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Collection: Newspapers > Daily Transcript, The

August 20, 1886 (4 pages)

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LESTON. ORGAN. BRAND. eee ust be sity limits. 10st profit100 acres.e bearing. fine varieyarm, sun. Farm of road about ‘ultivation, . tracts in house and igh on this din the nder cultithe public Railroad. abundance endid purd in a shelknown as . house and ated for the ted that it situated on alley; well 0d springs ‘ice named gading from ance for inited in the dity. Gdod This propWith little eans to pured within 1 . fruit trees, s, 346. acres 3, etc., 500 3, 50 apple, cultivation, ly to Grass ly . situated ouse, barn, saddle, haring wnd wa68 portion of r, woodshed ailroad. 60 18, barn and or stock. essory title. cultivation ; 1eds, ete. ed; 10 acres n and other le ‘ity. A good ‘arden, etc., limits of Neda City; in it ; lot 65 by sroperties in k_ranch for a large free vith oak and and 3 miles , containing tract fenced. n horses, 18 ‘smith shop the place. ming. sting of 1200 of Nevada . , and a porwill be sold rs. Timber ‘the land. ell-situated, . Grass Valg land and lace. Splenithin 4 miles and can. te Lands. inc of : eee ec. i yesterday morning for San Fran“cisco in Which latter ‘place he ~ yace. ‘of the best-known commercial . Relly (“The Twins’”’,) commercial ee 18 PUBLISHED . \ Dailv. Mondays Excepted. _ (PF Acditional local matter on second page, 0. SunpERHAUS, One of the own. tiff while working:in: defendant’s ers of the famous Young America mine, arrived., here Wednesday evening from Sierra City and left spends most of his time. The Young America bas been in operation since July 15th, 1885, and has produced during that time about. $300,000. ee A I mann ‘ Tur San Francisco Bulletin talks about the Boss mine near North San Juan as being a San Benito county enterprise. Some of those San Francisco editors are shockingly deficient in their know]: edge of the State’s geography. They ought to travel around a little once in ten or twelve years. }.Miss Mamie Taytor, of Stock_ton, returned home yesterday after a two months’ visit at this city. She is enraptured with our climate and people, and says she will advise all her friends who want to find the most healthful part of the State to come to Nevada City. TuerE has been added to the program for next week’s races a special one of 3{ of a mile dash, for $250. There are seven entries in this race, all of them being horses from Sacramento. ~The day has not yet been’set for this a THERE will be a game of base ball at Glenbrook Park on Sunday next between the True Blues and Athletics, beth clubs of Grass Valley. The Athletics will have a comparatively new nine in the field, but they are said to be good ones. -oe Pennaut Bros., of Grass Valley, have purchased the right to sell candies, ice cream, etc., at the Fair Pavilion in this city next week. Richard Rowe, of the same place, will sell soda water there. Tuer name of E. W. Hovey, one travelers that circulates through this part of the country,was among the list of arrivals at the National yesterday. GO. K. Croupman, N.-G. Goodwin, W. H. Harris and P. Gunnip, You Betters, were in town yester day. Everybody in their part ot the county will be at the Fair. CONSTABLE VENARD is an expert with the jack-knife. He has whittled out a lot of; wooden fixin’s and will exbibit them in the Pavilion next week. ConstaBLe Hartima, of Forest City, took the stage for home yesterday morning, having arrived here night before last fram a visit to the lower country. Mrs. 8. B. Davipson and her daughter, Mrs. Harland, of Downieville passed through this city Wednesday evaning on their way to San Francisco. oe Tuos. Marks, by his attorney, W.P. Sowden, sues Felix Manhire inthe Superior Court to. recover $500 and interest on a promissory note. Jup@z WaALLINe, as District Deputy, on last Tuesday evening installed the officers ot Sylvania Lodge, I. O. G. T., at Grass Valley. J. R. Riper, who has been appointed clerk at the race track, will be ready to receive entries for stock exhibits on and after today. .o.o— Wixus Cincom, the artistic photographer of Grass Valley, was