses tied bi« hind, In the rear, ina buggy, was Lane personally. David Jones has: brought suit in a Grass Valley justice court against Ed. ;Sampson, as Public Administrator, to recover between $69 and $70 alleged to be due fur services in taking cure vf the property Uf the late John Pree: ton, at Union Hill, Jones avers that his services in thia connection were vnlisted by the Public Administrator , who Dow reluses to accede to his demand for pay went, Rev. in aahil. Relative to the cba charge that Rev. Dr. Hill, tormerly of this city, white chapayo received the dying confession of a vunvict, to the effect boat -there were then ia the prisoa two young meg, vunsigned there for life on his own ialve testimony, and yet made. no mention of the. inatter nor made any vlfurt to bring this confession to the atsention of the authorities, with a view 0 securing the pardoa of the innocent convicts, the Uskland ‘Limes says: *Ludre must be sume miswke abvut this. De, Mul is w ciergyman highly cespected in the denomination to which ae belougs, aid of good yeneral regute, ‘Chat he should be guilty of such anpurdonable neglect, and shuuld excuse hunosell for Ww when brought ‘to 18 wtteniiuu, In that indifferent and auvarligas tmuanuer, is incredibie and Ahi sany Ovo Uellvved by his tmends on +8 inust wuuodaut and ‘undoubted proof, Let ult the facts be made 4uus0; tue svoner the: better, Dr, cliil shuuld be heard from,: and over us OWN Biguature,”” i scealaeeentantiattadienemtansndaiinmnmaitiaetemianteaed seca MPuaace jo eelany Might. At Odd Fellows Hall under Prof, Michell’s management. 2b Professleaal Viols. Mrs, Professur Frank leaves on Cuveday for Nurih Biouifield, Moore's Stat aud Kureke on & protesmonal tript sud Will remain in that suction. abou sue Week, Sue will be prepared to vake and fit eye glasses tu order, and sUarautees perieut eatinfuction, 019-3t SCROFULA insightly lumps or swellings in the neok; which causes running sores on the arms, egs. “r reet; which develops ulcers In the .yes, ars, or nose, often causing blindness or leafness; which (s the origin of pimples, canserous growths, or “humors;" which, fastening upon the lungs, causes consumption and death, It isthe most ancient of all diseases, and very few persons are entirely free from it. “cae CURED By taking Hood's Sarsaparilia, which, by 4 the remarkable cures it has accomplished, has proven itself to be a potent and peculiar medicine for this disease. If you suffer from «srotula, try [lood's Sarsaparilla, “Every spring my wife and children have been troubled with scrofula, my littlo b,. three years old, being a terrible sufferer, Last spring he was one mass of sorcs from headtofeet. W6alltook Hood's Sarsaparilla, and all have been cured of the scrofula, My little boy is entirely free from sores, and alt ‘our o1 my children look bright and healthy.” W. DB. Aruxrroy, Passalo City, N. J, Hocd’s Sarsaparilla Suid by all druggists. $1; six for g5. Prepared only vy C. KOOD & CO., Apothecaries, Low7ll, Mase, 100 Doses One Doilar i. & CALKING S P. BROWN BROWN & CALKINS, Book, Newsvaner and Job Printers. UBLISHERS OF THE NEVADA CITY DAILY TRANSORIPT, the leading paerin Northern Cailfornia. It was estabye September 6th, 1861, by’. P. Bro B & NEVADA DRUG STORE, Corner Broad and Pine Sree. NEVADA CITY ~-Frapeieer: Anor STOCK or PATENT MEDICINES ra Aniclen of Tina? Soaps, Brushes ‘ul era 44 Fadi to componding, riptions by a competent Druggiat and “pertect partir, guaranteed. BARTLETT AnD orwe7.n = PEARS WANTED ! THE HIGHEST MARKET PRICE '~ PAID FOR; DR. C.L. WALK, Marketable Pears. DuNnTisT OF, Beg. oo VALLEY, WILL visrr NEEnquire of Wednesday of Each Week. E. BOOTH, Clos ot te ee Corner Ping and Commercial Streets, Nothing but first-class Guished work. ; Teeth extracted without pals, “ Nevada City. Cal. win of San Qientin Privou, three years ~ ‘s that impurity of the blood which produces ; ee er

en scld . th the Lary. the public squality. uf eight’! od, Sa ol, \PP, Keeping. '' EVENING Pine St. r Time, for_Fifteen ade known lonery. rm. here a @ & guaranknowledge irrespective RE! GET YOUR Done. WOOD AN Instrument te., Ete. @ & Filed. tal made to jade and re. ving Price, CIVAL, 'ts., Neved lea. Gault’s Shop. ed THAT repare MUpholater ne es, Single G OF ALL. E OVER IN iture pack-tended: to: 1g Rates ly Péspecttu ane ET, 1 TeaStore, ead. Co DN Love: ss, Nevada pon the fo unt of 10th da: set a ive in’t. en Sa ORT meter rere The Daily Teauseript. THURSDAY. AUGUST 21, 1890. CURES PROMPTLY AND PERMANENTLY. WUUMBAGO, ‘oothuche, "SPRAINS . Neuralgia, Swellings, Frost-bi BRUISE os ° THE CHARLES A. VOGELER CO., Baltimore, Md. THE COUNTY CONVENTIONS. A Suggestion to Held Them Dur-e ing Fair Week. If the proposition to not hold the county nominating conventions till the lutter part of next month prevails, as now seems likely-te—be the result, why would it not be a good ides to have them called for Fair week? The’ Republicans might, for instance, have theirs on Monday, September 