October 2, 1889 (4 pages)

Outs ower here f the nin from aAy10) [ sel » All sc = i=) ° = called e for 10 Boss od han8 little eat an Se bough day. { Imoe tely se FRBIN. 2M ATID. . iS OD OF of Neey have p in the kin g, . Street, ; in their best of . Road the best ‘anted to so that it from any stouvoid heavy or on in eymployed, NK, ada Oity 30 000 ansacted. PAYABLE Amento JH ANGEhe prin. RITAIN ‘tof the Counts en, urPRESIDEY ~ PRESIDENT , CAsHIet and Szc’Y T. Mone MORGAN. USMAN, ‘% ak (ip. 0. bili ae 52 Office. “times. He is about fo be tried for hix ; From the first of these they will begin ‘will furnish, free of charge, all the insie ~ il Sor The Daily Transcript. WEDNESDAY, OOTOBER 2, 1889, t x Gleatted From the “Tidings.” Steam will be turned on at the Har tery this week. : A clean-up from nine tons of ore from the South Banner mine has been made at the North Banner mill. The South Banner is owned by John Spaulding and others of Nevada City, and the best of the ore was picked _ from the dump and has been sent to Sebley’s for reduction. That crushed here returned $15 perton, which was ‘very satisfactory, under the circumstances. es = In Sonora; Tuolumne county, lately James Rowe carved Wm. Webb into mincemeat, so that he died. The men were partners and quarreled while on a@ spree. The murderer resided in Spenceville, Nevada county, for a period. Although addicted to the flow ing bowl, he nevertheless bore a good name as a kindly disposed man at all life and has called to his assistance Richard Williams of this city, a relitive by marriage. Webb was an exconvict. An Immense Tunnel. — A mining tunnel—is-to—be—run—in Chili that will extend from Iquiqni to Hantagia. It will be eight miles long, 14 feet wide and 20 feet high. , In go‘ing less than 600 feet the tunnel will havé attained a depth of 1,200 feet, and the end of it will tap the Desculadoca mine at a depth of nearly 3,500 feet. In its course. of eight miles it willcut over 80 lodes. to take out ore soon after the tunnel is started. > The Chilian tunnel will, be a big thing, but no bigger that the projected Gold Bank tunnel which they are talking of running through the Nevada City and Grass Valley districts The main Gold Bank tunnel will have a length of 8 miles and the branch tunnels will aggregate 5 of 6 miles more. It will have an average lateral depth below the surface of 2,400 feet, and will tap more and richer quartz ledges than the Chilian affair will. Items From Tuesday's “Union. C. W. Kitts, attorney for Samuel Hedge and John McLean, who were convicted in the Superior Court of Manslaughter, has drawn the neces sary. papers and will move the court for a new trial on the showing that he will make; The date set‘ for the sentence of the parties is Thursday of this week, James Seymour and William’ Wall will have a wrestling match, Cornish style, at Van’s opera house, on Saturday evening, October 26th, for $50 a side, $10 forteit. The match was to have taken place last Saturday evening, but Seymour having received an injury to his hand a postponement was had. : James R. Nickerson has engaged to act asagentfor J, T. Bogue’s Ophir Hill and Sutter county nurseries, which will have 500,000 trees forsale . during the coming planting season. Billed a Coon. Uncle Peter Purdon down. at the San Juan Crossing is evidently getting his young eyes back. Monday night he killed a fine fat coon with eight rings on its tail, and he sent it to the Transcript with his “compliments. The recipient does not know. how to cook itso as:to make it taste best, therefore he will forward it tothe Telegraph man who hails from Qoontown itself. Col. Shoemaker willdish it up in style and the other newspaper fellows of the county will probably be invited to help eat it. Settling the State. The Southern Pacific Company Colonization Agency is the latest venture ofthe railroad in the matter of advertising ‘the State. The agency’ formation at its command regarding Government lands, and with endeavor to settlethem up. Every part of the State will be considered, and settlers suited to each secticn will be sought. The main office will be in San Francisco. = Money im the Treasury. The chairman _ of the Superyisors, District Attorney and Auditor on Tuesday counted the money in the County Treasury and found on hand? $35,772,67, which is 40 cents in excess: of the amount the books call for. It was in character as follows: CRON a vieics s wa sicpcen eae $27,391.04 BUVOR oi cae cieate 00 Currensy. 6. eis ee 1500 Warranté.:.:.<.5 cusp ecee 8,163.63 Going to the Mine. W. 8S. James of Gold Hill, President of the Ceritennial Mining Company, arrived here Tuesday. In company with Superintendent Henry Richards and W. M. Davies of the Derbec mine he will on Wednesday visit tlie Centennial and make arrangemeats for resuming work there. Gratifying te All. The high position attained and the universal acceptance and approval of the pleasant liquid fruit remedy, Syrup of Figs, as the most excellent laxative known, illustrate the value of the qualities on which its success is based and are abundantly gratifying to the Cal. Fig Syrup Company. % “s9psooey ‘NVOUOW “TE 'M ‘ulwidey ‘AvEH “y‘orH =“ wugjiun ensyney ‘pase o} peSin st WyAWy ag Asoaq “pg 1090;909 ‘Buluosg Aup “BouUpEA UO . [¥A AloUUYy 4v ploy eq I ““d JOM “UA ‘OT “ON ‘uOwIC UyByaNO70 Buyjoour svjuser’ and Affirms the Other. Superior Court-of this county ; Wituiam G. Ricwarps Ev at. , ResponDENTS, vs. Tue Trave.ers’ INsuRANcE CoMPANYHELD, reversing the judgment of the Court below : That a party suing on a contract to pay money must show a breach of the contract or his complaint shows no cause of action. That submitting a demurrer without afgument is not a waiver of the points raised by the demurrer. That the doctrine that a defective pore may be cured by verdict a8 no application where there is‘an entire absence of a material allegation. This is an action on-a policy of life insurance. Thereis a demurrer to the complaint on the ground that it did not stute facts sufficient to constitute a cause of action. The demufrer was overruled; the defendant anawered, denying the material allegations of the complaint and setting up some affirmative matters. There was a trial by jury, yerdict for the plaintiff and judgment accordingly. The defendant appeals on the judgment-roll. The only point made in this Court is that the demurrer to the complaint was improperly overruled for the reason that there was no allegation in the complaint tnat the policy-was unpaid, or any allegation showing a breach of the contract. : . A party suing upon a contract to pay money must show a breach of the contract. or his complaint states no cause for action. Therefore, it is held that the complaint must, in such cases, allege the non-payment of the money claimed under the contract. (70 Id., 75; Morgan vs. Menzies, 60 Id., 341.) Numerons other decisions of thir Court might be cited, but the question is t60 Well settled in this State ta render such citations necessary. The complaint was fatally defective in this respect. It contained no allegation of non-payment; nor is there any allegation from which auch nonpayment can be implied. Counrel for the respondent attempts to meet the objection on two grounds, viz., that the demurrer appears from the record to have been submitted without argument, which should be taken as a waiver of the point, and that the defect was cured by the verdict in favor of the plaintiff. Neither of thece grounds can be maintained. We know of no rearon for holding that a party wt:o submits a demurrer without argument thereby waives any objection raised by the demurrer. .The objection is taken by the demurrer and not by the argument, and it points out to the Court and the opposite party every objection to the complaint that is raised by such ademurrer. It is the duty of the opposite party to look to his pleading and see that it is sufficient to withstand such a demurrer, and it is equally the duty of the Court to examine the pleading and determine as to its suftiviency, whether the demurrer is, aryued or not. The doctrine that a defective pleading may be cured by verdict has no application where there is an entire absence of a material allegation. (Bar. ron vs. Frink, 30 Cal., 489; Morgan vs. Menzies, supra.) Judgment reversed. We concur: TuorntTon, J., Paterson,.J., Suarpstem, J., Fox, J., Beatty, C. J. Worxs, J. Moxa@an xv at, Resronpents, v8. Longs, APPELLANT. Town-Srre Acts—Inrergst or OccuPANT—SePARATE Prorerty—The occupant of landa for whose benefit the Town-site Acts were has an equitable interest in the lands. And if such oveupant is an unmarried woman and marries, such interest is her reparate property. And this is so, although the patent from the Government to the municipal authorities has not issued. The property does net become community property from the