davidaulloa/AmericanStories huggingface dataset:
The record-union., 1891-06-04
ROSS S.

STANDARD; RECORD. 2.o5. ON NUM-.
y pers VIII be given in Wallace's Trotting
Register No. 10.)
ROSS >, 1926, by Nutwood. 2:1Ssl. first
gam by State of Maine, $40, by Simpsons
messenger by Winthrop Messenger, son OF
Black Hawk
wood stallion on the coast, excepting Dawn.
2:1SS, and as sire will prove to be the equal
OF any son OF Nutwood. His first colts, now
S-year-oids, are very promising, and three of
them Will drop in the $50 list this year III
nothing happens them, as two can now show
u ESQ gait, and the third can trot a mile in
$50. ROSS'S. and his colts can be seen NJ
stables of the undersigned, where all can see
that lie Is sire of size, color style and speed.
DESCRlPI1ON--ROSS S. is q rosewood
pay, 10 hands high weighs 1,150 pounds,
very stylish, good name and tail, legs and
ieeI, plenty OF bone and muscle, ana splen-
did long neck.
TERNIS-RoSS s. will stand at SIS for the
season,
The record-union., 1891-06-04
In the Police Court.

In Judge Cravens' court yesterday
George and Joe Kelley, the two boys ar
rested on charges of grand and petit lar
ceny, had their examinations continued
until Juno 10th.
All Tie and All Sam. two Cinnamon
who created "a disturbance by quarreling
on l street, were fined $40 each.
The record-union., 1891-06-04
PACIFIC HOTEL,

Corner X and Fifth Streets, Sacramento.
CENTRALLY LOCATED AND -CONvEN-
" lent to all places of amusement. The best
family hotel in the city. The table always
supplied with the best the market affords.
Street cars from the depot pass the door every
five minutes. Meals. 9 IS cents.
c. +. SINGLETON Prorriator
The record-union., 1891-06-04
ALLEGED Disorderlv Place.

J. c. Schaden has sworn to a complaint
charging Thomas Burns, who conducts a
saloon on the southwest corner of Fourth
and L streets, with keeping disorderly
house.
The record-union., 1891-06-04
AnnPrtukrra.
John MILLER

Successor to Fritz & NIiller),
UNDERTAKING PARLORS,
O0s K STREET (ODD FELLOWS TEN.
JUO ple). A complete stock of Undertaking
Goods always on hand. EMBALMING A
SPECIALITY Telephone No 1915
The record-union., 1891-06-04

For bronchial, asthmatic and pull
monary complaints, Browns Bronchial
Troches manifest remarkable curative
properties. % cents box.
The record-union., 1891-06-04
FREMONT HOTEL,
MRS. p. BRYDING, Sole Proprietor

NEWLYFURNISHE AND RENOVATED
IN fine family hotel; weil-supplied table;
airy rooms; terms moderate; accommodations
excellent. 112 and ia street api-3m
The record-union., 1891-06-04
gambling 5)pmsra.
SACRAMENTO RANK

FTNHE OLDEST, SAVINGS BANK IN THE
Il city, corner Fifth and j streets, Sacra-
up capital, gold coin, $500, 600: loans on real
estate in California July /, 1890. So. S9S. 442:
term ter noa AND ordinary deposits, July /, 1885,
ceived. Dividends paid in january and July.
Money loaned upon real estate only: The
bank does exclusively savings bank bust
ton to w p COLEMAN Prasidant .
ED. r. HAMILTON, Cashier
The record-union., 1891-06-04
ST. DAVID'S,

rs Howard Street, near Third San Francisco.
A FIRST-CLASS LODGING HOTEL, CON
IL tanning 200 rooms; water and gas in each
room; no better beds IN the world; no guest
allowed to use the linen once used by another;
large reading-room; hot and cold water
and rs cents; per week, from So Upward.
Open all night. r. HUGHES, Proprietor.
rs AT Market-street Ferry take Omnibus
Zine of street cars for Third and Howard TITS
The record-union., 1891-06-04
THE SADDLE ROCK
Restaurant and Oyster House

