April 11, 1888 (4 pages)

TON, ‘OR, g KER, MES E. . H. CARR F BVMRY PAPERS . City. . tent Drug » — 9 ida City INES, KINDS. Y A COMpanies, ey TEt eo WEDNESDAY, APRIL 11, 1888. NE c. Bennett, J. Riley, W. D. Woods, Grass Valley; J. H. Downing, Mrs. Arnhart, J. Monk, J. Anderson, A. Carley, A, Barton, Washington; Colorado; J. M. Hart,. Bangor, Maine; J. ,C. Munro, Omega; E. A. Forbes, Marysville: The Daily Transcript. HOTEL ARBIVALS. City Hotzt—N. H. Loomer, Smartaville; city; R. C. Bodie, Carson City; J. Murphy, Ca Mistletoe Encampment's Reception and ee . = ~in sinitiiatinilihait ~ “HAIL TO THE CHIEF I” . & Bangnet—Presentation. aa C. Johnson, J.Johnson, Sacra-{ more agreeable évent than when on . mento; J. Sandhofer, G. Allen, Denver, Nugent, Sweetland. Union Hotet—S. B.Crawford, Carl Becker, J. D. Fredenburr, W.G, Williams, Jeremiah Murphy, Washington; Paul Quick, A. Collins; George Lord, A. B. Dibble, W. D. Harris, C. W. Kitts, J. M, Thomas, Grass Valley; John Werry, James C Dean, R. M. Wilkins, Prof. Ertz, E. M. Preston and family, W. Maltman, city; J. E. Dyer, M. Lobner, Colfax; Fred Genasci, Ranch; R. R. Porter, of on Forest Hill; Burt Harrington, San Francisco; jt, J. Nolan, Railroad; W. H. Radford, N. Bloomfield; Miss Lizzie German, San Juan; M.F.McLeod, Hunt's Hill; Frank Fisher, Alameda; Wm. Hammell, Scott's Flat; Miss Mollie Wichman, Glenbrook Academy. NATIONAL Excuance Horeit—R. J, McLeod, Hunt’s Hill; A. Friedman, C. Seamau, J. ©. Mulligan, Mrs. K. Lewis, G. G. Allen, Miss K. Clancy, eity; Mrs. D. Cameron, Deihi Mine; Mrs. T, G. Curnow, E. Spafford, Frank Hatch, Columbia Hill; F. H. Fisher, th Washington; R. Linder, You Bet; A. G. ichew, Red Dog; F. M. Pridgeon, LakeCity;. gardens had contribated the rarest . follows: Ree D. Burrows, W. H. Radford, Wm. Monroe, . and most fragrant of thei: floral pro“Mr, President—In all our lives D. Donald, R. C. Sylvester, F. A. Rog. Geo. Victor; .M. Peterson, N. Bloomtield} J. B. Treadwell, E. J. Holt, Sacramento; 8. E. Storey, Blue Tent; William Griffiths, Derbec Mine; N.C. Miller and wife, French Corral; M. Brophy, Patterson; P.O., J. C. Fuller, W. A. Harding, San Juan; 8. B. Christy, erkley; H. Haight, W.J. Andrews, Mrs. M. Rowland, San Francisco; C. Powell, D, Coughlin, Grass Valley; A. G. Briggs, A. E. Verrinder, M. D., Sierra City; Chas, A. Hughes, F. H, Campbell, D. Finane, W.G, Pritcha:d, Forest City; W. W. Tamplin, Dutch Flat; Charles Brady, Marysville. . e PETES AC INERT SIREN, THE SITUATION. — w An Interview With Spy Sterns—"Sam's"’ Message to ‘Matt’ — Stray Shot. ee Dus N Sternes, the anti-mining spy who. B was lodged in jail Monday afternoon for setting at defiance the authority of the Superior Court. of this county, is trying to make the best of the bad scrape that his lawless conduct has got him into. He occupies the downstair quarters where other offenders are ordinarily put, and whiles awav his time reading, chatting with his fellow prisoners and sleeping. He appears to regard himself as a sort of martyr to the cause of his bosses, the Anti-Debris Association, using him as a tool to test a disputed law question with. He has special meals sent up to him fron, a hotel, the plain but wholesome fare generally furnished to county boarders not being dainty enough for his aristocratic appetite. District Attorney Forbes and Genday, when they saw there was a liabil. t ity that Sternes would be punished for his disobedience of Judge Walling’s commands, and they decided not to * pay whatever fine might be imposed till they had appealed to the court of last resort. The plan is to let Sternes languish in limbo till the point is decided one way or the other, Attorney Simonds went below yesterday to look after this and other cases arising out of the anti-mining troubles. The order citing Sheriff Inlow to apMonday evening Mistletoe Encamp ment of this city entertained Grand Patriarch A. R. Lord and delegations Hotel—where awaited them a most eluborats banquet. wasaveritable bower of beauty with its Sacramento, San Jose and Marysvill ductions—tethe-“decorative material which beautified the walls, chandeliers and tables. apartment was displayed , the goldtrimmed silken banner of the Mistletueites. tered the building and advanced in martial order to their places at the festal board were greeted with the harmonious tones of a triumphal march artistically performed by,a young lady . ' upon the piano in the adjoining parlor. The opening remarks, consisting of here assembled, cordial and well-framed expressions of visiting brethren, was delivered by J. G. ONeill, Chief Patriarch of Mistletoe, who concluded by introducing thrill with pride to find that the child Mr. . of toiled for and loved—returns that Gare with ucts of. kindness and affection? It was one of the proudest events of my life when I was madea Patriarch and had my name enrolled on the . < charter of this Encampment, aud from that hour [ have never ceased to of the central table. ported On the right by the Grand _Patriarch and on the left by Chi-f Patriarch Thomasof Union Encampment. of the choicest ever served in the State on a similaroccasion, and wasa monument of glory to the capubility of Steward Hyer, It was brought on in cour.es by a full comploment of gentlemanly attendants. the menu in French were at each who are. plate'as were ulso charming bouttonieres from the fair hands of Mrs. E. Bond, Misses Jennie Marsh and Katie Driesbach and the ladies of the National, were distributed and then the following program was carried out under the direction of the toast-master, there beeral Hart held a confab the other. ingin the room as accompaniment for was performed upon by W. D. Harris: Glasson, sponse by Wm. R. Thomas. wood, Messrs. Glasson, Werrf and John R, Thomas. ment,” response by George Victor. sponse by W. J. Hill. thirty of their fellow Puatriarchs from Union Encampment of Grass Val. it ley, six from Abou Ben Adhem Encampment of North Bloomfield and in after life you shall be cailed upon as Past Grand Patriarch e from Auburn Encampment of Placer county. p Iu the early part of the evening they J. H. Hubachek, Chicago Park; E. La Porte: ’had a very interesting meeting at Odd Fellows Hall when the Patriarchal . Mistletoe Encampment this night.” Degree was conferred and other secret work transacted. At half-past ten the . p Encampment about. seventy-five all told escorted members numberiig, e Grand Patriarch to the National The dining room three richly-ornamented tables. At the head of the The Patriarchs as they en-. ' elcome to the Grand Patriarch and at. P. Brown as toast-master. rown then took the seat at the head He was supThe repast was in every respect one Printed souvenirs with At the conclusion of the meal cigars he musical numbers an organ which Vocal duet—John Werry and John Toast—‘Wnion Encampment,” reVocal solo and chorus—Saimuel HenToast—'‘Abou Ben Adhem EncainpToast-—‘‘Auburn Encampment,” reToast—‘The Young Odd Fellows,” flects upon your Encampment and brings it forward as one of the prominent Encampments of the State. The Patriarchs of Mistletoe Encampment, to more fully express their kind regards for you, desire tu. present you Tne annals of the social history of . this little token of their esteem, which Odd Fellowship in Northern-Central . we hope you will cherish to the end of lifordia fail to record a greater and . life. brizhily in the shadows, so may you in the journey of most brilliantly in times of adversity. Allow me, Grand Patriarch, to fasten should wear the little memento presented to you by the Patriarchs of there some time comes @ moment when we would give almost anything we possess for words that would express the feelings and emotions that fill our heartx, and so.it is with me at me that if I could cause to be made visible the sen iments which at this jioment crowd my breist, they wou d} t paint the uiiverse with a sheen of glit-1t peurls to fall upon the Pa riarchs eléments in my nature is gratitude, and while life lasts this night will be remenibered. here tonight whose heart would not rand Patriarch, an honor whiel reAs the little diamund which . of lorns its center.spirkles the most. V life shine forth uvon your breast. It is the desire of your brother Puatriarchs thit when} w be determined hereafter, in the event this Court holds that defendant is liable. to appear in ublic gatherings of Old Fellows, you Mr. ees coneln ling his remarks resented 16 the Grand Patriarch a The Grand Patriarch “replied as. o he present. Why, sir, it seems to ering geld and ciuse a shower ofOne of the strongest Is there a Patriarch . « his own creation—that he has havea care for it or to work for its intere-t. L have rejoiced at its prosperity and have grieved at its adveraity. Among its members are those who are more than my fraternal broth ers—imy warmest personal friends— those who have been king to me in sociul life, in business relations, and cared for me in sickness as well 4s in health, and te receive this beautiful token of esteem from‘those that [ most love fills my heart to overflowing. I shall prize it for its intrinsic value. ¢ 1 sh ll priz+ it far more coming from the members of this Encampment, and I shall prize it a hundred times more—aye, most of all—for the brotherly good will and affectionate kindness that prompted its gif. That is divine and even death cannot. take it from me. Patriarchs, that each one of your lives may be made us bright as this shining jewel, will be the garnest, sincere and constant wish of your fellow member and Grand Patriarch.” Vocal solo -and chorus—J. R, Thomas and Messrs. Werry, Glasson and Hooper. Toast—‘‘ Mistletoe Encampment,’’J. OC. Rich. ‘Judge Walling’s Decision in a Suit Agaiast decision delivered Mondiy in the case Court of Grass Valley township aol comes to this court on an agreed statement of facts, except thit the que-tion of the amonnt of dimages to poration organized unter an act of the Leyislature of this State. of December, 1837, F. W. Austin, the magnificent golden jawel enamelled . d Ynblue, black and white, set with a la gedi_m ond and ins-ri‘e . us follows: . it AR. Lord, Past Grand Patriarch. . h Compliments~ef Mistletoe Encamp ment, I. O. O. F.