Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-05-25
LOCAL INTELLIGENCE.

The SO. 900 SIDEWALK CASE IN SUPREME
Court. = Yesterday the Gaze of Tranter
against the city of Sacramento, for S1OO
defective sidewalk on K street il June, 1880,
came up on appeal in Department Two of
the Supreme Court, and was submitted after
argument by W. A. Anderson for the city,
and Grove l.. johnson for appellant Tran
ter This case involves the question Of the
liability of the city for any defective street
or sidewalk and Is one OF general import
ance. 1t was commended by the City Attorney
that at common law there could be no liabili-
ty against the city. That unless there was
liability imposed by statute no action could
be maintained against the city. That the
charter does not by any express terms impose
such liability. That the owner of the lot
fronting the 81 iewalk is the party liable.
That the case of Winbigbee VS.. Los Angeles,
As Cal Rep, p. SO. settles the question in
favor Of the city. That the city is the mere
agent Of the property.owrer. That under
recent decisions of the Supreme Court the
city cannot enforce any repairs to streets or
sidewalks except by criminal prosecutions.
A large number of authorities were cited in
support OF those several propositions. Counsel
for appellant cited cases from twenty-three
States of the Union sustaining the opinion
that the city is liable; also stated that all the
text writers hold the liability of municipali.
ties, aud claimed that there is distinction
between the case at bar and the one cited in
40 Cal, p. 36.
MERCHANDISE REPORT. - The following
freight passed Ogden on the 21st instant
For Kirk, Geary & Co., case plasiera, case
medicine, 10 boxes drugs A. A. Van Voor-
III. 1, ~ 7 ho~as sad,Ilar,, bard,,ora lie
crates and 1 sack saddle trees Billingsley &
&C., 100 packages washhoards 2 boxes hard
ware. "a packages rat-traps, packages
sleeves w. +. Peterson, l box labels Hall,
Luhrs & Co., box labels, 10 boxes ported
meat, boxes citron, SO barrels hams;
Grangers' Cooperative Business Association,
8 boxes plows Continental Oil Company,
tank and 300 cases coal oil a. Coolot,
case tobacco, l case cigarettes; Booth
Co., 5 crates ax.handles; Pike & Young,
barrel hardware Blake, Robbins & Co., 81
bundles manila wrapping paper; Holman.
Stanton 4 Co., Is boxes nails, 10 coils cord
age; o. G. Kingsland 4 Son, box hard
ware, 20 boxes nails, IA coils cordage; Q. Z.
Z. r. Company, lathe Huntington, Hop
kins & Co., 16 cases sledges, 443 grind-stopes.
AZ bundles forks, 2 boxes hardware, PA
spools barb wire, section barb wire, l box
fixtures, / box tinware, l box squares W. A.
L @. S. Houghton, case paper; Hall Safe
and Lock Company, vault front; Locke Il
L2venson, rolls carpet; Terry McMorry,
bale corks A. Dennery & Co., 10 boxes
and 1 cask lamp-chimneys boxes, l barrel
and l tiercs glassware Julius Strutz, bar.
rels liquors and l box of samples.
UP AND DowN THE RIvER-Our Isleton
correspondent, having madea trip per steamer
Modoc on Saturday last, writes From
Sacramento to Isletor on the Sacramento
side crops are generally looking well /; fruit,
grain and vegetables in abundance. At Wal
nut Grove some fine improvements have been
made recently. d. d. Radgesky has erected
a new building to be used as a store and
saloon. Il is situated about quarter of
mile above the old landing, beautiful loca-
ton, and one that will reflect credit upon the
business tact of its protector and proprietor.
A wharf is soon to be constructed at this
point for the accommodation of steamers and
to facilitate the delivery of the United States
mails Ga Grand Island, near this place,
there are many fine orchards, among which
are those owned by Mrs. Z. Kercheval, VIM.
Barry and that of the late A. NJ. Tullis. Ga
the Y olo side many fine orchards and grain
ranches are to be found, producing abund-
sntly. At Clarksburg. d. P. Weber, mer-
chant and farmer, has q fine prospect for
grain, but which would have been much bet
ter ii the leVess on the west had been rebuilt,
as the water runs through many small breaks
at this time and foods out grain and veget-
ables planted on low lands.