EIRST-CLASS HOUSE IN EVERY RE-
L spect. Ladies' diningroom separate Open
day and night. BUCK MANN & CARRA-
CHER, Proprletors. No. 1919 Second street,
between ] and X. Sacramento
The record-union., 1891-06-04
BROOKLYN HOTEL,

DUSH STREET, BETWEEN MONTGoM-
ID cry and Sansome, San Francisco, con-
Quoted on both the European and American
plan. This Hotel is under the management OF
Charles Montgomery, and is the best Family
and Business Mems Hotel in San Francisco
Home comforts, cuisine unexcelled, first-class
service, highest standard of responsibility
guaranteed. Board and room per day 81 rs
to 50; single room. so cents to 81 per night
Free coach to and from the Hotel. TTSa
The record-union., 1891-06-04
NUTWOOD JR.,

TTHE FAMOUS STALLION. WILL STAND
i the season at AGRICULTURAL PARK.
Price, $50 for season.
mr2l-Sm r. II. MASON, Proprietor.
The record-union., 1891-06-04
DINING ROOM.

THE UNDERSIGNED HEREBY AN.
i nounces that he will open the Interna-
tional Hotel Dining-Room on June list, and
conduct 1t in most satisfactory manner. Ar
engagements can now be made for regular
boarders. lmy2S-tfl E. L. FUNK, Proprietor. .,
The record-union., 1891-06-04
CoUNrY HOSPITAL. roc.

DR.. Nichols said he did not want to be
understood as being sensational. He
had no ak to grind, but was DESTROYS of
improving the sanitation of the city. As
Health Officer, he gave notice that he had
condemned the Courthouse plumbing.
After some discussion as to the most
feasible plan to put in practice, the doctor
was instructed to prepare specifications
III accordance with his suggestions and
submit them to the board on Saturday
morning.
superintendent White of the County
Hospital, who was present while Dr.
Nichols was talking, asked permission 10
say a few words. He said the sanitary
condition of the hospital was on par
with that of the Courthouse. The plumb
ing system was defective and worn out.
1t needed attention immediately, and he
hoped the board would not put the mat
ter off any longer.
Chairman Jenkins of the Hospital
Committee was instructed to look into
the matter and report to the board on
Saturday.
The record-union., 1891-06-04
W. /. KAVANAUGH, Undertaken,

No. 513 j ST., bet. Fifth and Sixth.
A LWAYS ON HAND A LARGE ASSORT-
n ment of Metallic and Wooden Caskets
Burial Cases, Collins and Shrouds furnished.
Coffin orders will receive prompt attention on
short notice and at tG5 lowest rates. Office
open day and night. Telephone No. 3O5
The record-union., 1891-06-04
!. FRANK CLARK,

UNDERTAKING PARLORS.
1O17-Io19 Fourth ST., Sacramento.
EMBALMING n SPECIALITY. GEORGE
IL IL CLARK, Funeral Director and County
Coroner. Telephone No. 1884,
The record-union., 1891-06-04
COUNTY ADVERTISING.