fact that the husband advanced the fanda necessary to get a conveyance from the municipal authorities. This wag an action to quiet title as to several lots in Nevada City. “As to some of the lotethe Court gave judgment for the defendant, and to the other lots.the Court gave judgment for the plaintiff, from which judgment the present appeal is. taken by the the defendant. The evidence is not brought up. The defendant contends that upon the findings the judgment should have been for him. The material facts shown by the findings are as follows: The plaintiffs’ testatrix, one Mary J. Lones, was the wife of the defendant. Before her marriage she had a ‘ possessory title’’ to and was in possession of the lots in controversy on this appeal. The land was then public land atid the title was in the United States’ Government. After the marriage the tract covered by the town was conveyed by the Government to the Board of Town Trustees ‘‘in trust for the several use and benefit of the occupants thereof.” And subsequen ly thereto the husband made application that said lots be conveyed to the wife, which was done. The sum necersary to be puid to the municipal authorities was paid by the husband out of his separate property. The difference between this case and that made on the other appeal is that “‘possessory title’ before the marriage, while there the husband entered into possession under deeds from prior oceupants after marriage. Upon that state of facts it was held that under no view tliat could be suggested was the property the separate property of the wife. We think, however, that as to the lots involved in this appeal'a diffuenueny ‘sqstuy 218 } TWO NEVADA < GITY CASES. The Supreme Court Reverses One Following is the full text of the Supreme Court decisions in two Nevada City cases recently appealed from the here the wife was in possession under . entwined atonere — iene ee es as argued for the defendant, that mere possession of public land gives no right against the Government. But the Government has chosen to convey the land to trustees in trust for the occupants ; and we think that the wife Was one of the beneficiary class. She had heretofore an equitable interest which was her separate property. This was held in the case of Eversdon vs. Mayhew (65 Cal., 168.) The only difference between these cases is there the patent to the municipal authorities had issued before the marriage. Here it was issued after the marriage. But we do not think that this alters the case. ‘The question is, what was the class of persons whom the town-site intended to protect?’ The act itself (quoted on the former appeal) designated such class as consisting of those by whom said lands have been “settled upon and occupied.” It must be taken from the findings that either the»wife or those from whom she acquired her ‘‘possessory title” had settled upon_and occupied said lands before her marriage. The circumstances, therefore, which entitled her to the bounty of the Government occurred before ber marriage. And this being so we think ‘that the conveyance of the Government title to the town authorities was for her benefit, and that the fact that she married before the patent to the Board of Trustees has issued is immaterial. The wiie being the owner of the equitable estate as her separate property, the husband could not turn it into community property by advancing from his own. funds the sums ‘necessary to obtain the legal title from the municipal authorities. (Fuller vs. Ferguson, 26 Cal., 566; Noe vs. Card, 14 Cal., 600.) If there is any expression inthe former opinion in conflict with this proposition it is inaccurate and was not. intended to assert the contrary of what is here stated. The question as to whether the property 1s the separate property of the wife is the only one discussed by counsel, We therefore advise that the judgment appealed from be affirmed. Hayne, C. We concur: Foors, C., Gisson, C. THE CouRT. For the reasons given in the foregoing opinions the. judgment appealed from is affirmed. HERE AND THERE. A Brief Record of Various Matters of Local Interest. Extensive repairs are being made to Henry Lane's livery stable: Several boxes of fruit were shipped to Stockton Tuesday to replenish the Nevadacounty exhibit at the San Joaquin county Fair. The interior of the Dancing Academy has been renovated in fine style. There will be a soiree Saturday night. From ‘eight to nine o’clock the ‘‘York”’ will be taught. i Persons having claims against the committee on county exhibits at the State Faircan zet their money by applying toChas. E. Mulloy, secretary of the committee. The suit of Sherwood against the Water Company, Milton Mining a to recover several thousands of dollars for dumages resulting from the breaking of the English dam a number of years ago, has been dismissed in the Superior Court of Sierra county on motion of the attorney for plaintiff. It is said the case was compromised. Ah Gin, discharged from the county jail a few days ago, got drunk again Sunday night and raised a big row in the Grass Valley Chinatown. He has been’snt back to enjoy Sheriff Dunster’s hospitality for 20 days more. ‘‘What’s the trouble this time?” he was asked by the Sheriff ashe returned to his former quarters. “Alle same befo’—too muchee blandy,”’-he frankly responded with a broad’ grin. His: Stere Burned. Chas. M. Palmer, who arrived here afew days agc.to attend the golden wedding of his parents, has received. a telegram stating that his clothing store at Butte City, Montana, was destroy” ed in the big fire that occurred there three days ago. The property was insured. Rear a ae ab oS OR Ea Breathing the-Germs of Diseasc. To inhale the germs of disease with their daily breath is the fate of denizens of ma laria-scourged localities everywhere. The endemic atmosphere poison may, however, be reft of its venom and rendered innoxious by a defensive use of Hostetter’s Stomach Bitters. This preeminently safe and effective remedy and safeguard not only eradicates the disease when developed, but enables the system to safely brave its assaults. Every physical function is confirmed in or restored to regularity, the circulation is quickened ifsluggish, and a bilious habit, which of itsulf begets a proneness to both intermittentand remittent types of malarial disease, where extrinsic atmosphere causes _.exist, powerfully counteracted by this inimitable fortifying and defensive agent, which has, moreover none of the disagreeable characteristics of a drastic cathartic or an alkuloid. Fever and ague, dumb ague and ague cake, and the c@entura ofthe Isthmus, are conganes® by: it surely, Hieceanily. Rheumatism, neuralgia, gout, kidney and bladder troubles, constipation and indigestion yield to it. Pears’ is the purest and beet Saag ever made. a. aoa When Bapy wus sick, We gave ber Castola Wher she was a Child, She cried for Castor. When she became Miss, _ ‘Bhe clung to Castoria When she hed Children, — CHICAGO PARK. Progress at the Colony—A Sume mary of Improvements. The Horticulturist says: We want to say to tho<e who were considering the adviaability,of investing in Chicago. Park lands at the time Southern California was glorifying in her boom, and who were ‘“‘scared off’ by the bursting of the bubble over 400 miles south, that Chicago Park has gone right on in a quiet, but ‘sure way, to improve steadily. The first season foun.! Charles Stafford planting thirty of his forty acres, besides building a house, etc. He planted a variety of fruits: The second season found his peach trees bearing, ahd, during the paet summer, we ate some delicious peaches picked from those trees. : E. F. Sailor built himself a comfortuble home, and planted about eighteen acres to a variety of fruits and nuts. Next season his fruit and nut trees will bear fruit’ H. W. Buchman planted a variety of fruits and vines on twenty-five acres. Mr. Burkhardt planted five acres the first season and five more the following, mostly to Bartlett pears. J. B. White set out an eight-acre orchard in apples and prepared ground for planting the following season. Several others, whose names we have not at hand, planted, anda number of others prepared ground to be planted. Among them A. N. Jennings, Jacobus brothers, John Tarrant, 8. H. Graham, S. Lissenden and G. E, Hulett. A, McCorkell planted twenty acres toa variety. of frnits; Dr. S. E. Hulett planted ten acres in Bartlett pears; F. J. Squibb, seven and one-half acres in Bartlett pears; Dr. Charles Pusheck fifteen acres, mostly Bartlett pears; Mrs. C. H. Briot, twenty acres in Bartlett pears and prunes; C. B. Wilson, five acres in~ Bartlett pears; W. P. Gunthorp, five acres in Bartlett pears; W. A. Wigley, five acres in Bartlett pears; Buhman & Haneen, ten acres, Bartlett pear sand peaches; George Williams, five acres in Bartlett pears; H. T. White, five acres in various kinds of fruits. Several others enlarged their planting and intend repeating it this season. Noplace inthe county has set out as large an acreage in such small limits, as the Chicago Park people did. The young orchards are all doing very well, Among those who intend improving or adding to their improvements the coming winter ‘. are Dr. Charles Pusheck, G. E. Hulett, Mrs. Luttie Holt, Buhman & Hansen, George Williams, C. B. Wilson, C. W. Burd, M. Schreiber, W. P. Gunthorp, C. H. Rice, E. H, Harmes, Charles Staffouru, H. 8S. Burkhardt, H. W. Buchman, W. H. Kipp, J. B. White, and probably others.’ During the last season several of the colonists have purchased additional land, but while sules have been slow, in two or three years there will be no. land to be had in the colony. The hotel has not yet materislized, owing to the colonists who undertook to put it up by subscription among themselves not being able to raise enough to go ahead. Each one it seems wants his neighbor to do it, preferring to have his property improved at his neighbor’s expense. But the Hotel Company not having shown itself equal to the task, by reason ofthe weak support of the property owners who are to be benefited by it, the colony enterprise arranged to build it and put into it proceeds of sales of land, so that the promptness in meeting due notes will determine the progress made with the hotel, as svon as the rainy season is over. Mrs. Lottie Holt is to improve ten acres just south ot and adjoining Squibb’s ranch this winter. C. H. Rice intends improving part of his ten acres this coming season. He has a fine piece of ground, easily cleared. M. S8Schreiber and family intend moving to the. Park the early part of October. Mr. Schreiber will iunmediatély commence improving his ten acres and attend to similar work for non-residents. Wheatiand Four Corners Items. Five more men bave been employed on the Good Hope mine near Spenceville. Mrs. L. Pittman, the lady who broke her arm in the hop fields last.month,is seriously ill with fever at ler home in southern Nevada county. 2 A Fortunate Druggist. Mr, Edwin W. Joy for many years and now a Prosperous druggist on the corner of Stockton and Market str: in San Fr probably never dreamed of rivaling in wealth the medicine kings of the country. But various rumors having been floating around to the effect that he has struck it big, an Examiner reporter was detailed to unearth the cause, and after much difficulty unraveled the following story: It seems that about seven years ago an English physician, a great student of botany, located in this city. His practice was not extensive, and yet the few cases that came to him attracted no Uittle att His d to be ia the treatment of liver and kidney disorders, and vitiated blood. In fact his ability.to cope with these common complaints was marvelous. He scemed almost infallible, and his quiet modest methods and his well-kept secret was as much @ mystery as himself. After his departure about a year later Mr: Joy determined to fathom the secret, and copying all the prescriptions he had filled for the erratic doctor he began a systematic analysis. Ih his exam. ination he discovered running all through the prescriptions for liver and kidney troubles, Vitiatea blood and stomach disorders « couple of vegetable extracts indigenous to California, #0 simple and so well known under homely every day na mes to every school boy as to entirely dissipate the suspicion that they were the active principles involved. 80 certain, however was Mr. Joy that he had discovered the secret, that he embodied the new elements in s preparation of Sarsaparilla to disguise the taste, and put it before his customers under the modest name of Joy’s Vegetable Sarseparilis, Immediately the came marvelous stories came back of its astonishing effects, and the mystery wae solved, and the talk it has crested has alzeady caused it to step into prominence, and orders pour in daily from all over the coast, THE San~ Francisco Evening Post is the leading evening paper of San ferent conclusion results. It is wen, @ he gave thew Castoria Francisco. ‘Or a darling son oeteeeee by ruffian force PERSONAL MENTION. secial and Other Notes About People Old and Young. Emmett Costello has returned from the Bay. : W. A. Trephagen of San Francisco is in town. Mrs. J. B. Treadwell and child came down Tuesday from North Bloomfield. Joe Lavezzola of Downieville has gone to Martinez to look after some property he has there, eee A. Leffler and John Mora were in town Monday night on their way from Sierra City to Arizona. Dr. 8S. M. Harris, who has been attending medical lectures in San Francisco, is at Grass Valley. Mr. Angove and wife of Chips Flat, who have been below on avisit, returned Tuesday to their home. D. J. Buckley, foreman ofthe California mine, and Dan Horrigan came down Tuesday from Graniteville. Rey. A. B. Spaight, formerly of this city, has resigned the rectorship of the Episcopal Church at Marysville. J.M< Cummins of North Bloomfield went to Sacramento Monday night. He may conclude to remain there. Mrs. George F. Jacobs has issued invitations for a whist party to be given at her home on Friday evening next. H. Baker of Fresno, who has been visiting his sister, Mrs. James Haggerty of Sierra City, went below Monday night. Miss L. DeBour of San Francisco was in town Tuesday evening on her way to North Bloomfield where she formerly resided. : J. 8. Jaquith, who -ha’ been engaged in constructing hoisting works . , on the Gold Bluff mine near Downieville, came down Monday. J. H. O'Connor. of the firm of O’Connor & Morrison has returned . , from a trip to the Bay where he purchased a winter stock. THE COUNTY EXHIBIT. Financial Statement ef the Cemmittee in Charge. The following is a statement of the receipts and expenditures to date by the committee in charge of the recent exhibit of Nevada county. products made at the State Fair. There are still outstanding a few bills aggregating in the neighborhood of $60, and there is due the committee about the same amount as rebate on freight: RECEIPTS. Balance in hands of Commit(OG Jat) 6 icscccivccces $ 315.48 Board of Supervisors Aug. 13. 1000.00 Sale of fruit Sept. 25... 16.00 Second premium for county exhibit at State Fair.-. Individual premiums at State PO RS ticks Entrance fees returned by individual exhibitors. . : => 54.00 Ee ee $1984.48 DISBURSEMENTS. J. R. Nickerson, balance due. seer marron enscmnanetan . tried Hood’s Sarsaparillain this prepPERILS OF MINING. A Decision as to Responsibility Fer Accidents. : Sometime since John L. Liddell brought suit in the United States Cireuit Court against the Societe Anonyme de Golden River to recover the sum of $50,700 damages for injuries alleged tohave been sustained by the plaintiff while employed as a miner in a tunnel in the Red Point mine,situated in Placer county, and owned by the defendant corporation. The injuries complained of were caused by the falling of a quantity of sand and gravel from the roof of the tunnel upon the plaintiff. The case was tried before Judge Sabin, and when the testimony was all in counsel for defendant asked the Court to instruct the jury to find a verdict for the defendant on the ground that, ifthe evidence established’ any “Tene SANS ANS Oi lavica, Hows Sarsayailla Heed’s Sarsaparilia purifies the blood, builds up weak and debilitated systems, negligence, it was on the part of the foreman ofthe mine,and that plaintiffcould not recover forthe negligence of a fellow-servant, and that the-injury complained of resulted froin a risk incident to the business and employment, and from perils seen which the plaintiff had only to use his senses to avoid, and that such injury was the result of his own lack of ordinary care and caution. The Cour granted the motion. SSSA ORT RAE EON OY TT Tux confidence of people who have aration, is remarkable. ‘It has .cured many who have failed to derive: any good whatever from. other articles. Wie we 138.00 Freight and expressage.. 269.80 Railroad fares.... 24.50 SUGDHGE §. cyi8 icc 5 ti ace 77.00 Entrance fees for individual premiums.... 110.00 Assistants at State Fair.. 84.00 EMR 5 ais occ eae Os cs ce s' 66.00. Incidental expenses... 40.00 Sundries. ccs cc. Viaie 45.60 J. R. Nickerson, salary.:.. $20.00 Expenses of Committee. .. 57.00 Collecting products.. svess 1SB15 VOU PRINCI 66 i occ cs cen 25.00 Committee premiums.. 135:00 State Fair individual premiUe nee reg ery eae ree 145.00 Total.. ees CESRLG ULES S $1665.05 Balance in hands of Treas. 