in town yesterday and favored the Transcript with a call. Tue Agricultural Association have had printed about 20,000 tickets to b3 used at the’ track and pavilion next week. Surervison Pripaeon was in town yesterday on private business. He reports everything serene at Bloomfiled. —————-0 T. F. McCarray and T. J. Contourists from ’way back, were in town yesterday. ——<— i J. 8. Beacu, conductor on the passenger train from San Francisco to Los Angeles, is registered. at the National. Davip Marreson has returned from a visit to San Buenaventura and San Francisco. W. D, (‘Bu’) Wittiams, the insurance solicitor, was in town yesterday. lt /KEVERNPROVIDENCE CASE. } las Kevern sued the Providence about two hours previously, to go “the track Way, but it went between Buanp « -TIca Sell $2 croquet Full Text of the Supreme Court’s Decision. Following isthe Supreme Court’s decision in the case wherein NichG. and 8. M. Co. to recover $20,000 for injuries received by plainmine: a The Court below granted a nonsuit. The evidence showed that the shaft in which the plaintiff Was injured had been divided by a row of posts extending down the center at a distance of about four feet from each other, firmly fixed in the roof and base-pieces. That inthe space to the right of the row of posts, looking down, there was.a ladder-w.-y to be used by’ the men working in the mine, consisting of a row of steps about fourteen inches wide and close to the posts. That in the other compartment of the shaft there was a double rail car-track. The plaintiff, when injnred, was ascending the steps with a lighted candle. When plaintiff was injured three of the posts mentioned were wanting or not in place, one of them absent near the top of the shaft; thus leaving there a space of over eight feet between two of the posts. . : Wilcox, the only witness whose testimony ig set forth in the transcript, testified that having been directed by. Truan, shift boss, up and throw a timber down the shaft, he cast into the shaft a log twelve feet long and eight inches in diameter at the smaller end. The witness said: ‘‘He told me to throw it down—that is all I know about it.’’ ‘‘The mouth of the shaft was under a building. I packed the timber to the mouth of the shaft on my back. ‘I got it into the shaft by throwing it -in. I threw it from my shoulder. I took no. means to see if anybody was coming up the shaft before I threw itin. IfI had looked in the shaft—and there was a man. there —I should certainly have seen him.” “If I had known there was aman in the shaft I would have waited until he came up.” Ihe witness added that he had no time to look in the shaft ; he had as much as he could do to get rid of what he had on his back; that he could have laid the timber down and run it into the shaft; that there was no danger in getting timber down the shaft if the person sending it down looked to see if there was anybody in the shaft. And he said: ‘‘I threw it into the shaft; L intended for it to go down the center posts into the other shaft.” ‘‘Itstarted in the trackway.” ‘I think it struck, as near as I can tell, the end of the post; went right across and struck the end of the post, and that turned it right around down the shaft.” “1 went in this way (showing); 1 wasn’t facing square, and I threw myself half around and threw the timber in.-* * -* The -shaft was dipping east, my face was ‘south.”? In answer to the question, “When you dumped it: off,; you dumped it in such a way that itstruck the post?” the witness said: ‘Yes, went right between ihe center posts and struck the end post.” Question: ‘Now, it. you had put the timber down into ihe shaft with care, don’t you think it would have gone down the, track?’ Answer: “‘I don’t know.” Question: ‘You don’t know anything about that?” Answer: ‘“Ithrew it in; I did not know exactly where it was going.”’ the immediate and proximate cause of the injury sustained by plaintiff was the negligence of his co-employe. Section 1,970.0f the Civil’ Code reads: ‘‘An employer is not bound to indemnify his employe for losse8 suffered by the latter in consequence of the ordinary risks of the pusinessin wnich he is employed, nor fin consequence of the nezligence of another person employed by the same employer in the same general business, unless he has neglected to use ordinary care in the selection of the culpable emcomplete as it should have been, or thatthe plaintiff would not have been injured if a continuous bul. wark had been erected between the two compartments, or if the posts had been nearer together, still, as the case ciearly shows that the plaintiff would not have been injured except for the.-gross neglijury—and if the appliances farused with ordinary care the injury would -not have occurred—the non-suit was proper. Bond have made a partial canvass among our citizens for funds with which to assist Hank Place in ,regladly have done likewise if given an opportunity. ling $5, F. G. Beatty $2 50, W. D. ‘. tus Bond $1, Geo. S. S. Getchell $1, Allthe testimony showed that gence of the co-empltoye—and that such negligence was the immedi-. ate and proximate cause of the innished by the defendant had been Judgment and order affirmed. Contributions to the Cause, G. 8. 8, Getchell and Erastus imbursing the gentleman who paid for him the $500 fine imposed by Jndge Keyser. Nearly. every person who was spoken to gave cheerfully, and there are hundreds of others who would By request we publish herewith the list of donations: Geo. Lord $10, J. M. WalHarris $1, J. M. Thomas $1, ErasJ.G. Hartwell $1, E. H. Gaylord $1, Fred Searls $1, Geo. Fletcher $1, J. J. Jackson $1, Charles Kent $1, Gas Works $5, R. Forman $1, H. Guenther $1, C. A. Barrett $1, James Colley $1, Shurtleff & Charonnat $1, Carr Bros. $1, A. Nivens $1, W. D. Long $2 50, A. Tam $1, 2. V. Hunter $5, C. E. Mulloy $1, A. R:} Wadsworth $1, W. Craig $1, Rector Brothers $1, J. E. Downer $1, W.C. Groves $1,.C. J. Naffziger $1, W. H. Phillips $1, Gus. Naftziger .50, Ole Torson $3, W. H. Crawford $5, J. L. Holland $1, Brand & Stich $1, M. Rosenberg $1, J. A. Rapp $2 50, Wm. Cole $2 50, T. G. Farrer $1, Wm. Giffin $1, W. J. Britland $1, Si Lanyon $1, W. D. Vinton $1, James. Hussey $1, Dr. Hunt $1, O. Maltman $1, G. Withington $1, Standard Shoe Factory $1, F. C. Leutje $1, A. Hartung .50, C. J. Brand $1, A. Blumenthal $1, Geo. Nihell $1, K. Casper $1, J. M. Hadley $1, J. M. Buffington $1, Hyman Bros. $5, Geo. E. Robinson $2 50, B, Lutz $1, J. W.-Robinson $1, Wm. Barton $1 50, Henry Lane $1, B. T. Allen $1, E. M. Preston $1, D. E. Morgan $1, 8. Peck $2 50, H. C. Mills $1, A. H. Parker, $1, W. A. Parker $1, Charles Brooks $1, A. R. Pennington $ .50, Peter Purdon $1,C. F. Taylor $1, Dan. Collins $2, O. P. Stidger $1, W. H. Wieeman $2, Dr, W. C. Jones $1, M. L. & D. Marsh $2 50, John Bentz $1, Charles Einfeldt $1, A. R. Lord $1, A. G. Turner $1, Robert Sharp $1, Joseph Eustis $1, W. T. Morgan $ .50 J. D. Fleming $ .50, I. J. Rolfe $1, Cal Clark $1, B. N. shoecraft $1, H. J. Shearer $1, John F. Carter $1, H. L. Gove $1, Wm. Eddy $1, F. Eilerman $1. A Fine Picture. Prof. Ertz of this city has -recently finished a profile portrait in crayon of Dr. Watson of Rochester, N. Y., son of Rev. G. 8S. Watson, the, energetic book agent who makes his: headquarters here. It is an admirable picture, powerful in execution and shows unmistakably the superiority of transparent. work over that which is smooth or “‘smeared.”? The Professor is an artist of genuine merit, ranking among the best on the coast, and as an indication: that his productions are appreciated by our citizens he is receiving large numbers
of orders. ae Finest Store North of Sacramento. L People who visit this city during Fair week should not fail to take a look at-Mrs, Lester & Crawiord’s new store on Main street near the Union Hotel. Everybody will be most, welcome whether desiring to purchase or not. This store is fitted. up in a manner that for elegance and convenience is seldom equaled outside of very large cities. wirs. Lester & Crawford. will have a fine display of millinery and fancy goodg\at the-Pavilion. ——_>Z ‘i Ho.pers of membership tickets ploye.” oe S. There’wus, no evidence that if the log had been sent down with reasonable care the plaintiff would have been injured, ‘‘The proximate cause of the injury is the objectof inquiry, and