davidaulloa/AmericanStories huggingface dataset:
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21
A Big Land Deal.

A Big Land Deal
Mr.. E. H. Stewart, of Roanoke,
Va, representing the Piedmont
Land Company, returned to Winston
Friday from Madison where he
has just taken up the options the
company had on the Lewis and Price
water power sites, and about two
thousand acres of land along the
Roanoke and Southern Railroad. 1t
is understood that over $100, 900 was
paid for the property purchased.
Mr.. Stewart also secured options
on other property, and it is expected
that the company will own at least
5000 acres before they finish buying
1t is the purpose of the company t.
establish large manufacturing plants.
Congratulates Winston.
The Chronicle congratulates it's
friends in Winston upon the valua-
bic accession to their population of
that excellent physician and popular
gentleman, DR.. w. G. Galloway,
State Senator from Green county
He is Christian gentlemen of high
character has enjoyed large prac-
tice in his old home and is induced
to locate in Winston because it offers
wider field. He will win success
in his new home and will deserve it.
State Chronicle.
DIR. Galloway is associated with
DR.. d. n. Dalton for the practice Of
medicine. He bears the reputation
IF being an excellent physician, and
we believe will succeed well in our
city. He has our best wishes.
Our Telephone.
We think we have one of the best
telephone systems in the South. You
can hear quite distinct from any dis
lance to which the lines radiate. If
the system always remains as salts
factory to its patrons as 1t is at pre-
sent, there can never be any cause
for complaint. But up to this we do
not think our people have learned to
take advantage of it as they should.
For instance we were told by a gem
tleman Saturday that he walked
four or five blocks to see a party on
business who he could have tele-
phoned to and attended to the bust
nesss without leaving his Office. We
would ask those who have phones
that if they come IN possession of
any information of interest to the
public that they would kindly let us
hear from them. We will appreci-
.te it.
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21

"hts receipts of butter cannot be called so
very large, the tendency .nfthe market is down
wart owing t. recent light recei.,.s,
Eggs ere scarce to-day aud fresh strcis will
bring ~ cents readily. Live poultry yer, firm
and selling we'll at prices quoted. Apples con-
t'nue IN small supply. but quality has to be
fancy to command full outside prices Vegeta-
bles Of all kinds in fair demand.
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21
Roll of Punctuality.

Below we give the names of the
Winston Graded School pupils who
attended regularly, without days
absence during the past scholastic
year:
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21
Treasurer Griffith's Report.

County Treasurer Griffith makes
the following report of receipts and
disbursements for the month of April:
By balance on hand $7Z4.53
Amount received 2,2OS,4 rs
$2,933.O1
Road Supervisors $650OO
Sup'r Court claims 367O4
Convict camp 3S6.27
Poor House 1884
Pauper claims 225.25
Commissioners claims 255. 80
Bal. on hand May LIST S75.16
$2,933.O1
SCHOOL FUND.
Balance on hand 1871 81
Receipts for April 2,251.26
1929. 20
P'd different school dist's 81 ,66S.O5
Building purposes 5000
Balance on hand May 1st 2,4O5.15
1929. 20
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21
JUST RE:(:EE:IIIzs).


500 words ol ,.u.,
nants Of all voc Goods
from one yarss u.>.
L his o t comprises
some oI the I|G>@j m
po{'eu 9t'o''s' = .''''s
'eSS'a' pf'cos'
v.r., FIJI, 90 ;.....
u;,a 49,, :,
,oo, :.
ioo 'aAles oiacA o0s''i@
ed capes In L .ttsun.5cr
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21
WINSTON LEADS AS USUAL.

We were not able until to-day to
secure a statement of the internal
revenue collections for this, the 5th
district, for April. The amounts
collected at the various offices stands
as follows:
Winston, $41,27 48
Statesyille. 29,6O2. 50
Mt. Airy, 6,672 80
Asbeville, 2O.O55. ~
The names of articles and amounts
paid out for each are these:
List. S 423.7 f
Spirits, 1852 40
Cigars, 474 60
Tobacco, 1,SOO.OS
Special taxes, 324 SO
Total, $97, COS 43
AS will be noticed from the above
figures Winstou's collections were
$4l ,274 4S for tobacco alone, while
all the other markets together only
paid out $40, $3.50 for the same pur-
pose.
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21

Speaking will begin at IL o'clock
am. All are respectfully invited
to attend. The secret work of the
Alliance will be exemplified at two
O'Clock d. m.
The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1891-05-21
WINSTON TOBACCO MARKET,
ROANOKE AND SOUTHERN RAILWAY.

eSES5y=EzrE>
= Va 80 - zlTf1 i.s.ss .ssss1
-AAsa e. y ~ As 81. lAiE wv NV
The record-union., 1891-02-28
The Parent of Insomnia.