>No. 47,Nevads City, . n April 9, 1883.” x= acting as.such, for the corporation, poundnnister, acting as such, postel by Section 5 of Ordin ince No. 43; that master sold the animal at public aucdion to the highest bidder fo. $7.50; . 8 that the sale was m ide one day sooner than_authorized by the ordinance. as follows (so far as it relates to this matter): ‘He Shall immediately give notice of the impounding of said animal. * * “ forthree days, * same at public-auction. 9 to the lezulity of the ordinance. only question of law presented is this: . but not otherwise. Is the corporation defendant liable in mister having sold the plaintiff's mal one day e rlier than allowed by the terms of the Ordinance? the court b .ow and the town of Grass Valley appeals. pointed ontin the ordinance, and it is admitted that the officer did not comply with the provisions in making the sale. granted to the corporation, and laws orordinances anthorizing the officers ALL ABOUT A HORSE. — a Town. Tha follewing is the full text of the David Dewar vs; Tue Town of Grass alley: Thisis an appeal from the Justice hich pfiintiffis entitle, if any, is to The defendant is a municipal corIt isadmitted ‘hat onthe 10th day uly appointed poundmaster, an have attached sonally liable. vera to discharge properly and effectually their odieial duties; for in respect to these the officers ara not properly the serva its or agsuts of the corporetion, bit aet upon their ovn official responsibility, except us they may be speciilly directed by the corporate anthority. (Cooley oa Torts, p. 620, and cases cited.) Tn this case the pound master neg lected to perform’ a pliia duty. The orlinance provided the notice to be given an . allows ithe owner tw? davs thereafter in which to cliim his property: If the poundmester h dd fully complied with the terms of the ordinance, no porsord liability woald A failure to comply with the ordinance rendered him: perAn officer performing adu y imposed by liwis not responsible personally, if he fully comply with the provisions of the law under which he acts, and in stich case if a claim for damage. arise, the corporation is reyponsible, unless the duty imposed or sought to be imposed upon the officer npounded the property of plaintiff, a . was ultra vires. orse,in the town pound; that the otices of said impounding as req tire . n December 14th, 1387, the pound. Section 5 of Ordinance No. 43 reads . ¢ by advertising the. same * and the same 1 not reclaimed by the owner, within: wo days thereafter * * self the There is_no question in this case as ji The damages, by reason of the pound’ oniThe plaintiff recovered jadgment in It will be observed that the duties of the poundmaster are specifically Power to impound and forfeit domestic animals must be ‘expressly of the corporation to impound, and upon taking specified proceedings to sell the property, are penal in their nature, and where deubtful in their meaning will not be construed to produce a forfeiture of the property, but rather the reverse. The poundkeeper cannot justify in an action brousht avainst him by the property owner unless he has strictly complied with a'l the requirements of the law under which he acts. Thus, if he sells without giving the requisite notice or for the full time required, he is liable, although the owner sustains no actual injury from the omission, or the owner may treat the sale as void and recover his property. (Dill, Man. Crop., Section 150, 38d Ed.) In Smith vs. Gates, 21 Pick.,. 55, where the sale was made only twenty minutes befure the expiration of t!.e time required, the rule was applieu. Prima facie, a municipal corporaIn this eave it is not contended that the ordinance was-ultra vires. not aware of any case which holds that when an officer violates a pliinly preserib dduty the municipal corporation is responsible in damages for such In those cases Where a municipal officor acts within the scope of his atithority, the precise mo te~of—proand wt. edure not being prescribed, where the wrong complained of wis doae by such officer while in the legitithate exercise of some duty of a cor porate nature which was devolved on him by liw or cy the direction or authority of the corporation, or ‘where the officer Hfas-performed the act in acvordance with a rale pre-cribed fr his yovermment in such cases, ‘the cor: porationnis liable tothe party injured, It follows thtcthe act here J. M. WaALLING, Superior Judge. ar? Co qananer Penn Valley's Nsw Ditch. Tidings: this year. is fo average 32 inches in depth and Mr. J. P. Stone & Co.-have the contract for the work and as their time has been limited a very lire foree of nen The reseivoir contract has also been let, we Next year the ditch will to be 4tg feet wide at the top. are to be put onat once. understand, . : es bz carried on to Indian Springs. ——_ +00 Fully Reciprocated. indignant to see the I am complained of is not such as to render the vorporation defendant Hable to the pliintiffin damages. So : It is therefore atjadzed that phintiff take nothing aud that defendant Tee cover its costs of suit herein expended, Manager Wheaton of the Excelsoir Water Company and surveyors hive staked out the line of the new ditch as furas C. D. Gassaway’s new place, which will bs the terminus PERSONAL MENTION. Sociot and Other Notes About People Old ai and Young. : W. J. Andrews (‘The Senator’) is in town. Frank H. Fisher returned to Alameda yesterday. Edgar D. Peixotto of San Francisco arrived here yesterday. Mr. and Mrs. Geo. Grissell went to San Francisco yesterday. . 8. B. Christy of Berkeley is lookin at the mine: of this district. Mr. and Mrs. N. C. Miller of French Corral were in town yesterday. Mrs. R. D. Carter arrived here yesterday from San Diego to attend her father’s funeral. Miss Lizzie German of North San Juan is the guest of Miss Carrie Naffziger at the Union Hotel. Ja. Murphy 6f Washington district are in town on mining business. Dr. A. E. Verrinder, who recently . ’ went to Sierra City to practice medicine, left here yesterday morning for San Francisco. Miss Eliza Sims left Saturday morning for Bear Valley where she resumes the position of teacher of the school she taught last term. Chas. H. Hughes of Forest City and D. Burroughs of Nort h Bloomfield were umong the people who left here yesterday for San Francisco. Miss. Mollie Wichman, who has been attending Glenbrook Academy, yesterday went to her home at North san Juan for a brief vacation. F; A. Ross, Geo. Victor, M. Peterson, Wm. Monroe, D, McDonald aid R. C. Sylvester of North Bloomfield were in town night before last to attend theO id Fellows’ meeting. — *” EE, J. Holt of Sacramento was yesterdey taking a. look at the Bartlett pear belt with a view of investing in real estate. E. S. Campbell, Sacramento avent of the Nevada County Land Association, accompanied him. EK. B. Buzzey arrived here yesterdiyren his way from Plymouth, Amador coimty, to the Rocky Glen mine near Granitevi le. Mr. B. has for a}t number of years held positions of trust with the miiiag firm of Hay-. ' ward & Co, 2 Mrs. M_ Rowlind of Forest City, who has been below for the bénefit of ly te m in The diich to this point will; be about three miles in length, A Mavyevillo. dicpateh in referring to the Ah Fong habeas corpus says: “The people of Marysville are indignant that the mountain courts interfere with the plain course of justice by protecting these criminals.” It can also be added without exaggeration that the people of Nevada county are “mountain courts’’ set at defiance by the lawless lackeys of the aggregation of schemng Yuba county politicians and finan‘ciers known as the Anti-Debris Aspear before Judge Walling next Satur day and show why he should not be punished for obstructing the ‘court’s processes will be made up today. It is supposed that the Coroner of Yuba county will be called upon to serve the papers, although the supposition prevails here quite generally tiat Inlow will try to dodge service by that official. Inlow and Judge Walling are old acquaintances, having teamed together cultured than it is.possible for the in their younger days. The Judge does not however appear to conside this a sufficient excuse for ‘‘Sam’’ monkeying with his court, The Sheriff returned some kind of a message to his old friend ‘‘Matt” when the latte “gent Sternes down to get Ah Fong, and the messag: must have been a tough one, as the anti-miner who was intrusted to deliver it says he does not dare to during the present excitement for fear it would ‘‘set hell a popping.” ! are the most happy of all present and The Transcript reporter yesterday that happiness arises from the fact afternoon visited Sternes in the jail and found: that individual in a cheerful mood. He said he was quite comfortable and had no complaint as to his treatment by the Sheriff or deputies. “Don’t you want to make a statement of some sort through the _TRAnscntpT?” was asked. “Not that . can think of now,” said he, ‘“‘exceptingI would like to have the people up here know that I was acting in perfectly good faith, andhad no intention of disobeying the writ habeas corpus when I gave that warrant tothe Sheriff. The Sheriff demanded it as my superior.and I had surrender it.’’ Thomas Conlin of Smartsville yesterday forenoon visited the prisoner. U. BR, K. of P. Meeting. its regular monthly meeting at °7:30 o'clock this (Wednesday) evening. Fatigue uniform. E all-1t Gro, A. Gray, Captain. Out Door Sketching: Mra. Maxfield is desirous of organiz= t door sketching. af Bap vcengieg ae vrsted ty highest pinnacle of honor of Ould FelSt. apply immediately. Car Lead of New Carpets. 10,000 Rolls éf chvice wall paper. 10 misfit carpets, at half price. which would fully express the brothThe Largest Dry Goods Store in Ne-. .yjy Joye and ad s.iration they entervada county. tain. for you, in having eafned and Samui YEO, alley. -. response by Jas. Hawk. Toast—‘‘Our Old Wheelhorses,” response by E. C. Webster. Toast—‘‘Our Guests,”’ responded to by E. Bond as follows: ““Mr. Chairman and Patriarchs: The subject which has been allotted to me for u response isa very pleasant one upon which to speak, The Chief Patriarch has already given you a hearty welcome in language more ‘old man’ to select, but perhaps r. I might say afew words more. When I look around upon the brother Patriarchs who are our guests, and see the yratifiel expression on their countenrjances, the light of brotherly love speaking from their eyes, I catinot help but to repeat the language -f one more wise than me that it is ‘more blessed to give than to receive.’ The Patriarchs of Mistletoe Encampment that they have been able to contribute to‘the pleasure and happiness of their guests, At this time Patriarchs, [ wish to say a few words toand of the guest of the evening, the Grand Patriarch of the I.0.0. F. of California, whom,we all unite to do honor. Born in Unio. Encampment, reared. to manhood in Mistletoe, we all receive a reflection from the honor which he has attained. In 1874 the Grand Patriarch became acharter member of our Encampment. By his activity, his -industry, by his constant labor for the ‘good and welfare’ of his Encampment, whether in adversity or prosperity, he soon won all the honors the subordinate could bestow. He was then selected from year to year, !o represent us in the Grand Encampment, where he.was surrounded by men of refinement, men of high culture and learning, men of brilliant oratorical powers, which perhaps many would; have thou:ht should first have received this honor, but they saw in Brother Lord an active, hardworking, zealous, intelligent Patriarch and placed im upon the first round of promotion. He has climbed the ladder and now stands upon the of to Mountain Division, No. 16, will hold lowship in the State of California. Grand Patriarch, you will please arise, Mistletoe Encampment has ‘. imposed upon me a most pleasurable task. I wish I could select language received the distinguished honor of al0-tf ‘The Bee Hive,”"Grase V: Recitation—J. G. O'Neill. by John Glasson. Voval solo—Jotin Avery. response by A. R. Wadsworth. C E, Malloy. # response by Wim. H. Martin. Toast—‘‘The Press,’’ response Leonard 8, Calkins. by James M. Lakenan, Werry. Recitation—"“The . Faro Story,’? by George 4. Watson. Vocal Solo—Richard Gummoe, A.2o’clock yesterday morning of “Auld Lang Syne” in which present joined. 2+ “Death of a Pioneer. Ready township,oa Sunday, from bility and old ,ge. ee A TS ee The belles of society see the propriety O1 »OZUDO yT’S claim to atieation. teeth white Leading sonsstresses aud actresses Are amony ite benefactresses. Stated Communication. are cordially invited. I, J. Rotve, Secretary. Bros, tor it. " sees Weisenburger Bres., Dealers in millstuffs, feed, eto, * Toast—‘‘The Patriarchs Militant,’ response by Geo, A. Gray. Toast—‘ Are You Happy ?”’ response Toast—''The Ladies,God Bless’em,”’ Toust—'* fhe Wiaunin,”’ response by Toast—' An Enthusiastic Old Fellow,” response by Thos. Tretheway. Toast—'The Glory of Baing an Odd Fellow,’’ response by Geo. Fletcher. Toast— Our Subordinate Lodges,’”’ Toast—‘‘Fraternal Visits,’’ response Vocal duet—.viessrs. Glasson and Dealer’s happy gathering closed with the song Grass Valley Union: Tristam Winn, who was probably the ol lest pioneer of Nevada county, died at his ranch on the McCourtney road, Rongh and Mr Winn arrived at what is now Nevala county September 20.h, 185), and has been a continuous resident ever since, except for a short tima that he was engaged in mining in the vicinity of Placerville, Intense their delight, since it makes their So they give it most flattering mention. NEVADA CHAPTER, RB. A. M. of the Chapter are requested to be present, and visiting companions pen Hig! Pri Way will you cough when Shiloh’s Cure will give immediate relief. Price 10 cts., 60 cts.,, and $l, Ask Carr tion is not liable for the trespass and wrongful acts of ‘its officers, though done by color of office; but it wil: clearly-be liable therefor where the act if not wholly ultra vires was expressly authorized by the governing body of the corporation, or where w.thout special authority it was done by its officers in the scope of their duties and employment, and has_been ratified, by the corpordion. (Dill, Munie. Cor. Section 972. Thayer vs. Boston, 19 Pick. (Mass) 511. Lee. vs. Sandy Hill, 40N. Y. 442.) A corporation, however, is not responsible for unauthorized and unlaw ful acts, even of its officers, thoagh done by color of office. ‘To fix the liability, it must either appear that the offi:ers were expressly authorized to do the act, or that it was done bona lide in pursuance of a general authority in relation to the subject of it, or that the act was adopted or ratified by the corporation. (See Angle & Ames on Cor., Section: 311, 11th Ed., and cuses cited.) It may be observed, in the next place, that when it is sought to render 4 municipal corporation liavla for the act of servants or agents, a cardinal inquiry is, whether they are the seisociation. —GREAT— vat GA: by the world for the : Whooping Gough, AND ALL DISEASES 0F THROAT AND LUNGS, ail vants or agents of the corporation, pumption, it stron theta the Fane : : o t the corporation appoints or elects pa adel aTanOn of 8 them and ean control them, van hold them responsible for the manner in which they discharge their trust, ‘ard if those duties relate to the exercise of corporate powers and are for the pe. culiar benefit of the corporation in its local or xpecial interest,’ they may justly be regarded as its agents or servants, and the maxim of respondeat . superior applies, It will thus be seen that, on generl principles, it is necessary, in order to make @ municipal corporation impliedly iiable on the maxim of respondeat superior for the wrongiul act or neglect of an officer, that it be -shown that the offlver was its officer, deWholesale or Ketail. with all kinds of anetg atte either genetally or as respects the p.rEiamsn, _— pg a —— a Ay ticular wrong complained of, and not ovage apter, No. 6, He A. MLy)an independent public officer; and, Bacon tonight at 74g o’clock. .Members also, that the wrong was do .e by such oftiver while in the legitimate exervise of some duty of # corporate nature which was dsvolved on him by law or by the direction or authority—of the} . _ corporation, (Dill on Mun. Corp., Sec. 974. Hilsdorf vs. St. Louis, 45 Mo., 04. Morrison va, Lawrence, 98 Mass., 210. Mitchell ys. Ruck! nd, 52 Me., 138.) Neither is a municipal corporation recponsible for the failure of its offiLOWEST BATES, — ness, I can een give faction to all, and will supply the Very best in my Line. tf ~ MISS HANNAH BRANCH'S ENGLISH : REMEDY Large Bottle $1. Small Bottl 60 ots. TPIS 18 THE GREATEST REMEDY IN Coughs, Cold, Sore Throat, Qunizy, Croup, Hoarseness,; Astama, ¢ THE * It’ performs wonders fn relieving Con8 thr oO. BH. MULEO’W’S. and ‘oat, Hl. BRANUH and A. P. OLARK, Proprietors, Nevada Oity. Keystone Market, COMMERCIAL STREET, NEVADA CITY OHARLES KENT, Proprietor. i AVING purchased the above-named Market, 1 will be-glad-to see all former patrons 1 wil be able to supply the public A CITY MARSHAL Frosh & Salt