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Collection: Newspapers > Daily Transcript, The

February 27, 1886 (4 pages)

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teeth CK OF ‘OINS, ACON. RETAIL oprietor. Market Bank. To rietor ges, Bese 4 ly found in a ¥Y. MEAT vn ‘FE ZIGER. ket, eVABA CITY. peter: HN ED med Market, I >see all former will be able to ids ot ' Meats, EPT INA [ARKET ! . at the VERY ve in sis busi; ie satia: y Line, . ef STOCK FOR 3 KENT. es to Suit ANER, oy VHS LINE AT ] rabA COUNTY i in, partjot A R.E , iption C ings, r anid Fase y and Picks B OILS, nd Putey: a rlass. Ware Powder Cam: f all kinds ‘Tron Ware om: city, ve money ey . . TURNER. _ authorized tuner traveling for M. & Bach and Cc. Rosnlich . pite lS neh -' Ta members of Hydraulic st. near Post and Express Offices. me ; . had elapsed since the final judyPremium. ae talk ere var at aan Protas Pal: sce Drug Store.-. Daily. Mondays Excepted. Ma, J. E. Fust»vsow, the only Gray, 206 Post atreet, San Francisco, is in Nevada City ‘and will remain until March 2) Not: having time to call on parties . personally he will attend to orders left at Brand Bros, Agent tor Steinway & Sons,. Gabler Bros., Kranich anos. « . $26-t£. pe\iuaente Sarcknr is enjoying a fine practice at San Fran-, cisco as an éye, Gar “dand’ throat specialist. She was recently: elected physician of the Women’s and Children’s Hospital at. that city. Misa Sargent isa daughter. of Hon.’ A. A. Sargent, oad & native of Nevada City! THE Gitaniae DAViad dtaidatts combination=-the ‘best one traveling through the interior—is drift-+ ing-this way, and will probably be: here within the next two or Sasatae weeks. i * Parlor will have néxt: ‘Tuesday evening’s banquet. at the Union Hotel. The Native Sons of Grass Valley will be _— by invita-+ tion. ‘ . y i> ' Tes is. ape ‘ac week of the open season for quail, : partridge. and grouse ; and ducks and rabbits are the only eatable game. that’ can be shot without. violation of. ‘ares law F We Rae Superintendent of the: San Jose drift mine in Washington township, is in town. .It was snowing at the mine when he left there yesterday morning. Ww. Pairs, ‘proprietor m the pork packing establishment” on Mainstreet, is sick at Yuba City, and his wife left this week for that} place to attend him. -——————— Portse Uniformed Degree Camp, No, 7, T. 0, O. F., of Grass Valley, is to’ be merged into a Canton of the Patriarchs Militant. San tied Mrs. Bren. Coast, whose home is near Red Bluff, is hereon a visit to her parents, Mr. and Mrs. J. Hamilton. 2 Ira Jgwetr, who was committed to the County Hospital Thursday; is suffering from an attack: of paralysis. THURSDAY evening’s fire alarm was occasioned by. the: burning out of a chimney at the Union Hotel. ee Pore Langshan chicken eggs for hatching, to be had of A. R. Wadsworth, Nevada City. 1m ————— oP Oo: we “Biaaly Sia. Bosco, magician, will give some éntertainments in this city about week atter next. TERE will be some good speeches atthe Theatre this evening. Everybody invited. Try Spider Leg Tea. J. J. Jackson keeps it. Finest tea in town. ry it. ie tf pater ie Fresu luportep and Key West Cigars, 1214 ~ 10 centd, at NrvENs’, : tf Dr. Sacureens dentist, Broad Go to the Theatre tonight and join the anti-Chinese League. Mas. ©. J. Narrzicer has gone . to Sacramento on a'visit. ee After Many Weeks. After several weeks of as pleasant weather as any country in the world was ever blessed with, rain commenced falling. early yesterday morning and continued: during part of the day. It did not fall fast, and was not accompanied by the stiff southern wind that us‘ually comes. ry haat and longcontinued ‘ste tf -<— “Anti-Chihese sae Delegates The Supervisors . have been, requegred by the citizeris of those localities to appoint as delegates to the Anti-Chinese ‘Convention “at Sacramento, 8. .L. Blackwell of. Eureka’ township: and 8. A. Bulfinvh of Meadow Lake aoyentia. ‘ Passer. : : mn * ‘ Kisey et al. va. pr Court'of of the Mt.Auburn Mining Com‘lants asked fora writ of prohibithe ise-of Johnson et. al.” vs: ‘court an amended complaint to demurrer was sustained and plain‘tiffs refused to answer, thereupon judgment was entered for the defendante. plaintiffs appealed to the Supreme Court, where’ the judgment was affirmed. After the affirmance of the judgment, and morethan one year after the entry, of;ther final judgment, the Superior Court on Lother amended complaint and. said. cause, notwithstanding the prohibition was asked for. remedy. by, appeal, ‘The defendants having gained the Jone and we are convinced the Jing it and making another case for . of opinion the-writ should issue. tan . tition that a remittitur was ever —Thare a tale ates ‘among some of our enterprising citizens about. es[amendment wo any pleading.” Ex . so quickly cured by Shiloh’s Curé. . “ * Nevada County. ‘The case of Kirby ‘and others, pany, versus the Superior Court of this. county, in which appeltion, has at last been decided by the bapueme Court which has allowed the writ. The plaintiffs in Kirby et al. had filed in the lower which defendants demurred. .The From. this judgment motion of plaintiff Johnson made an order vacating the judgment fizal judgment affirmed as _aforesaid. ‘To prevent this a writ of substantially. as follows: “‘We are of opinion the writ should be allowed. ‘The plaintiffs. had an opportinity to amend prior ‘to the preferring to stand on the complaint as they had saaped. it, and resort to the remedy of appeal from the jddgment, © This’ they . ' tried-and the appeal was deter. ! mined against them. It would be the height of injustice now to. al-' low the plaintiffs, after trying the and having been cast. on it, to do that. which they had refused to. do when it was, bubmitted, to” their, option. The judgment which they appealed from having ‘beén affirmed, there isan end’ of the litigation. suit ‘in’ the. course adopted by plaintiffs, the p).intiffs should not be allowed to turn round and say we should be allowed to try the course which they refused to adopt when it was in their power to adopt it. Such inconsistent action is likened to ‘blowing hot and cold’ with the same breath, which a court of justice always discountenances and disallows, “Tt is said the order. allowing the amendment. is an_ appealable order. Conceding it is, we do not think the: defendants should be putto the delay and expense of an appeal. This remedy, while ‘it would be adequate would not be state of facts above presented’ should not be put to the delay of an appeal. The cause is a plain Court has no power “or discretion after final judgment is affirmed to vacate the judgment and allow an amendment toa complaint under the circumstances presented. here. [he judgment of this Court on appeal has determined that there was noerror in the record, and the parties and Court a qua are alike concluded by it from vacattrial. The plaintiffsshould not be thus allowed to speculave or gamble on remedies. “There is here a final judgment, and certainly the Court could not allow an amendment to a complaint, when more than’ a year ment was rendered and. eatered. Under. such circumstances an amendment is only allowed for clerical misprisions when the means for making the amendment and the right to make it are furnished by the record itself of the cuse. In other regards the Court ‘has-‘no power toalter the record in any respect. It has then passed beyond the, power. of the Court, or there could not be an end of the litigation. )“There is no anawer to the petition; therefore we have taken the facts as stated in the petition as admitted. And on these we are It would be a hard case on defendant that a court should allow the affirmed judgment in an action to be vacated and a néw case made by plaintiffs, after’ defendants, on the elected showi g of plaintiffs, pe won the suit. An amendment of the complaint would not then be in furtherance of justice. “It dogs not appear from the pe‘sent down froth this Court to the Court below, on the’ affirmation of the judgment. But this does not help the case of the “respondents: } While the appeal is pending the Court below cortainly. could sat Tear. Witeins. Coven: neil: be We guarantee it. Cane Ta Ages Water ‘Works ii Improvements-. journed meeting Thursday evening; all the members present. ° of the city water company and’ asked that the expenditures ineurred in extending the works to Piety Hill, amounting to $5,864.51 be added to the capital stock according to contracts: : dered. On motion it was ordered that.in consideration of the agreement of the company to take up the 4-inch pipe leading to Aristocracy Hill, and replace it-by.a new one six ‘inaties in diameter (the rwork to be completed by the first of June, 1886), the existing rates be fixed as the rates for the ensuing year, except as relates to ‘irrigating vegetable gardens; the actments to be added to the capital stock. It was also provided that and allowing plaintiffs to “file an-. the» four-inch pipe taken. up be given to the residents: ofthe north end of Nevada street, to. be laid at: their expense. in the case, of parties engaged in raising vegetables for market, the The Supreme Court’s opinion is . irrigating rate be fixed at $25 per year. The chair appointed