Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-26
ADVERTISEMENT mlNTIoH.
LOCAL INTELLIGENCE.

Court has rendered DECISION IN the MaGter
of the right Of way through lands of what
was the Mokelumne rancho, which was par
titioned. Certain Of the parties receiving o
given part Of the Land were refused a right Of
wav by other owners through their lands, to
reach the public highway. An action was
brought. but the applicants were denied their
PRAYER by the Superior Court. They claimed
that prior to the partition they had or en-
loved Ii2ht of way over a highway then
used in common by all. The Supreme Court
holds according to the syllabus given by the
Examiner: " A right of way does not ofigi-
nate in mere convenience. 1t must spring
from an express grant, or from an implied
reservation, or from a user for length of
time sufficient to create prescription, or a
bar under the statute of limitations, either Of
which is presumptive evidence OF grant.
The impassablity of a road gives to party
no right to an easement over adjoining land.
1t may confer 8 personal temporary right
which ne has, in common with the travelling
pubic. to pass over the land of another where
an established road is impossible. A decree
in partition established roads in connection
with the lands He'd, the decree could not
be collaterally attacked"
PUBLIC IMPRovEAIENTs.-The work upon
the old city water works is drawing to a
close, and the building as remodeled and i'm
proved will be a very creGitable looking
structure outside and in. The west 40 feet
of the bailding has been entirely torn away,
in accordance with the plans, and the new
west val is completed. The high wall in
closing the iail-yard in rear of the building
has been finished, and gives that side quite
State Prison appearance. The work of filing
the front yard with earth TO the level with
the front walk will be entered upon imma-
diately. Many Of the shade trees have been
removed, and others of choicer varieties are
to take their place. The roof of the Hall
of Records is to be finished to-day, and the
inside finishing will then be entered upon. A
force OF men and teams are at work filling the
lot surrounding the building up to this grade
OF the Court house yard and forward to the
bulkhead at the outside OF the walk. SO that
a pavement can be laid, and the level of
which will be continued with artificial stone
pavement to the front steps of the buildinr.
Police CoURT.-In this Court yesterday,
James B. DENLY, arrested for obtaining
money under false pretenses, was granted a
continuance until tomorrow. James Lynch
pleaded guilty to the beastly charge of ex
posure of person, and was fined $50 Like
the majority OF this class of individuals, his
"fuads were exhausted" and he Was sent
to the County Jail for term Of fifty days
Antoine Pinto. maintaining business without
license, paid his license and costs and was
discharged. Peter Kuuz, battery, case dis
missed upon motion Of the City Attorney.
All Jim, obstructing the sidewalk, case con-
tinued until to-day. John Ferguson was dis
charged from arrest for sleeping on sidewalk.
G. Kyle, alias Toots, found guilty of being
common dIunkard, was sent to the County
Jail for term Of sixty days. Fred McKen-
sey, case of battery, dismissed. Eli Mayo,
obstructiDg highway; obstruction removed,
and upon payment of nominal fine Of 81 and
costs was discharged.
SwAHP LAND CAsE.-The Supreme Court
has rendered decision in swamp land case,
relating to island reclaimed lads in this
county, which Is of much interest to many
Sacramento county citizens. The syllabus
of the case as given by the EcGminer is as
follows: Reclamation District No. 3,
res oondent Ys. Kennedy, appeiIant-Appeal
from Sixth District Court, Sacramento
county Judgment and order reversed. Hay
mond, Allen and AieKune for appellant I;
Blanchard, freeman and Van Fleet for
respondent In action brought to enforce an
alleged ass sssment for reclamation purposes
made under and pursuant to the provision Of
the Political Code, it appearing that the
plaintiff was not originally formed under the
provisions of that Code, nor was it reorgau-
lied Hereunder by virtue of Section 347S
Held, the provisions of the Code has no ap-
plicstion to the plaintiff, and the assessment
based upon them was unauthorized and
void"
DEATH OF CHARLES f. McLANE-L
McLane, of San Francisco, came up night
before last, and went to Folsom on special
train yesterday morning, and from thence by
private team to Indian Diggings, FL Dorado
county, to see his brother. Charles E. Nc
Lane, who was reported very dangerously i'll
at that place. A dispatch was received yes
terday forenoon, after the former had left
here, stating that Charles 4. McLane died
night before last az the above named place.
The deceased was formerly one OF the Direct
ors of the Placsrville Railroad Company
was in early days President of the California
Stage Company, and was also prominently
connected with Wells, Fargo & Col Express
Company. He has been ailiDg for some time,
and it is understood, died from an liberated
condition Of the stomach.
Plaza CONCERT TONIGHT. - The ninth
outdoor concert win be given in the Plaza
this evening, when the First Artillery Band
will present the following programme, which
selections will afford an opportunity for fine
effect ia their rendering: March, Portland
Commsndery )" overture, Nectar" waltz,
Pirates of Penzlrce;" Anvil polka. bell
solo; Cradles Empty, Baby is Gone -
Unlocking Bird" quickstep; Xylophone
solo; " When the Leaves Begin to Turn y
polk, West Point Academy" quickstep
"When You and l Were Young, Maggie =
waltz, fantasia; "Home, Sweet Home"
MERCHANDISE REPoRT.-The following
freight passed Ogden for Sacramento on tbs
80: For Huntington, Hopkins & Co., As,
bars iron, 10 boxes hardware Lindley & Co.
packages tobacco; Capital Furniture Com
pany, I6 boxes chairs 81 bundles chair seats
Mates Il Co, IS boxes lamp chimneys; L. L.
Lewis & Co., cases hardware Sacramento
City Railway. l box hardware; Baker &
Hamilton, 2 boxes hardware; w. A. G. S
Houghton. boxes books; Weinstock & Lu
bin, 2 cases underwear g. McCreary, l bo1
: machinery; J. Parsons, cases shoes.
INcoRPoRATIoNs. There has been flee
with the Secretary of State articles of in
corporation Of the Merchandise Brokers
Protective Association. Principal place o
business, San Francisco. Directors - II
Meyers, U. J. Franklin, d. COIN, l. Abrs
hams and Z. Il. Gibbon. Also, OF the Noun
tain Mill and Mining Company. Principa
place of business. San Jose capital stock
$40. 900 900, in 100000 shares. Directors
y. Jenniugs, c. Budgeley, j. s. Carter, II
o. Weller and J. II. Hornberger.
TELEPHONE CONSOLIDATION. = The tele
phones heretofore under the management 0
J. Is. Gill have been sold by him to the new
telephone company recently established il
this city. The contracts now existing be
tween Dir. Gill and subscribers are to be car
ried out ard service continued as heretofor
until ehe period Of contract expires. Fo
this purpose the central Office at Seventh sn,
J streets will Re continued for the present.
FREIGHrs FOR TIE EAsT.-The followin
freights were forwarded east from this cit.
yesterday Ten of canned goods, 2 of wine
! of merchandise, 3 of sugar, i of soap, 0
salmon, 4 If beans, 10 of green fruit, Q
onions, of mustard seed, Of wool.
Police ARRESTS William Bergen an,
Daniel Cox were yesterday arrested for bat
terry by officers Ash and Campbell Raphae
Nasquez for same offense, by officer Stewart
Jim Morgan, drunk, by officers Lee an,
Arlington.
HALE's monster sale of dry goods has ha,
wider significance than appears on its face
it has taught The people much with regard L