Supervisor Miller's resolution to refix
the rates for county advertising was
called up and read by Clerk Rhoads. It
is as follows:
WHEREAS, The rates of county adver-
Using now and heretofore maintained
and fixed by this board have proven in
adequate for the services required to be
performed, as has been proven by the re-
fusal of the newspapers of the county to
take or accept county advertising at the
rates now in vogue, and believing that
the County of Sacramento is not entitled
to have its advertising for a less rate than
is now paid by the city, and for less than
private individuals would be requested to
pay, be i r,.
vertising be fixed as follows: One
square, 240 ems nonpareil, first time,
81 so. One square, 240 ems nonpareil,
second time, 81. One square, 240 ems,
third time, 81; and each subsequent time
70 cents. Interrupted insertions, 81 so
per square for each insertion for daily
papers. For weekly papers, ST so per
square for each insertion. And all rates
for said advertising heretofore fixed by
the board, and now in existence, and in
conflict with the present rates, are hereby
repealed
the newspaper offices to see about this ?o
asked Mr.. Black.
YES, SIR" replied Supervisor Miller.
81 went to both the RECoRn- UNION and
Bee offices, and they both refuse to take
county advertising at the rates previ-
ously set by this board.'' Mr. Miller
said further that the position taken by
the papers was just one. The county
had no right to expect them to take its
advertising for less than the business
men and regular advertisers pay.
Chairman Greer said that the rates as
fixed in Mr.. Miller's resolution were
almost identical with the ones suggested
by him some time ago, and which the
board refused to accept. He would vote
for them now.
Mr.. Bates was unwilling to vote for the
resolution. He was ready to pay the
papers the rates asked, but thought res
olution useless.
Supervisor Black moved the adoption
ofthe resolution, and Supervisor Jenkins
seconded the motion. After some further
discussion the resolution was adopted,
Mr.. Bates alone voting in the negative.
OTHER MATTERS.
DR.. Obed Harvey of Gait presented a
petition asking that J. NJ. Halter be
appointed Poundmaster for that district,
and the prayer of the petitioners was
granted.
On motion of Mr.. Jenkins, the sum of
S51 so was borrowed from District No.
l04 to pay bill of that amount contracted
by District No. IL, which is in an impov-
erished condition
The examination of bills was taken up
and large number wera passed before
adjournment. One bill for new patent
agricultural implement for the County
Hospital caused a discussion.
Il thought they had one of those ma
! chimes out there,n said Chairman Greer
| well, that's all right-suppose they
The record-union., 1891-04-01

in point of time. She voluntarily went
into dangerous place where she had no
right to be, and the brakemen very fool
ishly allowed her to do so. The fatal
mistake after this was in not thinking of
the fact that the box-cars were wider
than the flat-cars; and this was evil
IDENTIFY shared by all the parties. The
plaintiff probably was correct in the
Shively shortly after the accident. ssShe
said it was some of her foolishness-it
was her own fault. l asked her, What
in the world did you go in there for? She
said some of her own foolishness."
think the judgment and order ap-
pealed from should be reversed and the
cause remanded for new trial.
VAN CLIEF, G.
We concur:
BELCHER, c.,
EnnTE
The record-union., 1891-04-01
MATTHEW x MCGoyERN,
mark
FREDERICK KERN,
ID 8 CnuN 81