acommittee of two, consisting of Messrs. Robinson and Brown, to arrange and consummate the contract with appeal. This they leclined to do, . the water company. $140 be drawn in favor of the Clerk of the Board, and the money be applied to the payment of the bri-lge and the Ci y Hall. Tuesday evening, March 2d, Be: en A Anti-Chinese Meeting Tonight. meet at the Theatre tonight for the purpose of forming an» antiChinese League. the committees appointed last mitted and. considered, and the subject of establishing a steam laundry here. will be uiscussed speedy. The plaintiffs.under. bl T ring Company versus the Con. _ THE orrt ¥ 1nUSTEES. ., Water Rates Fixed.E, M. Brown appeared in behalf It was so orOn motion it. was. ordered that It was ordered that a warrant for nsurance premium on.Suspension The Board adjourned to meet The people. of Nevada City will The reports. of Wednesday evening will be subwith a view to taking some definite action: Aswe understand, it is: not proposed to begin the boycotting movément against’the Mongolians until everything is ‘arranged so that no undue hardship will be inflicted upon our citizens. {n other words, it is generally agreed by all classes that no binding anti-Chinese pledge can be subscribed to by the members of the League (which will include in men) until a laundry is in operation here. ° An Important suit. he case of the Champion: MinWyoming Mining Company now on trial before Judge Walling in the Superior Court, will probably not be submitted before a week irom to-day at earliest. It is a trespass, damage and injunction suit. Plaintiff alleges that defendant has been extracting ore from its ground, asks for a. perpetual injunction against, further. operations of the kind, and wants to be re-imbu sed by defendant in the sum of $300,000 for damage done by defendant. The attorney for the plaintiff is Edward Lynch of San Francisco. Def-ndant is represented hy Gaylord & Searls, of this city, P. Vanclief of Downievis co. OE Om Railroad Lands. The Transcarrt office has been supplied with a lot of printed matter describing the lands in this county that.are offered for sale by the Central Pacific Railroad Sompany, and persons interested can obtain copies of them upon application. ‘Some of these lands are among the most desirable in this part of the State for timber, agricultural, horticultural and grazing
purposes, and they can be purnominal price. They are bound to increase rapidly in value,, and we know of no more promising investments on the coast. than many ofthe tracts are likely to prove. d Leased the Recreation Grounds. The Union: gays : The Union Cricket Club of Grass Valley has leased from Richardson & Co., that part of Watt Park within the race track. The Union intedds making these the best cricket grounds on the coast. The base ball diamond will not be disturbed, . _ the use of which ean be obtained Ss maean ee — we ote» SannneER meet Irisa gona rule to accept only such medicines as have, after long 82) years of trial, proved worthy~ of ‘confidence. This is a case where other people’s experience. may °be ‘of gréatkervice, and it~has been. the experienc of thousands that otf Mabinnacae” wacom Use D. D. D. ~ renee: . 9, ‘The City Trustees lield an adpomrt ote will be even-more successful than last year’s, not only sofaras the racing events are concerned, but also in respect to the pavilion display. The Directors whose term expired last December have been wisely re-appointed by the Governor. It is decided that the. Boardmeet in this cityon Saturday evening, March 6th, and oryanize for the ensuing year, and transact such other business preiiminary to the coming Fair ‘as may be necessary. The idea of gettin g towork without delay is the correct one. should be prevailed upon to again . t accept the Presidency of the Board. We are satisfied he will protest. against serving another. term in the onerous position; but it is eqally certain that his fellow Directors and the people of the District who have ‘the Associoation’s interests at heart are unanjmons-in-the-opinion that_he will place. his restless ener.y and indomitable perseverancé could have accomplished what he did last year tin behalf of the enterprise. Obstacles that would have disheurtother by him. Few would have devoted their time, attention and thankless task. The citizens of the District ask that he give afiThe other Directurs should see its membership women as well as . . ville,and H, L: Gear, of San wee: b MASS MEETING . ) chased from the Company for: a, Th C) sua ie ‘are that next ale ie ‘A-ciroalas has bake lobeed by O. Executive Committee appointed by the San Jose \Anti-Chinese Convention, requesting each anti-Chinese league, labor organization, and Assembly of Knights of Labor in California, to elect @ dele. . gate to the State Convention of the California Anti-Chinese. Non-Partisan Association, to be held in the Senate Chamber in the State Capital on March 10th, ‘‘As there are to be two Anti-Chinese State Conventions in Sacramento on. that date,” says the circular, ‘‘it is desired that each should be fully at-. tended. Such leagues, assemblies . and organizations as endorse the. Mr. Walrath Jose Convention, should perpetuMeGlasban’s Ciroular—The. Next re uM F. McGlashan, as Chairman of the . 