The parent OF insomnia or wakefulness
is in nine cases out OF ten dyspeptic
stomach; good digestion gives sound
sleep, indigestion interferes with it. The
brain and stomach sympathizes. One of
the prominent symptoms of weak state
of the gastric organs is disturbance of
the great nerve entrepot, the brain In
vigorate the stomach, and you restore
equilibrium to the great center. 4 most
reliable medicine for the purpose is Hos
letters Stomach Bitters, which is far
preferable to mineral sedatives and
powerful narcotics which, though they
may for Il time exert a soporific influence
upon the brain, soon cease to act, and in
variably iniure the tone of the stomach
The bitters, on the contrary, restore ac-
tivity to the operations of that all-iin-
portant organ, and their beneficent influ-
ence is reelected in sound sleep and a
tranquil state of the nervous system. A
wholesome impetus is likewise given to
the action of the liver and bowels by its
use
The record-union., 1891-02-28

Various objections are made to the va
lidity of the tax title first set Out; but we
find it unnecessary to pass upon the suf-
iiciency of the facts alleged to constitute a
good title.
The second part of the complaint is
sufficient in itself to show cause of ac-
ton, and the first part may be treated as
surpluSage.
1t is alleged that on the 10th day of De-
cember, 1888, plaintiff was the owner and in
the possession OF the demanded premises
and s'that on the 9th day of December,
1889, plaintiff being SO seized and pos
sessed, the defendant wrongfully entered
and ousted plaintiff from the possession
thereof and 2aoaD aCitthoIds wrongfully the
possession, ctc.''
The complaint was filed December d.
1889, aud, as will be observed, the allega-
ton Is Of an entry and custer on che 9th
day OF December, 1889. This allegation
of an custer subsequent to the fling of
the complaint is relied upon as justifying
the order sustaining the demurrer. But
1t is evident on The face of the complaint
that there is a clerical error in this allega-
ton, and that in should have read 1888
instead of 1889. The latter date is incon-
sistent with the other part of the same
allegation that the defendant "aol0 acita-
holds"
The most that can be said of this in
plant ambiguous or uncertain, and the
only way in which advantage could have
been taken of it was by special de-
murrer on that ground. Upon general
demurrer controlling force should have
been given in constituting the complaint
to the words ''aOac aVitithoIGs," which
show an custer prior to the filing OF the
complaint.
There was no demurrer on the ground
of want of jurisdiction, but respondent
claims the right to object to the complaint
on that ground at any stage OF the pro-
ceedings, and he calls our attention to the
fact that there is no allegation in the COM
plaint that the demanded premises are in
Lassen County. But it is alleged that
they are in the town of Susanville, and
not only the Superior Court but this
court takes judicial notice that Susan
vile is the county seat OF Lassen County.
&C. c. P, Sec. 1875, subd. o.
Judgment reversed and cause re-
manded, with direction to the Superior
Court TO override the demurrer, and al
low the defendant q reasonable time to
answer.
The record-union., 1891-02-28
The
A1' 'g01latIf
Aa Arr, eriGar journal for
Ar1eriGar3-

FENHE ARGONAUT HAS NOW BEEN PUB
1 lished for thirteen years. a fact which DEM
onstrateS that an American paper can live i'll
America, something hitherto doubted by
newspaper men.
The ARGoNAUTis is strongly American. 1t be-
lieves that this country can run its own affairs
without any assistance from the benevolent
foreigners who have come over TO direct mat
ters for us. 1t thinks we have too many for
eigners here now, and that the rest had better
stay away.
The ARGoNAUE is the uncompromisine- foe
of fdemagogues-those men in high places who
truckle to the ignorant foreign vote are un-
spariugly lashed by its whip.
The ARGoNAUT believes that enough has
been done in this country to catch the Irish
vote and the German vote. It is time now
that something should be done to catch the
American vote.
The ARGoNAUT believes in and advocates
these ideas, not with bumptiousness or Chau-
vfnism, but with extreme tcnacity.
Outside of its editorial columns the ARGo-
NhUT has many features of Interest.
1t publishes bright weekly letters from New
York, Paris ahd London, from skilled CORE
spondents, who are in touch with the intense
life ofthose great cities.
It publishes frequent letters from other
points in the old world, and from the older
world of Asia come occasional letters from
India, China and Japan.
The ARGoEAUT does not publish serial
stories. Each number is complete in itself.
Its short stories are famous throughout the
country. 1t is hard TO describe their peculiar
tinge, but an idea may be gathered from this,
"WhGtevcr you are, never be commonplace" !"
The result is that the ARGoNAUT short stories
have an individuality OF their own.
Tho ARGONAUT endeavorS TO present a
| weekly review of the literary movement. Brlet
notes on books, rather than lengthy reviews
| together with notes upon authors and Journal
| lists. will keep the reader well up with the
| literary gossip of the day.
| The ARGoHAUT'S other departments include
| "The Drama" which endeayors to cover all
matters of interest relating to the stage; 'The
| Inner Man, devoted to matters gastTonomic;
'.Storyettes." collection of bright and season.
able anecdotes; 'The Alleged Humorists,'' - a
| column of excerpts from the best humorous
papers; "Individualities,'' interesting gossip
about people in the public eye; VANITY Fair,''
! a department devoted to the fads and foibles
of fashion; .'Old Favorites,"a department in
which iavorite bits of verse are reprinted; "I'he
Tuneful LIAR u department of the comic
muse; and a number of other occasional de-
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esting.
| THE ARGoNAUT IS TIE ONLY HIGH-CLAss
| POLITICAL AND LITERARY WEEKLY PUB
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! TERIS-S4 per year; six months, So 25;
| three months, 81 SO. Send for a sample copy.
THE ARGONAUT,
21S Grant Avenue, San Francisco, Cal.
| telS-tfd&w
The record-union., 1891-02-28

