Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-06-02

Items Of News from British Columbia and
Washington Territory.
Etc Etc. Etc.
CALIFORNIA.
SAN Francisco, June 1st.-The Supreme
Court has denied the application of John ii.
Burke for writ of mandamus to compel the
Assessor to assess certificates of stock.
SECOND DISPATCH.l
SAN Francisco, june 1st-In deciding the
case of Burke VS.. the Assessor, on the ques-
tion of taxing certificates of stock, to-day
Justice Ross, in delivering the opinion, held
that the Constitution of the State does not
require or authorize double taxation. On the
contrary, its language clearly prohibits it.
The stock of any corporation consists of its
franchise and such other property as the cor.
poration may own. When, therefore, all oil
the property of the corporation is assessed
its franchise and all of its other property oi
every character-then all of the stock of the
corporation is assessed, and the mandate Of
the Constitution is complied with. This prop
erty is held by the corporation In trust
for stockholders, who are beneficial owners OF
it in certain proportions called shares, ano
which are usually evidenced by certificates OF
stock. The share of each stockholder is un'
doubtedly property, but it is an interest in
the very property held by the corporation,
nothing more. When the property of cor
poration is assessed to it, and the tax thereon
paid, who but the stockholders pay it 1t is
true that it is paid from the treasury OF the
corporation before the money therein l:
divided, but it is substantially the same thing
as if paid from the pockets of the individual
stockholders. Justices Sharpstein, Mckee.
Thornton and McKinstry concur in the de-
cision. Chief Justice Morrison concurs SC
far as the opinion relates to savings bank de-
posits, expressing no opinion on the question
of taxation of certificates Of stock. Justice
Myrick concurs, except the assessment oi
savings bank deposits, on which subject
he expresses no opinion. In business circles
the decision gives great satisfaction, and is
considered to have an important bearing on
the interests of the State.
Trial Of Clarence Gray for the Murder
or Theodore Clancy.
REDWOOD CITY, June 1st.-The trial OF
Clarence Gray for the murder OF Theodore
Clancy, late editor of the Santa Barbara
Press, commenced to-day in the Superior
Court of San Mateo county, Judge Head
presiding. Jones of Sacramento, Thomas of
Santa Barbara, and District Attorney Rowley
of Redwood are attorneys for the prosecution,
and Fox & Ross and Harvey Kincaid of Red
wood City, CARRIER, Thornton & Bishop of
San Francisco, and Garfield of Santa Bar
bara appeared for the defense. The case was
transferred from Santa Barbara. About
fifty witnesses are present from that county.
Eight witnesses are absent, and motions for
a continuance will probably be made to-mor-
row. The work of impaneling a jury has
progressed rapidly this forenoon, four jurors
having been sworn to try the case. Little
seems to be known regarding the merits of
SECOND DIsPATCH.l
REDWOOD CRY, June 1st.-The names of
fifty-fve jurors were included in the panel,
hausted. Five Jurors have been sworn. The
Court ordered sixty additional jurors drawn,
to appear Friday at 10 o'clock. Adjourned
until Friday.
Another Victim of Stock Gambling.
STOCKTON, June 1st.-James Lucas, for
many years clerk in number of grocery
houses in this city, mysteriously disappeared
on Monday evening last. Fears being enter
tanned that he had committed suicide, the
slough was dragged and the body found at l
o'clock to-day. Deceased was about 80 years
old, and native of Pittsburg, Pa. He was
respected by all of his acquaintances. 1t is
thought he committed the act in a fit of de-
spondency having lost all his earnings for
many years in stocks. A number of years
ago he lost great deal in Dayton and Wood
vile.
Remanded 20 the Custody of the Sheriff.
SANTA Rosa, June ,1st.-The application
of William Hollis for discharge on habeas
corpus is denied. The prisoner was re-
manded to the custody of the Sheriff of the
city and county of San Francisco.
Assault to Commit Murder-HeId for
Trial.
MARTINEZ, June 1st.-In the Superior
Court to-day G. w. Colby, President of the
Grangers' Bank, was tried on charge of as
sault with intent to commit murder. The
jury, after short consultation, brought in a
verdict of guilty. This case has created coz
siderable interest, and arose out of dispute
between Colby and the McCargar brothers.
Much ill.feeling existed on both sides and
some shooting was INDUCED in. Sentence
was deferred.
Henry Grcsser, charged with the murder OF
Christian Smith on the 10Th of May in Marsh
canyon. has, after lengthy examination be-
fore Justice Bailhacke, been held for trial,
and his application for bail denied.
Death OF a Pioneer.
NILES, June 1st.-Michael j. Overacher,
one of the oldest and most respected pioneers
of Alameda county, died at his residence
near Niles at quarter to o'clock this even
ing, after an illness of three months.
Strike OF Railroad Lab0rcrs.
BoDIE, May 1st.-The white men at work
at the Bodie end of the new Mono Lake
Railroad, to the number of about 100, struck
this afternoon. They have been receiving
81 % per day, and board. They demanded
81 and board. The company refused to &C.
cede to the demand, and the men were given
tonight of the strikers. Several of the men
who quit are preparing to return to work in
the morning.
The Duke and His Party.
Los ANGELES, June 1st.-The Duke of
Sutherland and party spent last night at
Santa Monica. They came up this after
noon, and were driven about the city. They
expressed themselves highly delighted with
this section, and promised to return if pos.
sible. They left for for San Francisco on the
regular train this evening.
Railroad Actiyify--Tclephone Exchange.
San DIEGO, June 1st.-There is steady
activity in the prosecution of the California
Southern Railroad from San Diego. The
lettings on the new grade work through Tenn.
ecual canyon will be awarded in day or two.
The company has two parties at work in
Cajop Pass, one having been there several
days. A large engine for the company's
work shops here left the builders in Provi-
dence, r. l., May 21st. Rails for two miles
of track are being made at the Pacific Roll.
ing Mills, San Franisco, and will begin to
arrive here in week or two. The company
will build their own construction cars at their
National City werk shops. Work along the
line is being pushed to the utmost, and is
frst-class in every respect.
The material for the Telephone Exchange
arrived yesterday, and Manager Thompson
is already at work putting up the wires.