Meats, ana Lara, Which will be furnished at the VERY fiaving had long experience in ihe bu rfect sa All kinds of LIVE STOCK for sale « tra imes. OWARLES KENT ry by the trip, was in town night beiore” last on her way home. F, HW, Campbell, D, inane and W. O. Pritchard, also of Forest City, accompanied her. A suianr cold often proves the forerunner of a complaint that may prove fatal. Avoid this result by taking Ayer’s Cherry Pectoral, the best remedy for colds, coughs, and all throat and lung diseases. eR RE SLT BORN. At Neva‘ta City, April 8, 1888, to the wife of Win R. Thomas, a dunguter DID. At Grass Valley, April 7, of consumption, Charles G. Flanders, aged 47 years, 11 months and 6 days, a native of Maine, At Grass Valley, on April 7, Thomas Edward Whiting, «ged 66 years, 7 uvonthe and 1l days, a native of New York. At “rass Valley, April7, twin sen of Mr. and Mra. J. Z, Richards, aged 23 days. At Grass Valley, April 8, John Hurley, aged 74 yours. —_—————— Estray Notice, ( AME to the premises of the undersigned Jon April *th, 1883,a bay horse, starfaced, medium size. The-owner is requestedto cullund prove property, pay charges and take the animal away. R. H. FORMAN. Nevada City, April 0th, 1848 Wotice for Publication. ee Land Office, Sacramento City, Cal. : April 7, " Notice is hereby given that the { llowing tamed settler has filed notice of her intevtion to make flnal proof in i of her ciaim, andthat said proof will be made >-fore the Kegister and Receiver at Saciuuento City, on May Twenty-tfth, 1888, viz: ANNAM.A. HUST, widow, heir o i enry Hurst, deceased, fur the N 1-2 of N EK 14uf section 18,T16.y K. she names the following witnesses to prove her continu. ous residence upon, and cultivation of, gaid land, viz: John Host, of Nevada City I. O, Nevada county, Cal.; J. H. Wentworth, of Nevada City P. O. Nevada county, Cal.; Henry Waters, of Nevada vty P.O, Nevada county, Cal.; k. Steuger, of Nevada City P. VU, Sevadacounty, Cal. i apli sELDEN HETZEL, Register. Republican Mass Meeting. Res es WILL BE A MEETING OF THE Kepublican voters of Supervisor District so. 1 held at the Nevada Iheuter on Saturday Evening, April 14th, at 8 o'clock. forthe purpose of nominating and electing Three Delegates to the State Convention which meets at sacramento on Muy lst, Kepublican electors aud voters without regard to past political afillat ons, differeuces or action, wuo believe in the American principle of a Protective Tariff fo t e defenve and development of home indusiries and the elevation of home labur, are invited to attend and unite with usin formiu, w Natioual Ticket. Ky order of the al0-td EXecuTive COMMITTEE, Notice to the Electors of Nevada City. N ACT TO PROV DE FOR THE OR GANIZATION, INCORPOKATION AND GOVEK»MeNT OF MUNICIPAL COKPOKATIONS. (Approved March 14th, 1883.1 The question will be submitted to the qualified electors, Monday, May 7th, 1888, Atthe City Hall, Nevada City, whether the City of Nevada shall be¢ome organized under tue general laws of the state relating to municipal corporations of the Fifth Class, anc you are requested to place upon your ballote ; is ‘Wor Reorganization,’ or Against Reorganization,’ At the same time and place there are also to be electe A CITY TREASURER, A CITY A BESBOR, Polls open from 8 o’clock a. M, till sunown. Inspector—John Webber; Judges—J. C. Rich and © A, Barrett. — By order of the Bourd of Trustees. H. C. MILLS, President. _ Gao, C.GayLonp, Clerk, Stockholders’ Meoting. holders of the provement Association Will be held atthe in Nevada City, nia, on Tuesday, May Sth, 1888, At? o’o ock P, M., for the mepons ing a Boardof Nine Direc: to such other atsuch moon @. B, BRAND, Secretary. Fredenbuir and Jeremiah] . bottles it has stopped all of that. ever ready to recommend it very high ly. —Wyatt Hoffman, Sergeant Co, G., her health, and was much improved . 26th Inf'ty., FortSisset on, D, T. eh I cheerfully add my testimony in faver of Ely’s Cream Balin as a sure ure for catarrh or colds in the head, HE ANNUAL MEETING of the StockNevada County Land and Imffice of the Association, evada County, Califorof electserve for the ensuing year, and for the transaction of business as may be lawfully Initiated Into a Sewing Society. On Monday evenirg the ladies of thé Congregational sewing circle met the house of Rev. J. Sis, fora social and enjoyable time, and certainthey were not disappointed. For some time certain gentlemen of the congregation had ‘desired admission into the circle and tv become acqiainted with the mysteries of the needle. Aiter passing through the exciting exercises of the initiatory degree they were soothed by songs and inspired by thrilling declamations. ature, however, of the evening was the excellent collation for which a reThe crowning arkable aptitude was displayed, especially by those who had been itiated. . OO unty Supervisors. The County Supervisors: yesterlay allowed the following bills from the ar ral fund: G, W. Dunster, justice fees, $21. Tim Le Due, jury scrip, $21.75. James Reed, constable fees, $320.75. Constabe fees—R. Dillon $125.85, H. J. Martel $16.10, A. J. Flanders $20. Jas. Doyle, bringing insane Chinaman to the county seat,$15. ’ Antone Delyrossi,interpreters’s fees, °° 5 ne cnn The City Trusteeship. Trastees. T) -H.-Carr, Wm. C eee atarrh in the Head. read. It had become chronic ny mouth, Evin Epstrom, Ferndale, Cal, ON tee Tux freshest er seeds obtainable, ploatertobtcynasls ane 29+ antee it, ee cane Cagataooes 60 cents, For sale at Carr bros, HATS, BONNETS, Stylishly and HOSE, Mrs, Lester C. Harrison,abstracting mort gages, $78. It ia reported that at the coming city election George C. Giylord and Benjamin Locklin will be put forward by their friends as candidates to succeed themagelves as members of the Board of Groves-and M. L.M_ rah-are-also being named by some of the tax-payers as available candidates for the positions. Trustee Milla, whose term expires next month when those of Messrs. Gaylord Locklin do, has stated that he will not again enter the flald, Ely’s Cream Balm has done me more good than anything I ever tried. I had the catarrh very bad in my and falling into my throat left bad taste in’ Since I have used two Am Teld, garden and floware at Carr Bros, Tuat hacking congh cambe so quickly cured by Shiloh’s Cure, We _guarFor sale at Carr Pros. ae A NASAL injector ires with each bottle of Shiloh’s Catarrh Remedy.” Price HERE AND THERE. A Brief Record of Various Matters ofLocal Interest. Trinity Society wtll meet at two o’clock this afternoon at the rooms of Mrs. F. G. Beatty in the Union Hotel, The will of the late B. T, Allen was yesterday admitted to probate and Mrs. Sarah Allen, the widow, was granted lettera testamentary. a R. H. Forman advertises in anothe column that a stray horse has come to his place on Piety Hill, and he wants the owner to come and get it. The cypress trees which were planted in the courtyard at this city about a quarter of a century ago, were last winter nipped by the cold weather for the first tine. A few weeks ago it looked as though they had been effectually Killed, but under Janitor MeCauley’s tender care they are regaining their old-time brightness of verdure and will soon appear as vigorous and haadsome as before the “late cold snap.”’ tte Fo Be Buried Today. The funeral of Daniel McCarthy, the venerable and respected pioneer of Nevada county whose death occurred at this city Monday noon, will take place from St. Canide Catholic Church at hulfpast two o’clock this afternoon. Mr. McCarty was aged 77 years, one month and one day. naeemnannl Enrrey will do almost anything, but it cannot exist if the blood is impure and moves sluggishly in the wins. There fs nothing so good for cleansing the blood arid imparting energy to the system as Ayer’s Sursaarilla. Price $1. Six bottles, $5. Sold by all drugista. Cuover, alfafa, timothy, italian rye, hlue grass, mixed lawn and orchard grass seeda at Curr Bros. m13-tf Cararri cured, health and sweet breath sectired, by Shiloh’s Catarrh Remedy. Price 50 cents, Nasal injector free, At Carr Bros, —— ee Their Business Booming. Probably no one thing has caused such a general revival of trade at Carr Bros.’ Drugstore as their giving away to their customers of somany free trial bottles of Dr. King’s New Discovery for Consumption. Their trade is simply enormous in this very valuable article from the fact that it always cures and never disappoints, Coughs, Colds, Asthma, Bronchitis, Croup, agd all throat and lung diseases quickly cured ¢ You can test it before buying by’ get+ ting a trial bottle free, large size $l, Every bottle warranted, ed ODO Oe Wit you suffer with Dyspepsia and Liver Complaint? Shiloh’s Vitalizer is Puarantoed to cure you. For gale by Cute Bros, > THAT WE CARRY THE LARGEST STOCK —or—— MILLINER WY. We are now receiving Elegant Lines of AND TRIMMINGS OF ALL KINDS. MISS M. RYAN has arrived and will again have charge of the Millinery Department which is a sufficient guarantee that all Trimming will be Artistically done. A Nice Assortment of GLOVES, —AND. Dg ust Heéccivea. PARASOLS, ° -& Cravtor, MAIN STREET, NEVADA CITY.