22, and the Democrats theirs on the following Wednesday. Such an arrangement would—not only be convenient to the delegates, but would add immensely to the success of the Fairin which all citizens are interested. It would liven up,thicity and Graes Valley to-a degree that has never been witnessed before, and . Cense for liquor saloons throughout the the activity would not be ephemeral. Most of the delegates would come with the intention of remaining the entire week, as they could thucombine business and pleasure. The ides is one well worthy of being considered. There are some citizens who think the two conventions should be calle without further delay and for an early date. The Grass Valley Teiegraph gives the following reaso:s for holding to that view: ‘Speakers will be put in the field at an early day. Republican orators will be assigned to their circuits by the time the Democrats get their ticket named, Thenina few days the Demo cratic speakeis will be sent forth. In muny of the counties the political parof the people. ties urefully organized. ‘That is nor the ense in Nevada county, County organizations are not completed until county candidates are -nomin.ted.I will be awkard for the speakers to come to this county and no tickets in the field. Late nominations will do when a fight is not to be active; but this year is to be a hot one.” Fell From a Train I. Richards was brought to the . servility in yielding to his tyrannical county hospitel Tuesday to_be treated for a broken ankle and some cut+ about his head, the injaries having been reczived by falling from a train. He boarded the east-bound overland at Truckee in the. early morning to go to Boca to work. He +tepped out on} demands the perpetual exclusion of the platform of one of the cars to], smoke his pipe when a jerk of the train threw him tothe ground. He was brought down on the next train. He belongs to Wildley Lodge, No. 49. bises. I. 0.0. F., at Black Diamond, Washington, and the Odd Fellows bere are . siates States Senatora by a direct vote of the people, looking after him carefully . Judge seart.? Candidacy. The Examiner of Tuesday in speakcratic Senators and Representatives in ing of the Democratic-nominatidss for Congress. Associate Justices of the Supreme Court says: ‘‘sudge Niles Searls of Nevada City, who has been spoken of as a candidate, is announced tu-night as withdrawn, preferring to accept an offer made him of a place on the Superior bench of his own county. Ir you have made up your mind to buy Hood’s Sarsaparilla do not be induced to take any other. Hood’s Sarsaparilla is a peculiar medicine, possessing by virtue of its peculiar combination, proportion and preparation, curative power superior to any other article of the kind, -SARSAPARILLA aud iron soda. water at Carr Bros, “ABSOLUTE. cauivonsis of the . Een tepta ithe word ‘1 Wath! ft tee, at fs purpose? pleotiered of and women no matter, from what eisai arian, either, fru or or chrough ‘You ges reas Feasts oe pei awhen os ea and early grave, ERO-TIN PGE If you have made up your miod to buy The Gavi Pills do not be, induosd: 40. take a ny other. _Boldby © Carr Brof Sole Agents. ‘ing Bee’s San Jose special says: Congress providing for the election) ot form. -the passage of the Lodge Election Bull. oe The State Convention of the Democrats ee CAMINETI FOR CONGRESS The Senatorial Bugaboo Squelched. _—— % San Jose, Aug. 20—The Democratic State convention organized yesterday afternoon by electing the following temporary officers to which there wat nY opposition: Byron Waters of Suan Bernardino, chairinan; R. P. Hammond, Jr., of San Francisco, vicechairman; A. C. Berthier and James Neal, Secretaries. Committees on credentials and on organization and order of business were appointed. R3solutions favoring the Australian ballot system and providing fora uniform liState were offered, whereupon a recess for thirty minutes was taken. THE’ SENATORIAL SQUABBLE. “Sacramento, Aug. 20.—The EvenImmediately after the assembling of the convention the report of the committee on permanent organization was received. The recommendation that some one be endorsed for United States Senator was opposed by a minority report which favored the bill now pending in United States Senator by a direct vote Stephen M. White made a speech in favor of the minority report and it was unanimously carried. Terry of Fresno then read the _platTHE PLATFORM, It slaps Speaker Reed for arbitrary actions in the House, and accueges the mvjority of the members of shamelesmandates, The Republicans are denounced for The McKinley bill is denounced. It opposes Chinese immigration and he celestials. It favors free coinage of silver. It opposes oe pools and comIt favors the election of United It endorses the course of the DamoIt scores the late Republican State convention for not having the manlineas to endoree nor the courage to co.demn the administration .of Waterman, It urges that the State rate of taxation be reduced to 45 cents on