Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-11-04
Etc.


stein, burned by the explosion OF coal oil
lamp Tuesday. died to-day.
JUDGE MATHEWS ORDER II REGARD TO THE
HYDRAULIC MINEs.
The CAL tomorrow viii publish the fol-
lowing A dispatch, from Marysville, pub
lished in yesterday mornings Cal, to the
effect that Superior Judge Mayhem. Of
Tehama, had issued an order enforcing the
injunction made by Judge Keyser against
the Nevada county hydraulic mines, created
Juror in mining circles in this city.
In search of information as to the probable
effect Of the order, Cal reporter visited the
Office of the North Bloomfield and other
mines, where he found several interested
parties, including Hamilton Smith, Jr.,
President OF the Miners Association, in
earnest consultation with Judge Dibble. of
Nevada county.
What do you think Of Judge Mayhew's
order!n the reporter asked Of Mr.. Smith.
g The legal advisers Of the miners in this
city think that the order is illegal. You
recolleet that the Supreme Court, on an ex
parte hearing. decided that Judge Keyser
was disqualified from trying the case of the
city of Marysville against the Nevada
county gravel mines Judge Keyser then
asked Judge Mayhem TO hear the case. But
instead of hearing the case as represented to
Judge Keyser, he took up the case where
Judge Keyser had stopped, and accepted all
that bad gone before to be legal. BE then
proceeded to order the enforcement of the
Ksyser injunction not after hearing the evil
dance in the case. but upon plaintiffs afidavits
that the miners had failed 90 obey the Keyser
Injunction. So, in effect, it is the Keyser in
junction that the Nevada county Sheriff is
ordered TO enforce, and not an injunction is
sued by Judge Mayhem"
Mr.. Smith and the others interviewed took
the ground that if Judge keyser were not
qualified to judge in the case, any order of
Court issued by him wss illegal and inopera-
tive, and in the present aspect of the case the
miners are 20 be commanded to obey an lille
gal injunction, for tia order enforcing it,
made by another Judge than Keyser, does
not remove the illegality of the original in
junction.
Several mining lawyers in this city are re-
ported as expressing the opinion that Judge
Keyser had no power TO turn the case over to
another Judge in the shape it was taken by
Judge Mayhem. and that the latter could
only issue an order in the case after hearing
fha caea f.opo 10 ;,raaf;o,
"What do you think the Nevada county
Sheriff will do now ?" the reporter asked.
Mr.. Smith, have no means of knowing
what he will do. He may, however, con-
clude that the order is Illegal, and if he con-
suits his legal adviser he will probably be so
advised. In that event, he would probably
refuse to obey the order. We have heard
nothing from Nevada City, however, and
only suppose that the case will present itself
TO the Sheriff's mind "a it has to ours.
Judge MaYhew's order provides that in the
case of the Eureka Lake and Yuba Canal
Company, if the managing agent cannot be
found, sufficient service of the order shall
consist in posting a copy of the same
in a conspicuous place on the mine
of said company, and serving a copy
on the attorney of defendant. This company
is New York corporation, and the agent re-
ferred to, r. McMurry, is the only author
lied agent of the company II this State. He
has kept out Of the way of the officer having
the Keyser injunction for presentation, and
avoided the liability OF arrest for contempt
thereby. The mine. meanwhile, is being kept
in active operation.
The reporter called Dir. Smiths attention
to this portion of Judge Mayhew's order,
when Judge Dibble interrupted with the re-
mark, delivered with sarcastic accent, That
is manner o. serving an order of injunction
heretofore unknown, or, at all events, undis
covered by the Courts of this State"
Mar. Smith was asked, Surprising that the
Sheriff does undertake TO enforce Judge
Mayhew's order to proceed forthwith to the
mines of said mining companies of defend
ants and close down and shut off the water
therefrom, and keep the same closed down
and the water thereof shut off until further
orders of the Court, what would happen ?"
Mr.. Smith replied, 8" am not prepared to
say. You talked with the gravel miners up
there yourself, and ought TO know how they
feel"
The reporter had talked with the miners,
and recolIected that thsy fatty declared that
an order of thu Court is not motive power
enough to close down the hydraulic nines.
Mr.. Smith could no! be induced 60 give an
opinion of the probable result in such an
event, and his non-conmi.tal disposition was
Strengthened by siae remark of Judge
Dibbie, that the least said about that mat
ter the better"
MISCELLANEOUS.
Another saloon man. F. Kraft, has been
arrested for selling liquor to minors.
The management OF the House of Corree-
ton is being Investigated by the Finance
Committee of the Board OF Supervisors.
The wrecked schooner S NJ. Coomb. is a
total less. She is going to pieces on the
rocks off Fort Point. Her insurance amounts
&c SC, 600.
q FIRE on the San Bruno road Thursday
morning destroyed ]. Christ's brewery and
two buildings owned by tbs Claystreet
Bank. Loss about Sc coo.
Next Saturday tie San Francisco Yacht
Club will close the yachting season OF 1881
with ball st tie Club. house. Sauce.ito.
Subsequently the feet viii get under way and
cruise to Mare Island.
Within the past week three small vessels
have cleared for Cape Town, South Africa.
with California wheat. and another small
vessel has been secured TO follow. There
have been similar shipments to the same port
in former years
The body of the sold 'er found hanging from
tree in q ravins near the Cliff House has
been identified as that OF August Borrow. a
native of Germany, aged 80 years, and a
member of Company b, Fourth Artillery.
Deceased was hard drinker, and had been
missing since she 26sh of September.
A carpenter named Oscar f. Williams has
been arrested on o warrant charging him with
bisamy. The complainant is Bertha Gordon,
whose sister Selma he married about six
weeks ago without having obtained legal
dissolution Of the bonds which tied him to
Lula Williams nee SCHNEIDER, who deserted
him soon after thsir m srriage, eight months
ago, and went to Nevada with a gambler.
A Chinese Christian wedding was csle.
brated with considerable eclat in Trinity
Church Thursday morning. Bishop Kip
performed the ceremony. assisted by Revs.
Beers and Spaulding. The groom was Rev.
DR.. Walter Chung Young, pastor OF the