davidaulloa/AmericanStories huggingface dataset:
The record-union., 1891-03-22
SUPREME COURT DECISIONS.

[Filed at San Francisco, March 16, 1S91.1
Appeal from Superior Court, San Fran
cisco County-T. X. Wilson, Judge.
For appellant, Il. c.. Van Ness.
For respondents, Gray 81 Haven.
DEPARTMENT TWO.
EMERY = Az Respondents.
The SvEA FIRE INSURANCE
COMPANY, Appellant.
This is an appeal from a judgment in
| favor of the plaintiffs against the defend
| ant for the sum of 5000, and legal inter-
est thereon from December s, 1885, and
costs.
The appeal is upon the judgment-ron
alone.
The contention of the appellant is that
the judgment should be reversed, upon
the ground that the complaint does not
state facts sufficient to constitute cause
OF action, because it appears therefrom
tnat notice OF the loss sustained by plain
tifis was not given forthwith as required
by the terms of the policy of insurance
upon which plaintiffs seek to recover
The complaint alleges that the build
ing insured was destroyed by fire on
July 25, 1885, and that upon October g.
1885, the plaintiffs gave to defendant due
notice and proof of such fire and loss.
was not given forthwith the defendant is
not liable. But there is also an allegation
in the complaint "that the plaintiffs duly
performed all the conditions of said con-
tract of insurance on their part;'' and if
giving notice of the fire and loss, forth
with, was condition of said policy to be
performed by plaintiffs, then the COM
plant in this general statement alleges
the due and timely performance of this
condition. (Ferrer VS.. Home Mutual In
surance Company, AZ Cal. 4l6.)
Ii the other allegation, as to the exact
date when such notice was given, is in
consistent with the general statement
just quoted, then the most that can be
said is that the complaint in that respect
might be considered as ambiguous; but
no such objection was pointed out in the
demurrer which the appellant fled But
conclusive answer to the position as
sumed by appellant is this: The COM
plant alleges that the appellant did
have notice of the loss within five
days after it occurred. and that with full
knowledge of said fire demanded and re-
ceived from respondents the premium of
$50 due upon the policy sued upon. n
credit therefor having been previously
given by the appellant. Under these cir
cumstances the appellant cannot be heard
TO say that the contract of insurance was
not In full force on that day, and as it
then knew of the fire and the loss of re-
spondeEts,, nothing further was required
OF respondents in the way of giving
notice, except to furnish within reason.
able time thereafter, the preliminary
proofs as to the particulars of the loss,
and the complaint shows that this was
done, even if not furnished before Oc-
tober 25, 1885.
Judgment affirmed. DEHAyEN.
We concur:
MCFARLAND, j.,
SHARPsTEIN, j.
The record-union., 1891-03-22

A Galloway County, Missouri. man is
the proud possessor of q gourd which WAS
brought from Wales in la2S.
The record-union., 1891-03-03

soula and Northern Railroad Company
the right-of-way through the Flathead
Indian Reservation in Montana.
After the passage of a number of unim-
portant bills, Bingham of Pennsylvania
moved to suspend the rules and pass the
Senate bill for the erection of new mint
building in Philadelphia at a cost not to
exceed s2,000.000, and providing for the
sale of the present mint property; also,
for the erection of new Custom-h house
in the city of New York Agreed to.
The Speaker laid before the House a
communication from the family of Ad-
mirai Porter, returning its sincere thanks
for the resolutions adopted by that body
relative TO the deceased.
Boutelle of Maine said he was sure the
House would agree with him that this was
lifting time to pause a moment to do an
act of justice to venerable woman, who
was mourning the loss of husband who
mad rendered illustrious service To his
country. He easked unanimous consent for
the immediate passage of the Senate bill
granting a pension of s., 500 year to the
widow of Admiral Porter.
Bum of North Carolina objected.
The Senate amendments to the Indian
appropriation bill We're non-coDcurred in,
and the bill sent to a conference.
Subsequently Bum withdrew his OBJ
lection to the Porter pension bill, and the
bill passed-yeas 16l, nays IS.
The Senate bill was passed granting a
pension of 800 a month to the widow of
Major-General Fitzpatrick
Simons of Connecticut submitted the
conference report Of the copyright bill.
He explained that the conference had
agreed on all the points except the Sher-
man amendment.
The report was adopted and further
conference agreed to.
The postoffice appropriation bill was
sent to the conference.
The House then took recess.
The record-union., 1891-03-03
Third Supervisor District.