319.43 $1984.48 Grace Valley ‘Telegraph’? Items. Contracts for sinking the shaft at the North Star mine are to be let. Monday morning James Hughes, an employe. on the Narrow Gauge railroad, came near being killed by a Miss Ella Slocum, recently of Bos-{cave in the railroad yard. He was ton, arrived here Tuesday and will take charge of the millinery depariment of Mrs: Lester & Crawford’s store. She is an artistic builder of ladies’ headgear Theodore Wells, formerly of this city but now manager of an hotel in Salem, Oregon, was married at that place on Sunday last. Mr. Wells and his bride areexpected to arrive here’ this week for a visit to his parents. Henry Shively, one of the oldest gravel miners of the county, and one of the first men who stuck a pick into the Brush creek diggings of this township, where he was foreman of a claim foreighteen years, is in town. He has-lived-at-Moore’s Flat-since-1870, At the Union Hotel Monday evening a whist party was given in honor of Miss Jennie Kelly of Nevada who is visiting friends at this city and will take her departure Wednesday for San Francisco. There were five tables of players. The first prizes were won by Mrs. Goo. EF. Robinann and F. 0. Rollo, the boobies being Mrs. W. D, Long and H. Newell. A TEMPERANCE TALK. — Mrs. Merritt's Address at the Cone gregational Church. At the Congregational “Church” last Sunday evening, Mrs. H. J. Merritt gave anable and scholarly address on the subject of temperance. She spoke of the universal appetite for alcoholic stimulants, saying that where the juice of the grape cannot be obtained other fruits and vegetable growths are found from which the baneful poison can be extracted. The Egyptians made wine from figs, pomegranates and the sap of the palm“tree. The Tartar, roaming with his herds over the vast plains,drinks fermented milk. In far off Kamechatka, where neither fig nor palm, grape ‘hor dal #8 grow, and the orily available product of the cold, damp ground is the toadstool, they extract from that fungus growth a juice capable of fermentation, and prepare a liquor which causes intcxication and at the same time increases their miseries. Nearly 3000 years ago blind Homer sang of Helen of Troy and of the magic dranght she mixed with her own fair hands and offered to her guest Telemachus: “Charmed with that potent draught, the elated mind , All sense of woe delivers to the wind. b heppigy on the blazing pile his father lav, Or a loved brother groaned his life away, Falla bréathless at his feet a mangled corse, From morn to eve impassioned and serere The man entranced would view the dreadful scene.” And thus itis today, continued the speaker. Men drink the poison and forget their duties, neglect the claims of home and family. As it was in the beginning when all was darkness and chaos and the spirit of God moved upon the face of the waters, again will come a new Heaven and a new earth. “Right shall no longer be left on the scaffold, while wrong ison the throne.’’ The Christian churches should be first in the work, she contended. The pulpit should proclaim it, the Sabbath school study it, and church members talk it at home, abroad, everywhere. Let California, the Kohinoor among Columbia’s jewels, take her proper place in the onward march, and Nevada, fairest among her counties, be foremost in the work of humanity. Girl Wanted. To do general housework in a pe vate family. Apply at this office. working under a bank near where the new blacksmith shop is being erected, when a portion of the bank gave way and tons of earth fell. He sustained ders and thigh. Last Saturday night Richard D. Lawrey, working a cross-cut from the tunnel: in his mine on Wolf creek, struck a rich ledge of from 8 to 10 inches in thickness. An old miner, who has handled the sledge and drill in the Empire mine for years, says that the 1800-level will open up well and the 1900-level ‘‘will be a daisy.”” He.calls to mind the history of the Empire and he knows how.the ground is in that famous old mine. Work to open the levels spoken of is going forward. egestas error EET BORN. In this township, Sept. 30th, to “the wife of W. W. Kirkham, a daughter, THE OLDEST HOUSE —AND THE— CHEAPEST PLACE in Newada County. Established August 5th, 1856. G. E. TURNER, PROPRIETOR, The Largest Stock of HARDWARE ; 3 In Nevada County. The Largest Steok of g STOVES AND RANCES ln Nevada County, The Largest Stock of IRON AND STEEL In Nevada County, Tho Largest Stock of GUNS AND PISTOLS In Nevada County. The Largest Stock of CROCKERY AND LAMPS In Nevada County, The Largest Stock of : GLASSWARE AND VASES j In Nevada County. The Largest Stock of PLATED WARE In Nevada County. The Largest Stock of TINWARE In Nevada County. The Largest Stock of GRANITE WARE In Nevada County. The Largest Stock of WOOD AND WILLOW WARE In Nevada County. The Largest Stock of PAINTS, OILS AND VARNISHES In Nevada County. The Largest Stock of CUTLERY = In Nevada County. The Largest Stock of DOORS AND WINDOWS LEATHER é '~ GAS AND WATER PIPE BRASS GOODS BELTING AND ROPE, PLOWS.AND SCYTHES, ' SEWER PIPE, CHIMNEY PIPE, ~~ In Nevada County. And Everything else usually kept in an Establishment -of this kind. . GEO. £. TURNER, Pine Street, Nevada City. a ot several severe bruises about the shoulFor di caused by imptre blood or low state of the system it is unsurpassed, ROYAL Ca — a POWDER Absolutely Pure. mpxis POWDER NEVER VARIES. A MARvel of purity, strength and wholesome: ness. More economical than the ordinary kinds, and caunot he sold in competition with the multitude of low-test, short weight, pons hos we yetkCw sr When tout cana, B ID POW D 2 5 PANY, i We i nAD ¥t ork. THE JOHNSON-LOCKE MERCANTILE CO., Sole Agents for the Pacific Coast. The Transcript is ‘the Best Advertising medium in Northern-Central California and known, and. — gives strength to weakened nerves, overcomes that tired feeling, tones the digestive organs, invigorates and regulates the kidneys and liver, expels disease and gives vigorous health, Young people say: “It te the best medicine we ever took.” Old peo j Ble say: “It makes us feel young again.” CRASH! BANG! WiIG CUT: ——DOWN GO PRICES —OF— ‘ COCKERY, GLASS, CHINA #-AND— . TIN WW AFR S. 30 Days of Reckless Cutting:! Ws CANNOT REALIZE HOW VERY cheap we are selling everything. Come to our store, examine our goods and seq our prices, They will astonish you., LOOK, THEY ARE CUT AWAYIDQWN, English Tea Sets, decorated, 44 pea. .§ 2 60 «. China Tea Sets, extra fine, f°) PCRs ces 6 75 Dinner Seta, 180 pieces, decorated .. 12 00) Chamber Sets, white 0 Chamber Sets, decorated, extra fine. 2 16 Waeh Sowls and Pitchers.... 15 Pretty Glass ‘Tea Sets... ‘ 30 Handsome Water Sete.. ieee 65 WE RRO E RECON ONB 504545 ceric eeetne 26 Crystal Cake Stands.,.15¢, 26 Fruit Bowls .,. -.esese 160, We and Me Berry Sets, great variety.... a Majolica Cuapidores © ./.... «eee Majolica Rutter Dishes. ..,. 6. ps) Majolica Fruit Plates, perset. .. . 6 Majolica Salads ee oe ; 1b Majolica Pitchers,nice-pat'ns,100, 150 & % MOIQUOCR BORGIR ic isiccsa ssh ceacce t's p) Majolica Soap Slabs... 2 : ; Great.Ametican Imp'g Tea Co. Commercial St., Nevada City. @@F Our Teas and Coffees are the best. Our Jrices the Lowest. Our Presents twice as large ns others.— Make no mistake, go to our Store and judge for yourself, Great Importing Tes Oo. ee gn eee Finest Potato in the County . WM. H. SMITH AVING BECURED THE CROP OF THE Phelan spuds will sell the same athia Store, om Commercial street, from now until the crop fs exhausted, These Spuds are raised on Shady Creek, and are admitted to be of the finest flavor eed wey BVUE ROU pors, oa . NNUAL Leese & We are now receiving ou purchases. Im Numerous Oo HARDWARE, PAINTS AND OILS, CROCKERY WARE, ta Hydraulic Pipe. In our Furniture’ Department we also Furniture, Beds, co Parlor Suites, All Kind In this Store will also be Wall Paper, Picture Frames Call and inspeet our Goods and learn our GLEARANGE ~SALE -~A Tr Shaw's Three Stores on Main St, Nevada City, o-———r regular Fall and Winter stock for 1889-90 and in order to make room for the same must get rid of mary goods carried over from last Spring’s We have consequently made Important Reduction in Prices ! = imeos = of = Goods. We keep for sale everything in the line of TINWARE, STOVES, DOORS AND WINDOWS, GLASS WARE, ETC. Sole Agents for the Hercules Powder. Made to Order.: Plumbing and Gas Fitting. challenge competition: We buy direct from Eastern manufacturers in large quantities and at the very lowest prices. Our customers get the benefit of these advantages. Blankets, Comforters, Window Shades, RNICE POLES, Ete. of Chairs and Lounges, UPHOLSTERING A SPECIALTY. Se tuiasthoaec sir A Very Nice Assortment of Willow Rockers. . Allof the Latest Easteyn Styles in this Department. Or A Few Hardwood Bedroom Suites bo be sold at a Sacrifice, —— + At our Carpet Store we have a big line of Fine, Medium and Cheap Carpets, We have in our employ one of the best Best Carpet-Layers in the county. found a wide variety of Mouldi O Ss, Bitc. e Made to Order. prices whether you want to buy or not. Proprietors of the 3 Stores on Main Street, Nevada City.

