Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-12-11
TIE CITY ONE PER CENT. CASES.

The cases of Meyer VS.. the Board of
Trustees of Sacramento, to compel the levy
of one per cent. taxes for sinking and interest
fund, recently removed on motion Of defend
ants, came up for argument before Circuit
Judge George NJ. Ssbin, of Nevada, sitting for
Judge Sawyer, yesterday, on plaintiffs mo-
ton to remand the cases back to the Supreme
Court of this State. The cases were argued
by S. c. benson and S. Rosenbaum for
plaintiff, and w. A. Anderson and J. II.
McKune for defendants.
1t was commended by plaintiff that there
is no Federal question involved, and that
the Federal Courts can have no original juris-
dction upon writs OF mandate that the
State Constitution contains the same pro.
vision with regard to impairing the obligation
of contracts that is in the United States Con.
stitution therefore the whole matter could
be determined by the State Courts, and the
United States Courts have no jurisdiction.
1t was argued by the counsel for the city
that plaintiffs now in Court admit that a
Federal question is involved when they claim
that the Act of 1868 did not repeal the Act
of 1858, because it would impair the obligs-
ton of a contract; that there can be nothing
palmer than the fact that while we contend
that the Act Of 1858 was repealed SO far as
that Act provided for a one per cent.
tax is concerned, ty the Act of 1868 that
the provision for payment Of interest is a
mere regulation, and no part of the contract
Plaintiff says that it is part of the contract,
and cannot be repealed. Certainly this must
of necessity raise the question of the validity
of q contract, and therefore Federal ques-
ton, confirming jurisdiction upon the Cir
cult Court. That ths provision Of the State
Constitution cannot GUST the United States
Courts from jurisdiction. Such construc-
ton would place the State Legislature para
mount to the Federal tribunals. That the
Court will retain jurisdiction, although the
Court might not in this case be able to grant
the relief, but certainly will adjudge the
questions involving the impsiring Of the obi
cations of contract.
The Court intimated that go far as the
question of the State Constitution is con.
cerned, while it is a new question, and one
he had never heard raised before, bis present
impression is that it would amount to moth
iug more than legislation, and could not add
to or detract from anything embodied in the
United States Constitution. Case submitted
upon points and authorities to be filed.
DISPATCH FROM GENERAL HANCOCK TO
MAYOR BRowN.-The following dispatch
from General Hancock was received by
Mayor Brown at o'clock this morning f" l
start in the morning at 6 o'clock, expecting
to go directly through to San Francisco with
my family. My lameness does not yet per-
nit me to accept the kindly reception that
your telegram suggests, otherwise l would be
pleased to stop at Sacramento, which / recol-
lect with pleasure, having visited it in 1858
and received many acts of personal kindness
from its citizens" There will be meeting
at the Capital Hotel, at 1880 o'clock this
evening, of the different committees and of
citizens generally.
POLICE CoURT.-In the Police Court yes
terday Judge Henry dispensed justice as
follows Charles Rice, healthy beggar, was
convicted of vsgrancy and given permit to
the chain-gang for thirty days. Richard
Wills, convicted Of disturbing the peace, was
assessed s.. Charles Hughes, for being
drunk, was sent to the County Jail for thirty
days. Samuel Miller was discharged, as the
charge of being inebriatsd could not be well
established. Samuel Lindsay was tried on a
charge of vagrsncY and the matter taken
under advisement. The case Of Charles
Smith, on charge of disturbing the peace,
was continued.
On PAINTINGS AT AUCTIoN.-On Thurs
day. December 10, 1888, at o'clock, at the
auction rooms of Bell & Co., corner Eighth
and X streets, will be sold by catalogue,
without reserve, 100 large, medium, and cab
met oil paintings, comprising California, Eu-
ropesn and Eastern scenery by the following
wellknown artists Schsefer, Hill. Bush,
Cooper, Brewer, Peters, Travisr, Hamilton
and others. Catalogues will be ready and
the pictures on exhibition tomorrow.
AUCTION OF SILvERwARE AND JEwELRY.-
There will be an auction sale Of fine jewelry
and silverware st the sslesroom of Bell &
Co., in Clunie building. Eighth and K
streets, commencing this evening at z
o'clock. ard continuing each evening until
January 1st. Special sales for ladies every
afternoon at 2 o'clock. They say every arti.
Gle is guaranteed as represented. Goods sold
at private sale during the day. Also twenty
FIVE dozen morocco bound albums, cabinet
size, will be sold for Is cents each.
THREE HUNDRED more of those remnants of
Nottingham lace received and placed in stock
to-day, The remnants are from one.half yard
TO two and one-half yards in length, which
makes them very desirable for bed and pillow
shams, tides, etc. Prices from 10 cents to 80
cents each. Red House.
FANCY suspenders for gentlemen. Our as
sortment of these goods is large and prices
very reasonable. just the thing for holiday
gifts. Hale Bros. & Co.
For complete assortment of gents al
wool underwear of No. l quality, call at
Wooden Mills Depot, 800 street.
NEw arrival Of fancy embroidered snd pure
linen hemstitched handkerchiefs. Many nov.
elites among them. Hale Bros. 4 Co.
MINIS CHISoHrLLA CvEscoATs, So 90, at
Rad House