Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-10
LOCAL INTELLIGENCE.
COUNSEL FEES CASE.

COUNSEL FEES CASE
City Attorney w. A. Anderson yesterday
fled a demurrer in answer to the action
recently instituted by Messrs. Curtis & Clunie
for $4,000 as counsel fees for services in be-
half of the city in ths case of Hoagland and
others against Sacramento. The claim is
based upon an award made bya committee of
arbitration composed of Ham G. Harrison.
Robert Hamilton and Fred Cox. in January.
1879 The case is now iu the Superior
Court, and the demurrer referred TO is as fol-
lews
The defendant demurrs to the complaint Of
plaintiffs herein on file:
First-Because said complaint does not
state facts sufficient to constitute cause Of
action.
Second-That thu defendant had no power
nor authority to submit the alleged matter of
dispute or difference to arbitration.
Ihird-That said alleged submission is void
for uncertainty, in this, that said submission
does not contain the names OF the arbitrator
or arbitrators and does not specify the exact
subjec.-matter of difference or dispute.
Fourth-That it does not appear that said
arbitrators were ever named or qualified or
acted as required by law.
alleged award was ever served upon de-
PENDANT.
Sixth-That it does not appear from al
legged award that defendant ever had hear.
ing before said alleged arbitrators.
Seventh-That the award alleged is un-
certain in this, that it does not appear
what proportion thereof shall be awarded to
each plaintiff, it not being alleged that they
were partners also, it does not appear that
ha haA hoar H.
showing before said arbitrator with regard
to the alleged matters in dispute or differ
ence also. it does not appear that the matter
OF the alleged dispute or difference had been
heard or passed upon also, that there is not
sufficient in said alleged award to base
judgment upon.
RESIGNED But Nor CALM.-When the case
of John Daugherty came up yesterday in the
Police Court upon charge of libel preferred by
George w. Ficks, the defendants attorney,
l. S. Brown made application for another
continuance Of the examination, upon the
ground that his associate counsel In the case,
Mr.. Jones, was absent. Judge Henry did not
regard the reason stated as sufficient, and as
two important witnesses for the prosecution
were about to leave the city, directed that the
examination proceed. Mr. Brown still in
sisted upon postponement, but the Judge d.
rected the prosecuting witness to take the
st md. He did so, and after the Court had
again sterniy Modified the objecting habit of
the counsel for delay, His Honor procee led
to administer the oath to the witness but
while doing 80 the defendant was left with
out legal advisor in Court, by Mr.. Browns
jumping up in colicky way, carrying out
his hat and declaring that he resigned the
case. This however, did not interfere with
the equilibrium of the Court, and the defend.
ant not desiring to select other legal aid, the
testimony of the prosecuting witness was
heard, and copy of the letter from defend
ant to Mr.. Eicks containing the libelous pub.
LEGATION was submitted to the examining
magistrate, when the case was taken under
advisement.
FREIGHT BY RATL.-Twenty-six carloads
of cattle were taken through yesterday from
Wells and Winnemuccs, Nevada, to Oak
land and San Francisco. A carload of tail
ings was taken from Mound House to San
Francisco. Carloads were received for this
point asfollows One tank Of oil, Of iron, 6
of wool, : of wheat of shakes, of -four, of
lumber. of ice, Is Of granite, of meschan-
disc, of candles, l of hay, Of coal. Eight
cars steel rails passed through to Carlin, and a
special train of so cars of wheat was brought
GOWN lIoln tlS oregon DIVISION ana cOuSiBl6u
TO Vallejo. Carloads of freight were shipped
East , of sugar, 8 of salmon, 10 of canned
goods, l Of dried fruit, l of green fruit, of
general merchandise, l of ore for New York
City, l of potatoes, 8 of coffee, l of wood, l
Of shingles and l of wool. a carload OF but
ter passed through from the East for San
Francisco. Six bales of the new hop crop
were forwarded to San Francisco by r. j.
Merkley.
FREIGHT REPoRT.-The following freight
passed Osden for Sacramento on the 9TH
For Huntington, Hopkins Co, II boxes
cases rails, cases vises, cases jaek-screws,
155 bundles iron; Hall, Lghrs & Co, boxes
mustard; + Lyon & Co, l box cotton
goods; Adams, Mcneil & Co., 40 boxes
baking powder 10 boxes extracts. 40 boxes
lemon sugar, 10 half barrels and 20 kits fish,
80 boxes tobacco A. Coolot, l case paper,
cases envelopes Hale Bros. & Co., case
dry goods, s cases boots and shoes; A. A.
Van VOORHEES,, bundle saddlery Weinstock
& Lubin, 2 cases dry goods; j. NJ. WED
mann. barrels candy; n. S. Arnold & Co..
l box riyets; w. A. & G. S. Houghtop,
bundles paper; j. T. Ssoll, box hardware
Central Pacific Railroad Company, barrels
paint Whittier. Fuller & Co., box var
nish; +. Kuntz, l box household goods.
HOWARD BENEVOLENT AssooIArIoN.-At
the meeting of the Directors, August 7th, the
reports showed l64 persons assisted during
the month of July, by 5s4 dispensations.
There remained upon the books, August LIST,
AZ families, consisting of II infrm men, 3S
women ard 81 children-in all 1885, There
was paid into the treasury from monthly sub
scriptiors, SiO5 90: from other sources,
$50 80; total, Sl26 80. Discussed by the
Treasurer, 1864 ~ balance in the treasury
August LIST, S6O3 So from which sum is TO be
taken the bills audited at the meeting.
1894 9S, leaving sos s. available for fnture
use. Notice of donations in another column.
WHEAT HANDLISG.-Captain Foster re-
TUNED yesterday from trip of several days
in the upper part of the Sacramento valley.
and reports that there is more activity in the
sale and handling of wheat, with an apparent
tendency to little higher price. At McIn-
tosh Landing the warehouses are about full.
There are now at Squaw Hill about Is, 900
sacks OF old wheat and at Marysville and
other places the amount of last years grain
is quite large. Fennell is building a very
large brick warehouse, which il was under
stood will have from five to six thousand
tons capacity. II is to be completed for stor
ing this years grain.
DINE SAVINGS BANK CAsEs.-An action
has been commenced by Mrs. E. A. Allen
against Silas earle, George p. Register, A. s.
Hopkins and w. A. Fountain, who were
chosen committee by the depositors in the
Dime Savings Bank for the purpose of bring
ing suits for recovery of their deposits, and
who having settled the cases. hers among the
number, are alleged to have failed to pay to
her the proportion due of the proceeds OBJ.
tanned. The suit is brought before Justice
?. II. Coggins for 1929, by d. E. Alexander
as attorney for plaintiff
VERKIN ENTRAcHT.-The singing section
of this society met last night at Grand Army
Hall and elected the following officers :
President, Geo. Claussenius Secretary. C.
L. Gutheil Treasurer, Ed. Breining Ar.
chiyar, John HitzsHbsrger. This section.
under the leadership of Professor Heinrich. Il
progressing satisfactorily to itself.
CoNMERcIAL.-The steamer C. NJ. Small
came down yesterday with barge Hope.
loaded with wheat from the Feather river.
The Modoc viii be repaired and ready to Re.
sumo her trips, 1t is thought, the latter part
of the present week.