Precinct NORTH of G, between Twelfth
street and the eastern boundary of AerIcuif-
ural Park, take in all the park south TO IT
streets. Polls, corner of Twentieth and q
streets-Inspectors, J. NJ. Wood and j. Il.
Martyr; Judges, s. H. Gerrish and E. F. Pf,Ind.
Clerks, G. H. Denton and j. NJ. Hilbert
Precinct 2--Between G. and X and Twelfth
and Seventeenth streets. Polls, 1901 J street.
Inspectors, John G. Schroth j. O'Coupors.
Judges, Phil. UreE, J. S. O'Callaghan; Clerks
Frank Hickman and j. j. Cadogan.
Precinct 3-Between G. and K and Seven
teenth and Twenty-first streets and north az
X and east of Twenty-first street and Apri
cultural Park. Polls, Eighteenth and r
streets-Inspectors, Philip Kitz and b. r.
Ward; Judges, w. II. Luther and John Claus.
Clerks, o. r. Dodge and NJ III. Sheehan.
Precinct 4-Between X and and Tenth and
Seventeenth streets. Polls, Fifteenth and N
streets, New Pavilion-Inspectors Ed. r.
Smith and L. W. Humphreys; Judges Geo II,
Katzenstein and Simeon Brown: Clerks w
ID. Knights and John Bronner.
Precinct 5.-Betweeii X and O and Seven
teenth and Thirty-first streets. Polls Twen-
tieth and . streets southeast cornerl-In-
spectors,- Geo. Murray and Henry Dehn.
Judges, Lincoln White and Jas. McAdamss
Clerks, Warren Cole and u. ]. Mannix
Precinct 6.-Between and and Tenth
and Thirty-first streets. Polls northwest cor.
ner of Eleventh and p streets-Inspectors n
j. Toll and 7. W. O'Neil: Judges, John Min.
ford and ]. P.Dalton; Clerks, Dan Cox and
Anthony Green.
BY order of the Board of Trustees.
r. II. MCKEE Clerk. ,
Sacramento, Feb. 10, 1891. fea1-15t.
The record-union., 1891-03-03
stral osmtnte, Qstr.
A RARE REOPPORTUNITY
Good Agricultural Land for $40
to $40 per.Acre.

The Pacific Improvement Company has re-
Gently purchased twelve thousand acres of
land in the heart of Tehama County for the
purpose of promoting subdivision and settle
ment. This land embraces lands from first
class Sacramento Valley agricultural land, to
land OF fair average quality, and is offered
at from SO to $50 per acre, in subdivisions
of 40, so, 120, $50 and32o acres.
The terms upon which these lands are offered
are especially attractive. They will be sold in
subdivisions, as above indicated by the pay
ment of interest only for three years at which
time the purchaser can begin the payment of
principal by paying the first of five equal a Il
nual installments. Thus no part of the prn-
cipal is TO be paid for three years, and then
the purchaser is to have five years in which
to pay five equal annual installments, with
interest at the rate of : per cent. per annum,
making payments extending over period of
eight years. Intending purchasers are as
sured that this is an opportunity to purchase
land of fair average quality at SIC per acre,
and good agricultural land at $50 an acre,
with other grades of land at prices to CORE
spond between these figures.
The assertion is frequently made that good
lands, suitable for general farming and es-
pecially adapted for fruit-growing, cannot be
had in California for less than from $50 10
S1OO an acre. An examination of the land
subject of this advertisement will prove to
home-seel1ers that this is an opportunity for
the purchase of good agricultural land at $50
an acre, and for qualities grading down to fair
agricultural land at SO an acre, on terms
of payment which should make the DISPOSE
ton of these lands to actual settlers result
easy of Accomplishment.
The primary object of the purchase of this
body of land was the breaking up of n large
holding for the purpose of promoting its settle
ment in smaller quantities and its devotion to
diligent husbandry.
For further particulars call upon. oraddress,
WNf. II. MILLS,
Land Agent of the G. p. r. r., Fourth and
Townsend streets, San Francisco. Cal fe14-2m
The record-union., 1891-03-03
Second Supervisor District.

