Sacramento daily record-union., 1881-11-21


paid upon the land and mortgage, in accord
ance with the clause in the mortgage deed
asove referred to. The defendant conceded
the right of plaintiff to recover for the taxes
paid upon the residuary part of the real
estate above the mortgage, but claimed that
under the new Constitution he, defendant,
was released from paying taxes upon the
mortgage, or SO much OF the real estate as
was represented by it, and judgment was rem
dered in accordance with his view. The case
having been appealed by plaintiff to the Su.
p-eme Court, the decision below is overruled
In the following language:
The mortgage sought to be foreclosed,
and which was executed before the adoption
OF the present Constitution, contains the fol.
lowing covenant: And it is hereby agreed
that it shall be lawful for the said mortgage,
or his successor or assigns, to pay at maturity
all taxes, liens or other membranes now
subsisting or hereafter to be laid or imposed
upon said lot of land and premises, and
which may be in effect charge thereupon.
= = And that the said mortgagor will.
on demand, repay to the mortgage, in gold
coin, all sums which may have been paid by
the mortgage to discharge any tax, assess
ment or other lien on said premises
and that this mortgage shall stand as secur-
ity for the repayment to the mortgagee for
all sums which he shall have paid for any of
the purposes aforesaid The defendant hay
ing failed to pay the State and county tax
upon the mortgage for 1880, plaintiff paid
the same, and the Court below refused to
award plaintiff the sum thus paid.
=" In the year 1880 the mortgage, for the pur-
pose of taxation, was an interest in the land,
the tax upon which defendant had agreed TO
pay Constitution, Article Kill, Section A..
The covenant was that defendant should pay
GIaH Hox Ab,f ell L.
der the present Constitution he is assessed
only for the value of the land less the amount
of the mortgage debt. The agreement to pay
the whole tax was valid when made, and so
to construe the provision of the Constitution
as that the agreement may not be enforced
according to its terms would be to impair the
obligation of the contract Constitution of the
United States, Article l.. Section 10y. Sec
tion 5 of Article XIII. of the present State
Constitution applies to contracts made after
its adoption.
"Cause remanded, with direction to mod
ify the decree in accordance with the views
herein expressed"
A NEW EsTABLIsHMENT.-Arra
have been perfected for starting large fruit
packing (canning) establishment in this city,
to be located on Front street, near the rail.
road and steamboat depots. Experienced
men in the business from San Franci.co will
form part of the firm, but money will be
furnished by q member and capitalist in
this city. Work upon the building and prep
arations will be commenced the first of the
coming January, and will be completed in
time for the early fruits of next season. The
establishment will furnish employment for
from $50 to 800 boys and girls during several
months of the year. The project may be re-
garded as 2 fixed fact, and will make this a
far more prominent fruit market than in the
past. Sacramento is central point to a vast
fruit region, but heretofore any supplies over
shipments East and sales for immediate use
had to be sent to commission merchants at
other points. With facilities for handling all
that may be shipped to this city, and the ad-
vantage in time, being about day nearer the
Eastern markets than is San Francisco, and
with ample facilities for canning whenever
more profitable or necessary. Sacramento will
become, by reason of its position, the leading
fruit market for large portion of the State.
1t is also predicted by those acquainted with
the canning business that. by reason of the
various varieties of fruit being less infected
and injured by insect pests in this locality,
and thus far more preferable for putting up,
still other canneries will be erected in this
CITY at an carry uay.
The VETERANS HoME-Sumner Post, No.
3, Grand Army of the Republic, have voted
800 from its funds to aid in establishing the
proposed Home for ex-soldiers and sailors. A
joint committee meeting was held on Satur-
day evening at Whittier, Fuller & Co.'S,
on Second street. to consider the subject of
raising further funds for the same object.
There were present from Sumner Post-O. 2.
Dodge, l.. Tozer, J. D. Kent, G. E. Adams,
n. A. Burnett, J. i. Sheehan, IL. Bennett
and J. n. Larkiq. From the Mexican Vet
erans-A. r. Abbott, P. McGraw, T. Holz-
hauser, G. Heinrich and J. Domingos. Of
other ex-soldiers-C. H. Hubbard, w. A.
Koughton and Frank Smith. Mr.. Tozer
was chosen Chairman, and Mr. Bennett
| Secretary. After a discussion and inter.
change of views as TO the most successful
method of procedure, those present were
| finally, upon motion, constituted commit
tee to canvass the city and solicit funds in aid
of establishing the Veterans Home. They
will meet at 8 A. NJ. tomorrow, at the same
place, to commence this work. Members Of
the committee state that from information
received from the Executive Committee al
San Francisco very liberal responses are be
ing made from all the coast States aud Terri
|
Mountains, in aid of the Veterans Home fol-
this coast. Liberal subscriptions have already
been made in this city, ard the COMMITTEES
that starts out tomorrow hopes to raise the
amount to ST. 200 or more.
SUDDEN DEATH.-Rev. D. D. Hart, pastor
of the United Brethren Church, at tht
corner of Fourteenth and K streets, in this
city, died very suddenly in church at the clost
of last evenings service. He had just con
cluded his sermon, and, upon extending ar
| invitation to any who desired the prayers o.
the church, to come forward to the affair." hi
commenced coughing, which produced violent
hemorrhage of the lungs. He sat upon tht
pulpit platform moment, when, becoming
| exhausted, he was removed to lounge and
carried to the front portion of the church
near the stove, where he died about ten mii
utes after he was first taken i'll. The de
ceased came to this coast from Shelby, Rich
land county, Ohio, about three years since
on account of his health, being then in al
advanced stage OF pulmonary disease. HI
was SO years Of age, and leaves wife ant
one daughter. The time of holding th,
funeral has not yet been determined. Th
deceased was very devoted to his work, a!
earnest speaker, and greatly beloved by hi
people and large circle of friends.
THANKSGIVING ENGAGEMENT.-Aue engage
ment is announced for afternoon and evening
on Thanksgiving Day, at the metropolitan
Theater, by the Eastern actress, Miss Ethe
Earle, and George France The latter vii
introduce his trained dog Don in the emo
tional dramas entitled "Wide Awake " an.
Block Came" Among those in support
be Elleford aud Hall, the California Nugget
Charles Kimic. Mill Haught, Morton ant
Bennest, Miss Lou Elleford, Miss Sadie Des
moud and Miss Clara johnson. Popula
prices for admission will be charged-50 sni
% cents; reserved seats 75 cents, which Cal
be obtained at the box cffice Wednesday fron
10 A. n. to 4 P NJ
MERCHANDISE REPORT. = The followin
freight passed Ogden for Sacramento on tn
10Th: For Studebaker Bros, 8 bundles car
riage wheels; Central Pacific Railroad, S
barrels valve oil /. L. Lewis & Co., ca
stoves; 5. Lipmsn, bale blankets: Lindle
& Co, 20 pals fine cut tobacco A. T. Evan
& Co., car cooper hardware, 2 cars beer
The following freight will arrive by th
Atchison, Topeka and Santa Fe Railroad
! O.