Outs ower here f the nin from aAy10) [ sel » All sc = i=) ° = called e for 10 Boss od han8 little eat an Se bough day. { Imoe tely se FRBIN. 2M ATID. . iS OD OF of Neey have p in the kin g, . Street, ; in their best of . Road the best ‘anted to so that it from any stouvoid heavy or on in eymployed, NK, ada Oity 30 000 ansacted. PAYABLE Amento JH ANGEhe prin. RITAIN ‘tof the Counts en, urPRESIDEY ~ PRESIDENT , CAsHIet and Szc’Y T. Mone MORGAN. USMAN, ‘% ak (ip. 0. bili ae 52 Office. “times. He is about fo be tried for hix ; From the first of these they will begin ‘will furnish, free of charge, all the insie ~ il Sor The Daily Transcript. WEDNESDAY, OOTOBER 2, 1889, t x Gleatted From the “Tidings.” Steam will be turned on at the Har tery this week. : A clean-up from nine tons of ore from the South Banner mine has been made at the North Banner mill. The South Banner is owned by John Spaulding and others of Nevada City, and the best of the ore was picked _ from the dump and has been sent to Sebley’s for reduction. That crushed here returned $15 perton, which was ‘very satisfactory, under the circumstances. es = In Sonora; Tuolumne county, lately James Rowe carved Wm. Webb into mincemeat, so that he died. The men were partners and quarreled while on a@ spree. The murderer resided in Spenceville, Nevada county, for a period. Although addicted to the flow ing bowl, he nevertheless bore a good name as a kindly disposed man at all life and has called to his assistance Richard Williams of this city, a relitive by marriage. Webb was an exconvict. An Immense Tunnel. — A mining tunnel—is-to—be—run—in Chili that will extend from Iquiqni to Hantagia. It will be eight miles long, 14 feet wide and 20 feet high. , In go‘ing less than 600 feet the tunnel will havé attained a depth of 1,200 feet, and the end of it will tap the Desculadoca mine at a depth of nearly 3,500 feet. In its course. of eight miles it willcut over 80 lodes. to take out ore soon after the tunnel is started. > The Chilian tunnel will, be a big thing, but no bigger that the projected Gold Bank tunnel which they are talking of running through the Nevada City and Grass Valley districts The main Gold Bank tunnel will have a length of 8 miles and the branch tunnels will aggregate 5 of 6 miles more. It will have an average lateral depth below the surface of 2,400 feet, and will tap more and richer quartz ledges than the Chilian affair will. Items From Tuesday's “Union. C. W. Kitts, attorney for Samuel Hedge and John McLean, who were convicted in the Superior Court of Manslaughter, has drawn the neces sary. papers and will move the court for a new trial on the showing that he will make; The date set‘ for the sentence of the parties is Thursday of this week, James Seymour and William’ Wall will have a wrestling match, Cornish style, at Van’s opera house, on Saturday evening, October 26th, for $50 a side, $10 forteit. The match was to have taken place last Saturday evening, but Seymour having received an injury to his hand a postponement was had. : James R. Nickerson has engaged to act asagentfor J, T. Bogue’s Ophir Hill and Sutter county nurseries, which will have 500,000 trees forsale . during the coming planting season. Billed a Coon. Uncle Peter Purdon down. at the San Juan Crossing is evidently getting his young eyes back. Monday night he killed a fine fat coon with eight rings on its tail, and he sent it to the Transcript with his “compliments. The recipient does not know. how to cook itso as:to make it taste best, therefore he will forward it tothe Telegraph man who hails from Qoontown itself. Col. Shoemaker willdish it up in style and the other newspaper fellows of the county will probably be invited to help eat it. Settling the State. The Southern Pacific Company Colonization Agency is the latest venture ofthe railroad in the matter of advertising ‘the State. The agency’ formation at its command regarding Government lands, and with endeavor to settlethem up. Every part of the State will be considered, and settlers suited to each secticn will be sought. The main office will be in San Francisco. = Money im the Treasury. The chairman _ of the Superyisors, District Attorney and Auditor on Tuesday counted the money in the County Treasury and found on hand? $35,772,67, which is 40 cents in excess: of the amount the books call for. It was in character as follows: CRON a vieics s wa sicpcen eae $27,391.04 BUVOR oi cae cieate 00 Currensy. 6. eis ee 1500 Warranté.:.:.<.5 cusp ecee 8,163.63 Going to the Mine. W. 8S. James of Gold Hill, President of the Ceritennial Mining Company, arrived here Tuesday. In company with Superintendent Henry Richards and W. M. Davies of the Derbec mine he will on Wednesday visit tlie Centennial and make arrangemeats for resuming work there. Gratifying te All. The high position attained and the universal acceptance and approval of the pleasant liquid fruit remedy, Syrup of Figs, as the most excellent laxative known, illustrate the value of the qualities on which its success is based and are abundantly gratifying to the Cal. Fig Syrup Company. % “s9psooey ‘NVOUOW “TE 'M ‘ulwidey ‘AvEH “y‘orH =“ wugjiun ensyney ‘pase o} peSin st WyAWy ag Asoaq “pg 1090;909 ‘Buluosg Aup “BouUpEA UO . [¥A AloUUYy 4v ploy eq I ““d JOM “UA ‘OT “ON ‘uOwIC UyByaNO70 Buyjoour svjuser’ and Affirms the Other. Superior Court-of this county ; Wituiam G. Ricwarps Ev at. , ResponDENTS, vs. Tue Trave.ers’ INsuRANcE CoMPANYHELD, reversing the judgment of the Court below : That a party suing on a contract to pay money must show a breach of the contract or his complaint shows no cause of action. That submitting a demurrer without afgument is not a waiver of the points raised by the demurrer. That the doctrine that a defective pore may be cured by verdict a8 no application where there is‘an entire absence of a material allegation. This is an action on-a policy of life insurance. Thereis a demurrer to the complaint on the ground that it did not stute facts sufficient to constitute a cause of action. The demufrer was overruled; the defendant anawered, denying the material allegations of the complaint and setting up some affirmative matters. There was a trial by jury, yerdict for the plaintiff and judgment accordingly. The defendant appeals on the judgment-roll. The only point made in this Court is that the demurrer to the complaint was improperly overruled for the reason that there was no allegation in the complaint tnat the policy-was unpaid, or any allegation showing a breach of the contract. : . A party suing upon a contract to pay money must show a breach of the contract. or his complaint states no cause for action. Therefore, it is held that the complaint must, in such cases, allege the non-payment of the money claimed under the contract. (70 Id., 75; Morgan vs. Menzies, 60 Id., 341.) Numerons other decisions of thir Court might be cited, but the question is t60 Well settled in this State ta render such citations necessary. The complaint was fatally defective in this respect. It contained no allegation of non-payment; nor is there any allegation from which auch nonpayment can be implied. Counrel for the respondent attempts to meet the objection on two grounds, viz., that the demurrer appears from the record to have been submitted without argument, which should be taken as a waiver of the point, and that the defect was cured by the verdict in favor of the plaintiff. Neither of thece grounds can be maintained. We know of no rearon for holding that a party wt:o submits a demurrer without argument thereby waives any objection raised by the demurrer. .The objection is taken by the demurrer and not by the argument, and it points out to the Court and the opposite party every objection to the complaint that is raised by such ademurrer. It is the duty of the opposite party to look to his pleading and see that it is sufficient to withstand such a demurrer, and it is equally the duty of the Court to examine the pleading and determine as to its suftiviency, whether the demurrer is, aryued or not. The doctrine that a defective pleading may be cured by verdict has no application where there is an entire absence of a material allegation. (Bar. ron vs. Frink, 30 Cal., 489; Morgan vs. Menzies, supra.) Judgment reversed. We concur: TuorntTon, J., Paterson,.J., Suarpstem, J., Fox, J., Beatty, C. J. Worxs, J. Moxa@an xv at, Resronpents, v8. Longs, APPELLANT. Town-Srre Acts—Inrergst or OccuPANT—SePARATE Prorerty—The occupant of landa for whose benefit the Town-site Acts were has an equitable interest in the lands. And if such oveupant is an unmarried woman and marries, such interest is her reparate property. And this is so, although the patent from the Government to the municipal authorities has not issued. The property does net become community property from the fact that the husband advanced the