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Collection: Newspapers > Nevada Daily Transcript (1863-1868)
April 11, 1883 (4 pages)

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Page: of 4

NBVADA CITY, CAL. .
— —
—
NP. (BROWN...... Business Manager
savanna aes scieurmaet Editor
Nevada Comty ic Press.
. WEDNESDAY, APRIL 11.
THE DEBRIS SOIT.
The Hydraulic Miners Can be Joinedin One Suit—The Defendants’
Demurrer Overruled—Significant
Intimations by the Court. —
Judge Sawyer Monday morning,
in the United States Circuit Court,
rendered a decision on the demurrer
in the case of Edward Woodruff vs.
The North Bloomfield Gravel Mining
Company et al. This is the bill
brought against several, hydraulic
mining companies, owning mines at
various points on the Yuba river and
. ite tributatiesy'to restrain them from
cischarging the debris into the
streams, Defendants demurred to
the bill, and the two points relied on
are .misjoinders: of: deféniatits and
multifarious in “this, that each defendant.is._puraning its business.
severally wictout any connection
with the others, and without joint
interest or joint action; that tlie cause
of action is distinct and several
against each, and neither the defendants nor the several causes of action
ean be joined in the same suit.
Second, that the co-tenant of the
complainant is an_ indispensable
party to the suit, and that it cannot
be maintained without making him a
party, either as —. or defendant,
THE DEMURRER OVERRULED,
Judge Sawyer in his decision says:
“After a very careful examination
and an analysis of the numerous av.
thorities cited on the first point, I
am entirely satisfied that under the
principles of equity jurisprudence as
established in England the United
States adopting that system, there
is no misjoinder of defendants,
--and-that-thebill--is—-net—multifari-ous in the particulars suggested,
It is true that each defendant is independently working its own mines,
understanding, but they all pour
their mining debris into the several
streams, which they know must, by
the force of currents down into the
main river, where they commingle
into indistinguishable mass long before they reach the peint where the
nuisances complained of are commitThis commingling of the delits aha
charged into the various streams by
the several defendants and passing
on to work the destruction alleged;
this aggregation of waste material,
which creates the nuisance, is the
necessary and natural consequence
of the action of the several defendants, and they must respectively be
presumed to know and contemplate
these natural and known physically
necessary results. There isa common interest in the right claimed to
discharge the debrisinto the streams.
The defendants claim a common,
though not a joint right. The final
injury is a single one--a single result of the combined operation of
this debris, and all the defendants
co-operate, in fact, in producing it.
No damages are sought. Only
EQUITABLE RELIEF IS DEMANDED,
By restraining future action, a future contribution by each, to the
nuisance. No inconvenience, or additional costs, can result to the several defendants to the suit, from being joined with others, who, also,
contribute to the same nuisance by
originally independent action—action, in its firet inception and _ first
stages, several, but ultimately co+ Operating to produce the nuisance.
On the contrary, it is convenient to
dispose of it in one case, and ‘the
costs are diminished to each individual, rather than increased, ks a single suit. The administration of justice is thns facilitated, In fact, it is
the only adequate mode of proceeding in cases like thie. I think the
bill not demurrable on the ground of
misjoinder of defendant or multifariousness. I am_ satisfied, also,
that tle defendant is entitled to
main the suit without joininy his cotenant or making him a defendant.
His interest is severed. There is
‘but aunity of possession. His interest is capable of being injured,
and he is entitled to have it protected, whatever course his cotenant
may see fit to pursue. None of the
points on the demurrer relied on are
tenable. The demurrer to the bill
must, therefore, be overruled, with
leave to ‘answer on or before the next
rule day (May Ist) of this court.
SIGNIFICANT INTIMATIONS,
After rendering his opinion, Judge
Sawyer remarked that he had not
decided upon the question of grant‘ing a preliminary injunction. He
advised counsel for, defendants to
speed as much ao possible, as the
question involved therein was one of
' very vast importance to the people
of the State, and thus hasten its
na final termination, He also advised,
counsel to take testimony as to the
fo ity. of building dams in
i rivers 60 as these, to prevent
ie of the debris. _ Also,
¥ TRANSCRIPT.
Ex Auditor Brickwedel died on
Monday i in San Francisco, of pneumonia. .The deceased was a native
of Drangeted, Hanover, born in 1826
and come to this State in 1851. He
was a member of the liquor firm of
Brickwedel & Co., ; was Supervisor
in 1876, and afterwards ‘Auditor.