TON, ‘OR, g KER, MES E. . H. CARR F BVMRY PAPERS . City. . tent Drug » — 9 ida City INES, KINDS. Y A COMpanies, ey TEt eo WEDNESDAY, APRIL 11, 1888. NE c. Bennett, J. Riley, W. D. Woods, Grass Valley; J. H. Downing, Mrs. Arnhart, J. Monk, J. Anderson, A. Carley, A, Barton, Washington; Colorado; J. M. Hart,. Bangor, Maine; J. ,C. Munro, Omega; E. A. Forbes, Marysville: The Daily Transcript. HOTEL ARBIVALS. City Hotzt—N. H. Loomer, Smartaville; city; R. C. Bodie, Carson City; J. Murphy, Ca Mistletoe Encampment's Reception and ee . = ~in sinitiiatinilihait ~ “HAIL TO THE CHIEF I” . & Bangnet—Presentation. aa C. Johnson, J.Johnson, Sacra-{ more agreeable évent than when on . mento; J. Sandhofer, G. Allen, Denver, Nugent, Sweetland. Union Hotet—S. B.Crawford, Carl Becker, J. D. Fredenburr, W.G, Williams, Jeremiah Murphy, Washington; Paul Quick, A. Collins; George Lord, A. B. Dibble, W. D. Harris, C. W. Kitts, J. M, Thomas, Grass Valley; John Werry, James C Dean, R. M. Wilkins, Prof. Ertz, E. M. Preston and family, W. Maltman, city; J. E. Dyer, M. Lobner, Colfax; Fred Genasci, Ranch; R. R. Porter, of on Forest Hill; Burt Harrington, San Francisco; jt, J. Nolan, Railroad; W. H. Radford, N. Bloomfield; Miss Lizzie German, San Juan; M.F.McLeod, Hunt's Hill; Frank Fisher, Alameda; Wm. Hammell, Scott's Flat; Miss Mollie Wichman, Glenbrook Academy. NATIONAL Excuance Horeit—R. J, McLeod, Hunt’s Hill; A. Friedman, C. Seamau, J. ©. Mulligan, Mrs. K. Lewis, G. G. Allen, Miss K. Clancy, eity; Mrs. D. Cameron, Deihi Mine; Mrs. T, G. Curnow, E. Spafford, Frank Hatch, Columbia Hill; F. H. Fisher, th Washington; R. Linder, You Bet; A. G. ichew, Red Dog; F. M. Pridgeon, LakeCity;. gardens had contribated the rarest . follows: Ree D. Burrows, W. H. Radford, Wm. Monroe, . and most fragrant of thei: floral pro“Mr, President—In all our lives D. Donald, R. C. Sylvester, F. A. Rog. Geo. Victor; .M. Peterson, N. Bloomtield} J. B. Treadwell, E. J. Holt, Sacramento; 8. E. Storey, Blue Tent; William Griffiths, Derbec Mine; N.C. Miller and wife, French Corral; M. Brophy, Patterson; P.O., J. C. Fuller, W. A. Harding, San Juan; 8. B. Christy, erkley; H. Haight, W.J. Andrews, Mrs. M. Rowland, San Francisco; C. Powell, D, Coughlin, Grass Valley; A. G. Briggs, A. E. Verrinder, M. D., Sierra City; Chas, A. Hughes, F. H, Campbell, D. Finane, W.G, Pritcha:d, Forest City; W. W. Tamplin, Dutch Flat; Charles Brady, Marysville. . e PETES AC INERT SIREN, THE SITUATION. — w An Interview With Spy Sterns—"Sam's"’ Message to ‘Matt’ — Stray Shot. ee Dus N Sternes, the anti-mining spy who. B was lodged in jail Monday afternoon for setting at defiance the authority of the Superior Court. of this county, is trying to make the best of the bad scrape that his lawless conduct has got him into. He occupies the downstair quarters where other offenders are ordinarily put, and whiles awav his time reading, chatting with his fellow prisoners and sleeping. He appears to regard himself as a sort of martyr to the cause of his bosses, the Anti-Debris Association, using him as a tool to test a disputed law question with. He has special meals sent up to him fron, a hotel, the plain but wholesome fare generally furnished to county boarders not being dainty enough for his aristocratic appetite. District Attorney Forbes and Genday, when they saw there was a liabil. t ity that Sternes would be punished for his disobedience of Judge Walling’s commands, and they decided not to * pay whatever fine might be imposed till they had appealed to the court of last resort. The plan is to let Sternes languish in limbo till the point is decided one way or the other, Attorney Simonds went below yesterday to look after this and other cases arising out of the anti-mining troubles. The order citing Sheriff Inlow to apMonday evening Mistletoe Encamp ment of this city entertained Grand Patriarch A. R. Lord and delegations Hotel—where awaited them a most eluborats banquet. wasaveritable bower of beauty with its Sacramento, San Jose and Marysvill ductions—tethe-“decorative material which beautified the walls, chandeliers and tables. apartment was displayed , the goldtrimmed silken banner of the Mistletueites. tered the building and advanced in martial order to their places at the festal board were greeted with the harmonious tones of a triumphal march artistically performed by,a young lady . ' upon the piano in the adjoining parlor. The opening remarks, consisting of here assembled, cordial and well-framed expressions of visiting brethren, was delivered by J. G. ONeill, Chief Patriarch of Mistletoe, who concluded by introducing thrill with pride to find that the child Mr. . of toiled for and loved—returns that Gare with ucts of. kindness and affection? It was one of the proudest events of my life when I was madea Patriarch and had my name enrolled on the . < charter of this Encampment, aud from that hour [ have never ceased to of the central table. ported On the right by the Grand _Patriarch and on the left by Chi-f Patriarch Thomasof Union Encampment. of the choicest ever served in the State on a similaroccasion, and wasa monument of glory to the capubility of Steward Hyer, It was brought on in cour.es by a full comploment of gentlemanly attendants. the menu in French were at each who are. plate'as were ulso charming bouttonieres from the fair hands of Mrs. E. Bond, Misses Jennie Marsh and Katie Driesbach and the ladies of the National, were distributed and then the following program was carried out under the direction of the toast-master, there beeral Hart held a confab the other. ingin the room as accompaniment for was performed upon by W. D. Harris: Glasson, sponse by Wm. R. Thomas. wood, Messrs. Glasson, Werrf and John R, Thomas. ment,” response by George Victor. sponse by W. J. Hill. thirty of their fellow Puatriarchs from Union Encampment of Grass Val. it ley, six from Abou Ben Adhem Encampment of North Bloomfield and in after life you shall be cailed upon as Past Grand Patriarch e from Auburn Encampment of Placer county. p Iu the early part of the evening they J. H. Hubachek, Chicago Park; E. La Porte: ’had a very interesting meeting at Odd Fellows Hall when the Patriarchal . Mistletoe Encampment this night.” Degree was conferred and other secret work transacted.. At half-past ten the . p Encampment about. seventy-five all told escorted members numberiig, e Grand Patriarch to the National The dining room three richly-ornamented tables. At the head of the The Patriarchs as they en-. ' elcome to the Grand Patriarch and at. P. Brown as toast-master. rown then took the seat at the head He was supThe repast was in every respect one Printed souvenirs with At the conclusion of the meal cigars he musical numbers an organ which Vocal duet—John Werry and John Toast—‘Wnion Encampment,” reVocal solo and chorus—Saimuel HenToast—'‘Abou Ben Adhem EncainpToast-—‘‘Auburn Encampment,” reToast—‘The Young Odd Fellows,” flects upon your Encampment and brings it forward as one of the prominent Encampments of the State. The Patriarchs of Mistletoe Encampment, to more fully express their kind regards for you, desire tu. present you Tne annals of the social history of . this little token of their esteem, which Odd Fellowship in Northern-Central . we hope you will cherish to the end of lifordia fail to record a greater and . life. brizhily in the shadows, so may you in the journey of most brilliantly in times of adversity. Allow me, Grand Patriarch, to fasten should wear the little memento presented to you by the Patriarchs of there some time comes @ moment when we would give almost anything we possess for words that would express the feelings and emotions that fill our heartx, and so.it is with me at me that if I could cause to be made visible the sen iments which at this jioment crowd my breist, they wou d} t paint the uiiverse with a sheen of glit-1t peurls to fall upon the Pa riarchs eléments in my nature is gratitude, and while life lasts this night will be remenibered. here tonight whose heart would not rand Patriarch, an honor whiel reAs the little diamund which . of lorns its center.spirkles the most. V life shine forth uvon your breast. It is the desire of your brother Puatriarchs thit when} w be determined hereafter, in the event this Court holds that defendant is liable. to appear in ublic gatherings of Old Fellows, you Mr. ees coneln ling his remarks resented 16 the Grand Patriarch a The Grand Patriarch “replied as. o he present. Why, sir, it seems to ering geld and ciuse a shower ofOne of the strongest Is there a Patriarch . « his own creation—that he has havea care for it or to work for its intere-t. L have rejoiced at its prosperity and have grieved at its adveraity. Among its members are those who are more than my fraternal broth ers—imy warmest personal friends— those who have been king to me in sociul life, in business relations, and cared for me in sickness as well 4s in health, and te receive this beautiful token of esteem from‘those that [ most love fills my heart to overflowing. I shall prize it for its intrinsic value. ¢ 1 sh ll priz+ it far more coming from the members of this Encampment, and I shall prize it a hundred times more—aye, most of all—for the brotherly good will and affectionate kindness that prompted its gif. That is divine and even death cannot. take it from me. Patriarchs, that each one of your lives may be made us bright as this shining jewel, will be the garnest, sincere and constant wish of your fellow member and Grand Patriarch.” Vocal solo -and chorus—J. R, Thomas and Messrs. Werry, Glasson and Hooper. Toast—‘‘ Mistletoe Encampment,’’J. OC. Rich. ‘Judge Walling’s Decision in a Suit Agaiast decision delivered Mondiy in the case Court of Grass Valley township aol comes to this court on an agreed statement of facts, except thit the que-tion of the amonnt of dimages to poration organized unter an act of the Leyislature of this State. of December, 1837, F. W. Austin, the magnificent golden jawel enamelled . d Ynblue, black and white, set with a la gedi_m ond and ins-ri‘e . us follows: . it AR. Lord, Past Grand Patriarch. . h Compliments~ef Mistletoe Encamp ment, I. O. O. F.