Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-28
oIry IusrIczg gALaRY CASES.

Yesterday afternoon the attention OF TIE
Superior Court, Judge benson presiding'
was occupied in hearing arguments upon ae-
murrer in the cases of P. II. Coggins and ).
C. Tubbs vs.. the City Of Sacramento, Tor
salary and office rnts, under Section lOS of
the Code Of Civil Procedure, passed April,
1880 The section provides that in ever city
having 1O. coo, and not more than DO coo IN
bahitants. there shall be one Justice OF the
! Peace. and in every city having 10000. and
not more than 100, 900 Inhabitants, two JUS
tees of the Peace, to be elected by the quail
fed electors of the township at the general
State election. No person is eligible to the
office in q city having over 10, coo Inhabitants
who has not been admitted to practice in a
Court Of record. It also provides that every
Justice of the Peace in any city having over
10, goo Inhabitants, shall receive an annual
salary of s.. 600 per annum and be provided
by the city authorities with suitable office
in which to held his Court. All fees which
are by law chargable for services by such j us
tees are to be collected by them respectively,
and on the first Monday in each month to re-
port the same under oath to the City Treas
urer and pay the amount into the city treas
ury to the credit of the general fund.
1t was argued by City Attorney w. A.
Anderson in support of the demurrer, which
is general in effect, that the section in question
was unconstitutional, because it was an
amendment to the city charter; that 1t i'm
posed additional burdens upon the city that
the Act was special in its character and IN It's
operation that it created an entirely new
Court, with different powers, duties, AID re-
curing different qualifications /; that the OF
flee, under Section 1O3, Code of Civil Pro
cedure, could in no sense be a municipal Of
fee that such officer is not amenable 10 the
city authorities, does not execute any bono ID
the city, Is net under the control OF the CITY
authorities, and if vacancy should occur the
authorities have no power of appointment tor
filing such vacancy 4; that Justice OF the
Peace is purely a State judicial officer; that
the Act, being an amendment to the city
charter in its operation and effect, does not
contain its purport in its title, being an
amendment to the Codesof Civil Procedure;
that it only provides for cities of more than
0,OO0 and under 100 600, and was therefore
not uniform in its operation that the effect
of the application of the section in question
would be to pay the salaries of the claimants,
and the business would nearly all be put upon
the Justices Of the county not receiving any
salaries.
The City Attorney recited large number
ositions advanced.
Messrs Coggins and Tubbs Ia their argu-
ments relied upon the recent decision of the
Supreme Court in the case of Pennie vs..
Ransom, being the contest between the San
Francisco par ties. wherein that Court by its
dictum said that it could find nothing I'M
constitutional in the Act of 1880 including
said Section 103, Code of Civil Procedure"
After the argument Judge benson took the
matter under advisement, and intimated that
he would deliver written opinion in the
case.
The SoLANo DIsABLED.-A dispatch was
received by the railroad officials yesterday
morning that break had occurred in the ma
chinery of the steam ferryboat Solano, which
transfers the trains across the straits between
Benicia and Port Costa. Superintendent
Pratt and General Master Mechanic Stevens
accompanied by few others, went down upon
a special train and returned last evening
The break is the coupling OF a shaft which
is formed of two sections. This part of the
machinery was made at the East, and hence
the company has no pattern of the piece
which Ihas to be renewed, but only the draw
ings Nearly the entire force in the pattern
department were at once put to work
in making the necessary patterns last night
with q view to have them completed
by to day. The broken part is al immense
casting, weighing several thousands pounds
and about S feet in diameter. 1t is expected
the repairs will be completed in week or ten
days. Meantime. the trains between here and
San Francisco will be somewhat changed as to
time of arrival. The new time card viii re-
main in force, and all trains will leave their
starting point at the hours therein named.
The overland train to San Francisco in the
morning will leave as usual, but 90 by way
Of Stockton, and the overland train East
will also leave San Francisco at usual time,
but come by way of Stockton, and be about
an hour and half TO two hours late in its
arrival here in the evening. The present
San Francisco express will leave according TO
schedule time and go by way Of Vallejo, and
from there to Vallejo junction by boat, and
thence to Oakland by rail. Also the Sacra-
mento express viii leave San Francisco on
irving here about u minutes later than
schedule time.
Mas. CARTER's CONCERT.
evening Mrs. Addie Carter viii give vocal
and instrumental concert at the Congrega-
tional Church. There are fourteen numbers
in the programme OF these Mrs. Carter fills
but one, the others being assigned to Mrs.
DIR. Bruno, Mrs. G.. r. Hansbrow, Mrs.
Lanphere, and Messrs. Moore, Crandall, Me
Neil, De Yoe, Ksrle, Beaumont, Fleissner.
and chorus. The selections embrace
quartet, violin solo, piano solo, duet, trio and
chorus. The pieces to be given are "T The
Wanderer, Schubert aria from 'Traviata;"
"Scena de Ballet" De BeriOt; fantasia
brilliant from I'll Trovatore :" "Gypsy's
Song Levy; "Notte-a-V enezis," Ardlti
TO the Portrait of My Mother" I.eder
with violin obligato); Sweet Mignonette; :"
1.-The Return" Willard; "Valse de JUL
cite, Raft, and three others not named on
the programme. The beneficiary has placed
the price OF admission at fifty cents
PERsoNAL.-Mrs. James l. Felter left last
evening on the Eastern overland train for
New York City, where she will spend several
months with her daughter, Mrs Hamilton.
Chas. Cadwalader and Railroad Commission
er Cone were in the city yesterday ard re-
turned to Red Bluff in the afternoon. County
Clerk w. w. Stuart was also in the city. a.
+. Bailey, manager of the "Tcurists"
theatrical combination, is in the city making
arrangements for the appearance OF that
troupe at the Metropolitan Theater next
week.
BLOOMING CACTUs.-One of the varieties of
cactus recently brought here from the desert
country in Arizona, and set out between the
railroad boiler and machine shops, is now in
blossom, and the flower is marvel of beauty.
Other varieties in the same grounds are bud
ded, and will soon present further floral curl
osity from this peculiar species of plants.
ARMY AND NAvr LEAGUE.-At meeting
of the State Encampment Of the Army and
Navy League at San Francisco Saturday, H.
H. Linrel, Of Sacramento, was chosen
Senior Vice Commander. Seven camps were
represented at the meeting. A collection
for John Browns widow realized 500 80.
DECISION Arr1RAED.-The Supreme Court
has just rendered It's decision upon the ap-
zeal taken in the Troy Dye case, affirming
tfs action of the Superior Court that hung
him two years ago It's good thing it
didn't nov conclude to give him new trial.
MAY FESTIVAL. twenty. second ar