fanda necessary to get a conveyance from the municipal authorities. This wag an action to quiet title as to several lots in Nevada City. “As to some of the lotethe Court gave judgment for the defendant, and to the other lots.the Court gave judgment for the plaintiff, from which judgment the present appeal is. taken by the the defendant. The evidence is not brought up. The defendant contends that upon the findings the judgment should have been for him. The material facts shown by the findings are as follows: The plaintiffs’ testatrix, one Mary J. Lones, was the wife of the defendant. Before her marriage she had a ‘ possessory title’’ to and was in possession of the lots in controversy on this appeal. The land was then public land atid the title was in the United States’ Government. After the marriage the tract covered by the town was conveyed by the Government to the Board of Town Trustees ‘‘in trust for the several use and benefit of the occupants thereof.” And subsequen ly thereto the husband made application that said lots be conveyed to the wife, which was done. The sum necersary to be puid to the municipal authorities was paid by the husband out of his separate property. The difference between this case and that made on the other appeal is that “‘possessory title’ before the marriage, while there the husband entered into possession under deeds from prior oceupants after marriage. Upon that state of facts it was held that under no view tliat could be suggested was the property the separate property of the wife. We think, however, that as to the lots involved in this appeal'a diffuenueny ‘sqstuy 218 } TWO NEVADA < GITY CASES. The Supreme Court Reverses One Following is the full text of the Supreme Court decisions in two Nevada City cases recently appealed from the here the wife was in possession under . entwined atonere — iene ee es as argued for the defendant, that mere possession of public land gives no right against the Government. But the Government has chosen to convey the land to trustees in trust for the occupants ; and we think that the wife Was one of the beneficiary class. She had heretofore an equitable interest which was her separate property. This was held in the case of Eversdon vs. Mayhew (65 Cal., 168.) The only difference between these cases is there the patent to the municipal authorities had issued before the marriage. Here it was issued after the marriage. But we do not think that this alters the case. ‘The question is, what was the class of persons whom the town-site intended to protect?’ The act itself (quoted on the former appeal) designated such class as consisting of those by whom said lands have been “settled upon and occupied.” It must be taken from the findings that either the»wife or those from whom she acquired her ‘‘possessory title” had settled upon_and occupied said lands before her marriage. The circumstances, therefore, which entitled her to the bounty of the Government occurred before ber marriage. And this being so we think ‘that the conveyance of the Government title to the town authorities was for her benefit, and that the fact that she married before the patent to the Board of Trustees has issued is immaterial. The wiie being the owner of the equitable estate as her separate property, the husband could not turn it into community property by advancing from his own. funds the sums ‘necessary to obtain the legal title from the municipal authorities. (Fuller vs. Ferguson, 26 Cal., 566; Noe vs. Card, 14 Cal., 600.) If there is any expression inthe former opinion in conflict with this proposition it is inaccurate and was not. intended to assert the contrary of what is here stated. The question as to whether the property 1s the separate property of the wife is the only one discussed by counsel, We therefore advise that the judgment appealed from be affirmed. Hayne, C. We concur: Foors, C., Gisson, C. THE CouRT. For the reasons given in the foregoing opinions the. judgment appealed from is affirmed. HERE AND THERE. A Brief Record of Various Matters of Local Interest. Extensive repairs are being made to Henry Lane's livery stable: Several boxes of fruit were shipped to Stockton Tuesday to replenish the Nevadacounty exhibit at the San Joaquin county Fair. The interior of the Dancing Academy has been renovated in fine style. There will be a soiree Saturday night. From ‘eight to nine o’clock the ‘‘York”’ will be taught. i Persons having claims against the committee on county exhibits at the State Faircan zet their money by applying toChas. E. Mulloy, secretary of the committee. The suit of Sherwood against the Water Company, Milton Mining a to recover several thousands of dollars for dumages resulting from the breaking of the English dam a number of years ago, has been dismissed in the Superior Court of Sierra county on motion of the attorney for plaintiff. It is said the case was compromised. Ah Gin, discharged from the county jail a few days ago, got drunk again Sunday night and raised a big row in the Grass Valley Chinatown. He has been’snt back to enjoy Sheriff Dunster’s hospitality for 20 days more. ‘‘What’s the trouble this time?” he was asked by the Sheriff ashe returned to his former quarters. “Alle same befo’—too muchee blandy,”’-he frankly responded with a broad’ grin. His: Stere Burned. Chas. M. Palmer, who arrived here afew days agc.to attend the golden wedding of his parents, has received. a telegram stating that his clothing store at Butte City, Montana, was destroy” ed in the big fire that occurred there three days ago. The property was insured. Rear a ae ab oS OR Ea Breathing the-Germs of Diseasc. To inhale the germs of disease with their daily breath is the fate of denizens of ma laria-scourged localities everywhere. The endemic atmosphere poison may, however, be reft of its venom and rendered innoxious by a defensive use of Hostetter’s Stomach Bitters. This preeminently safe and effective remedy and safeguard not only eradicates the disease when developed, but enables the system to safely brave its assaults. Every physical function is confirmed in or restored to regularity, the circulation is quickened ifsluggish, and a bilious habit, which of itsulf begets a proneness to both intermittentand remittent types of malarial disease, where extrinsic atmosphere causes _.exist, powerfully counteracted by this inimitable fortifying and defensive agent, which has, moreover none of the disagreeable characteristics of a drastic cathartic or an alkuloid. Fever and ague, dumb ague and ague cake, and the c@entura ofthe Isthmus, are conganes® by: it surely, Hieceanily. Rheumatism, neuralgia, gout, kidney and bladder troubles, constipation and indigestion yield to it. Pears’ is the purest and beet Saag ever made. a. aoa When Bapy wus sick, We gave ber Castola Wher she was a Child, She cried for Castor. When she became Miss, _ ‘Bhe clung to Castoria When she hed Children, — CHICAGO PARK. Progress at the Colony—A Sume mary of Improvements. The Horticulturist says: We want to say to tho<e who were considering the adviaability,of investing in Chicago. Park lands at the time Southern California was glorifying in her boom, and who were ‘“‘scared off’ by the bursting of the bubble over 400 miles south, that Chicago Park has gone right on in a quiet, but ‘sure way, to improve steadily. The first season foun.! Charles Stafford planting thirty of his forty acres, besides building a house, etc. He planted a variety of fruits: The second season found his peach trees bearing, ahd, during the paet summer, we ate some delicious peaches picked from those trees. : E. F. Sailor built himself a comfortuble home, and planted about eighteen acres to a variety of fruits and nuts. Next season his fruit and nut trees will bear fruit’ H. W. Buchman planted a variety of fruits and vines on twenty-five acres. Mr. Burkhardt planted five acres the first season and five more the following, mostly to Bartlett pears. J. B. White set out an eight-acre orchard in apples and prepared ground for planting the following season. Several others, whose names we have not at hand, planted, anda number of others prepared ground to be planted. Among them A. N. Jennings, Jacobus brothers, John Tarrant, 8. H. Graham, S. Lissenden and G. E, Hulett. A, McCorkell planted twenty acres toa variety. of frnits; Dr. S. E. Hulett planted ten acres in Bartlett pears; F. J. Squibb, seven and one-half acres in Bartlett pears; Dr. Charles Pusheck fifteen acres, mostly Bartlett pears; Mrs. C. H. Briot, twenty acres in Bartlett pears and prunes; C. B. Wilson, five acres in~ Bartlett pears; W. P. Gunthorp, five acres in Bartlett pears; W. A. Wigley, five acres in Bartlett pears; Buhman & Haneen, ten acres, Bartlett pear sand peaches; George Williams, five acres in Bartlett pears; H. T. White, five acres in various kinds of fruits. Several others enlarged their planting and intend repeating it this season. Noplace inthe county has set out as large an acreage in such small limits, as the Chicago Park people did. The young orchards are all doing very well, Among those who intend improving or adding to their improvements the coming winter ‘. are Dr. Charles Pusheck, G. E. Hulett, Mrs. Luttie Holt, Buhman & Hansen, George Williams, C. B. Wilson, C. W.