the hundred dollars. It praises liberul appropriations for the iinprovement of rivers. It declares that the English law of riparian rights is inapplicable to Cualifornia. It believes inthe liberal support of’ the National Guard. It cOndemns the administration of affairs in the Stute Prison at San Quentin. CAMINETTI NOMINATED, The delegates of the Second Congiessional District nominated Senator Caminetti ef Amador for Congress by acclamation. At 5 o’clock Wednesday afternoon and telegraphic communication was inte: rupted, fn nnn r) Enceuragement fer the @reble. So long as the failing, embers of vitality are capable of being rekindled into a warm and genial glow, jnet so long there is hope jorthe weak and emacisted invalid. Let him not, therefore, despond, but derive encouragement from this and from the further fact that there is a restorative most potent in revewing the dilapidated powers of a broken down system. Yes, thanks to its unexampled tonic virtues, Hostetter’s Stomuch Bitters is daily reviving strength in the bodies and hope in the minds of the feeble and nervous.” Appetite, refreshing sleep, the acquisition of flesh and color, are blessings attendant upou the reparative processes which this priceless invigorant speedily initiates and carries to a successful conclusion . Digestion is restored, the blood fertilized and sustenance afforded to each life-sustaining organ by the Bitters, which is.inoffeneive even t» the feminine palate, vegetable in composition, to. tin force when the Act was -passed. £ . balloting for Governor was in progress Judge Walling Decides the District Board of Education a Legal Body. Judge Walling on Werlnesday morning rendered the follwing decision in the case of Nevada School District (by Culdwell, Shaw and Douglas) vs. The Board of Education of Nevada School District; In this case the plaintiffs, Caldwell, Shaw and Douglas, by their attorney, Caldwell, claim to be the regularly elected, qualified and: acting School Trustees of Nevada Sciool District; that as such trustees they are entitled to the possession and control of all schoolhouses, lots and other properties nelonging to said District, and are of right entitled to control all schools of said District ; that Shoecraft, -Morgan, Marsh, Clark, Snkeforth, Wadsworth and Calkins, claiming to be the Bourd of Edue:tion of said District, and Huckley and Venard, assisting them, are in the possession of the echool prop erty, and refuse to surrender the same ‘o plaintiff a8 school trustees ; that said defendants are wrongfully in possesston and wrongfully acting as a Board of Education for said District. Plaintiffs ask judgment, that they recover possession of all properties belonging to s:id school district, and: for general relief. : To this complaint defendants have ‘filed an answer. denying that plaintiffs are trustees of said district, or entitled to the possession of the property belonging to the District, or that either of plaintiffs are trustees of said district ; that they have ever acted as such, or demanded the possession of the school property. By way of further defense the defenants otherthan Venard and Hack ley, aver that they are duly elected, qvalified and acting Board of Euucation, and Board of School Directors of suid di-trict, by virtue of the provisions of an act of the Legislature of this State, entitled,‘‘An Act to Establish ind Define the Powers and Duties of the Board of Education of Nev.da School District,” approved March 25th, 1874, which act still remains in force and effect. That Venard is employed as watchman, and said Hackley as Janiter, by said defendants, asa Board f Education. Defendants also interpose a plea in cbatement, claiming they are the only persons authorized to bring suit on benalf of Nevada School District, and averring th.t the suit was brought gainst their wish, will’ and consent. The plaintiffs have demurred to the portion of defendant’s answer in which they allege they are the Board o! Edncation and School Directors of Nevada school District, by virtue of the provisions of the Act of 1874, above referred, The demurrer is a general one: That the same does nut state facts sufficient toconstitute a defense in this action; and the question for determination at this time arises upon this demurrer, ‘Ie will be seen that the validity of the Act. of 1874, under which defendants claim, is directly presented, and the determination of the validity or .invalidity of that Act, is the only question now before the Court. The plaintiffs, by their demurrer, have definitely pointed out the particular objections upon which they rely in support of their contention that the Act of 1874 is invalid. I propose to consider the objections in their order. First: Itis claimed the act is invalid for the reason it was inconsistent with the provisions of Section XI, Art. 1, of the old Constitution, which wus Section XI, Art. 1, reads: ‘‘All Jaws of a general nature shall have a uniform operation.”’ The first ground upon which the Act of 1874 is claimed to be inconsistent with the above constitutional provision is: ‘‘At the date cf the Act there existed in this State a system of common schools, called District schools, in all the districts of the State, provided fur by a general law of the State, uniform in its operation, and the act of 1874 destroyed this uniformity, by creating a Bourd of Education with seven directors, and changing the date ofelection.’’ ‘ This provision of our Constitution, (our present Constitution being ider.tiCal in this particular) has received consideration at the hands of our Supreme Court, and its meaning is nu longer doubtful. In the case of Brooks. vs. Hydag, 37, Cal 366, the Court said: “The XL section of Art. 1, means that every Jaw shall have a uniform operation npon all the citizens or persons or things of any class upon which it purports totake effect.” (Sve also 38 Cul. 702, and 59 Cal. 6.) It is clear that the act of 1874 does not violate the provisions of sec, XL art. 1, a8 above defined by the Supreme Court. The act only purports to operate upon Nevada School District, and it does act uniformly upon . ¢ all persons therein, Next it is said it was not in vonformity with the general school law then existing, and tends. to destroy such uniformity. : It isa complete answer to these objections to say, as our own Supreme Court has repeated so often, that prior to the adoption of the present Conatitution the Legislature had ample power to pass special laws, and that they didso in many instances is well known toall. Indeed, a strong arzut in favor of the new Constitution was ia provision pruhibiting “1874 Was unaffected” by section 1593. Itis also claimed that the act of 1874 quoted. The first provision is that, as and is in conflict with the pro‘. visions of anb. one, of sec. 1593 of the Political Code, which is as follows: “*The number of school trustees fur any school district, except where City Boards’ are otherwise authorized. by law, shall be three.” It is admitted that this provision wus in existence in 1874 at the time thevact creating a Board of Education for new school districts was ‘passed,’ and is still the law of the State. lt may be admitted that there is a von flict between section 1593 and the act of 1874, but it does not follow that the act of 1874 is invalid, Sec. 1593 was enacted by the same authority ak the act of 1874, and the provisions of sec. 1593 being general, and the act of 1874 being special, and the latest expression of the legislative will, would control; and instead of sec, 1593 rendering the act of 1874 invalid, the act of 1874 would render ‘sec. 1593 inOperative, sofar as_it was in cunflic! with the provisions of the act of 1874. As special legislution was permissible and as special statutes control general ones on the same subjects; the act ot Che Legislature had the right to-determine whether the general law should be applicable to Nevada School District, and haviag-determined other‘wise, there is no:legal ground upon which that action can be declared invalid. It was also urged that the Act of 1874 was invalid for the reason that its. title did ‘not conform to the requirements of Sec. 24, Art. 4, of the old Constitution, which reads as fullows: “Every law enacted by the Legistature shall embrace but one subject, and that shull'be expressed in the title.’”? An examination of the Act of 1874, and its title, wiil show this objection to Le groundless. Counsel fur plaintiff called attention ‘to the case of Milier vs: Kiwier 63 Cal., 142. Iu that cave the court decided that Sec, 4 of the Act of March 18, 1885, was special legislation, and violaced the provis ions of the present Constitution; bus, as ulready shown, special legislation w.s uot prohibited prior to the adup: tion of the present Constitution, ang therefore the case is: hot in point. It is neXPurged that the Act of 1°74 is invalid, forthe reason it conflict: with the provisions of subdivisious 27 and 33 of:Sec. 25, of Art. 4, or the preseut Cunstivutou. ‘ths provisions referred to are in the following language: : “fhe Legislature shall not pass local or speci sl iaws in any of the following cases: 27.h—Providiag for the management of the co wmon schools, 32d— In alt other cases Where the yeuerai law can ve made applivaicsble.’’ ‘Tuese provisions tirst became law upun the aduption ui the present Constitution in 1879. It is urgued that the Act of 1874 is special and that at the time ol its pussage there had been established & uniform system of school laws for the goverament of the schoo. districts of this State, and therefore is in conflict with the provisions above quoted, ‘The Supreme Court of this State in 59 Cal., 6, used thie language in jpassing Upon the section relied upon here; “The language uf Sec, 25, Art. 4, ir that the Legislature shail not pasa local or special laws.’