Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-20


CALIFORNIA.
The Supreme Court Decides an Important
Question.
SAN FRANCISCO. July 19th.-In the APP
peaIed case of Pfister County Treasurer of
Santa Clara VS. the Central Pacific Railroad
Company, the Supreme Court affirmed the
Judgment of the lower Court sustaining the
demurrer of defendant, in whose favor the
suit had been decided. Plaintiff had brought
suit against the railroad company for $50
coo, the cause, as alleged in the complaint,
being as follows: On January 10, 1883.
plaintiff with three others took passage az
| San Jose for Sacramento on the Central Pa
! cific Railroad to deliver to the State Treas
urer money amounting to S9l ,952, collected
| BY the Treasurer OF Santa Clara county.
/ On changing cars at Niles the con-
ductor of the train refused to allow
| them to carry the money or send
| it on as baggage, and they were
therefore compelled to deliver it over to
Wells, Fargo & Co. for transportation. The
Court holds that, as passengers, they were
entitled to carry only the luggage which is
| limited to the necessaries carried about by
each traveller for his personal needs. The
railroad was not compelled to carry money
as State property, because it was not car
ried by q State messenger, but by one III
authority, whom the law forbids to receive
free pass. As the railroad company is
not accustomed, and therefore not conf
PEELED to receive money as freight THAT
! function of common carriers being dele
gated to express companies) the conductor
properly refused to allow its being sent as
! freight.
Legislators Opinions the Senatorial
Question.
Los ANGELES, July 19th.-Prior to the
departure for Sacramento to-day OF Senator
Del Vale and Assemblymen Hazard, Ban
bury and Edwards, they were interviewed
by a representative of the EUeling Express
on the question of the election of United
States Senator at the extra session of the
Legislature. Senator Del Vale said 1t
is ticklish question. Have not studied
the subject sufficient to express positive
opinion Hazard said Have no doubt
whatever of the duty of the Legislature TO
elect. Ii is not question of choice; it is
mandatory, and the duty cannot be evaded."
Banbury said My impression is that
the Legislature must elect a successor to
Senator Miller" Edwards was in doubt
about it. He thought if the issue could be
avoided it would be better to give undivided
attention TO irrigation.
The Reaper's Record.
VIsALIA, July 19th.-James Stevenson,
plasterer, was found dead in his bed at noon
to-day. He was seen last evening, but had
not felt well for day or two. He came
here from Stockton several months ago.
MARYsvILLE, July 19th.-Dr S. Chandler
died suddenly of rheumatism of the heart,
at his residence in Suffer county, on Satur- |
day night. Deceased was one of the most
prominent pioneer citizens of Suffer coun-
ty. He was the possessor of a large almond
orchard, and was the foremost raisin
grower of the county. Deceased was also
prominent member Of the State Grange
and of the Pioneer Society.
AUBURN, July 19ih.-P. F. Duenawald,
German employed at the cigar factory, was
found this morning mile from town dead.
The Coroner's jury found that he died from
some cause unknown to them. 1t is sup
posed case of suicide He was aged So,
and came here from Oakland
Proposed Reform of the Elective System.
CoLUsA, July 19th.-The Democratic
County Central Committee met here to-day
and passed the following resolution:
WHEREAS, There is a vacancy in the Office of
Assemblyman for Colusa county, thus leaving it
unrepresented ut the extra session of the Legis-
lature to convene July 10th therefore,
ReS0ired, That the Assembly be requested to
| allow W. 5. Green seat on the floor of the
| House, with all the privileges which can be con-
stitutionally conferred upon such representa-
| tive and that the regular pay OF a member be
| allowed said representative.
xcitement at MERGED.
MERGED, July 19th.-The excitement
consequent upon the arrest of Tim Mcln-
erny, charged with arson, continues una
| bated. and each hour adds to the popular
| indignation. McInerny was temporarily
| held with bail fixed at $1,000, and as he
could get no bondsmen, his brother depos-
tied the amount and McInerny is now at
large. The murmurs of indignation are
| loud and deep at the small amount of bail
required, considering the nature of the
| testimony taken at the preliminary exam
ination, added to the heinous character of
the act, endangering as it did, the lives of
$50 people in the Ell Captain.
Yuba County Items.
MARYsvILIE, July 19th.-The prelimin-
airy examination of young Evans, who was
charged with assault 10 murder his step
father J. J. Reilly, resulted this morning
in the discharge of the accused, the evil
dence showing that the discharge of the
pistol was accidental.
The double funeral Of Uriah Hilderbrand
and j. Sellinger, veterans of the Mexican
war, took place in this city yesterday I'm
der the auspices of Corinth Post, G. A. r.
| The TWO hearSes were driven side by side
and headed by drum corps consisting of
ten small boys with muffied drums.
The Lick Observatory.
SAN JOSE, July 19th.-The Board of Su-
pervisors have made trip of inspection to
| the Lick Observatory and found that the
foundation for the dome had been COM
| peted. They will make special levy of
cents to meet half the Indebtedness for
building the road the whole expense being
S31 900. The money was advanced by the
Lick Trustees without interest.
| Alabaster Cave.
AUBURN, July 19th.-The Alabaster cave
was reopened to the public to-day. Gas
| lights have been put in. The cave being
near Auburn; promises to be again popu-
lar resort. Many attended from Auburn.
Racing at lone.
lone, July 19th.-A 600-yard race be-
| tween Emma and Bodie for $500 a side came
off yesterday afternoon, the latter winning
bv twelve feet. The race that should have
come of on the 18th between Emma, Con-
| fidence and Ten Cents is postponed until
the oath.
Probably Murder.
| SAN ANDREAs, July 19th.-The body OF
Thomas Crosett, farmer and an old resi-
dent OF the county, which was found dead
in his wagon June 18th, and death sup
posed to be from hemorrhage of the lungs,
was exhumed to-day, and an autopsy made
by Drs. Murphy and Kelly resulted in
finding pistol bullet in the brain. War
rants were issued for suspected parties
Too Much Poker.
Los ANGELES, July 19th.-Charles G.
Simmons, who was employed as a collector
by John Young. the horse breeder, and
who left with $500 of YouDg's funds has
been caught. Sheriff Gard get track of him