T GRAND Army RECEPTION. evening
there arrived on the special train conveying
the Boston excursionists, Z. j. Sherman.
Aid-de- Camp to the Commander-in-Chief of
the G. A. r., and S. B. Valentine, Depart
ment Commander Of the State of Vermont.
The Commander of Sumner Post, of this
city, detailed a squad of that post to proceed
to the depot and escort those gentlemen to
Grand Army Hall. The visitors each ad-
dressed the members of the post there as
sembled, upon the progress Of the order in
the East, after which the Post proceeded to
II. Fishers restaurant, on J street, between
Fifth and Sixth, and enjoyed collation..
Toasts were given and responded to, and at
IL o'clock the line formed and marched as an
escort TO the depot. After singing March
ing Through Georgia" the Post broke ranks
and retired,
OPEN.AIR CoNcERT.-0n account of the
threatening weather the musical portion of
the programme intended to be carried out by
the committee in charge of the open-air cen
cert last evening was not had. Ths commit
tee, however met the Boston party, which
arrived here at ten minutes past o'clock,
and escorted them to the Capitol building.
The building was lighted up, SO as to afford
the visitors an opportunity OF inspecting i.
The State Librarian, Talbot Wallis, and his
assistants, were present in the Library rooms
and afforded the visitors every opportunity
possible of inspection. They were much
pleased with the appointments of the insti.
tuition, but the greatest attraction of all
seemed to be the States cabinet Of minerals,
in one of the upper rooms of the Library,
which delighted the party during the entire
evening.
NOTIFICATIONS were filed in the
Secretary of States Office yesterday articles
of incorporation of the Jollities Social Club.
Principal place of business, San Francisco.
Directors-Charles NJ. Ludlam. Joseph D.
Commit, Frederick J. Pratt. John w. Dodge,
Henry Nj. Colety. No capital stock. Also,
of the Saint Joseph's Presentation Convent.
Principal place of business, Berkeley. Di-
rectors-Rsv. p. M. Comerford, James Magee.
Napoleon B. Byrne, james Byrne, Frank
Adams. No capital stock. Also, of the
America Heat and Light Company. Princi-
nal place of business, San Francisco. Direct
ors-Charles Wilson. Aug. j. Bowie, Jr.,
Mitchell Phillips, joseph Austin, d. p.
Tarpy. Capital stock, 100000, divided into
so 900 shares.
DIED OF HIS INJURIES Nathan Gilmore,
Jr., who was run over by the railroad train
at San Jose on Monday last died the same
evening from the effects of his injuries. His
remains passed through this city last evening,
accompanied by his parents, who are taking
them to Ell Dorado for interment.
TAN GAME CAPTURED.-Lsst evening cffi-
GERS Green and Eldred made descent upon
a place where was being conducted the Celes-
tial game of taa and captured the outht, in
Guiding the game-keepers, and lodged them
In the city prison. The case WILL De calico In
the Police Court to-day.
M1L1rARY.-Ths following designations
have been received at general headquarters :;
Major II. A. Weaver. Assistant Adjutsnt-
General. Fourth Brigade, and Mslor i. q.
Hahn. Paymaster on the staff OF the General
commanding the Third Brigade, n. G. q.
TIE BosroN ExcURsroN1sTs.- party of
excu.sionists that came to this coast recently
from Boston arrived here last evening at S:l0
O'Clock. The trsin remained here and Will
start Fast at o'clock this morning. There
are nine cars in the train.
ANrI-DEBRIs.-P. r. Beckley, Chairman
of the Executive Committee of the recently
organized Anti Debris Association, has issued
q call for q meeting OF such body on Tuesday,
June 9Th, in the Courthouse at Sacramento,
at 10 A. NJ.
SUccEssFUL.--The question of the naviga-
ton of the American river was successfully
solsed. The steamer Daisy towed her barge
M that stream to the port Of Folsom and
arrived there yesterday.
NorARY APPOINTED. W. Goodchild
has been appointed as Notary Public for