647 of the Penal Code, person "who
lives in and about houses of ill-fame'' is
punishable only by Imprisonment in the
County Jail not exceeding ninety days;
and by Section 3l5 Of that code the extent
of punishment to be inflicted upon the
person who keeps" q house of ill-fame
is limited to imprisonment in a county
jail not exceeding six months, or a fine
not exceeding 500, or both.
We are of the opinion that so much of
the ordinance in question as permits IL
fine of 81 900 to be imposed as the penalty
for visiting house OF ill-fame is unrea-
sonable, and not in harmony with the
laws OF the State, and, therefore, void.
The petitioner must, therefore, be dis
charged from custody.
1t is so ordered. HARRISON, j.
We concur:
DEHAVEN, J.,
SHARPsTEIN, j.,
PATERSON, j.,
GARouTTE, J.,
BEATTY. c., J
The record-union., 1891-02-28
coSCURRISG OPINION

/ concur in the order discharging the
petitioner upon the ground that under a
penal statute, or ordinance, imposing inn
prisonment not exceeding certain term,
or fine, or both, a defendant cannot be
kept in jail under the pretense of entore-
maximum term of imprisonment pre-
scribed by the statute. This has always
been my opinion. In this case the petit
toner should have been discharged at the
end of six months, which is tie maxi
mum term of imprisonment prescribed.
Under the other view Of the ordinance be
VALID the petitioner could have been
fined $1,000, and in default of payment
sent TO jail for LOCO days, which, under
the circumstances, would have been still
more cruel and absurd.
MCFARLAND j.
The record-union., 1891-02-28
| DAVIS, Respondent,

VS.. No. l4,O23.
BAKER, Appellant.
Snit to quiet title; judgment for plain
TIL; defendant appeals.
Thc parties stipulated that the only
questions 10 be detrrmined is whether
certain attachment, under which the
plaintiff claims was properly levied
upon the lot III controversy. Upon the
former appeal it was held that the return
was prjjaH facie sufficient. az Cal. 494.)
The defendant now urges two reasons
why the levy should be held to be insult
fcient.
l. 1t is argued that the writ was insult
ficient in that it did not state 1.-The
amount OF the plaintiffs demand as re-
quired by Section sic Of the Code of Civil
Procedure, but stated that the action was
to recover $500" "or thereabouts.'' We are
inclined to doubt whether this question is
open for consideration under the stipula-
| ton. Assuming that it is open, there is
no foundation for it i'll the record 1t APP
| pears that the writ was introduced in evil
dence, but it is not shown By the bill of
exceptions. The only thing that appears
| is an objection by counsel, IN the course
of which he recites q portion Of the
writ. This is not sufficient mode OF
showing q fact. IF it be assumed 10 be
sufficient, it only purports TO be part of
| the writ; non constdt, but that the re-
in the respect referred to. And if the fact
! Were shown to be as the appellant says it
is, we do not think that the words ''or
thereabouts" after the amount of the de-
mand renders the attachment proceedings
| void upon collateral attack.
| 2. 1t is said that the evidence shows
! that the writ was not posted .'in a con-
splcuous place" as required by Section
542 of the Code of Civil Procedure. The
finding is that the notice was posted
| in conspicuous place. And the evil
dence shows conclusively that this
was so. The house was near corner
! formed by two streets, and on the east
side was vacant lot. The east side was
the long side" The notice was posted
on this side within five or six feet
| of the street. The contention is that it
ought to have been posted on the front
of the house. The Sheriff testifies that
anybody could see it that would
go by;' that sit was the most suitable
place-conspicuous place. could tind;'
and that it was the safest place to
put the papers $50 that they would
stay. placed" (Another witness tes-
titled that the papers posted could
readily be seen; mo trouble to see them.
| One could scarce pass without seeing the
papers if they We're looking at all.''
| There was no evidence to the con-
trary. The appellant says that the testi-
mony Of these two witnesses was nateri-
ally Weakened on cross-examination; but
We do not think SO. The statute does not
require that the notice should be posted
in 1.-The most conspicuous place, but
only i'll conspicuous place; but if it did
we should not be able TO say that the evi-
dence did not show that the place chosen
was not as conspicuous as any other.
We think that the Judgment and order
appealed from should be affirmed with
damages. HAYNE, G.
! We concur:
| BELcHER, c.,
| FOOTE c.
The record-union., 1891-02-28
PERRI, Appellant,
No. 1871.