? The constitu tional ivhibuion manifestly app.ies tu future and nol tu past leg slation. The provision is purely and simply prospective in its vperation, and the words will not justify any other construction. {t did nut therefore operate as a repeal ufthe Act passed by, the Legislature years befure the Constitution went into effect, but uerely put a siop to all future legislation of that objsctionable character: (10 Ohiv, S1. 538, 3 Iadiana 258, 24 Id. 28, Cuoley’s Const., Sim 76 Sve also 59 Cal. 429. 60-Cual, 177, 67 Cal 591.) Each affirining the ductrineofex pirie Burke on this qnestion as announced in 69 Cal. 6, above cited. Tnese authorities seem to definitely settle the questions that special legislation was permissible before the adoption of the Constitution of 1379, and that the provisions of Sec. 25, Art. 4, of the Coustitution of 1879, are not retroac ive. There is but one other objection urged against tLe validity of tue Act of 1874 which we deem worthy of consideration, end thatis, that the Act o: 187418 rendered invalid by: Sec. lof the schedule of the Constitution of 1879. Sec. 1 provides, so fir as applicable, 10 the question here involved: ** That all laws in force at the adoption of this Constitution, not inconsistent therewith, #hull remain in full force and +ff c1, until altered or .repealed by the Legislature. The provisiona of all Jaws which are inconsistent with this Constito ion shall cease upon the adoption thereof, except that all laws which are inconsi-tent with such provisions of this Conatitution as requires legislation to enforce them, sball remain in fall force until the first day of July, 1880, unless sooner aliered or repesled by the Legislature.’ There ia no claim here that the Act of 1874 has be-n directly repealed, bat it is ol uimed it ceased toexist by reason . of the above, provi-ions. says: ‘Every presumption is in favor of the constitution «lity of legislative enactments, One who assuils thie constitutionality of a statnte must not only overcome the strony présumption in favor of its vslidity, bot must show that by the nutaral and necessary import of the language, it is clearly in éunflict with the supreme law. ’ » Doubt as to the construction of a statute must be re-olved, if possible, in harmony with the Constitution.” Applying this rale, is the Act of 1874 invalid? As we'bave seen, the Legislature has the right to enact the etatate, and it wana valid ag aptothe fon of f 1879. ein get Une it, and reog special . Hie Ta 83 Cal.-112, the Snpreme Court} “Alllaws in force at ths adoption not inconsistent therewith, shall rem iin in fal foreeuntil altered or repeslea

by the Leyislature.’’ It.could hardly be held inconsistent with the Constitution for the reason that the Cons itution did not create a systen, for the government of echools; it only provided that the Légi-lature should not pass local or special lawe, ‘providing for the managament of commen schvols,”” Tnis provision did not in any manner refur to former legi-lation, and did not operate retroactively upon lawa formeriy enacted. {n re stuart, 53°C.l. 745, the Court says: ‘fhe Constitu'ion adopted in 1879 did not, By its own force or meanng, repeal ordisplave all the statute: of the S ate theretofore in. force, bu only such as are inconsistent with those provisions of that ‘Co :stitution which do not require legislation to put them in foree.”? (Sse also 5b Cal. 95.) If the school ~ystem of thie State was not unifurm at the time of he adoption of the Constitution ol 1879, the legislation was neceasary to in.keat@a h;and, asa result, the Act of 1874 was not repealed or abrogated by this firsteliuse uf Sc. I, Art. 22 nor by Sub. 27 or 33 of Suc. 25. of Art. “We now proceed to engnira if the latter portion of Séc. I, Art. 22, ren fered the Act of 1874 invalit. It> langarge is: ‘The provisions of all liws which are inconsistent with thiConstitution, shill ¢ease upon the idoption thereof, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them, shall remain in full force until the firet day ot July, 1830, unless sooner altered or repealed,”’ [t seems evident, from what has al ready been said, the Act of 1874 war vali antil July Ist, 1830. Did it cease to operate at that date? An eximina tion of the r-porta of this Srate wil! -how that varions acts, special in their n ture, passed prior to 1879, have hee upheld by the Supreme Court. Upoi. Feb. 10 h, 1874, the Lezi-tature pasead an Act abolishing Connty Assesaor in Alameda counfy, and establish iny township assessors instead. In 1885 the validity of this Act was brought in question, and the Supreme Cour: held it cousti ational, although it i avident that it was notin conformity with the county goverament. bill o March 14th, 1883; and ifthe argument f plaintiffs’ counsel is correct in tai: case,then that Act was in conflict with Sub, 9 of Sec. 235 of Art. 4, whieh requires general and nuiform lawa, re guluting County and Township busi ness, (See 67C.1. 