Witness to signature of Matthew Nc
GoXern, n. o. BRADLEY.
does not show that the creditors were
creditors of the partnership, rather than
OF u. l.. and w. b. Wright, as individ-
uals. The allegation is that D. L. and
w. Is. Wright, doing business as part
ners under the firm name of d. l.. and
w. b; Wright, are indebted, etc.-and
not that the firm of ID. L. and w. b.
Wright are indebted, ETC. / think this
averment can only be understood as
charging that the Indebtedness arose in
the business of the co-partnership.
Ihere Is no provision in the Insolvent
Act for adiudging two or more persons
1nsolvent and providing for ioint as
slgnment except Section So, which au-
thorizes such proceedings in favor of or
against partners, in reference to partner
snip debts and assets. In such case the
proceeding is properly for or against them
individuality as partners. This must be
SO, for the separate estate of each mem
per OI the nrm also passes TO the as
slgnee. And such was the practice in
bankruptcy in the Federal courts. Part
nershlp debts are, after all, only Joint OBJ
legations, and the firm cannot be insoly-
ent unless the individual members are
so. 1t is doubtless necessary to show
what the partnership debts are, for vari-
GUS questions are likely to arise between
indlNldual and firm creditors in marshall
Ing OF the assets and paying debts. The
form adopted here in the averment of the
partnership Indebtedness is quite similar
TO that which has always been employed
IN pleading partnership Indebtedness
and | think is sufficient.
The objection to the verification is that
1T IS In the usual form for the yerification
OF pleading, which includes matters
stated on Information and belief.
ihere are no matters in the petition
stated 10 be on Information and belief,
ana the statute does not prescribe the
form of the verification. Where differ
ent creditors, however, having several
debts, are required to join in a verifica-
ton, some of the matters must neces-
sarily be stated upon the information and
belief of each of the affiants.
think the petition and verifcation
sufiiclent, and the judgment and orders
appealed from should be affirmed.
We concur:
VAN CLIEF, G,
FooTE, C.
THE COURT.
For the reasons given in the foregoing
opinion, the judgment and orders ap-
pealed from are affirmed.
Filled at Sacramento, March 20, 1884,
Appeal from the Superior Court of
Tulare County-Wm. w. Cross, Judge.
For appellant, +. l.. Craig and Horace
Hawes.
For respondent, Justin Jacobs and w.
A. Gray.
IN BANK.
EsREY,
Respondent,
s.P.R.R. Co, NO. 1914
Appellant.
This was an action for damages for per-
sonal injuries. The plaintiff had a YER
dict and Judgment for s., 600, and the de-
fendant appeals from the Judgment and
an order denying its motion for new
trial
The following are the material facts:
The accident occurred at Leemore. n
small town between Tulare and Huron.
in the afternoon of February l3, 1889. The
plaintiff had gone to the depot with a
friend, one Miss Furnish, to bid
goodbye to an acquaintance, one
Mrs. Shively, who took the
freight train which passed Leemore
The record-union., 1891-04-01
IFiled March 25- 1871

Appeal from Superior Court of Stanis-
laus County-William o. Minor, Judge.
For appellant, E. G. Knapp, T. u.
Brakeman and Wright 81 Hazen.
For respondents, Turner 6 Maddux
and J. H. Budd.
IN BANK.
MoULToN VS.. KNAPP-No. 1922.
In Moulton VS.. Knapp, IS CAL 3S5 this
cause), an injunction had been granted on
verified complaint alone. It was held
that plaintiffs remedy, if any they had,
was by motion to set aside the execution,
and to stay all process until the expira-
ton of the year; that plaintiffs were not
entitled to an injunction. That decision
is the law of the case, and is conclusive of
the question involved in this appeal. The
Judgment appealed from is based upon
the complaint on which the preliminary
Injunction referred to was granted. and
DEGREES to plaintiffs the relief therein
prayed for.
Judgment reversed. PATERSON, J..
We concur:
MCFARLAND, j.,
DEHAvEN, j.,
GAROUTTE, j.,
HARRISON, j..
SHARPSTEIN, j.
Filled in Sacramento, March 25, 1917
Appeal from Superior Court of Colusa
County-E. A. Bridgford, Judge
For appellant, B. +. Howard and S. C.
Tompkins.
For respondent, 81. NJ. Albery and w.
G. Dyas.
IN BANK.
MINNIE SPECT, Respondent,
VS.. No. 14075.
Lou G. SPECT, Appellant.
The defendant in her answer to COM
plant in ejectment, which was in the
ordinary form, denied all its allegations,
and, for a separate and equitable de-
The record-union., 1891-04-01
THE COURT.
7. c. J.. dissenting. ]

[Beatty, c. j., disseiting.]
For the reasons given in the foregoing
opinion, the judgment and order appealed
from are reversed, and the cause re-
manded for new trial.
The record-union., 1891-04-01

Habeas corpus.
Police Court, San Francisco.
For petitioner. Benz. B. Haskell.
For people, District Attorney VIM. S.
The record-union., 1891-04-01
THE COURT.