>No. 47,Nevads City, . n April 9, 1883.” x= acting as.such, for the corporation, poundnnister, acting as such, postel by Section 5 of Ordin ince No. 43; that master sold the animal at public aucdion to the highest bidder fo. $7.50; . 8 that the sale was m ide one day sooner than_authorized by the ordinance. as follows (so far as it relates to this matter): ‘He Shall immediately give notice of the impounding of said animal. * * “ forthree days, * same at public-auction. 9 to the lezulity of the ordinance. only question of law presented is this: . but not otherwise. Is the corporation defendant liable in mister having sold the plaintiff's mal one day e rlier than allowed by the terms of the Ordinance? the court b .ow and the town of Grass Valley appeals. pointed ontin the ordinance, and it is admitted that the officer did not comply with the provisions in making the sale. granted to the corporation, and laws orordinances anthorizing the officers ALL ABOUT A HORSE. — a Town. Tha follewing is the full text of the David Dewar vs; Tue Town of Grass alley: Thisis an appeal from the Justice hich pfiintiffis entitle, if any, is to The defendant is a municipal corIt isadmitted ‘hat onthe 10th day uly appointed poundmaster, an have attached sonally liable. vera to discharge properly and effectually their odieial duties; for in respect to these the officers ara not properly the serva its or agsuts of the corporetion, bit aet upon their ovn official responsibility, except us they may be speciilly directed by the corporate anthority. (Cooley oa Torts, p. 620, and cases cited.) Tn this case the pound master neg lected to perform’ a pliia duty. The orlinance provided the notice to be given an . allows ithe owner tw? davs thereafter in which to cliim his property: If the poundmester h dd fully complied with the terms of the ordinance, no porsord liability woald A failure to comply with the ordinance rendered him: perAn officer performing adu y imposed by liwis not responsible personally, if he fully comply with the provisions of the law under which he acts, and in stich case if a claim for damage. arise, the corporation is reyponsible, unless the duty imposed or sought to be imposed upon the officer npounded the property of plaintiff, a . was ultra vires. orse,in the town pound; that the otices of said impounding as req tire . n December 14th, 1387, the pound. Section 5 of Ordinance No. 43 reads . ¢ by advertising the. same * and the same 1 not reclaimed by the owner, within: wo days thereafter * * self the There is_no question in this case as ji The damages, by reason of the pound’ oniThe plaintiff recovered jadgment in It will be observed that the duties of the poundmaster are specifically Power to impound and forfeit domestic animals must be ‘expressly of the corporation to impound, and upon taking specified proceedings to sell the property, are penal in their nature, and where deubtful in their meaning will not be construed to produce a forfeiture of the property, but rather the reverse. The poundkeeper cannot justify in an action brousht avainst him by the property owner unless he has strictly complied with a'l the requirements of the law under which he acts. Thus, if he sells without giving the requisite notice or for the full time required, he is liable, although the owner sustains no actual injury from the omission, or the owner may treat the sale as void and recover his property. (Dill, Man. Crop., Section 150, 38d Ed.) In Smith vs. Gates, 21 Pick.,. 55, where the sale was made only twenty minutes befure the expiration of t!.e time required, the rule was applieu. Prima facie, a municipal corporaIn this eave it is not contended that the ordinance was-ultra vires. not aware of any case which holds that when an officer violates a pliinly preserib dduty the municipal corporation is responsible in damages for such In those cases Where a municipal officor acts within the scope of his atithority, the precise mo te~of—proand wt. edure not being prescribed, where the wrong complained of wis doae by such officer while in the legitithate exercise of some duty of a cor porate nature which was devolved on him by liw or cy the direction or authority of the corporation, or ‘where the officer Hfas-performed the act in acvordance with a rale pre-cribed fr his yovermment in such cases, ‘the cor: porationnis liable tothe party injured, It follows thtcthe act here J. M. WaALLING, Superior Judge. ar? Co qananer Penn Valley's Nsw Ditch. Tidings: this year. is fo average 32 inches in depth and Mr. J. P. Stone & Co.-have the contract for the work and as their time has been limited a very lire foree of nen The reseivoir contract has also been let, we Next year the ditch will to be 4tg feet wide at the top. are to be put onat once. understand, . : es bz carried on to Indian Springs. ——_ +00 Fully Reciprocated. indignant to see the I am complained of is not such as to render the vorporation defendant Hable to the pliintiffin damages. So : It is therefore atjadzed that phintiff take nothing aud that defendant Tee cover its costs of suit herein expended, Manager Wheaton of the Excelsoir Water Company and surveyors hive staked out the line of the new ditch as furas C. D. Gassaway’s new place, which will bs the terminus PERSONAL MENTION. Sociot and Other Notes About People Old ai and Young. : W. J. Andrews (‘The Senator’) is in town. Frank H. Fisher returned to Alameda yesterday. Edgar D. Peixotto of San Francisco arrived here yesterday. Mr. and Mrs. Geo. Grissell went to San Francisco yesterday. . 8. B. Christy of Berkeley is lookin at the mine: of this district. Mr. and Mrs. N. C. Miller of French Corral were in town yesterday. Mrs. R. D. Carter arrived here yesterday from San Diego to attend her father’s funeral. Miss Lizzie German of North San Juan is the guest of Miss Carrie Naffziger at the Union Hotel. Ja. Murphy 6f Washington district are in town on mining business. Dr. A. E. Verrinder, who recently . ’ went to Sierra City to practice medicine, left here yesterday morning for San Francisco. Miss Eliza Sims left Saturday morning for Bear Valley where she resumes the position of teacher of the school she taught last term. Chas. H. Hughes of Forest City and D. Burroughs of Nort h Bloomfield were umong the people who left here yesterday for San Francisco. Miss. Mollie Wichman, who has been attending Glenbrook Academy, yesterday went to her home at North san Juan for a brief vacation. F; A. Ross, Geo. Victor, M. Peterson, Wm. Monroe, D, McDonald aid R. C. Sylvester of North Bloomfield were in town night before last to attend theO id Fellows’ meeting. — *” EE, J. Holt of Sacramento was yesterdey taking a. look at the Bartlett pear belt with a view of investing in real estate. E. S. Campbell, Sacramento avent of the Nevada County Land Association, accompanied him. EK. B. Buzzey arrived here yesterdiyren his way from Plymouth, Amador coimty, to the Rocky Glen mine near Granitevi le. Mr. B. has for a}t number of years held positions of trust with the miiiag firm of Hay-. ' ward & Co, 2 Mrs. M_ Rowlind of Forest City, who has been below for the bénefit of ly te m in The diich to this point will; be about three miles in length, A Mavyevillo. dicpateh in referring to the Ah Fong habeas corpus says: “The people of Marysville are indignant that the mountain courts interfere with the plain course of justice by protecting these criminals.” It can also be added without exaggeration that the people of Nevada county are “mountain courts’’ set at defiance by the lawless lackeys of the aggregation of schemng Yuba county politicians and finan‘ciers known as the Anti-Debris Aspear before Judge Walling next Satur day and show why he should not be punished for obstructing the ‘court’s processes will be made up today. It is supposed that the Coroner of Yuba county will be called upon to serve the papers, although the supposition prevails here quite generally tiat Inlow will try to dodge service by that official. Inlow and Judge Walling are old acquaintances, having teamed together cultured than it is.possible for the in their younger days. The Judge does not however appear to conside this a sufficient excuse for ‘‘Sam’’ monkeying with his court, The Sheriff returned some kind of a message to his old friend ‘‘Matt” when the latte “gent Sternes down to get Ah Fong, and the messag: must have been a tough one, as the anti-miner who was intrusted to deliver it says he does not dare to during the present excitement for fear it would ‘‘set hell a popping.” ! are the most happy of all present and The Transcript reporter yesterday that happiness arises from the fact afternoon visited Sternes in the jail and found: that individual in a cheerful mood. He said he was quite comfortable and had no complaint as to his treatment by the Sheriff or deputies. “Don’t you want to make a statement of some sort through the _TRAnscntpT?” was asked. “Not that . can think of now,” said he, ‘“‘exceptingI would like to have the people up here know that I was acting in perfectly good faith, andhad no intention of disobeying the writ habeas corpus when I gave that warrant tothe Sheriff. The Sheriff demanded it as my superior.and I had surrender it.’’ Thomas Conlin of Smartsville yesterday forenoon visited the prisoner. U. BR, K. of P. Meeting.