8 of seats, with the names of their . also been found, and a woman's head in stone, with s fillet: eet leaves about it. the. attitude of Vermont when she ‘enforces her Prohibition law. One of the Courts of that State has just tenced him to forty-nine years and Pa.) went on a disgusting spree} action and methods of the San Saturday night, in consequence of holders engraved on them, “have ene Turner is an air. of firmness in fined John O’Neill $6,000 and sena half for selling liquor. The State Supreme Court has affirmed ‘the Lehigh and Reading companate those methods by sending delegates to this, the adjourned meeting of said Convention. The objects ofthe Convention will be to perfect the plans of the association and devise further means for the. lawful exclusion of the Chinese from this coast.” Each association is entitled to one delegate. oe Struck betes a ‘@lase. This is from m_the Tidings of Thuraday: Yesterday evening, about.7 o’clock, E. A. Roberts and a friend walked into the Live Oak saloon, where they encountered H. D.° Brown and a friend of Brown’s. The parties began a conversation, when for some reason or other Brown threw a. barglass at Roberts, striking him over the right eye, cutting a. deep gash circling toward the right temple. The wound bled profusely, and Roberts was taken to Byrne’s drug store where his wound was -dressed.by--Dr. Jamieson,” The blow was so heavy that the glass was shattered into ‘fragments. Tixe doctor informs us that he can see.no immediate danger from the wound, but that Roberts will wear a scar for life. be the right man in the right No man not possessed of ened most men in the same position were overcome one after the meansso unselfighly to such a other season of his services in the same capacity to the good cause. to it that their request is complied with. {Important Imprevements. As will be seen by. reference to the report of the City Trustees’ proceedings,. arrangements have been perfected for giving the Artstocracy Hill part of town an ample supply of water for fire and irrigating purposes, as well as for domestic use. The water company has volunteered to give the residents of the north end of Nevada street the 1100. feet of four-inch pipe that isto be replaced with the larger size from the Union Hotel to Dr, Hunt’s place, after putting it in first-class condition, on condition that the recipients will have it laid down. These changes will be of great benefit to the Aristocracy Hillites. > Tue disfiguring eruptions on the face, th: sunken eye, the pallid complexion, indicate that there is something wrong going on within. Expel the lurking {oe to health by using Ayer’s Sarsaparilla. Not Yet Paid. The Marysville Appeal of Thursday says: The $1,000 fines of Pat Campbell and Ah You were not paid yesterday and Ah You reclines in jail, while Campbell roameth at large and probably will not be seen hereabonts until the money is forthcoming. gre SEES RS Ar Last the Berlin city authori; ties have had to come to it, namely, the arming of the police with revolvers. Three hundred and fifty six-shooters, at $5 apiece, are about to be distributed to the men inthe department of the criminal and eT police. ‘How Mo sot Sa the Chinese Question ?” ° Amnti-Chinese ——-A T+: —— * panger Byctoral ig tho best ~ . When she had children she gave them NEVADA THEATRE, To Night! For the Paryasa Ol ‘Organizing al} by the variousélubs paeting. ies paying off their men. “The . ; It is said that when Mormon Cannon was arrested he was on his way.to Honolulu to: arrange a. Mormon hegira to the Sandwich Islands. Ifthis is so we are sorry he didn’t get away. Pants is arranging a baby show that is intended to serve science. The parents willl be catechised as to their habits, in order to trace he~ reditary effects in their babies. the free list. Should the bill become a law, young man, the last excuse for your freshness will have been taken away. It is rumored that the people of St. Augutine, Fla., are discussing the possibilities of an ice palace for next winter. REREAD ARRIVALS AT THE HOTELS. NEVADA CITY. UNION HOTEL, Necror Bros... PROPRIETORS February, 25. W. H. Wiseman & w, Blue T, C. P. Ropes, San Francisco, R. DeHaven, do E. W. Hoovey, o Geo. Hoskins, R, astioneel, and wife, do J. 8. Michae M. C. Hogan, San hae, z P.R. Johnson, Tulare, S. Mizner, do F. H. McAllister, a A. Organ, A Carley?’ 