when discovered must be regarded and relied on.” (Hays vs. West. R., 9 Cust., 274.) Even where machinery is defective, so that otherwise a recovery might be-had for an injury received, yet if the promoting gence ofa fellow-servant, no re8 ets for $1.25, cause of the injury isthe neglicovery can be had. (Wood M. and §., p. 812.) The same rule mn must apply where the appliances {or doing work are defective. Even ae if we could assume, therefore, that the partition between the two compartments of the shaft, was not 4s ze a ~ Z issued by the 17th Agricultural District Association should bring the orginal tickets with them when they apply to Secretary Fletcher for the annual tickets for es eed An information was filed in the J. J. Lyrous, on account of the difley. : is alate IC a TTT & Stich’s. Our Taste! bal ne /a@8 producers of something better its headquarters, Nevada City, is hills with information relative to the quality and productiveness of the soil, its adaptability to: horticultural and agricultural productions, the location of vacant Government, school and railroad lands, and improved farms and orchards, which are for sale. immigration.and encourage settleSuperior Court yesterday against ficulty Ine had, with Ben. J. Davey about a water rigLt in Willow ValSueet music half price at Brand . It For nervousness Dr. Gunn‘s.BitFORWARD MARCH. Developing Nevada County's Horticultural and Agricultural Resources, — f , (Sacramento Record-Union.) It is a sign in the highest degree encouraging that the people of the mountain hydraulic mining sections are turning their attention to the possibilities of their localities than slickens, Here we have before us a fat volume on Nevada county as a _Bartlett Belt. It is issued by the Nevada County Land and Improvement Association, and is expository of the, horticultural resources, healthfulness of climate, temperature, rainfall, topography, facilities for irrigation, yield of fruits, prices of lands for sale, etc., in Nevada county. The association which issues this handrom ely illustrated work from organized for the purpose of furnishing home-seekers in the footThe purposes of the association are to promote ment. Maps and. statistics are kept on file in its office, showing the location of all vacant lands— Government, school or railroad— and these are corrected monthly. Persons visiting the office for the] purpose of securing land for settlement are furnished with all the desired information, taken to such tracts as are for sale, and afforded every facility for gaining such’ a knowledge of the resources of Nevada as will enable them to form a correct opinion of the county. This is the right kind of work. Itis home missionary effort certain to meet with rich reward. Instead of sitting down and bemoaning the fate of the ‘hydraulic mining industry, this energetic, brave hearted people propose to build up their county on a new basis, and to bring all its resources into active contribution to the support of the people. The Record-Union does not undertake to say that this action is the result of its advice long since given, but it is in line with the constant expression of this journal. Wehave never believed that the subjection and stoppage of hydraulic mining, means ruin to the communities heretofore dependent upon it. Its cessation certainly means grave injury ang a time of suffering, perhaps. But that period we have always held must be limited, and that there will follow sincere legitimate effort to develop new industries, ample.reward and the prosperity,of the people—more abundant prosperity, in time, than ever flowed from hydraulic mining operations; *° #8 ® * We trust and believe that the people of the hydraulic mining regions bow to the final decree against that industry, and mean to honestly obey it. If there are any hydraulic miners who defy the law or evade it, and, despite the Courts and Congress, continue to commit the nuisance, they may rest assured that they will be punished. There is no bitterness of feeling entertained in the valley for them, but a stern sense of dutv prevails here, and a determin ation to enforce the law to the uttermost. The people of the valley