its regular monthly meeting at °7:30 o'clock this (Wednesday) evening. Fatigue uniform. E all-1t Gro, A. Gray, Captain. Out Door Sketching: Mra. Maxfield is desirous of organiz= t door sketching. af Bap vcengieg ae vrsted ty highest pinnacle of honor of Ould FelSt. apply immediately. Car Lead of New Carpets. 10,000 Rolls éf chvice wall paper. 10 misfit carpets, at half price. which would fully express the brothThe Largest Dry Goods Store in Ne-. .yjy Joye and ad s.iration they entervada county. tain. for you, in having eafned and Samui YEO, alley. -. response by Jas. Hawk. Toast—‘‘Our Old Wheelhorses,” response by E. C. Webster. Toast—‘‘Our Guests,”’ responded to by E. Bond as follows: ““Mr. Chairman and Patriarchs: The subject which has been allotted to me for u response isa very pleasant one upon which to speak, The Chief Patriarch has already given you a hearty welcome in language more ‘old man’ to select, but perhaps r. I might say afew words more. When I look around upon the brother Patriarchs who are our guests, and see the yratifiel expression on their countenrjances, the light of brotherly love speaking from their eyes, I catinot help but to repeat the language -f one more wise than me that it is ‘more blessed to give than to receive.’ The Patriarchs of Mistletoe Encampment that they have been able to contribute to‘the pleasure and happiness of their guests, At this time Patriarchs, [ wish to say a few words toand of the guest of the evening, the Grand Patriarch of the I.0.0. F. of California, whom,we all unite to do honor. Born in Unio. Encampment, reared. to manhood in Mistletoe, we all receive a reflection from the honor which he has attained. In 1874 the Grand Patriarch became acharter member of our Encampment. By his activity, his -industry, by his constant labor for the ‘good and welfare’ of his Encampment, whether in adversity or prosperity, he soon won all the honors the subordinate could bestow. He was then selected from year to year, !o represent us in the Grand Encampment, where he.was surrounded by men of refinement, men of high culture and learning, men of brilliant oratorical powers, which perhaps many would; have thou:ht should first have received this honor, but they saw in Brother Lord an active, hardworking, zealous, intelligent Patriarch and placed im upon the first round of promotion. He has climbed the ladder and now stands upon the of to Mountain Division, No. 16, will hold lowship in the State of California. Grand Patriarch, you will please arise, Mistletoe Encampment has ‘. imposed upon me a most pleasurable task. I wish I could select language received the distinguished honor of al0-tf ‘The Bee Hive,”"Grase V: Recitation—J. G. O'Neill. by John Glasson. Voval solo—Jotin Avery. response by A. R. Wadsworth. C E, Malloy. # response by Wim. H. Martin. Toast—‘‘The Press,’’ response Leonard 8, Calkins. by James M. Lakenan, Werry. Recitation—"“The . Faro Story,’? by George 4. Watson. Vocal Solo—Richard Gummoe, A.2o’clock yesterday morning of “Auld Lang Syne” in which present joined. 2+ “Death of a Pioneer. Ready township,oa Sunday, from bility and old ,ge. ee A TS ee The belles of society see the propriety O1 »OZUDO yT’S claim to atieation. teeth white Leading sonsstresses aud actresses Are amony ite benefactresses. Stated Communication. are cordially invited. I, J. Rotve, Secretary. Bros, tor it. " sees Weisenburger Bres., Dealers in millstuffs, feed, eto, * Toast—‘‘The Patriarchs Militant,’ response by Geo, A. Gray. Toast—‘ Are You Happy ?”’ response Toast—''The Ladies,God Bless’em,”’ Toust—'* fhe Wiaunin,”’ response by Toast—' An Enthusiastic Old Fellow,” response by Thos. Tretheway. Toast—'The Glory of Baing an Odd Fellow,’’ response by Geo. Fletcher. Toast— Our Subordinate Lodges,’”’ Toast—‘‘Fraternal Visits,’’ response Vocal duet—.viessrs. Glasson and Dealer’s happy gathering closed with the song Grass Valley Union: Tristam Winn, who was probably the ol lest pioneer of Nevada county, died at his ranch on the McCourtney road, Rongh and Mr Winn arrived at what is now Nevala county September 20.h, 185), and has been a continuous resident ever since, except for a short tima that he was engaged in mining in the vicinity of Placerville, Intense their delight, since it makes their So they give it most flattering mention. NEVADA CHAPTER, RB. A. M. of the Chapter are requested to be present, and visiting companions pen Hig! Pri Way will you cough when Shiloh’s Cure will give immediate relief. Price 10 cts., 60 cts.,, and $l, Ask Carr tion is not liable for the trespass and wrongful acts of ‘its officers, though done by color of office; but it wil: clearly-be liable therefor where the act if not wholly ultra vires was expressly authorized by the governing body of the corporation, or where w.thout special authority it was done by its officers in the scope of their duties and employment, and has_been ratified, by the corpordion. (Dill, Munie. Cor. Section 972. Thayer vs. Boston, 19 Pick. (Mass) 511. Lee. vs. Sandy Hill, 40N. Y. 442.) A corporation, however, is not responsible for unauthorized and unlaw ful acts, even of its officers, thoagh done by color of office. ‘To fix the liability, it must either appear that the offi:ers were expressly authorized to do the act, or that it was done bona lide in pursuance of a general authority in relation to the subject of it, or that the act was adopted or ratified by the corporation. (See Angle & Ames on Cor., Section: 311, 11th Ed., and cuses cited.) It may be observed, in the next place, that when it is sought to render 4 municipal corporation liavla for the act of servants or agents, a cardinal inquiry is, whether they are the seisociation. —GREAT— vat GA: by the world for the : Whooping Gough, AND ALL DISEASES 0F THROAT AND LUNGS, ail vants or agents of the corporation, pumption, it stron theta the Fane : : o t the corporation appoints or elects pa adel aTanOn of 8 them and ean control them, van hold them responsible for the manner in which they discharge their trust, ‘ard if those duties relate to the exercise of corporate powers and are for the pe. culiar benefit of the corporation in its local or xpecial interest,’ they may justly be regarded as its agents or servants, and the maxim of respondeat . superior applies, It will thus be seen that, on generl principles, it is necessary, in order to make @ municipal corporation impliedly iiable on the maxim of respondeat superior for the wrongiul act or neglect of an officer, that it be -shown that the offlver was its officer, deWholesale or Ketail. with all kinds of anetg atte either genetally or as respects the p.rEiamsn, _— pg a —— a Ay ticular wrong complained of, and not ovage apter, No. 6, He A. MLy)an independent public officer; and, Bacon tonight at 74g o’clock. .Members also, that the wrong was do .e by such oftiver while in the legitimate exervise of some duty of # corporate nature which was dsvolved on him by law or by the direction or authority—of the} . _ corporation, (Dill on Mun. Corp., Sec. 974. Hilsdorf vs. St. Louis, 45 Mo., 04. Morrison va, Lawrence, 98 Mass., 210. Mitchell ys. Ruck! nd, 52 Me., 138.) Neither is a municipal corporation recponsible for the failure of its offiLOWEST BATES, — ness, I can een give faction to all, and will supply the Very best in my Line. tf ~ MISS HANNAH BRANCH'S ENGLISH : REMEDY Large Bottle $1. Small Bottl 60 ots. TPIS 18 THE GREATEST REMEDY IN Coughs, Cold, Sore Throat, Qunizy, Croup, Hoarseness,; Astama, ¢ THE * It’ performs wonders fn relieving Con8 thr oO. BH. MULEO’W’S. and ‘oat, Hl. BRANUH and A. P. OLARK, Proprietors, Nevada Oity. Keystone Market, COMMERCIAL STREET, NEVADA CITY OHARLES KENT, Proprietor. i AVING purchased the above-named Market, 1 will be-glad-to see all former patrons 1 wil be able to supply the public A CITY MARSHAL Frosh & Salt Meats, ana