Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-31
CALIFORNIA.

Ing Judge OuluNAu, OF the Cup5rlOE OoufI,
decided one Of the numerous suits instituted
by Burke against the bonanza firm. The
suit decided is that of Burke VS.. Flood ct al.
The complaint charged the fraudulent con-
version Of only few feet of mining ground,
but the principles involved are very impor-
tant. The Judge held that the resolutions of
ratification adopted at the Con. Virginia
stockholders' meeting were Intellectual, be-
cause not adopted by the unanimous consent
of the whole body Of stockholders. All the
transactions except one were held to be such
that the stockholders might have had notice
from the books, at the time, of their charac-
ter, or at least sufficient notice to put them
upon inquiry Therefore the statute of limi-
tation was held to have run against all ex-
cept one transaction, in which Heydenfeldt
purchased III feet of ground from George
w. Kenney. The interest of the Flood
party did not appear to have been dis
closed to the body of stockholders, and the
books conveyed no notice to put stock
holders upon inquiry; SO that one transaction
was held to be exempt from the operation OF
the statute of limitations. Defendants, there
fore, were required to account Tor the prohts
of that transaction. This accounting must
be, the Judge said, to the body of stockhold-
ers constituting the corporation. All holders
of stock at this date will be allowed sixty
DAYS after public notice is given by Master
in Chancery, appointed by the Court, within
which to elect to take the benefit OF the de.
cree herein and present their evidences OF
ownership. The Court will provide in its
decree that all parties failing to come in
within that time shall be foreclosed of all
claim against defendants, or either OF them,
arising out of the transactions considered
herein. On the payment of the several
amounts that may be determined to be due
Il. -. AL AIsah Nf
the decree herein, defendants will be released
from all claim against them iarising on the
part of said corporation or its stockholders.
The 1901 shares of stock issued in this trans
action became equivalent, byreason of several
increases in the capital stock of the defend
ant corporation, and the dividends of Cali
tornia stock issued to stockholders Of defend
ant corporation, to 6, 125 shares of the stock
Of the corporation defendant, and 8, 573 shares
of the California Mining Company. Defend
ants other than the corporation are to account
for said shares of stock or their value at this
date, and for all dividends paid on said shares
of stock, as shown by the evidence in the
trial, together with the interest on such div
idends from the dates of payment. Defend
ants are to be credited with s., $50 actually
paid for the ground, with interest thereon
from April u, 1872. 1t is estimated that the
amount of money Flood ct al will be called
upon to pay over, should they conclude not
to appeal, will be between $500, 900 and
5000, GOO. The decision will have an i'm
portant bearing on the other suits now pend
ing. involving several millions of dollars.
The news Of this decision had no marked ef-
feet or the prices of stock.
SECOND DIsPATCH.l
SAN FRANCISCO, March 39th.-The de-
cision of Judge Sullivan, in the bonanza
case, has been the general topic Of converse
ton on the street this afternoon. The plain
tiff AMI those interested on his side of the
question in this and other suits express great
satisfaction, and hold that, although the re-
covery of the larger portion Of the amount at
issue in this suit-something over $40, 600, 600
lis held by the decision to be barred by the
statute of limitations, the principle for which
they contended is fully established. They
claim that in the suit to recover the value of
tailings to the amount of S26, 900, 900, which
is set for next May, the statute of limitations
will be imperative, and that decision in
their favor is almost foregone conclusion,
as the case is much stronger than the one to-
day decided The case will probably be
taken to the Supreme Court on appeal.
The Debris Case in the Supreme Court.
SAN FRAHo1soo, March 30th.-In the Su-
preme Court to-day, Waymire, for petition
ers in the debris case, moved that writ
issue compelling the transfer OF debris funds
in the State Treasury to the general fund of
the State, and asked continuance until next
Wednesday, to give him and his associates
time for preparation. Attorney General
Hart opposed the motion, stating that two
preliminary questions of great Importance
were involved, which should be determined
without delay. First, whether the original
jurisdiction Of the Supreme Court could be
made TO extend to q writ of prohibition as
against any other than Judicial tribunal !;
second, whether the Judicial power of the
State could be used to prevent coordinate
department of the Government from perform
ing executive functions aud executive duties
prescribed by the statute at the mere instance
of taxpayer He urged an immediate hear
ing. but after some desultory conversation
between the Court and counsel, the Court
ordered the writ to issue, returnable next
Friday. to which time the whole matter vas
continued.
Opposisisn 10 supplemental Tax.
SAN FRANoIseo. March 30th.-William AL
word and some forty or fifty others have
brought suit in the Superior Court, pray
ing for a writ of prohibition to restrain the
Tax Collector from the collection of taxes en-
the Supplemental tax list last fall. The
Tax Collector. claiming TO act under a spe-
cial law applying to San Francisco, made a
supplemental tax list after the regular tax
list had been made up and equalized. 1t is
claimed by plaintiffs that they have paid all
the taxes legally due, and that the supple
mental tax list is illegal and void. The
amount OF property represented in the sup
Elemental list is $50, 100000.
Assassination I'm Contra Costa County.
SAN Francisco, March 30th. = Patrick
Sullivan, a farmer living near Wildcat creek,
Contra Costa county, was found yesterday
living under his wagon near the creek, of the
road, dead and rid6led with buckshot. The
horses had evidently dragged him some 800
wards from the place where he was shot. The
perpetrator CT the murder is supposed to be
some one with whom Sullivan had had law
difficulties, though it is not known that sus-
picion is fixed on any individual. An inquest
is in progress.
The Missing steamer-search Ordered.
VALLEJO, March S0th.-A telegram was
received at the navy yard late this afternoon
ordering the Waehussett to sea Immediately
to search for the missing mail steamer City
of New York. The officers were all to be on
hand at shutdown, if possible, for the ship is
to proceed to sea direct from here Coaling
was begun with force of night laborers, to
get the ship ready to sail by o'clock in the
morning, il possible.
unsuccessful Attempt at Suicide.
Stockton, March Soth--A Chinaman at
tempted suicide by drowning this afternoon.
He refused rope thrown to him, but was
rescued By boat.
visitors at Monterey.
MONTEREY, March 30th.-The following
are among those registered at the Hotel del
Monte to-day J. r. Dwyer, T. s. Malone,
f. Z. Frazer, Mrs. J. III. Hammond and
child, Colorado Springs, Col; Fred. Getckell,
X. F. Klinclinbeard, Laurelps ranch.
The TuIare County Land Trouble.
HASFoRD, March 9Oth. The expected
eisctment Of persons occupying railroad
lands has been again postponed, probably for
want of some one to take possession fer the
company. The influence of the Farmers
Club. lately organized. is against any citizen
assisting the railroad company by taking any
part in the matter. It is composed of our
best citizens, in the interest of law and order
and for the protection IF our own citizens,
strict, from a neutral standpoint. This
community would iep1ecate a repetition OF
the trouble of May last. Marshal Poole and
posse have left.
wheat Shipment foI. Cork.
Los ANGELES, March 30sh.-The bark J.
M. Clerk. with /, 1o0 tons of wheat, cleared
from Wilmington for Cork, ireland, this
morning. The wheat was grown on the New