have at no time entertained hostile feelings toward the denizens of the mountains. ‘With their determination to stop bydraulic mining they have not deemed it necessary to denounce the citizens of the mountains as outlaws, robbers and vandals. They have realized that there is no strength in a vituperation, but irresistible power in the championing of the right. They will. hail with delight the effort now being made toinvite desirable immigration to the mountain counties, and will assuredly lend a helping hand. It is. to the immediate interest of the valleys that the. foothills and mountains be thickly peopled, and all their resources developed, and every agency employed to hasten ‘these ends will have our hearty approval and active assistance. —— Branxp & Sticw are still selling Worsted and German Yarn below .” L. Hyman, of the San Francisco Opposition Store, received yesterday a full line of Men’s, Youths’ and Boys’ fine Fail Clothing, fully equal to custom-made. If you want to see the latest come and gee the goods and prices. al9-3t I counp scarcely speak; it was almost impossible to breathe through my nostrils. Using-Ely’s Cream Balm ashort time the trouble entirely disappeared.—J. Oo. Tichenor, Shoe Merchant, ElizaLandon. hurt. man. sages, cther serials run on interestingly. There are numerous other articles, poems and mid-sammer illustrations, making up a bright and interesting number of this favorite family magazine. . An Interesting Namber. ‘ Frank Leslie’s Sunday Magazine for September opens\with the second installment of interesting ‘‘Leaves Life,” with portraits of Robert Southey, William Wodsworth, 8. T. Coleridge, Leigh’ Hunt and Miss A very interesting article is, ‘Why do Church-bells Annoy?” by Dr. S. Austen Pearce, Mus, Doc. Oxon, which is illustrated with no less than fourteen cuts. This is appropriately followed by Bulwer’s translation of the Schiller’s ‘‘The Lady of the Bell,”? with three “Dilettante Days’’ comes to an end in this number, which those who have followed the author in this delightful story of travel will regret. How much of the story is truth, and. how much is fiction, the author has not revealed. The j r. Powell’s from My illustrations. Miner Caved Upon A Healthful Body and a Cloar Head. promoter, ups ia their soda. water. While Frank Philbricks was working yesterday in a stope of the Buckeye quartz mine, at Willow Valley, some rock caved upon him and he was quite ‘severely Dr. H. 8. Welch went out to‘attend to him. If indigestion, constipation and biliousness torment the body, the head cannot be clear. orders react upon the brain most hurtfully, and produce a cloudiness in the organ of thought not experienced by a_ healthy Happily these hoor prezsing maladies may he entirely dispelled ty that peerless alterative, Hostetter’s Stomach Bitters, which cheers, refreshes and invigorates the brain and nerves, while it regulates the orgars of digestion assimilation and bilious secretion. It expels the morbid humors which poison the system through the bowels and urinary pasand exerts a powerful invigorating influenceas well. Its cathartic action is never irritating, violent or painful, but even, natural and progressive. tizer and slee ters is unrivalled; it mitigates the infirmities of age, relieves the ailments peculiar to the gentler sex, arrests premature -decay, builds up an enfeebled physique. . These disAs an: appethe BitCarr Bros. use pure ‘fruit--syrHard atWork = ~ . The Auburn Republican says: *'The time for sending exhibits to the fairs at Nevada City and San Francisco is drawing to a close, and the committee in charge wish to make their last appeal to the people of Placer to do their best and send whatever they can for the benefit of the county. The members of the c8mmittee have worked hard to make a good display. ‘ IT ALTE T I MI TIO, rH ~-YounG, old, and middle aged; all experience the wonderful beneficial effects of Ayer’s Sarsaparilla. Young children, suffering from sore eyes, sore ears, scald-head, or with any scrofulous or syphilitic taint, may be made healthy and strong by its use. ————— Two Months: Ahead COSPOMLMADE CLOTHING, HAS, and When Baby was sick, we gave