Burd, M. Schreiber, W. P. Gunthorp, C. H. Rice, E. H, Harmes, Charles Staffouru, H. 8S. Burkhardt, H. W. Buchman, W. H. Kipp, J. B. White, and probably others.’ During the last season several of the colonists have purchased additional land, but while sules have been slow, in two or three years there will be no. land to be had in the colony. The hotel has not yet materislized, owing to the colonists who undertook to put it up by subscription among themselves not being able to raise enough to go ahead. Each one it seems wants his neighbor to do it, preferring to have his property improved at his neighbor’s expense. But the Hotel Company not having shown itself equal to the task, by reason ofthe weak support of the property owners who are to be benefited by it, the colony enterprise arranged to build it and put into it proceeds of sales of land, so that the promptness in meeting due notes will determine the progress made with the hotel, as svon as the rainy season is over. Mrs. Lottie Holt is to improve ten acres just south ot and adjoining Squibb’s ranch this winter. C. H. Rice intends improving part of his ten acres this coming season. He has a fine piece of ground, easily cleared. M. S8Schreiber and family intend moving to the. Park the early part of October. Mr. Schreiber will iunmediatély commence improving his ten acres and attend to similar work for non-residents. Wheatiand Four Corners Items. Five more men bave been employed on the Good Hope mine near Spenceville. Mrs. L. Pittman, the lady who broke her arm in the hop fields last.month,is seriously ill with fever at ler home in southern Nevada county. 2 A Fortunate Druggist. Mr, Edwin W. Joy for many years and now a Prosperous druggist on the corner of Stockton and Market str: in San Fr probably never dreamed of rivaling in wealth the medicine kings of the country. But various rumors having been floating around to the effect that he has struck it big, an Examiner reporter was detailed to unearth the cause, and after much difficulty unraveled the following story: It seems that about seven years ago an English physician, a great student of botany, located in this city. His practice was not extensive, and yet the few cases that came to him attracted no Uittle att His d to be ia the treatment of liver and kidney disorders, and vitiated blood. In fact his ability.to cope with these common complaints was marvelous. He scemed almost infallible, and his quiet modest methods and his well-kept secret was as much @ mystery as himself. After his departure about a year later Mr: Joy determined to fathom the secret, and copying all the prescriptions he had filled for the erratic doctor he began a systematic analysis. Ih his exam. ination he discovered running all through the prescriptions for liver and kidney troubles, Vitiatea blood and stomach disorders « couple of vegetable extracts indigenous to California, #0 simple and so well known under homely every day na mes to every school boy as to entirely dissipate the suspicion that they were the active principles involved. 80 certain, however was Mr. Joy that he had discovered the secret, that he embodied the new elements in s preparation of Sarsaparilla to disguise the taste, and put it before his customers under the modest name of Joy’s Vegetable Sarseparilis, Immediately the came marvelous stories came back of its astonishing effects, and the mystery wae solved, and the talk it has crested has alzeady caused it to step into prominence, and orders pour in daily from all over the coast, THE San~ Francisco Evening Post is the leading evening paper of San ferent conclusion results. It is wen, @ he gave thew Castoria Francisco. ‘Or a darling son oeteeeee by ruffian force PERSONAL MENTION. secial and Other Notes About People Old and Young. Emmett Costello has returned from the Bay. : W. A. Trephagen of San Francisco is in town. Mrs. J. B. Treadwell and child came down Tuesday from North Bloomfield. Joe Lavezzola of Downieville has gone to Martinez to look after some property he has there, eee A. Leffler and John Mora were in town Monday night on their way from Sierra City to Arizona. Dr. 8S. M. Harris, who has been attending medical lectures in San Francisco, is at Grass Valley. Mr. Angove and wife of Chips Flat, who have been below on avisit, returned Tuesday to their home. D. J. Buckley, foreman ofthe California mine, and Dan Horrigan came down Tuesday from Graniteville. Rey. A. B. Spaight, formerly of this city, has resigned the rectorship of the Episcopal Church at Marysville. J.M< Cummins of North Bloomfield went to Sacramento Monday night. He may conclude to remain there. Mrs. George F. Jacobs has issued invitations for a whist party to be given at her home on Friday evening next. H. Baker of Fresno, who has been visiting his sister, Mrs. James Haggerty of Sierra City, went below Monday night. Miss L. DeBour of San Francisco was in town Tuesday evening on her way to North Bloomfield where she formerly resided. : J. 8. Jaquith, who -ha’ been engaged in constructing hoisting works . , on the Gold Bluff mine near Downieville, came down Monday. J. H. O'Connor. of the firm of O’Connor & Morrison has returned . , from a trip to the Bay where he purchased a winter stock. THE COUNTY EXHIBIT. Financial Statement ef the Cemmittee in Charge. The following is a statement of the receipts and expenditures to date by the committee in charge of the recent exhibit of Nevada county. products made at the State Fair. There are still outstanding a few bills aggregating in the neighborhood of $60, and there is due the committee about the same amount as rebate on freight: RECEIPTS. Balance in hands of Commit(OG Jat) 6 icscccivccces $ 315.48 Board of Supervisors Aug. 13. 1000.00 Sale of fruit Sept. 25..... 16.00 Second premium for county exhibit at State Fair..-. Individual premiums at State PO RS ticks Entrance fees returned by individual exhibitors.. . : => 54.00 Ee ee $1984.48 DISBURSEMENTS. J. R. Nickerson, balance due. seer marron enscmnanetan . tried Hood’s Sarsaparillain this prepPERILS OF MINING. A Decision as to Responsibility Fer Accidents. : Sometime since John L. Liddell brought suit in the United States Cireuit Court against the Societe Anonyme de Golden River to recover the sum of $50,700 damages for injuries alleged tohave been sustained by the plaintiff while employed as a miner in a tunnel in the Red Point mine,situated in Placer county, and owned by the defendant corporation. The injuries complained of were caused by the falling of a quantity of sand and gravel from the roof of the tunnel upon the plaintiff. The case was tried before Judge Sabin, and when the testimony was all in counsel for defendant asked the Court to instruct the jury to find a verdict for the defendant on the ground that, ifthe evidence established’ any “Tene SANS ANS Oi lavica, Hows Sarsayailla Heed’s Sarsaparilia purifies the blood, builds up weak and debilitated systems, negligence, it was on the part of the foreman ofthe mine,and that plaintiffcould not recover forthe negligence of a fellow-servant, and that the-injury complained of resulted froin a risk incident to the business and employment, and from perils seen which the plaintiff had only to use his senses to avoid, and that such injury was the result of his own lack of ordinary care and caution. The Cour granted the motion. SSSA ORT RAE EON OY TT Tux confidence of people who have aration, is remarkable. ‘It has .cured many who have failed to derive: any good whatever from. other articles. Wie we 138.00 Freight and expressage... 269.80 Railroad fares........ 24.50 SUGDHGE §. cyi8 icc 5 ti ace 77.00 Entrance fees for individual premiums........ 110.00 Assistants at State Fair... 84.00 EMR 5 ais occ eae Os cs ce s' 66.00. Incidental expenses..... 40.00 Sundries. ccs cc. Viaie 45.60 J. R. Nickerson, salary.:... $20.00 Expenses of Committee. ... 57.00 Collecting products... svess 1SB15 VOU PRINCI 66 i occ cs cen 25.00 Committee premiums.... 135:00 State Fair individual premiUe nee reg ery eae ree 145.00 Total... ees CESRLG ULES S $1665.05 Balance in hands of Treas.. 