For the reasons given in the foregoing
opinion, the Judgment and orders ap-
pealed from are affirmed.
The record-union., 1891-04-01

Filled at San Francisco, March 25, 1884,
Appeal from the Superior Court of
Contra Costa County-Jos. p. Jones,
Judge.
For appellant, Philip Teare.
For respondents, William and George
axyiStoC
The record-union., 1891-04-01

danger. Not until that time" The first
box-car struck and crushed her shoulder.
Whereupon she threw herself upon the
ground and the train passed without in
juring her further
All of the foregoing facts appear with
out substantial contradiction. The only
conflict is as TO whether she heard the
brakeman tell her not to go in there, and
for the purpose of the opinion it is as
suned that she did not hear him.
Upon these facts, it seems clear that her
own negligence contributed directly and
proximately to the injury. She had
voluntarily placed herself in a dangerous
position-a position in which, as it turned
out, she would be almost certain to be in
ljured by the running of the cars in the
ordinary way, and from which her more
prudent companion shrank back in fear.
Now, If the defendants employees had not
seen her position of danger, the defend
ant would have owed her no duty to take
any particular precaution, and conse-
quently would not have been guilty of
negligence. fToomey VS.. S. p. r. r. Co.
Il Pac. Rep. l074.) But the defendants
! employees saw her in time to have avoided
the accident, and hence were bound tn
use care. The brakemen ought to have
stopped the train, and. if necessary, COM
pelled her TO get out of harm's way They
did not do this, and hence were guilty of
negligence. But the complaint does not
| charge that there was anything willful or
| wanton against the defendant It simply
| alleges that the defendant ''carelessly and
negligently" ran one of its cars against
| the plaintiff; and this is all that the evil
dence shows. For this negligence on the
part of the defendant, plaintiff would
have had cause of action if there had
been no contributory negligence on her
part. But the rule is that wherever
the negligence of the plaintiff con
tributed directly and proximately to
the injury, there can be no recovery.
Such negligence must have contributed
to the injury not remotely, but directly
and proximately. lNeedham VS.. s. +.
and S. j. II. r. Co., 81 Cal. 400; Kline VS..
c. p. r. r. Co., 81 Cal 406; Fernandez
| vs.. Sac. r. X. Co., 81 Cal. 53.) But think
that such was the case here. The plaint-
| III Is negligence was certainly not remote
The record-union., 1891-04-01

Filled at Sacramento, March 20, 1891
Appeal from the Superior Court of
Tulare County-Wm. w. Cross, Judge.
For appellant, +. L. Craig and Horace
Hawes.
For respondent, Justin Jacobs and w.
A. Gray.
Morning journal and courier., 1891-05-05
:
 A LARGE SALE.

Opening of the Sale of-Seats for the
 Flashing of venice-A Nearly $I,2OO
 Sale Yesterday.
 The sale of reserved seats for Flashing in Venioe," which opened yesterday morn ing at the Hyperion, was quite large. Many boys and young men had gathered during the night, and by the time the hour of sale arrived the line had assumed large propor- tions. The sale for the day amounted to between HOO and $1,20O. There are still many good seats left both in orches- tra, orchestra circle and dress circle which can be secured at the box office.
 The production will take place on Tues day and Wednesday, May 12 and IS.
 The e'Bosion Advertiser" in speaking of this entertainment when given in that city, said: "A, scene bewildering in it's artistic effects was produced in Mechanics nall last night before an audience of thou sands, including the culture and wealth of Boston The occasion was the opening production of Flashing Thursday in Ven ice."
 The entertainment is fastastic. bewilder- ing, artistic, and reflects great credit unon it's composer, Carl Marwig, of New York. and the 200 or more young ladies and gen. tlemen who take part. The costumes are magnificent, the groupings and dancing like page from Fairyland."
Morning journal and courier., 1891-05-05
ANNUAL MEETING