118 ) I se¢ no revson why the reasoning o! the Sapreme Court in the above case, doves not eqiuly app'y in this, Azain an Act cf 1874, to anthorize Oakland to construct a man s-wer, wax in 1834 by the Supreme Cuurt deeluted valid. (65 Cal. 351.) Other instances of the upholding of acts passed prior to the adoptiun of the Constitution of 1879, might readily be cited, but the-e will suffice, Tam clearly of the opinion that it was not the intention of the framers o) ur present Cuou-litution ta render invalid all laws passed pilur to its adoption, which would er invalid if passed since. I therefore ck that the Act ol 1874, creating a Board ot Education fur Nevada Sehoul District, is a valid law; and therefore that the d-emurre: in4his case should be over-:uled; and it isso ordered, _J, M. Wauume, Judge. TO BE APPEALED. Theca-e asa whole wiil be finally submitted to the judge on « stipulated statement of facts and immediatels upon a decision an appeal will be taken to the Supreme Court and 4 final determina: ion of the controversy will by quickly arrived at, The plaintiffs give assurance that inthe meantime they will notin any way interfere with the conduct of the schools by the defendabls, EEE Ayer’s Sirsaparilla, by purifying enriching the blood, improves the appetite, aids the assimilative process, sirengthens the nerves arid invigorates the system. It is, therefore, the best and most. thorouzhly reliable alterative that can be found for old and young. Appetite and sleep may be improved, every part of the system strengthened and the animal spirits regaintheir bonyancy by the nse of Dr. J. . McLean’s Strengthening Cordial and Blood Purifier. For sule by Curr Bros, In. 2rited Scrofula. — Swift's Specific (8. 8, 8.) cured my little rot be cisary Fila nich bre pyens be hed on hopes of had all ptr ty ppd at r usin, hatin dud otthen he was entirely cured. ot a nk now remains of the disease. Mathereville, Miss, Mits."T. Le MATHS, LUETSE & BRAND, WATOHMAKER aNw JEWELER, }& Ma at Gold Lake. Some Marysville men who have returned froma camping trip to Gold Lake in Sierra county tell the Appeal # stunning bear story. While one of the party was out trying to catch—by hand—a p ir of young grouse, it was determined by his friends in camp.to have a little bear excitement at the expense of the grouse hunter. Measra. Stone and Atehison were engaged to act as bear, and the retarn of the victim was impatiently awaited by the crowd. He came at last, and the early evening hours were spent telling exciting bear stories. At an early] hour the party went to the tent and retiied. Just as sleep, was about to clove the eyes of the campers, the brush on the side hill was heard w crack accompanied by the audible arowl of a bear, and with it was given the alarm cry by one of the sleepers that a bear was coming into camp. Ih had the desired effect. Five of the party with one bound Feached the entrance of the tent, as they went throwing their blankets over the grouse hante¥, who was vainly hunting for tis gun which he kept by hia side. At iast, weapon in hand, he emerged irom the tert and hesitated which way to go, but his hesitancy was ol -hort duration. The bear gave om ‘ore grunt and the grouse hunte: lropped his gun in the middle of the road and with the fleetness of a dee: ran to the boat, which was abou sixty yards away, thinking to get ont m the water and thereby elude pur suit from old bruin—for he had been told that a bear would not take to water. Untieing the boat, he shoved off from the shore, leaving his five compasions to their fate. He remained smut on the lake about two hours in “light attire,’ and only returned to samp‘alter his friends had built up » rig fireand assured him that the bea: tad been ecured away and the coast vasclear. When shivering with cold snd fright he returned, and was shown he beur tracks, and also where he hud urned over a pot of beans, the grouse hunter was heard to wish he war hick’ ia Marysville away from the wild beasts of the forest. He could not eleep that night, but with his gun, shich was loaled with bird shot, watched for the bear, trembling at every noise. The grouse hunter could not be persuaded to sleep in the tent during the remainder of the stav. He sought shelter every night in a neighboriny house. He is still firm in the belie’ that a genuine bear visited the cam} vad while on the journey home told u: ‘he narrow eacape of the purty from ving devoured. He asserts that he «aw the old bear and cub leisurely passing dows the road dragying a side fbicon with them ashe entered th voat, SF I rerr, The wortd emrivacd. The facilities of the present day fu he production of everything that wil: tonduce to the material welfare anc comfort of mankind are almost-uniimit ad and when Syrup of Figs was firs produced the world was enriched wit! theonly remedy which is traly pleas intand refreshing to the taste, an prompt and effectnal to cleanse the system gently inthe springtime or ir fact, atany time,,and the better it i snown the more popular it bevomes, A Sertous Mialiag Acctdents Wedneaday morning at the Yours America mine near SierraCity thre: miners named Millisei, Cundy an Creitus, were badly injured by an accidental blast, but the attending phy sician thinks they will recover. N bones were broken, Cundy’seyesigh is probably destroved, RET SARE ST re IEF a Aygr’s Hair Vigorrestores color anc vitulity to weak and gray hair Chrough ite healing and cleansin; qualities, it prevents the accumulation of Jandruff and cures all scalp diseases The best hair-dres-ing ever made, and by far the most economical. Wuen you feel uncomfortable abou: the stomach tuke Simmons Liver Regulator, Ice cold sqia witer at Curr Bros. ti ® cag eetes Mecting. A stated convocation of Nevada Com mandery, No. 6, K. T., will be helu Thursday evening. near ————EEEEEE Hotel Arrivais. Natioway Horet, August 19. Geo. ‘ Pe alga Yuba City, Mre. D. Manson, Bloomtield, Juno. Manson dr., Jas. H. Darwin, Yuba City, Mias Elle Marehall, Geo. E. W sbher, Yuba Mine, ' Miss Lanra. James, Bloomfield; Jus. Hanty, San Francisco, A. W. E:dwarda K, Charente, Denver E. A. Wilsey, Menlo Mine, R. M. Manson, Bloomfield, M.C. Hogan and s., San Juan, J. 93 Williams, Relif Hull, A. A. Wools, Sacramento, G. K. Fletcher Binher Mine, ©. Winkler, Brandy City, P. Barker, . Uniow Horst, Aug: 19. ' OL. Wright, San Juan, % 4. Rober, ~ do J. Adaina, Sacramento, R Wviey, do YD, do ON. Priddy, do W. Balch, do oe Cc maryous St. agt, San Francis, W. Pf Bread Street, Nevada City. . teolal and Other Netee Abe . Mra. Marsh»ll and 3c., Eagle Bid, . -~0. 8. Government Report, Avg 17, Peaple O14 and Young.M. D. Cooley went to San Francisco Wednesday. 2 Mre. P. H. Belden has returned from Campbell Springs. Atterney P. F Simonds went to Sacramento Wednesday. Geo. W. Herbert of Biggs, Butte county, is spending a few days here. Clark Winkler and Peter Biker of Brandy City went below Wednesday. = A. W. Edwards of Sin Francisco went up on Wednesday’s Sierra county stage. C. O. Jepsonand Miss Nellie Hickwan of Relief Hill were in town Wedneaday . Mrs. C. O. Jepson and her daughter and son, of Relief Hill, have returned from San Francisco, A. A. Woods, connected. with. the United States Marshal’s office, came ap Tuesday evening from Sacramento, Frank Hitchings, formerly of thir city, is employed as railroad expre-s messenger between San Francisco and Sonoma. John _M, -Williams and family of Relief Hill were in town Wednesday, the family being én route to San Francisco. Mra, E. Wade and daughter, who have been spending several weekr here for the benefit of their health, return Thursday to their home in Oakland. ai Fred Searls and Albert Allan of thie city with Henry Disque and other Colfaxites left Wednesday for Soda Springs, Placer county, to rusticate for a week. C. O. McQuesten an old-time regident of these parte, arrived here Tueaday evening from Plymouth, New Hampshire, and went Wednesday to Forest City. A, A. Merritt and family, who have been residing here for two yeurs past, return this week to their former home in Woodland.. They have during their stay in the Queen City made many friends who regret to have them depart. Tueaday’s Telegraph: Miss Ettie Bennallack bas returned from an ex: tended visit to San Rafsel, San Franci-co, Berkeley and other parts of the State. David Shoemaker came up last night from the Cooper Medical College, San Francisco, and will spend his two weeks mid-summer vacation st home, New Suits. A. J. Ridge, a Grass Valley lawyer, has begun suit in the Superior Court wainat Josepli Kneebone to recover 6300 for counsel fees and $16 on an weconnt for advertising assigned to duiatiff by Publisher Spaulding of the Cidirgs. George Schmidt and wife sue at‘orney Kittts of (iravs Valley to recovar $1,200 damages. This auit growr sat of litigation wherein Mr, Kitts war attorney for the Schmiddta, REESE A LOST ADDRESS. A Trinidad Lady Writes to San Francisco for It. Mrs. Harriet McNamara of 819 State Street, Trinidad, Colorado, while visiting in st, Louls last summer, did not suffer with her usual sick headaches and indigesti But upon her return to Trinidad her old troubles came upon her. It was not the 8. Louis climate that did so much for her. The secret is told in the following letter, received by Thomas Price & Son, the wellknown assayers of 624 Sacramento Street, 3an Francisco. Mrs, McNamara writes: — “Three months since I was visitin 4 3t.-Louls, and obtained two bottles of Voustabte sue pad oy It was of great rel ef to me-in hes and indi Spry ol tince my rel urn cs my _honje' in { feel the need of it, and as T hive int the address I write to Pa ago to ask if you will Lot kindly forward letter to the proper uumber in San if bare te and have me ‘ent a few more bottles of this valuable vegetable compound.” People having used Joy's Vegetable Sarsaoarilla once send hundreds of miles to get it again, as in the above instance. SupveEN changes of temperature and ‘umidity of the atmosphere often prot‘uce disorders of the kidneys and bladler. “Use Dr. J. H. McLean’s Liver nd Kidney Balm to check t':ese troubes in their incipiency. For sule by Jarr Bros, Facts speak louder than ‘words. timmons Liver Regulator will alwayr sure. 2c Fine pasturage for live stock at the, Sutton Ranch between Nevada City ind Grass Valley. Apply to Geo. C. Gaylord, Secretary Nevada Counts Land and {[mprovement Association, or atthe Ranch. tf. A cream of tartar baking powder. Highest of all in leavening strength {W. D. VINTON, AT SAN. . 