Lara, Which will be furnished at the VERY fiaving had long experience in ihe bu rfect sa All kinds of LIVE STOCK for sale « tra imes. OWARLES KENT ry by the trip, was in town night beiore” last on her way home. F, HW, Campbell, D, inane and W. O. Pritchard, also of Forest City, accompanied her. A suianr cold often proves the forerunner of a complaint that may prove fatal. Avoid this result by taking Ayer’s Cherry Pectoral, the best remedy for colds, coughs, and all throat and lung diseases. eR RE SLT BORN. At Neva‘ta City, April 8, 1888, to the wife of Win R. Thomas, a dunguter DID. At Grass Valley, April 7, of consumption, Charles G. Flanders, aged 47 years, 11 months and 6 days, a native of Maine, At Grass Valley, on April 7, Thomas Edward Whiting, «ged 66 years, 7 uvonthe and 1l days, a native of New York. At “rass Valley, April7, twin sen of Mr. and Mra. J. Z, Richards, aged 23 days. At Grass Valley, April 8, John Hurley, aged 74 yours. —_—————— Estray Notice, ( AME to the premises of the undersigned Jon April *th, 1883,a bay horse, starfaced, medium size. The-owner is requestedto cullund prove property, pay charges and take the animal away. R. H. FORMAN. Nevada City, April 0th, 1848 Wotice for Publication. ee Land Office, Sacramento City, Cal. : April 7, " Notice is hereby given that the { llowing tamed settler has filed notice of her intevtion to make flnal proof in i of her ciaim, andthat said proof will be made >-fore the Kegister and Receiver at Saciuuento City, on May Twenty-tfth, 1888, viz: ANNAM.A. HUST, widow, heir o i enry Hurst, deceased, fur the N 1-2 of N EK 14uf section 18,T16.y K. she names the following witnesses to prove her continu. ous residence upon, and cultivation of, gaid land, viz: John Host, of Nevada City I. O, Nevada county, Cal.; J. H. Wentworth, of Nevada City P. O. Nevada county, Cal.; Henry Waters, of Nevada vty P.O, Nevada county, Cal.; k. Steuger, of Nevada City P. VU, Sevadacounty, Cal. i apli sELDEN HETZEL, Register. Republican Mass Meeting. Res es WILL BE A MEETING OF THE Kepublican voters of Supervisor District so. 1 held at the Nevada Iheuter on Saturday Evening, April 14th, at 8 o'clock. forthe purpose of nominating and electing Three Delegates to the State Convention which meets at sacramento on Muy lst, Kepublican electors aud voters without regard to past political afillat ons, differeuces or action, wuo believe in the American principle of a Protective Tariff fo t e defenve and development of home indusiries and the elevation of home labur, are invited to attend and unite with usin formiu, w Natioual Ticket. Ky order of the al0-td EXecuTive COMMITTEE, Notice to the Electors of Nevada City. N ACT TO PROV DE FOR THE OR GANIZATION, INCORPOKATION AND GOVEK»MeNT OF MUNICIPAL COKPOKATIONS. (Approved March 14th, 1883.1 The question will be submitted to the qualified electors, Monday, May 7th, 1888, Atthe City Hall, Nevada City, whether the City of Nevada shall be¢ome organized under tue general laws of the state relating to municipal corporations of the Fifth Class, anc you are requested to place upon your ballote ; is ‘Wor Reorganization,’ or Against Reorganization,’ At the same time and place there are also to be electe A CITY TREASURER, A CITY A BESBOR, Polls open from 8 o’clock a. M, till sunown. Inspector—John Webber; Judges—J. C. Rich and © A, Barrett. — By order of the Bourd of Trustees. H. C. MILLS, President. _ Gao, C.GayLonp, Clerk, Stockholders’ Meoting. holders of the provement Association Will be held atthe in Nevada City, nia, on Tuesday, May Sth, 1888, At? o’o ock P, M., for the mepons ing a Boardof Nine Direc: to such other atsuch moon @. B, BRAND, Secretary. Fredenbuir and Jeremiah] . bottles it has stopped all of that. ever ready to recommend it very high ly. —Wyatt Hoffman, Sergeant Co, G., her health, and was much improved . 26th Inf'ty., FortSisset on, D, T. eh I cheerfully add my testimony in faver of Ely’s Cream Balin as a sure ure for catarrh or colds in the head, HE ANNUAL MEETING of the StockNevada County Land and Imffice of the Association, evada County, Califorof electserve for the ensuing year, and for the transaction of business as may be lawfully Initiated Into a Sewing Society. On Monday evenirg the ladies of thé Congregational sewing circle met the house of Rev. J. Sis, fora social and enjoyable time, and certainthey were not disappointed. For some time certain gentlemen of the congregation had ‘desired admission into the circle and tv become acqiainted with the mysteries of the needle. Aiter passing through the exciting exercises of the initiatory degree they were soothed by songs and inspired by thrilling declamations. ature, however, of the evening was the excellent collation for which a reThe crowning arkable aptitude was displayed, especially by those who had been itiated. . OO unty Supervisors. The County Supervisors: yesterlay allowed the following bills from the ar ral fund: G, W. Dunster, justice fees, $21. Tim Le Due, jury scrip, $21.75. James Reed, constable fees, $320.75. Constabe fees—R. Dillon $125.85, H. J. Martel $16.10, A. J. Flanders $20. Jas. Doyle, bringing insane Chinaman to the county seat,$15. ’ Antone Delyrossi,interpreters’s fees, °° 5 ne cnn The City Trusteeship. Trastees. T) -H.-Carr, Wm. C eee atarrh in the Head. read. It had become chronic ny mouth, Evin Epstrom, Ferndale, Cal, ON tee Tux freshest er seeds obtainable, ploatertobtcynasls ane 29+ antee it, ee cane Cagataooes 60 cents, For sale at Carr bros, HATS, BONNETS, Stylishly and HOSE, Mrs, Lester C. Harrison,abstracting mort gages, $78. It ia reported that at the coming city election George C. Giylord and Benjamin Locklin will be put forward by their friends as candidates to succeed themagelves as members of the Board of Groves-and M. L.M_ rah-are-also being named by some of the tax-payers as available candidates for the positions. Trustee Milla, whose term expires next month when those of Messrs. Gaylord Locklin do, has stated that he will not again enter the flald, Ely’s Cream Balm has done me more good than anything I ever tried. I had the catarrh very bad in my and falling into my throat left bad taste in’ Since I have used two Am Teld, garden and floware at Carr Bros, Tuat hacking congh cambe so quickly cured by Shiloh’s Cure, We _guarFor sale at Carr Pros. ae A NASAL injector ires with each bottle of Shiloh’s Catarrh Remedy.” Price HERE AND THERE. A Brief Record of Various Matters ofLocal Interest. Trinity Society wtll meet at two o’clock this afternoon at the rooms of Mrs. F. G. Beatty in the Union Hotel, The will of the late B. T, Allen was yesterday admitted to probate and Mrs. Sarah Allen, the widow, was granted lettera testamentary. a R. H. Forman advertises in anothe column that a stray horse has come to his place on Piety Hill, and he wants the owner to come and get it. The cypress trees which were planted in the courtyard at this city about a quarter of a century ago, were last winter nipped by the cold weather for the first tine. A few weeks ago it looked as though they had been effectually Killed, but under Janitor MeCauley’s tender care they are regaining their old-time brightness of verdure and will soon appear as vigorous and haadsome as before the “late cold snap.”’ tte Fo Be Buried Today. The funeral of Daniel McCarthy, the venerable and respected pioneer of Nevada county whose death occurred at this city Monday noon, will take place from St. Canide Catholic Church at hulfpast two o’clock this afternoon. Mr. McCarty was aged 77 years, one month and one day. naeemnannl Enrrey will do almost anything, but it cannot exist if the blood is impure and moves sluggishly in the wins. There fs nothing so good for cleansing the blood arid imparting energy to the system as Ayer’s Sursaarilla. Price $1. Six bottles, $5. Sold by all drugista. Cuover, alfafa, timothy, italian rye, hlue grass, mixed lawn and orchard grass seeda at Curr Bros. m13-tf Cararri cured, health and sweet breath sectired, by Shiloh’s Catarrh Remedy. Price 50 cents, Nasal injector free, At Carr Bros, —— ee Their Business Booming. Probably no one thing has caused such a general revival of trade at Carr Bros.’ Drugstore as their giving away to their customers of somany free trial bottles of Dr. King’s New Discovery for Consumption. Their trade is simply enormous in this very valuable article from the fact that it always cures and never disappoints, Coughs, Colds, Asthma, Bronchitis, Croup, agd all throat and lung diseases quickly cured ¢ You can test it before buying by’ get+ ting a trial bottle free, large size $l, Every bottle warranted, ed ODO Oe Wit you suffer with Dyspepsia and Liver Complaint? Shiloh’s Vitalizer is Puarantoed to cure you. For gale by Cute Bros, > THAT WE CARRY THE LARGEST STOCK —or—— MILLINER WY. We are now receiving Elegant Lines of AND TRIMMINGS OF ALL KINDS. MISS M. RYAN has arrived and will again have charge of the Millinery Department which is a sufficient guarantee that all Trimming will be Artistically done. A Nice Assortment of GLOVES, —AND. Dg ust Heéccivea. PARASOLS, ° -& Cravtor, MAIN STREET, NEVADA CITY.