The deceased was taken ill last
Wednesday. He leaves a wife and
children and a host of friends.
“My election to the United States
Senate has been a great satisfaction
to’ me, of course,” said Mr. Kenna,
of West Virginia, to some friends
who were congratulating him, recently; ‘‘and I, of course, am very
grateful to my friends forit. But I
tell you frankly, gentlemen, that
neither it nor any of the steps of
rapid promotion in my political career has given me so much genuine
pleasure as the fact that my hound
took the preminm at the dog show
the other night,”
+2
Tue books of the Internal Revenue Collector at Portland, Maine,
show that this year 1,162 Federal
licenses to sell liquor at retail have
been taken out in thatState. These
licenses cover 172 cities and towns,
In Portland alone there are 212 of
them and in Lewiston, where Congressman Dingley lives, a town of
20,000 there is one licensed retail
liquor shop for every sixty-five
voters,
Tuk citizens of Mokelunine Hill,
Calaveras county, are taking active
measures for taxing liquor saloons
high rates for license to sell.
ANDREW CLARKE died at Portland, Or. -, Saturday, from wounds
inflicted in a dive two weeks ago by}
Charles Anderson.
Eee
CaILpREN’s pictures taken instanLansonsly by Swart, Bevads ity tt
Do nor be deceived, “Insist on
having the genuine Brown’s Iron
Bitters, made only by the Brown
Chemical Co., and take nothing else,
‘The Beehive
Is the place to buy your groceries
cheap. Go and see how it is for
yourself, 1t
——— +. ee —-“WHAT gives a healthy appetite, an .
increased digestion, strengtl to the
muscles, and tone the nerves?
Brown’s Jron Bitters.
me
Wanted
A young boy for a few hours help
each day. Inquire at Gambrinus
Hall, al0-tf,
OmA Card,
To all whoare suffering’ from the errors
aad indiscretions of youth, nervous weakness, éarly dec y, loss o1 manhood, &c.,
will send a recipe’ that wil] cure you, FRE
OF CHARGE, This great remedy was discovered bya missionary in South America.
Send a self-ac¢rce-sed envel to the. Kev
Josurn “T. Inman, Station D, New Yore
GRASS VALLEY,
ROUGH AND READY,
WASHINGTON,
AT NEVADA CITY,
Rebekah Degree Lodges,
UNIFORMED
Will march from the Odd
Down: Broad Street to
Music by the Band.
Ceremony for the Celebration of
Order of Odd Fellows,
Anniversary Hymn by Glee Club.
Prayer by the Chaplain,”
Select piece by the Glee Club.
Benediction by the Chaplain.
Cc. E,. MONGOR,
J, C. RICH,
_ JOHN WATERS,
. City Treasurer.
Ditg b trey have havearr h
their stock of jewelry, watches,
clocks, silver. ware, notions and
shoes and will hold an_ ‘auction gale
every evening this week, and “pel
private during the day.
ap4-tf. Geo, Tracy, Auctioneer,
The Beehive, i
~ There is no est.blishment north of
Sacramento that offers greater inducements to purchasers of groceries,
provisions, etc., than the Beehive,
on Commercial _——— Nevada, tf
The Horsford sibs and Cook
: Book
Mailed free on application to the
Rumford Chemical Works, Providence, R. T.
ih ar et sein SOAR i la cel
Luck ‘
Isa word which should have no
place inany vocabulary. A man
must have ability to succeed, and a
medical preparation, merit, ee
is no luck about SOZODONT. «=
was sure to succeed from — the pid
because it was good, and uae all that
‘was claimed for it. i
.
Raille.
is i
On Batantiy evening, April 14, a
raffle willtake place at Bank. Exchange Saloon consisting of 3 oil
palitings (neutral tints) ones winter
scene, one a summer scene and a
sketch of ‘Sleepy John,” a famous
pacing horse from the Long Island
stable, For tickets apply to A. S.
Cuase or Sears & Coyne, proprietors of Bank Exchange, _ ap4-15.
SNIPES PRIEST RT TS I SCT Ce TSE
For City Treasurer.
OSEPH D. FLEMING is hereby an
nounced asa candidate for the office of
Election May 7th, 1883,
Delinquent Sale Notice.
ENTENNIAL GOLD GRAVEL a
COMPANY. Lecation of principal place
of busifess Virginia City, Nevada. tion
of works, Washington "hrownship, Nevada
County, fornia.