4 W. Stockham, do C. Bailey, do Joe Jones, do E. Charonnat, Mine, C. Crosby & w, do 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 Castoria LIVER REGULATOR, UNIVERSAL VEGETABLE PANACEA OF CONCENTRATED EXTRACTS, Prepared from the Active Meditinal kroperties contained gy Dandelion, Butternut, Black Root, Bog Bae, Bitte Bitter Hoot, Blood Root, Calisaya Barberry Bark, oe Flag, Indian Hemp, Wa-a-Hoo, Gol:ien Seal For the Speedy and sod Permanuat Relief o of the most, hopeless cases Dy Jaundice, Chills and Fever, pissedoted Digestion, Sick Headache, General Demlity, And all other diseases arising from a Bil ious atate ot a oran ihactive or Diseased Liv: REDINGTON & ©0., 8. F., {Wholesale For sale by all Druggiste. o8-ly ‘ rn ‘ Tux Morrison bill places salt on them with unerring instinct, In ad wi my hair was not y Dr. Richmond’s Samaritan Nerquite gray” bat quite. thin, alg vine are several new ones whose -. medicinal virtues are undoubted. Thousands of cures attest its value. $1. 50 at Carr. Bros. For lame hack;: side. or cheat; . use Shiloh’s Porous. Plaster. Price 25cents. Cart Bros., agents. Finzst liugors, .the choicest groceries of all kinds atSmith's. . E. Ri i this extraordinary sentence. =. B . ide at: Smith’s. . E. Rosenthal’s £20-tf sah . By paying cash'you will save from or, Waboeme Ct weg 7H ‘Tax whole town of Shenandoah, . 10 to.20 per cent.: Crovr, PING Co! and Previous 1 our Annual Stock "Takis, EWE. ‘WILL “GIVE 33% 10 CLOSE OUT THE Smow-flalce’s ph EE ROLLE RAG > an : Oathham. Conzn, “heath way ; set bret peti, by. nears . Paaens are the true remedies for . gra disease. ' The animals; choose Wer shasta 99 add our testimony in-favor of Ely’s Cream Balm ag a sure cure for cold in the head, influenza,.or catarrh, It is a . splendid’ medicine,—Mrs. Eliza + 1 Edstrom, and Mrs. Terndale, Cal. . Making In other words we will sell A $12.00 HAT FOR:$8.00. A $9.00 HAT FOR $6.00. A $6.00 HAT FOR $4.00. A $3.00 HAT FOR $2.00. AND ALL OTHERS IN PROPORTION. _ These Goods are reideleeal'i in plain fuse: just. as . when placed on sale, and the customer. can see that. the reductions are genuine. Selling Out at Cost ! DRY cons, MILLINERY, Is offered For Sale at Retail or by the Lot inorder to sell it . The Goods are peony 3 of THIS SEASON’S PURCHASE and comprise all the MISS ISABELLA PARMENTER, direct. from Boston, ‘where: she has had long experie iness, has been engaged to assist Mrs, Ludby indisposing of the stock. @@F Any person desiring to purchase the business will be given a great bargain. (0@F™ Call early and see the splendid inducements held out to pur chasers. ramento Street is also offered for sale. the late Mrs. Sterling are requested to calf i amediately and settle. ; ! : Nota Single Gray Matz, oe . “You may tao cd ks loh’ cents. New York, I yr gc Crone for me. Try it if you ‘sion. « It reall dogs what ey, and restores hy fo ‘only Sonate y bigh Dee Ye ” @raus val caper Italian Rye; Red Clover, Tim-" othy and Altalfa seeds for sale at . Bronchitis immediately relieved by Bhiloh’s Cure. Carr Bros. ats. DeHaven’s Dyspepsia Destroyer will cure sick headache. ~ ao a ay A new Five-cent Cigar: ‘Tar PLeapers,’’—the best in the mar ket—at Nrvens’. ° 5 Soe ai “EB, Jackson, FHBRUARY ist, — OFF. FOR CASH ON ALL Trimmed Hats and Bonnets, _ Wings and Feathers, the Prices MUCH BELOW cost, MRS. LESTER & CRAWFORD, Near Union Hotel, Main St., Nevada aid, IN ORDER :BUSINESS! 3 FANCY GOODS, IN THE STORE BELONGING--TO The Late Mrs, M. A. iii THE 81 STOCK OF NO REASONABLE OFFER REFUSED. test St; ce in the Dry ‘Goods and Millinery busi-. 2s The Fne Residence of Mrs. Sterling on Sacgz All persons knowing themselves indebted to MRS. J. LUDBY, Commercial St., opposite Transcript Block. cm AMUTNETHESS epee nase eeciwtgi gs Eads “f’'m bound to learn, but I don’t like the idea’ ‘of sit™ ting down on the hard ~Growing more popular. “every ‘day—roller sharing isa SNOWFLAKE WHISK Y—skating on account of the excellent amusement-it affords, and _. SNOWFLAKE because of its absolute purity and especial suitableness for : mney use and medicinal purposes. ee ete ie Té&me in fur ha’f price . ‘cause I iy got one skate.” i O 3 i “Say mister, you orter rink floor.” ha “Ask your grocer for'it.’ i MENTHAN SR