Of the Horse Guards-Omcers Elected
 An Excursion on July 4.
 Nearly every member of the Horse Guards was present at the annual meeting of the company which was held last eve ming.
 Major Blakeslee announced the follow ing promotions and appointments in the non-commissioned officers: .;
 CIV. Hoffman, fifth sergeant; c. ]. Platt, G. G. r Biau, s eighth s sefsesns George F Pratt, kins third % Henry n Powell, fourth; L. s. Tracy, fifth; John Schmidt, sixth; G. w. Curtis, sev- sRsa; sivaly;. C. B. Smith, eighth '0Fp0r"s Fsspeo'
 The elections by the company of secre- tary, clerk and treasurer were very har- monious. Lieutenant F. L. Newton was unanimously elected secretary for the en- suing year. Corporal F. L.. Hawkins. who has oficiated as clerk during the past year, was reelected but declined to serve. L. M. Smith was then elected clerk The treasurer, Sergeant w. H. Forsyth, was unanimously reelected.
 A letter was read from the joint com mittee of the Grand Army posts of the city. The letter contained an invitation te the Guard to parade dismounted with the G. A. R. on Memorial day. The mem bers took exception to the invitation to parade dismounted, and were not aware why they were invited to join in the parade without horses. The invitation was not accepted, as the members desire to know more particulars regarding the invitation.
 The subject of an excursion was referred to. The company decided to give an exz cursion on July 4 The trip will probably be by steamer to New York city and pos sibly some other points.
 Several guests will be invited to join the company on the spring parade trip, which Will bs to Seymour, on May 20.
Morning journal and courier., 1891-05-05
FaIRHAyEN NEWS

Remarkable Escape of a Little Girl-
 Falls From a Two Story Window
 To Inquire Into Those Cattle
 Stables.
 The two-year-old girl of Mamie J. Gain fell from the two story window at her home late yesterday afternoon. She struck on the concrete walk, but strange to say was not killed nor seriously injured.
 Dr. E. K. Roberts, who was called, upon examination found that save few bruises the child was not injured. Dr. Roberts was called in few weeks ago, when another child had a similar fall, striking on a concrete walk and escaping serious injury. MT. Cain is the letter carrier of the Twelfth ward who fractured his knee pan several months ago.
 This morning the petition that has been circulated by Alderman Falsey, in favor of abolishing the cattle stables at the dis tillery, which has been signed by over 100 residents in the vicinity, will be acted upon by the board of health. It is ex pected that it0will be spirited hearing, as the Distilleries company is ready to make an earnest protest, after stating their case, and the petitioners will be ready to state their case.
Morning journal and courier., 1891-05-05
A SUCCESSOR ELECTED

To Fill the Vacancy in the Board ol
 Fire Commissioners Edward
 Wines Chosen.
 The republican members of the board of aldermen met last evening before the meeting of that body to unite upon can didate to succeed F. B. Farnsworth as fire commissioner They were unanimous in nominating Edward Wines, formerly an alderman from the Fourth ward.
 Later in the evening at the meeting of the aldermen resolution was. offered by Alderman Daley that MT. Wines nomina- ton be confirmed. Some little discussion arose over the question whether or not the board had been sufficiently notified. The clerk was finally authorized to cast the ballot which resulted in the election of MT. Wines to fill the unexpired term of MT. Farnsworth
Morning journal and courier., 1891-05-05
Public Installation.

Rescue Lodge, No. :32, I. o. of G. T., publicly installed the following officers last night for the quarter ending August 1, '91 c. T., William Dorking; V. T., Emeline Hayes; s. J. T., Mrs. G. w. Whistler; sec- retary, N. B. Farnham; financial secretary Edmund W. Linton; treasurer, Carrie E. Linton: chaplain, Susie Krick; marshal, Ezra M: Bixby; guard, Elmer E. Okeson; sentinel, Jacob Wagner; assistant secre- T., Sarah P. Kibbe. Following the install lation the Rescue Social club gave an en- tertainment, -..,..