Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-09-19
Another City Bond Decision.


under authority of the Act of the Legisla-
ture of April "a, 1853. [Stat. 1853, p. 80,
Sec. 81. According to Section 30 Of that
Act. % Ser cent. of certain revenues herein
named, were set apart and appropriated To
the payment of the annual interest and
final redemption of the bonds. The bonds
were issued by the city and received by the
holders on the faith thus pledged for the
payment of interest and for redemption.
1t became the duty of the Treasurer to pay
the coupons as fast as moneys came to the
Treasury under this Act: and it was not
competent for the Board of Trustees created
by the Act OF April %, 1868 [Stat. 1868, p.
4l51, to divert the moneys into other chan
nels to the detriment of bondholders. In
its decision the Court says:
" 1t is urged that, as the coupons in queS-
ton matured according to their face, on
the 1st OF January, 1872, the statute of lin
itatiOns bars any proceedings on the part OF
petitioner to enforce payment; that II the
proper amount of taxes were not levied in
any one year, such levy should have been
compelled by mandamus; that if any step
necessary to have the proper funds in the
treasury had been omitted, proceeding to
compel such step was the proper course.
We do not understand this to be the law as
applicable TO this case. According to the
Act of April %, 1863, supra, no action could
be maintained against the city on these
bonds or coupons; by law it was the duty
of the city to make provision for the pay
ment of the bonds and coupons according
to the statute under which they were is
sued. and by emitting to peforn such
duty the city could not create the de-
tense of the statute of limitations
NOT until funds uara in Va
treasury, properly applicable, would the
statute begin to run not until that period
would the petitioner have any right of ac-
ton or proceeding against the Treasurer.
The contrary view would place it i'll the
power of a municipality in many cases 10
avoid all payment of its debts, because, if
by concert of action each officer should
omit to perform his duty, the time con-
sumed III compelling each to perform such
duty might be made to consume all the
period of the statute before the funds would
reach the Treasury We do not think the
Legislature intended such result. 1t was
not necessary that these coupons should
have been presented to or allowed by the
Auditor and Board of Trustees; they did
not constitute demands within the mean
ing of Sections 9 and 10 of the Act of April
%, 1863 neither the Auditor nor the Board
Of Trustees had any discretion or authority
to reject them or prevent their payment ;
the statute under which they were issued
established them as debts to be paid
WOoL-GRowERs' MEETING.-The annual
meeting of the State Wool-growers' Asso-
citation will be held to-day, at Pioneer Hall,
on Seventh street, between and K, COM
mencing at 10 A. M, and a second session at
P. NJ. There will no doubt be a large at
tendance as all members and any other
persons interested are urged in published
announcement to be present. Matters per-
tanning to the tariff on wool-a most vital
point at present to all wool-growers-will
be considered, and it is stated that the feel
ing of sheep-Owners is such upon this ques-
ton that self-interest will override party
lines, and that whatever party honestly
stands for protecting the rights and pockets
of the Wool-grOWers will undoubtedly be re-
membered and favorably looked upon in
November Measures for the better pro
lection OF focks from the depredations of
wild animals will also be considered. and
are of much importance in most counties
of the State as the loss from this source
amounts to quite q large per cent, and
which by proper action can be largely pre-
vented. All wool-growers should be pres
ent at the meeting to-day.
4 KINGDOM FOR HoRsE-About the
maddest man that the reporter has en-
coUntercd Tor week is Captain Stevens.
Yesterday afternoon he left his horse and
buggy i'll front of his place of business on
Third and J streets for few moments,
and soon afterwards discovered that the
same had been stolen. He rushed around
several blocks crying "a kingdom for a
horse, and not being successful in finding
the object of his search has advertised, Of
fering u reward for any information that
will lead to the detection of the thief or
the recovery of the property. In his pres
ent frame of mind it is pretty generally be-
ieved that the Captain would give more to
be able To lay hands on the thief than he
would for the recovery Of his properly.
DInIGo CLUB RECEPTIoN-Upon the in
vitation of Hon. Newton Booth the Dirigo
Club, of san Francisco, will visit this city
this evening. arriving in two Pullman cars
attached to the 8 o'clock train, which they
will occupy during their stay here. Upon
arrival at the depot they will be met by the
Plumed Knights of Sacramento, who will
act as escort. The line of march will be
up Second to J, to Tenth, to X, to Second,
to ], to Front, after which an informal re-
ception will be held at the residence of the
host until II o'clock. The parade prom
ises to be q very me one, as our Knights
viii have 100 uniforms, which we know are
very handsome. and the Dirigos' from all
accounts, are still more so.
PLUaED KNIGHTS OF SAcRAMEYTo.-A
meeting of the Knights was held at the
wigwam last evening for the distribution OF
uniforms and 10 make final arrangements
for the reception Of the Dirigos this even
ing Twenty-Five more uniforms will be
distributed tonight. The following
named gentlemen were elected honorary
members: c. II. Cummings, T. NJ. Lind
ley, H. Weinstock, d Lubin, /. Eikus, w
r. Jones, A. Nelson, A. Hebron, Joseph
Stelfcns, J. II. Carroll, Hon. T. B. McF'ar,
land, n. D.. Rideout, Felix Tracy, J. B
Wright, J. Il. Watson, Ben. Welch, A. J
Stevens, John We'll, Colonel J. McNasser.
NORTHERN IMMIGRATION ASSOCIATION
r. b. Blowers Chairman of the committee
appointed by the Board of Directors OF the
Northern California immigration Associa-
ton to arrange for q collection to represent
the resources of the northern section of the
State, has telegraphcd TO the members OF
the committee to meet at the Secretary 5
office, at the Pavilion tomorrow evening
to consult upon the work Of the committee
and adopt definite plans OF action. Mr.
Tuuell, who has charge of getting up the
exhibit from the entire State, will be pres
emit and also others interested in the move
ment.
FoG New ORLEANS. EXHIBGT.-CharIes B
TUrriu, who is engaged in procuring contri
buttons for the Exposition al New Orleans
is again in the city, and Will have his head
quarters al the Golden Eagle the remainder
Of the week. General Biiwells exhibit, as
also those from Suffer county, San Joaquin
Tulare, San Diego, Placer and the greater
portion of Sacramento county displays
now at the Pavilion, together with thai
from the State University, have been ten
dered to Mr. Turrill, and will be transferred
at the close Of the fair for shipment to New
Orleans.
Police ARREsrs.-Tbe following arrest.
were recorded at the police station at mid
night last night: George Morgan, by Officer
Farrell and special Wing, for grand larceny
John Newcomb, Billy Jones' Ed. Coleman
John Connors and Henry Emmery, BY
special Bil,hartz and a citizen, for robbery
Herbert A. Slade and 49, Larches, by officer