VS.. NO. lo,IoI.
BEAUMONT, Respondent.
The affidavit OF service by mail states
that copy of the a0ithin notice was de-
posted IN the postoffice at Sumner, Cal,
postage thereon prepaid, addressed to
Haggin q Dibble, attorneys for respond
ent, 10 Nevada Block, San Francisco,
Cal, on February s, 1890; that said attor-
neys reside at San Francisco, and the at
torneys for appellant reside at Sumner,
and that there rs regular communication
by mail between the two places.
The affidavit is uncertain as to the
notice referred to, and as it was made on
the 10th of February, 1890, it fails to show
the places of residence of the respective
attorneys on February 8th, and strictly
construed is insufficient QDoerfler VS..
Schmidt, 64 Cal. 265), but as the defect is
one arising doubtless out of a careless use
of language, and the objection being rather
technical, we deem it d proper exercise of
our discretion to grant the appellants re-
quest to file another affidavit of service.
The court should be liberal in granting
| amendments which cam cause the re-
spondent no injustice, and which will
! secure to the appellant a hearing on. the
merits.
II a sufficient affidavit of service is filed
within five days from date hereof, the
motion to dismiss will be denied, other
wise it will be granted.
PATERSON, J.
We concur:
HARRISON, j.,
GARoUTTE, j.,
MCFARLAND, j.,
De HAVEN, j.
SHARPSTEIN, j.,
BEATTY, G. j.
Filled February Is, 1S91.J
Appeal from Superior Court, Lassen
County-M. Marsteller, Judge.
For appellant, Shinn IL Masten.
For respondent, Spencer IL Raker, and
Clarence A. Raker.
IN BANK.
COLE, Appellant,
VS.. o. 1883.
SEGRAvEs, Respondent.
BY THE COURT.
Eiectment. Defendant demurred to the
complaint on the ground that it did not
state facts sufficient to constitute cause
of action. His demurrer having been
sustained, and plaintiff declining to
amend, final judgment was entered dis
missing the action, and for costs. Plant
iii appeals.
The complaint consists OF two parts, IN
the first of which there is an attempt to
set up valid title in plaintiff to the de-
manded premises founded on sale for
delinquent taxes. The second part of the
complaint contains the general allega-
tions usual in actions OF this character.
The record-union., 1891-02-28

jumped off the car. and could not have
taken time to look about him, as ii would
appear:
The defendant cannot be held to the re-
sponsibiiity OF warranting the safety OF
the plaintiff at all events. (Treadwell VS..
Whittier, so Cal. 5S5-6.l
1t is responsible, as far as human care
and foresight will go, for the utmost care
and diligence of very cautious persons,
and therefore for the slightest neglect"
Ib. 595.)
1t was for the court, on the undisputed
facts, to determine if the defendant was
guilty or not of contributory negligence.
lGlasscocll VS.. C. p, X. Il. Co., 70 Cal.
49, And even if the burden of proof is
on the defendant to show contributory
negligence on the part OF the plaintiff,
this does not preclude a Judgment ''by
way OF nonsuit, whenever the evidence
Of the plaintiff SO conclusively establishes
a defense as that the court would grant Il
new trial in ease of a verdict in his favor
upon like evidence.' (AIcQuilllen VS.. C..
p. r. Il. Co., so Cal. S.)
The plaintiff had no intimation from
the trainmen that this was his stopping
place, OF that he should get of, but got off
apparently because some irresponsible
person said it was La Joila, and perhaps
because of the habit of persons getting
off there usually as the third stopping
place from San Diego. He got off in the
dark, when the best use of ones eyes is
| necessary, and we must suppose that his
were good. He should at least have used
them, acting as he was upon his own
responsibility, with sufficient care to
have " looked before he leaped." This
| is the rule, as we think, announced i'll
Fleming VS.. w. p. r. Il. Co., 49 Cal 257 [;
Glascock VS.. C. p. r. r. Co., 70 Cal. l40.
| We think the Judgment and order
should be affirmed and so advise.
FoorE, G.
| We concur:
VAN CLIEF, c.,
The record-union., 1891-02-28
Well write it down till
everybody sees it.
IH.1l ool j. =. e.el- e