Precinct between K and o. and west of
Third street. Polls at 112o Second street.-The
spectors, j. Hopley and j. Black; Judges,
Chris. Green and j. C. Kelly; Clerks Howard
kimbrough and Geo. Parker.
Precinct 2-Between X and O. and Third and
Fifth streets. Polls, Fourth, between X and L
streets-Inspectors, w. d. Stalker and Henry
" treund; Judges, p. j. Ffgg and w. II. Dew
lin; Clerks, g. KreuZberger and z. J. Glas
Precinct 3-Between K and n and Fifth and
Seventh, and K and Y and Seventh and
Eighth streets. Polls, Sixth and l. streets,
Arnory Hall-1nspectors, S. Gottleib and Jas.
McGuire Judges, G. W. Railton and H. NJ.
Bernard; Clerks, j. w. Todd and Z. A. Bower
Precinct 4-Between X and Y, Eighth and
Tenth streets. Polls, Ninth and K, Roses
shop-lnspectors, Hugo Hornlein and James
McNassar; Judges, VIM. Boyne and L. Zoller;
Clerks, j. a. Downer and Charles Trainor
Precinct 5-Between o and west of Fifth
street, and between n and and Fifth and
Seventh streets. Polls, northwest corner of
Sixth and streets-Inspectors c. H Joy and
William Coyne; JUDGES, James Eurguson and
Daniel Flynn; Clerks, Sparrow Smith and w,
S. Shields.
The record-union., 1891-03-03
MICROBES.
An Excellent Lecture Upon an Inter-
eSting Subject.


eSting Subject.
There was good audience in the Art
Gallery lecture-room last night to hear
the opening lecture of the spring course
of the Museum Association. 1t was a
representative audience, and a thoroughly
well pleased one. DR.. George Pyburn
spoke on Microbes and Contagious Dis
cases." illustrating his lecture with dia-
grams and many object lessons.
1t was lucid exposition of the germ
theory, clear and explicit explanation
OF definitions of terms much used, but
not generally comprehended, and a
deeply interesting explanation of the
theory of microbes and their agency in
the creation of diseases. 1t was coupled
with advice of general nature, how to
order the household in cases of members
being afflicted with contagious diseases.
The, speaker made it clear to the COM
monest intelligence what the microbe is,
the smallest living thing man can subject
to the microscope, so small that it takes
from 500 to 1000 to make 1-25th of an inch.
The germ, he explained, is beyond micro
scopic examination, and contains the en-
bryo which, under certain conditions, de-
velops into the microbe. The constitu-
ents of the air were explained, and the
dust particles floating in it We're dwelt
upon. Science picks out the parts, the
molecules of the air and examines them.
and in the air dust finds what we call the
nicrobe. Science demonstrates that pu-
trefaction is from deposition of particles
from the atmosphere. Pasteur's, Tyn-
dal's and Lyster's experiments were
clearly explained, by which they proved
the microbe theory to be sound, and es-
tablished the doctrine Of germs as sources
of contagious diseases and of other ills.
The bacterium spirilium signify, he said,
only divisions of the microbe.
The lecturer paid high tribute to the
honesty and truthfulness of DIR. Koch,
and to the ability and devotion of Pas
teur. incidentally in speaking of the
breeding of bacilli in the earth over de-
caying bodies dead from contagious dis
ease, he defended cremation. Incl
dentally, also. he cited the statistics of
vaccination in defense of that practice It
is impossible in permissible space to give
more than hint of the scope and charac-
ter of the lecture. 1t was successful
effort to make clear and understandable
to a mixed audience difficult subject.
The lecturer was warmly applauded as
he concluded
The record-union., 1891-03-03
All Louie,s Death.