Notice—There are delinquent, upen the
following described stock, on account of as-sessment, No. 10, levied on the 5th day of
March, 1883, the several amounts set oposits the of the respective share
nolders as follows:
No. No.
Names. Cert. Shares, Amt.
J. P. Flannigan,Trus, pied 2460 62-100-$24 60
Wm Lee, Trustee,
-103.103 ‘3001, 25.100.40.21
George Mclver, Trust, 104
191 207
208 209
210 211
212 18485 01-100 184 35
W, N. Hall, 235 4921 25-100 49 21
Leonard Ewen, Trust, 176
‘ 194 _ 4796 25-100 47 96
D. B. Sohl, Trustee © 188
x 184 204 9842 50-100 98 42
And in accordance with law and an order
of the Board of Directors, made gn the 5th
Jay of March, 1883, .so many ‘shares of
each parcel of such stock as may be necessary,will be sola at. public faction: at the office_of the Com: ve ave inia, Nevada .on
MONDAY, H DAY OF
MAY 1, aL ibe. ae Pi 4 o'clock, P.M..”
of said day te pay said delin juent assessment Fa together with costs ef advertising and <pnene of the sale,
BAKER, Secretary.
ODD FELLOWS’ DAY.
BSE
Qustomah Lodge, No. 16, . , 0.0, F,,
ASSISTED BY THE
LODGES, ENCA MPMENTS,
—AND—REBEKAH DEGREE LODGES
pia, jess
TRUCKEE,
WHEATLAND and other places,
WILL HOLD A GRAND
FRATERNAL RE-UNION,
—--+0 :
At.11 o'clock a-procession of the several Lodges,
With Brass Bands, under the direction of
Grand Marshal Chas. E. Mulloy,
Aided by G. von SCHMITTBURG,
following route:
Commercial, up Commercial to Pine, up Pine to
Broad, up Broad to the Junction of East and West
Broad, countermarch down Broad street to the
THEATRE,
Where the following exercises will be held:
Call to order by the President ofthe Day.
Prayer by the Chaplain, G. E. Brand.
Ode by the Nevada City Glee Club.
Ester R. D. Lodge and other members.
Oration by Wm. H. Barnes, P. G. M,
DISMISSAL FOR DINNER.
. All visiting members with their wives are invited
to dine with Oustomah Lodge.
—_——o9———
The Social Entertainment and Dance will be held
at Hunt's Hall, commencing at 8 o'clock.
Reception. -Committee :
“W. A. MARTIN, ;
C, H. MALLEN, . L. M, SUKEFORTH,
: > Sloer Committee:
CG 2 WARPZIORR, G. v. SCHMITTBURG, JOHN H. RICHARDS,
_—— OHN MICHELL.
(sfice—7¢ South ¢ street, Virginia, Nevada, apl2
NORTH SAN JUAN,
MOORE’S PLAT,
DUTCH FLAT,
APRIL 26, 1883.
escorted by the
BATTALION, ©
Fellows’ Hall mons the
the Plaza, up Main to
the Anniversary of the Independent
=
N. P. BROWN,
AR, WADSWORTH.
‘uring and §
B eLoTNG,
CONS: TING OF FINE
HENS DRESS AND “BUSINESS SUMS,
cagceires ‘ AND BOYS CLOTHING.
:Saseaitee attention i is. directed to my ne of
— ALBERT suUITS,
IN.. BROADCLOTH AND WORSTED,
—AND THE—
CASSIMERE AND SCOTCH
BUSsSIN BSS sSsurTs.
THE BEST 1A TOT OF
Pe ae SUMMER UNDERWEAR
i . Ever brought tc to this market.
THE “LATEST ¢ OUT” IN
Neckwear, Fancy Shirts, 8, Fancy Hosiery, Hats & Caps.
An unusually large display of STRAW HATS.
Take a look at the Se
SAMPLES IN THE SHOW WINDOW,
Then drop i in and learn the low prices.
B. H. MILLER,
Odd Fellows’ Block, Broad Street, Nevada City.
THIS SPACE IS RESERVED FOR
cc/fHE NEW ADVERTISE MEN
LESTER & GRAWFORD,
at ee
WAIT FOR THE MAMMOTH STOCK OF
SPRING AND SUMMER 60008
Now being shipped to this siore.
OPHNING Day
mer Dry Goods '
MONDAY, APRIL 2,1883.
A. BLUMENTEHAX,
Corner of Broad and Pine Streets, Nevada City.
