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Collection: Newspapers > Nevada Daily Transcript (1863-1868)

April 11, 1883 (4 pages)

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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