A full account appeared in yesterdays
REcoRD-UNIoN of the mysterious mur-
der of All Louie, Chinaman, at Rattle
snake Bar, Placer County, and the ar
rest of the six supposed murderers. A
dispatch was received from Auburn last
night stating that an inquest was held in
the case yesterday, and verdict was
found that All Louie had come to his
death by being stabbed by unknown
parties. Six Cinnamon We're arrested,
two Of whom We're discharged The in
quest held the other four Superior
Judge Prewett discharged them on the
writ of habeas corpus, but held them on
the request of District Attorney Robin
son, he to submit reasons for their reten-
tiOn
The record-union., 1891-03-03
SOCIAL AND PERSONAL.

Warden Aull of Folsom is in town.
l.. Ronstein, of Reno, Nevada, is in the city.
General w. II. Dimond is at the Capital
Hotel
NJ. NJ. Estee came up from the bay last
night.
Hon. NJ. Blggs, Jr, of Butte County, is in
the city.
John Music and Joseph Ruiz, OF Stockton,
are i'll town.
r, d. L. Townsend is quite i'll at his home in
south sacramento.
Senator Langford has resumed his seat in
the Senate, looking quite robust.
Mrs, Ida Stafford and daughter have re-
turned from a three-months' visit to New
York, Boston, Chicago and other Eastern
cities.
Arrivals at the Golden Eagle Hotel yester-
day: j, c. Bennett, George d, Hurst, Thos. f..
Mitchell, New York; NJ. f. Sanborn, Yuba
Avon; A NJ. Forbes, Montana: +. II. sher--
TulIy, Gilroy;; W. W. Cunningham, Charles
De Weese, Philadelphia; Z. w. Ralston, Court
land; F. A. Miller and wife, Riverside, Her.
Tey Y ~ cLindley, Los ANGELES; E. g Davis, Geo.
Johnston, John \. Weston, Geo. Crawford,
Morris NJ. Estee, w. S. Wood, San Francisco
:, Arrivals Y, at the Capital Hotel yesterday:
f; NJ: Jones, Perkins; ". Page, Folsom; w. a.
mond, Colonel j. H. Dickinson, San Francieco;
NJ Biggs, Jr., Oroville; j. w. Davis, Tulare;
D. Marx, san Francisco; DIR. t. t.. pham and
wife, Dixon; a. FL. WILDER, Yuba City; John
Roth, Tulare; P. Roth, Blacks; j. ]. Cairnes,
Tulare; c. E. Burnell, Jr., Courtland; G. F.
Parker, PRINCE; c. A. Fuller, San Jose; M. M.
Estee, san Francisco; Thos. J. Vivian San
Francisco; I. NJ Nosler, berkeley, George E.
Williams, Placerville; G. p. Sprague, Ander-
son; Joseph III. Goldman, San Francisco; L.
II. Trainor. Napa L. J. Hennessey, NJ. D.,
Napa; p. r. Kline, San Francisco; w. NJ.
Smith, Sacramento.
A surprise party was rendered Mr.. and Mrs.
r. " Schnauss, at their residence, Sixteenth
and n streets Saturday evening. Among
those present were: Mrs. B. Benning, Mr. and
Mrs. A. III. Benning, Jr., Mr.. and Mrs II. J.
Carroll, Mr.. and Mrs. L. koegel. Miss Flynn,
Miss smith. G. Little, Mr.. and Mrs. Al. Wuiff
Mr.. and Mrs. G. Il. Leonard, Miss Agnes De-
laney, Miss Freida Noettig. Miss Rosa KunZ,
Mr.. and Mrs. W. G. Hart, Mr.. and Mrs. Chas
lettering, Mrs. Dora Schmeaelze, George
Heintz, William Noettg Mr.. and Mrs. Dick
German, Mr.. Phillips, Mr.. Cuthbert, Mrs
Schepp. Mr.. and Mrs. Charles Konig, Fred.
Benning, Pete Smith, Miss Lille Peterson,
Mrs. f. Greenther, Herman Noettig, Ed. Pc
trus.
The record-union., 1891-03-03
Auctions.