her Castoria, When she wasa Child, she cried for Castoria, When she became Miss, she c’ung to Castoria ‘When she had children she}gavejthem Castoria tf Ir you feel des;:ondent use Dr, Gunn’s Bitters. lce Cream, Lemonade, = During Fair Week the above mentioned articles will be dispensed to the public in the building adjoining the Pavilion on Broad street. ed, will be put into suitable cteast for transportation. Coffee, Cakes, “Pies, If requirColumbus . Bugis, NEVADA COUNTY CARRIAGE REPOSITORY, BROAD STREET, NEVADA CITY. ed Geo.F, Jacobs, Manager. HEADQUARTERS FOR “The Celebrated Millburn Hollow Ale Wagon In All Grades. Carts, Carriages Phaetons, Ete. In Full Variety. £2 San Francisco prices with Freight added. GEO. F. JACOBS, Manager. Office at G. E. Withington’s Paint Shop. with them, but IT IS NOT SO with the our business has been gradually increasing so fast that we have been compelled to get new goods every month. Our clearing out sale during June and July so reduced our stock that we are now enabled . to offer our patrons an entire new lot to select from.* (On the First Day-of Anos, 1666 With th Latest Styles . OP MEN'S and BOY'S CAPS, BOOTS, SHOES, ETC. _ _—-0-—— My competitors complain that business is dull ‘San Francisco ‘Opposition Store, Since we started, on the roth of last December, After this time we shall keep:a full stock of Ladies’, Gent’s, Misses and Children’s Boots & Shoes, As good as any kept in first-class Stores in San Francised. The following is a List of Prices of a few articles : 20 dozen Calico Shirts, 50 cents each, full value, $1. White Laundried Shirts 75 cents and $1. Stout's Patent Gum Boots, all sizes. ; We will give BIG BARGAINS in Ladies French Kid Shoes. We will sell $3.50 French Kid Shoes for $2.50. $4.50 French Kid Shoes for $3.50. $6.00 French Kid Shoes for $5.00. ~~ Also 4 tull Line of Ladies and Children’s Hosiery. Chemise from 25 cents to $2.50. Ruffled Skirts from 50 cents to $5. Night Gowns from 50 cents to $3.50. REMEMBER THE PLACE ! GE San Francisca Opposition Store. Is. EY MAN, Aajoining Stump?t’s Hotel. aa aad UNION HOTEL. THR LEADING HOTEL OF NEVADA CITY. MRS. J. NAFFZICER.. --PROPRIETRESS. The Management of this Hotel will be resumed by MRS. J. NAFFZIGER, widow of the late J. Naffziger, under whose popular control che house became the best resort for the traveling public in Northern California. . (0@" Tourist seekers for health and others are invited to notice the advantages offered by this Hotel. The House contains one hundred rooms, each of which is light and airy, and well or elegantly furnished. THE TABLES will be anpeney with the best the market affords. ° SAMPLE ROOMS onthe First Floor and special accommodations for Commercial Travelers, Tourists and Families. FREE BUS to andfrom the Depot. STAGES leave the house for all’ parts Valley and Marysville daily. ~ H. CG. PARSONS..BUSINESS MANAGER ERASTUS BOND. .-.--...CHIEF CLERK THE UNION BAR AND. BILLARD ROOM will beunder the. management of IRA R. DOOLITTLE, who will supply the best of Wines, Liquors and Cigars. COMPARE AND of the upper country, Grass 2 —— JUDGE FOR YOURSELF portant changes and t world Ad . ters isthe best remedy in the wide beth, N. J. P z 1 will make it the National Exchange, Wewvada City, Cal. RECTOR BROS. : Proprietors. -Pormerly of the Union Wot«!. and Best HotelZsorth of Sacramento, HE A Fine Fire-Proof Stucture in the Business Centre. Of the City, with all the requirements of ‘A FIRST-CLASS HOTEL. . => Lynress, Post Office and General Stage Office For all Interior Points—in the Building. The Home of the Traveling Public. Sample Rooms on First Floor. Headquarters for C E@ The new management are making many imimprovements in this Hotel ommiercial Travelers. F — . z Fac simile it the ordinary Ham, now Fac simile of the celebrated “Our Taste bei iocad on the mark-t, and claimed to Ham, taken from selected h ‘ be pfs ai the}‘Our Tasiv:” and cured tor a ee AL 4 ways fresh, bright and delicious. 00 fag : The OUR TASTE HAMS are always fresh, bright, juicy and tende: as a chicken. A slice for breakfast is indeed delciovs ; ASK YOUR GROCER FOR THEM. = ~ gall, Jains & Co, Proprietor, Saramenty ==