Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-02

ioSseiOn o1 tuc SASCS Ot Tue lOrcCiosulc pro
ceedings, Judge McCrary holds that the rati
fcation of the contract and the use of the line
under it bind the successors the same as the
original railroad company. On the question
of the exclusive privilege given the Telegraph
Company OF constructing and operating a
line of telegraph along the railroad, he says
he has little doubt that the clause referred to
is void, and if any other telegraph company
desires to construct a line the Western Union
cannot object, but the clause does not vitiate
the entire contract as between the parties,
and much less does it preclude the plaintiff
from seeking the aid of a Courtof equity to pro.
tect rights acquired under it and growing out
of its execution. The defendants may be
able to show that the contract ought to be
cancelled by decree of the Court. That is
a question which can only be determined
upon final hearings. In cases of this kind,
where the contract requires continuous SER
vice for series of years, and where the par
ties disagree, even then the contract is not
absolutely void. If the defendants, after
years of acquiesence in the contract in ques-
tion, and after receiving the benefits, and
after property had been built up under it
to which Others made claim, became suddenly
convinced that it was void contract, it was
their duty to apply to the Courts for relief,
praying a cancellation of the contract and a
full and fair settlement of all accounts grow
ing out Of It's execution in the past Until
they seek some such remedy, and until a fair
settlement up in full accounting can be had,
they will be enjoined from attempting to
eject the plaintiff or to seize his property.
The demurrer to the bill is overruled.
who Got the Awards.
WASHINGTON, July 31st.-The Secretary
of State has just received communication
from Augusta Mann, Honorary Commissioner
and Acting Executive Officer of the United
States Commission of the Sydney Interna-
tional Exhibition, embodying a complete list
of the awards made to the United States ex-
hibitors. There were 223 exhibitors from
this country, and 2SS awards made to them.
The relative order of merit of the award is,
first degree of merit, special first degree of
merit, highly commended, commended, and
honorably mentioned. The following are
among the awards: Ezra Hinckley of San
Francisco, Beldin Brothers of San Francisco,
A. l.. Bancroft & Co. of San Francisco Alt
henese Windmill Company Of San Francisco,
J. w. and V. Cook of Clifton, Oregon,
Pork and Packing Company /; Lowery Co.
of San Francisco and E. Guittard L Co. of
San Francisco. Among those highly COM
mended are Hunter Brothers of San Fran
cisco, Morrison Hutchinson of New York
and San Francisco, w. L. Coleman & Co.
San Francisco, Lowery & Co. of San Fran
cisco two awards), E. Guittard & Co. of San
Francisco two awards). Among those com
mended are Charles Langley & Co. of San
Francisco, Lowery & Co. of San Francisco
1.-TWO awards), E. Guittard & Co. of San Fran
cisco. Among those honorably mentioned
are Crane l. Brigham of San Francisco, w.
L. Coleman of San Francisco Lowery & Co.
of San Francisco and Z. Guittard & Co. of
San Francisco.
Northumberland Passengers.
OMAHA, July 31st.-The following through
passengers were on to-day's train, leaving at
12:15 P. NJ, to arrive in Sacramento August
4th Z: Miss NJ. j. McCloskey, Miss Herpho
Semler, Mr.. and Mrs. VIM. Shields, G. Mey-
enstein, San Francisco; Mr.. and Mrs. VIM.
ID. Brittarn, William G.. Newing, Phila.
delphia; j. d. Branch, Providence. r. |. ;
Mr.. and Mrs, G; A. Irving. Ukiah, Cal; d.
I. Marshard. Tucson; Miss Emma Tapp,
San Jose; Mr. and Mrs, Chas. Cotter, Ed
wardsville, ILL.,; J. Clary, Jr., Scotland !;
Walter Mothisell, Ell. j. Maryland, Man
chester, England; II. Woodyer, London,
England.
Thirty-six through emigrants left on last
nights emigrant train, to arrive in Sacra-
mento August 9TH.
A FarciaI FizIe.
CHICAGO, July 31st.-A Tribune New York
special says: The widely-advertised Span
ish bull-fght at 10th street and Sixth
avenue, turned out to be very much of q
farce. Four thousand people were present.
Twelve Texan steers were i'll the inclosure a
dozen swarthy Spaniards in gay apparel,
posed picturesquely, and Mr.. Bergh, with
twelve Of his officers, were on hand to see
that there was no cruelty to the animals.
The Superintendent of Police and sixty men
were ready to keep the crowd in order, but
after all, no horses were allowed to enter the
ring, and the Spaniards were not permitted
to irritate the animals with darts. The crowd
went to see blood, but no gore was split.
A Broken Bank.
DENVER (Col), July 31st.-I'he Repubi-
cans Leadvile special says: The Bank of
Colorado was attached this morning, on a
check of $780, which they were unable to
pay on account Of E. T. Lane, the Cashier,
having absconded with the funds of the
bank The amount of loss to depositors Is
not stated.
The Western Crops.
CHICAGO, July 31st.-Crop reports from
Wisconsin indicate smaller and inferior
yield to that of last year. The total is put
at 15, 000, GOO bushels. Iowa wheat is of fine
quality 20 per cent. better yield, and same
acreage. Minnesota has magnificent crop,
estimated at A, ZOO, 600 bushels. very plump
and hard Dakota also has the prospect Of
80 bushels an acre over 80 per cent. in
creased acreage. Michigan's product is esti-
mated at 35 coo. 600 bushels.
A Challenge Accepted.
MINNEAPOLIS Mimi, July 31st.-Miss
Belle Clarke, of California, and Miss Emma
Jewett, of Litchfieid, MINI, who are to ride
twenty-mile equestrian race at Minneapolis
on the 7th of September, have beth accepted
a proposition of Miss Minnie Pinneo, of
Greeley, Col, to ride the winner twenty
mile race for $1,000 side, the race to be
made on the same track ON the 10th or 11th
of September.
WOrkmen Wanted in Chicago.
CHICAGO, July 31st.-In view of the fact
that, in spite of bricklay er's wages being SS
per day, and laborers' 81 rs, many building
enterprises in this city have suspended be-
cause builders cannot get hands, the Mas
ter Mssons and Builders Association tonight
resolved to invite laborers from other cities
to come to Chicago. and the members pledge
themselves to furnish strangers with work
through the Secretary of she Association.
There is work for at least $50 men on build
ings at once.
A Great College.
CHICAGO, July 31st.-The Tri5uae's New
Ysrk special says: Judge Hilton and Mrs.
A. I. Stewart have lately been engaged in
perfecting arrangements for the endowment
Of the largest and most complete college in
America, with fund of between S. 600, 600
and 81, ,000,o0 The college is to be located
at Garden City,. where the remains of the
late millionaire were to have reposed.
The Kansas Crops.
ATcHIsoN, July 31st.-The quarterly re-
port of the State Board of Agriculture, Just
issued. shows the area in winter wheat this
year TO be 2, 210, 367 acres, an increase OF $780,
70S acres over 1879. The area in corn is
3,54S. 474 acres, an increase of 553, 404 acres
over 1879. The crops of small grain, except
in the extreme western part of the State.
have been generally good. and corn promises
very heavy yield.
FOREIGN NEWS.
Whipping the Turcomans.
ST. PETERSBURG, July 31st. = General
Skobsloff telegraphs that he started on the
Goth instant on reconnaissance from Bami
against the Tekks Turcomans, with light