Well write it down till
everybody sees it.
Till everybody is sick of
seeing it.
Till everybody knows it
without seeing it
that Doctor Sage's Catarrh
Remedy cures the worst
cases Of chronic catarrh in
the head, catarrhal head
ache, and "cold in the head"
In perfect faith, its max
ers, the Worlds Dispensary
Medical Association of Buff
falo, NY, offers to pay $500
to any one suffering from
chronic catarrh in the head
whom they cannot cure.
Now if the conditions were
reversed-if they asked you
to pay $500 for a positive
cure you might hesitate.
Here are reputable men,
with years of honorable
dealing; thousands of dol
lars and a great name back
of them and they say-"We
can cure you because we've.
cured thousands like you
if we can't we'll pay you
$500 for the knowledge that
there's one whom we can't
cure. They believe in them
selves. Isn't it worth a
trial? Isn't any trial pref
cradle to catarrh?
The record-union., 1891-02-28

Appeal from Superior Court of Kern
County-R. E. AricB, Judge.
For appellant, Lamar d Rousseau.
For respondent, Haggin u Van Ness;
of counsel, Geo. G. Gorhanl, Jr.
TN RANK
The record-union., 1891-02-28
[Filed February IS. 1s9l.l

Appeal from Superior Court, Butte
County-G. g. Clough, Judge.
For appellant, Park Henshaw, Gray d
Sexton.
For respondent, John Gale.
In L & Nix
The record-union., 1891-02-28
TIE COURT.
TFiled February 10. 1901 I

For the reasons given in the foregoing
opinion the Judgment and order are af-
firmed.
The record-union., 1891-02-28
We concur:
VAN CLIEF, c.,
BELCHER, G..
TFiIed February IL 1S9l

For the reasons given in the foregoing
opinion the judgment and order are
affirmed.
The record-union., 1891-02-28

LFIItU FeUIUafy II, Io9l.I
Appeal from Superior Court of Yolo
County-C. II. Garoutte, Judge.
For appellant, Clark tE Aram, Craig Il
Hawkins, j. T.. Strong.
For respondent, Attorney General W.
II. IL. Hart, c. w. Thomas.
DEPARTMENT TWO.
People Rssp0''sn'' ssl No. ao,7cs.
WoHLFRoM, Appellant.
BY THE COURT.
On the authority of People VS.. Benz
merly (25 Pac. r. 2G6) the Judgment ard
order appealed from III this case are re-
versed, and the cause is renlanded for d
new trial.
The record-union., 1891-02-28

Tiled February Is, 1851.
Habeas Corpus. Police Court, San Fran
cisco.
For petitioner, Luis E. Phillips.
For respondent, William S. Barnes, Dis
trict Attorney.
The record-union., 1891-02-28

value of the land or of the value of the
personal property, and that the personal
property not rendered might have been
of the value of $1,000. We can hardly be-
lieve that five cords of wood and a cow
could be worth that sum. If SO, cord
wood and cows must come high in San
Bernardino County. But when we look
at the evidence we find that the cord
wood and the COW were really no part of
the consideration for the purchase or the
mortgage, and that they. being on the
ranch, were thrown in'' in the trade.
We think the general allegation of an
''ofier to rescind the entire contract of
sale and purchase together with the
specific allegations, set out above, rem
dered the pleadings both sufficient. In
the Judgment rendered the Wilson's were
required TO account for or return all of the
property received by them. The allie
cations and findings OF fraud are fully
sustained by the evidence and the find
ings support the judgment.
Some objections are made to certain
rulings in the admission and exclusion of
evidence, but we find no error in the
record.
The judgments and orders in both of
| the cases are affirmed.
The record-union., 1891-02-28

Filled February IS, 1s91.l
Appeal from Superior Court, Lassen
County-M. Marsteller, Judge.
For appellant, Shinn IL Masten.
For respondent, Spencer IL Raker, and
Clarence A. Raker.