At 1890 a. NJ. to-day, D. J. Simmons &
Co. will sell at auction all the elegant fur
niture in the residence of John Talbot,
corner of Seventeenth and II streets, in
cluding a valuable piano, carpets, silver
ware, etc. The sale will take place at the
premises.
At 10 O'Clock Went. T. Crowell 1t Co.
will sell at auction fine lot of furniture,
crocl<ery and household goods, and 100
cans of salmon. The sale will take place
at the salesroom, 917 J street.
On Thursday, Simmons q Co. will sell,
by order of Perrie Kewen and w. II.
Thomas, another fine lot of furniture, re-
moved. for convenience, to 625 j street.
The record-union., 1891-03-03
Three sacramento Measures

Yesterday was Sacramento day at the
Capitol. Three pet measures We're finally
passed and forwarded to the Governor fol
his signature. They We're the Sutter Fort
appropriation of $4,000, the appropria-
ton for the improvement of the Capitol
grounds and the appropriation for the
completion of the granite steps leading to
the Capitol. All three measures were in
troduced by Senator Dray.
The record-union., 1891-03-03
First Supervisor District.

Precinct NORTH of X and west of Fourth
street. Polls at No. 306 street-Inspectors,
W. III. Sherburn and H. F. Dillman; Judges,
j. j. Bauer and l. Boysen; Clerks, Walter
Van Guelder and T.. s. Rego
Precinct 2-North of K, between Fourth and
Seventh streets. Polls at COS l street-Tn-
spectors, Henry Fisher and H. B. Nielsen;
Judges, Clarence Nelson and l. Townsend;
Clerks, VIM. Hanlon and Chas. Rood
Precinct 3-North of X, between Seventh
and Ninth streets. Polls at 914 Ninth
street-lnspectors, d. ellis and Thos. Fox:
Judges, l.. Eli>us and Fred Neary; Clerks, B.
Leonard and Il. Barnett.
Precinct 4-North of X, between Ninth and
Twelfth streets. Polls at 1909 ] street.-The
spectors, Harry Bay and NJ. j. Burke; Judges,
J. W. Boyd and H. L. Nichols; Clerks Chris.
Little and j. A. NJ Martin.
The record-union., 1891-03-03
Meyers Boy Rearrested.

Cyrus Meyers, the boy who confessed
to having shot Ylopa Sesma, was rear
rested yesterday afternoon by officer
Wagner and lodged in Jail. His parents
visited him last night. No charge has
been entered against him as yet, but
there probably viii be-
The record-union., 1891-03-03
Children Reported Lost.

Two little tots, the daughters of Lieu
tenant-Governor Reddicl< and B. B.
Brown, We're reported missing at the
Police Station yesterday afternoon
The parents of two little boys about
five years of age also notified the police
that they had strayed away from Eighth
street, between @ and r.
The record-union., 1891-03-03

Formerly the great arctic or snowy owl
was rarely found in central or northern
New York, but during the present win
ter the species has been numerously rep
resented and numbers have been killed.
This is thought to be due to the fact that
rabbits, on which the birds feed. have
been uncommonly plenty this season and
have attracted them
The record-union., 1891-03-03
-
1yHERE WILL BE AN ELECTION IN
L this city,
TUESDAY, MARCH 10, 1901,
When the following City Officers are to be
elected, viz:
Third Trustee.
City Auditor.
City Assessor
City Collector.
Fire Commissioner-Fuil Term.
Fire Commissione1-Sliort Term
uHEgE WILL BE AN ELECTION IN
TUESDAY, MARCH 10, 1901,
When the following City Officers are to be
elected, viz:

authority OF the Board of Police COM
missioners of said city, body. duly
| power TO appoint and elect members of the
police force OF said city, under authority of an
| Act Of the Legislature of the State Of Cali
amendatory of and supplementary to
an ACT, approved March 20, 1865 Ell
titled an ACT TO incorporate tho City of Sac
ramento," approved March IL 1889 created
and incurred an Indebtedness by the employ
ment of a number of policemen in excess of
| the number authorized by the said amended
| Act OF the Legislature of 1863; and,
Whereas. The Legislature of 1891 passed
an Act, which was duly approved ON the 2Oth
| day OF February, 1891, providing for the sub
mission to vote of the people the proposition
! OF leNying 81 special tax 20 pay any indebted
ness incurred by municipal corporations dur
| ing the years 1889 ana 1890. therefore be il
Resolved, By the Board of Trustees Of the
| City OF Sacramento, that the question of rails
| ing the sum of S-- by the levy of a
| special tax for the purpose of paying the in
debtedness created and incurred as aforesaid
| be submitted 10 vote Of the qualified electors
! OF said city of Sacramento at the municipal
election TO be held in said city ON the 9th day
of March, 1891
| Resolved That following the names of the
| candidates of the respective political parties
on the tickets printed and to be voted at said
municipal election, the following words shall
tors desiring TO vote i'll favor of said proposed
! special tax shall vote as follows: "For the
| special tax-yes;;' and those desiring to vote
! against said proposed special tax shall erase
| or scratch with ink or q pencil tile word
| YES" and substitute therefor and write in
| the same manner opposite said words ''For
! the special tax" the word "No."
! Resolved That the words ''For the special
| tax-yes," shall be printed upon said tickets
or ballots, and the votes upon said PROPOSE
/ tion shall be counted in the manner pre-
! scribed by the laws of the State of California
| relating to the printing and counting of
election ballots
The record-union., 1891-03-03
CONGRESSIONAL.
Senator Manders0n President Pro
TEN. of the Senate.
THE POSTAL SUBSIDY BILL FINALLY
PASSED.

A Bill Passed in the House Granting
Pension to the Widow of the Late
Admiral Porter; Also, the Senate
Bill for the Erection of a New Mint
Building at Philadelphia.
The record-union., 1891-03-03

CTATED MEETING OF SACRA- a
y mento Royal Arch Chapter No. 5, IN
THIS EVENING, March 3D. at 7:30. NIX
Sojourning companions are cordially " y
invited. G1t*l r. P. BURR, 81. z.
The record-union., 1891-03-03

The election will be conducted according to
the General Election Law. excepting the cleo
ton returns must be made to the Clerk of the
Board of City Trustees
The qualification of voters is that their
names are on the Great Register of Sacra-
mento County. The polls will open at sunrise
and close at o'clock p. NJ
The following are the Precincts, Polling.
places, Inspectors, Judges and Clerks of said
election:
The record-union., 1891-03-03
AFrERNooN sEss1oN.
MORNING RoaRn.

BRADYCRoTINE cured Headaches for
W. w. Edwards, Wilson, n. G.
The Somerset reporter., 1891-11-26
Our EapIe.

Have You seen The notle bird VIII eh We
posscssY NJ, Well You ought to call
and interview him. Turkeys are plenty
with Us at This time Of the year but eaalc,
are scarce; quite rare thing we as.ur
YOU. for IL 10 hqNe one on falt. live
one too, ard an Egg'e, nutwi'h>tandn
the inslnuation OF the junior Editor chat
he is common everyday hen hawk
This Eiitor is liable to represent to you
that even our turkeys are not what they
seem to br, that they are possibly cr~N;
this would he on par with his othec
statement aud would be n fair sample OF
his knoWlege Of Ornithology. But "
forgive him and hope in the future he viii
know the difference between an eagle and
hawk.
As we commenced this article by refer
ring to the feathered tribe, we shall en-
deavor to finish in the same manner. o.
turkeys, chickens and geese, we have
an abundance and should like to
swap them FOR money, you have the mon
ey, we have the birds, lets swap, what
say you? Oar eege is now on exhibition
and we will take pleasure in showing him
TO you and pointing cut the q Ference hr'
tween the emblem of cur country and g
thieylng hen hawk.
GAmNs & GoupuIdn.
OH Brick Store, l25 Water 81, atowhe