0 g eT OR HOOLS legislation. ~ [hy reason of the . .tter provisions above —o : oo HERE Me ters of Zeca Interest. One of the lads who created trouble at the Salvation Army barracks at Grass = has been arrested and fined. The plans for the new school building at Grass Valley which, when modified soméWhat, will undoubtedly be accepted by the Board of Education, were submitted by Julian Mourot of Modesto. Tidings of Tuesday: I. J. Rolfe was in town this morning. Asked for an item, he said that near Noell’s he me 4 #@ wagon drawing a three-wheeled wayonette owned by Henry Lane behind it. Another wagon containing the missing fourth wheel of the wagonette followed, two of Lune’s horses tied bi« hind, In the rear, ina buggy, was Lane personally. David Jones has: brought suit in a Grass Valley justice court against Ed. ;Sampson, as Public Administrator, to recover between $69 and $70 alleged to be due fur services in taking cure vf the property Uf the late John Pree: ton, at Union Hill, Jones avers that his services in thia connection were vnlisted by the Public Administrator , who Dow reluses to accede to his demand for pay went, Rev. in aahil. Relative to the cba charge that Rev. Dr. Hill, tormerly of this city, white chapayo received the dying confession of a vunvict, to the effect boat -there were then ia the prisoa two young meg, vunsigned there for life on his own ialve testimony, and yet made. no mention of the. inatter nor made any vlfurt to bring this confession to the atsention of the authorities, with a view 0 securing the pardoa of the innocent convicts, the Uskland ‘Limes says: *Ludre must be sume miswke abvut this. De, Mul is w ciergyman highly cespected in the denomination to which ae belougs, aid of good yeneral regute, ‘Chat he should be guilty of such anpurdonable neglect, and shuuld excuse hunosell for Ww when brought ‘to 18 wtteniiuu, In that indifferent and auvarligas tmuanuer, is incredibie and Ahi sany Ovo Uellvved by his tmends on +8 inust wuuodaut and ‘undoubted proof, Let ult the facts be made 4uus0; tue svoner the: better, Dr, cliil shuuld be heard from,: and over us OWN Biguature,”” i scealaeeentantiattadienemtansndaiinmnmaitiaetemianteaed seca MPuaace jo eelany Might. At Odd Fellows Hall under Prof, Michell’s management. 2b Professleaal Viols. Mrs, Professur Frank leaves on Cuveday for Nurih Biouifield, Moore's Stat aud Kureke on & protesmonal tript sud Will remain in that suction. abou sue Week, Sue will be prepared to vake and fit eye glasses tu order, and sUarautees perieut eatinfuction, 019-3t SCROFULA insightly lumps or swellings in the neok; which causes running sores on the arms, egs. “r reet; which develops ulcers In the .yes, ars, or nose, often causing blindness or leafness; which (s the origin of pimples, canserous growths, or “humors;" which, fastening upon the lungs, causes consumption and death, It isthe most ancient of all diseases, and very few persons are entirely free from it. “cae CURED By taking Hood's Sarsaparilia, which, by 4 the remarkable cures it has accomplished, has proven itself to be a potent and peculiar medicine for this disease. If you suffer from «srotula, try [lood's Sarsaparilla, “Every spring my wife and children have been troubled with scrofula, my littlo b,. three years old, being a terrible sufferer, Last spring he was one mass of sorcs from headtofeet. W6alltook Hood's Sarsaparilla, and all have been cured of the scrofula, My little boy is entirely free from sores, and alt ‘our o1 my children look bright and healthy.” W. DB. Aruxrroy, Passalo City, N. J, Hocd’s Sarsaparilla Suid by all druggists. $1; six for g5. Prepared only vy C. KOOD & CO., Apothecaries, Low7ll, Mase, 100 Doses One Doilar i. & CALKING S P. BROWN BROWN & CALKINS, Book, Newsvaner and Job Printers. UBLISHERS OF THE NEVADA CITY DAILY TRANSORIPT, the leading paerin Northern Cailfornia. It was estabye September 6th, 1861, by’. P. Bro B & NEVADA DRUG STORE, Corner Broad and Pine Sree. NEVADA CITY ~-Frapeieer: Anor STOCK or PATENT MEDICINES ra Aniclen of Tina? Soaps, Brushes ‘ul era 44 Fadi to componding, riptions by a competent Druggiat and “pertect partir, guaranteed. BARTLETT AnD orwe7.n = PEARS WANTED ! THE HIGHEST MARKET PRICE '~ PAID FOR; DR. C.L. WALK, Marketable Pears. DuNnTisT OF, Beg. oo VALLEY, WILL visrr NEEnquire of Wednesday of Each Week. E. BOOTH, Clos ot te ee Corner Ping and Commercial Streets, Nothing but first-class Guished work. ; Teeth extracted without pals, “ Nevada City. Cal. win of San Qientin Privou, three years ~ ‘s that impurity of the blood which produces ; ee er