--Has received the Largest Stock of. Spring and
Sunes Dry and Fancy Goods ever brought to
Nevada City,. and will be sold at Astonishing Low
Prices. I have received a full assortment of
Summer Silks, Summer Dress Gods, Black Silks, Rhademas,
anda full assortment of Domestic Goods, Sheetings, Table Linens, Napkins, Blankets, Bed Spreads and Comforters.
ef A full stock of Fancy Goods ant ‘apa s Furnishing Goods,
‘a mea :
CARPETS I
I have the largest stock of of Body 1 Brussel, Threeply and Tapestry ever brought to this city. ©
I invite inspection of my~ epg and ‘puarantee
prices the lowest i in the count yeu
alae AD
SPoT CASE.
eo v j
me sper
46 Broad Streets Nevada City,
CLOTH HOUSE,
FINE TAILORING,
Furnishing Goods, Hats, Etc.
Foreign and Domestic
FINE WOOLENS, ' ®
TAILORS’ TRIMMINGS,
SPRING. AND SUMMER SUITINGS,
BROAD CLOTHS,
BEAVERS,
WORSTEDS,
OUATINES,
bd TAUPELINES,
OUDALES,
PIQUES,
DIAGONALS,
DOESKINS,
MELTONS,
CASSIMERES,
¥ TRICOTS,
TWEEDS, .
NIGGER HEADS,
-For Gentlemen’s Dress and
BUSINESS SUITINGS.
MACHINE SILK,
SEWING SILK, °
MOHATR aid ;
SILK BINDINGS,
LINEN THREAD,
BUTTONS, Etc., Ete.,
Articles for gentlemen’s wear and use:
UNDERWEAR
IN FINE SCOTCH WOOL,
MERINO,
CALIFORNIA FLANNEL,
© OANTON FLANNEL,
AND WHITE JEANS.
Scarlet, Blue and Grey Wool OVERSHIRTS.
TRUNKS and VALIBES.
JUMPERS, .
BLOUSES,
{ COTTONADE PANTS,
DUCK PANTS,
CAKDIGAN JACKETS,
Epeket Knives, Poritmonnalies,
Notions,
HANDKERCHIEFS,
GLOVES,
SCARFS,
“TIES,
ARMLETS,
WHITE SHIRTS,
FANCY. PERCAL,
And CHEVIOT SHIRTS,
GINGHAN BLOUSES,
Boot Blacking and Brushes,
CUFF BUTTONS,
COLLAR BUTTONS,
STUDS and
SCARF PINS,
FOR—-—
NARROW MARGINS
, cies AE inci, :
SPovrt CAHBEH,
C. A. BARRETT,
46 Broad Street, Nevada City.
NEW STORE._
THOMAS MARTIN
OULD respectfully inform the le
W of Nevada City that he has oneed a
New Store on
Broad Street, Nevada City,
Opposite Stumpf’s Hotel, '
And has on hand a complete assortment of
BOOTS AND SHOES,
Furnishing Goods, Hats, Caps,
TRUNKS, VALISES, SATCUELS, Ete.
Call and Examine the
Seamless Miner’s Digging Boots.
My Goods having been purchased for cash
Tam enabled to sell Goods at
Remarkably Low Rates.
Give me call before making your purchases, _ ma
THOMAS MARTIN.
Common-sense Remedy.
SALICYLICA,
or Neuraigia.
Immediate Relief Warranted.
Permanent Cure Guaranteed.
re YEARS ESTABLISHED AND
never krown to fail in a single case
a ot ch: onte. mares to all prominent
physicians and dru; ts for th Lye tisa Rare ggis @ standing of
: SECRET g
t7 THE ONLY DISSOLVER OF THE
POISONOUS ‘URIC ACID WHICH EX:
ISTS IN THE BLOOD OF RHEUMATIC
AND GOUTY PATIENTS,
SALICYELICA is known as a common
sense remedy, because it strikes directly at
the cause of Rheumatism, Gout and Neuralgia, while so many’ so-called: ‘specifics and
a panaceas only treat locally the effee’
It has been conceded by eminent scientists that.outward applications, such as rubbing with ean ointmen Tiniments and
licate those disnes Pesto po tera ons will rot
oof ich are the resuilt.of the poisoning}
of the blood with Uric Acid.
SALICYLICA works with marvelous effect on this'acid, and so removes the disorder. Itisnow exclusively used by all celebrated physicians of Europe. Highest Medical Academy of Paris reports 95 per cent.
cures in three days.