319.43 $1984.48 Grace Valley ‘Telegraph’? Items. Contracts for sinking the shaft at the North Star mine are to be let. Monday morning James Hughes, an employe. on the Narrow Gauge railroad, came near being killed by a Miss Ella Slocum, recently of Bos-{cave in the railroad yard. He was ton, arrived here Tuesday and will take charge of the millinery depariment of Mrs: Lester & Crawford’s store. She is an artistic builder of ladies’ headgear Theodore Wells, formerly of this city but now manager of an hotel in Salem, Oregon, was married at that place on Sunday last. Mr. Wells and his bride areexpected to arrive here’ this week for a visit to his parents. Henry Shively, one of the oldest gravel miners of the county, and one of the first men who stuck a pick into the Brush creek diggings of this township, where he was foreman of a claim foreighteen years, is in town. He has-lived-at-Moore’s Flat-since-1870, At the Union Hotel Monday evening a whist party was given in honor of Miss Jennie Kelly of Nevada who is visiting friends at this city and will take her departure Wednesday for San Francisco. There were five tables of players. The first prizes were won by Mrs. Goo. EF. Robinann and F. 0. Rollo, the boobies being Mrs. W. D, Long and H. Newell. A TEMPERANCE TALK. — Mrs. Merritt's Address at the Cone gregational Church. At the Congregational “Church” last Sunday evening, Mrs. H. J. Merritt gave anable and scholarly address on the subject of temperance. She spoke of the universal appetite for alcoholic stimulants, saying that where the juice of the grape cannot be obtained other fruits and vegetable growths are found from which the baneful poison can be extracted. The Egyptians made wine from figs, pomegranates and the sap of the palm“tree. The Tartar, roaming with his herds over the vast plains,drinks fermented milk. In far off Kamechatka, where neither fig nor palm, grape ‘hor dal #8 grow, and the orily available product of the cold, damp ground is the toadstool, they extract from that fungus growth a juice capable of fermentation, and prepare a liquor which causes intcxication and at the same time increases their miseries. Nearly 3000 years ago blind Homer sang of Helen of Troy and of the magic dranght she mixed with her own fair hands and offered to her guest Telemachus: “Charmed with that potent draught, the elated mind , All sense of woe delivers to the wind. b heppigy on the blazing pile his father lav, Or a loved brother groaned his life away, Falla bréathless at his feet a mangled corse, From morn to eve impassioned and serere The man entranced would view the dreadful scene.” And thus itis today, continued the speaker. Men drink the poison and forget their duties, neglect the claims of home and family. As it was in the beginning when all was darkness and chaos and the spirit of God moved upon the face of the waters, again will come a new Heaven and a new earth. “Right shall no longer be left on the scaffold, while wrong ison the throne.’’ The Christian churches should be first in the work, she contended. The pulpit should proclaim it, the Sabbath school study it, and church members talk it at home, abroad, everywhere. Let California, the Kohinoor among Columbia’s jewels, take her proper place in the onward march, and Nevada, fairest among her counties, be foremost in the work of humanity. Girl Wanted. To do general housework in a pe vate family. Apply at this office. working under a bank near where the new blacksmith shop is being erected, when a portion of the bank gave way and tons of earth fell. He sustained ders and thigh. Last Saturday night Richard D. Lawrey, working a cross-cut from the tunnel: in his mine on Wolf creek, struck a rich ledge of from 8 to 10 inches in thickness. An old miner, who has handled the sledge and drill in the Empire mine for years, says that the 1800-level will open up well and the 1900-level ‘‘will be a daisy.”” He.calls to mind the history of the Empire and he knows how.the ground is in that famous old mine. Work to open the levels spoken of is going forward. egestas error EET BORN. In this township, Sept. 30th, to “the wife of W. W. Kirkham, a daughter, THE OLDEST HOUSE —AND THE— CHEAPEST PLACE in Newada County. Established August 5th, 1856. G. E. TURNER, PROPRIETOR, The Largest Stock of HARDWARE ; 3 In Nevada County. The Largest Steok of g STOVES AND RANCES ln Nevada County, The Largest Stock of IRON AND STEEL In Nevada County, Tho Largest Stock of GUNS AND PISTOLS In Nevada County. The Largest Stock of CROCKERY AND LAMPS In Nevada County, The Largest Stock of : GLASSWARE AND VASES j In Nevada County. The Largest Stock of PLATED WARE In Nevada County. The Largest Stock of TINWARE In Nevada County. The Largest Stock of GRANITE WARE In Nevada County. The Largest Stock of WOOD AND WILLOW WARE In Nevada County. The Largest Stock of PAINTS, OILS AND VARNISHES In Nevada County. The Largest Stock of CUTLERY = In Nevada County. The Largest Stock of DOORS AND WINDOWS LEATHER é '~ GAS AND WATER PIPE BRASS GOODS BELTING AND ROPE, PLOWS.AND SCYTHES, ' SEWER PIPE, CHIMNEY PIPE, ~~ In Nevada County. And Everything else usually kept in an Establishment -of this kind. . GEO. £. TURNER, Pine Street, Nevada City. a ot several severe bruises about the shoulFor di caused by imptre blood or low state of the system it is unsurpassed, ROYAL Ca — a POWDER Absolutely Pure. mpxis POWDER NEVER VARIES. A MARvel of purity, strength and wholesome: ness. More economical than the ordinary kinds, and caunot he sold in competition with the multitude of low-test, short weight, pons hos we yetkCw sr When tout cana, B ID POW D 2 5 PANY, i We i nAD ¥t ork. THE JOHNSON-LOCKE MERCANTILE CO., Sole Agents for the Pacific Coast. The Transcript is ‘the Best Advertising medium in Northern-Central California and known, and. — gives strength to weakened nerves, overcomes that tired feeling, tones the digestive organs, invigorates and regulates the kidneys and liver, expels disease and gives vigorous health, Young people say: “It te the best medicine we ever took.” Old peo j Ble say: “It makes us feel young again.” CRASH! BANG! WiIG CUT: ——DOWN GO PRICES —OF— ‘ COCKERY, GLASS, CHINA #-AND— . TIN WW AFR S. 30 Days of Reckless Cutting:! Ws CANNOT REALIZE HOW VERY cheap we are selling everything. Come to our store, examine our goods and seq our prices, They will astonish you., LOOK, THEY ARE CUT AWAYIDQWN, English Tea Sets, decorated, 44 pea. ..§ 2 60 «. China Tea Sets, extra fine, f°) PCRs ces 6 75 Dinner Seta, 180 pieces, decorated ... 12 00) Chamber Sets, white 0 Chamber Sets, decorated, extra fine.. 2 16 Waeh Sowls and Pitchers....... 15 Pretty Glass ‘Tea Sets..... ‘ 30 Handsome Water Sete... ieee 65 WE RRO E RECON ONB 504545 ceric eeetne 26 Crystal Cake Stands..,.15¢, 26 Fruit Bowls .,. -.esese 160, We and Me Berry Sets, great variety........ a Majolica Cuapidores © ./....... «eee Majolica Rutter Dishes. ....,. 6.. ps) Majolica Fruit Plates, perset. ... . 6 Majolica Salads ee oe ; 1b Majolica Pitchers,nice-pat'ns,100, 150 & % MOIQUOCR BORGIR ic isiccsa ssh ceacce t's p) Majolica Soap Slabs...... 2 : ; Great.Ametican Imp'g Tea Co. Commercial St., Nevada City. @@F Our Teas and Coffees are the best. Our Jrices the Lowest. Our Presents twice as large ns others.— Make no mistake, go to our Store and judge for yourself, Great Importing Tes Oo. ee gn eee Finest Potato in the County . WM. H. SMITH AVING BECURED THE CROP OF THE Phelan spuds will sell the same athia Store, om Commercial street, from now until the crop fs exhausted, These Spuds are raised on Shady Creek, and are admitted to be of the finest flavor eed wey BVUE ROU pors, oa . NNUAL Leese & We are now receiving ou purchases. Im Numerous Oo HARDWARE, PAINTS AND OILS, CROCKERY WARE, ta Hydraulic Pipe. In our Furniture’ Department we also Furniture, Beds, co Parlor Suites, All Kind In this Store will also be Wall Paper, Picture Frames Call and inspeet our Goods and learn our GLEARANGE ~SALE -~A Tr Shaw's Three Stores on Main St, Nevada City, o-———r regular Fall and Winter stock for 1889-90 and in order to make room for the same must get rid of mary goods carried over from last Spring’s We have consequently made Important Reduction in Prices ! = imeos = of = Goods. We keep for sale everything in the line of TINWARE, STOVES, DOORS AND WINDOWS, GLASS WARE, ETC. Sole Agents for the Hercules Powder. Made to Order.: Plumbing and Gas Fitting. challenge competition: We buy direct from Eastern manufacturers in large quantities and at the very lowest prices. Our customers get the benefit of these advantages. Blankets, Comforters, Window Shades, RNICE POLES, Ete. of Chairs and Lounges, UPHOLSTERING A SPECIALTY. Se tuiasthoaec sir A Very Nice Assortment of Willow Rockers. . Allof the Latest Easteyn Styles in this Department. Or A Few Hardwood Bedroom Suites bo be sold at a Sacrifice, —— + At our Carpet Store we have a big line of Fine, Medium and Cheap Carpets, We have in our employ one of the best Best Carpet-Layers in the county. found a wide variety of Mouldi O Ss, Bitc. e Made to Order. prices whether you want to buy or not. Proprietors of the 3 Stores on Main Street, Nevada City.