REMEMBER
THAT SALICYLICA isa certain cure for
RHEUMATISM, GOUT and NEURALGIA.
The most ipte:se pains are subd i tly. pai ued almost
Give it atrial. Relief guaranteed or money refnnded.
of testimonials sent on “appliep A BOX,
BOX, 6 BOXES FOR
Sent.free on receipt of money.Ask your Druggist for it.
7 9 not be rae baa Bhs Aa oieyy . oe
i ey as ara a Insist wee tthe le genuine, with
.» On each
sone requisite
S eae prcoens "te the treatment. Take
}no.othes, ofsendtous, Tae
Washburne & Ors Proprietor .
a eee maw oe oe. Reade St. .
7 BARRETT, . os
CHEVIOTS,
STOCKINGS,
No more Ear Gout, . :
Te let lit <a Sei it the Dit States,
Characterized by Eminent Financiers as “‘one of the Best Managed ‘Trust
. Institutions in this country.” All Policies issued under: and governed by
tthe NEW MASSACHUSETTS NON: FORYEPTORE LAW, which has
peer styled
"The Grandest Step in F ir Dealing within the
History of Life Insurance.” ;
By the provisions of this Law, Life Insurance is furnished at ACTU
TUAL BENEFIT ASSESSMENT SOCIETY ever devised:
Consult any local Agent of the Company, or the undersigned.
—o——.
WM. B. HICKOK
Special Agent.
I. J. ROLFE,
Agent for Nevada.
THE CARPET HOUSE
——oF—NEVADA. cCouN Py.
a Qe
BAMBERGER BROTHERS,
The Leading Dry Goods Firm ip
GRASS VALLEY,
Have recently connected their extensive, well and
favorably known establishment with an additional
large floor, arranged into a
CARPET DEPARTMENT
ON A GRAND SCALE,
Having supplied Nevada County with the longfelt'want of a complete line of carpets, from the oe.
est gtade to the best of English Body Brussels,
BAMBERGER BROTHERS
Respectfully invite the people of Nevada City and
_Vicinity to call and inspect their stock, imported _
direct from American and English factories.
Low prices and fair dealings assured. , Carpets
sewed free of charge, and delivered to all’ parts of
Nevada County and adjoining counties.
COST, and for LESS MQNEY than in-any sine or MU.E@ Glad Tidings to, the » People of Nevada City.
BAMBERCER BROTHERS,
Mill Street, opposite Reform Club Hall,
-GRASS VALLEY, CAL.
rr ery
Nevada Drug Store,
WALTER D. VINTON.
Fine Perfumery, Fancy Soaps,
Combs, Brushes, Hand Mirrors,
Toilet Articles of all. kinds.
Careful Attention Given to Compounding Prescriptions
By a Competent Druggist, and PERFECT PURITY guaranteed.
AGENT FOR THE BEST FIRE INSURANCE COMPANIES EXTANT,
IMPERIAL, LONDON, NORTHERN AND QUEEN,”
AND——
‘LIVERPOOL, LONDON AND GLOBE.’
The Boss Grocery Store
Wm. H. SMITH,
THE OLD RELIABLE FAMILY GROCER,
Commercial Street, Nevada City.
:
CONSTANTLY ON HAND A FULL, AND FRESH STOCK Of
Groceries, Provisions, Canned Goods, Hams, Bacon, Flour
» FEED, GRAIN, WINES, LIQUORS, &c.
ae Ne
My Goods are First,Class,and My Feten the Lowest.
.
-_———0—_—
: ’
SAVE MONEY BY TRADING AT
J. E. CARR. T. UM. CARB
CARB BROTHERS,
. Successor to ©. EX. TACT
PROPRIETORS OF THE
PALACE DRUG ‘STORE,
Corner Pine and Commercial Streets. . . NEVADA et
Oi
“A COMPLETE STOCK OF
DRUGS & MEDICINES,
PERFUMERY AND TOILET ARTICLES
And everything else usually found ina ‘first-c
Druc STOR :
——9———
WE ALSO CARRY A FULL LINE
SCHOOL BOOKS, STATIONERY,
Newspapers, Illustrated Papers, Peristiate Ete.A Large Stock of Patent Medicines,
THE Boss GROCERY STORE.
a EE]
AEE ea AT REDUCED, _RATES. AB :
aap or,
oar Presript tions hecalaliy compounded a at all ‘hours sy P. H. BeupEn
an. a si = et nee e