davidaulloa/AmericanStories huggingface dataset:
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-09
The Edith Under water at Port Ludlow

PoRr TOWNSEND. March s.-fSpecial. i
The steamer Edith. which was the mail
boat to this city until March 1. was sub
merged 1t high tide Friday night, while
lying at Port Ludlow wharf. She was k6t
securely fastened and the hull filled with
to the beach, her pilot house being half
under water. Sailors have been engaged
since yesterday in an effort To raise her.
The mail since March has been carried
by the Eliza Anderson. The Edith is
boat with history. She was built by w.
c. Ralston, the San Francisco millionaire,
who died some years ago, and he intended
enough, however, and was sold, rcmodeled
and finalIy brought into service on the
Sound.
The record-union., 1891-02-16

IL,
refers entirely to ante-nuptia1 contracts;
and it is fairly presumable that the
marriage contract referred to in Sec
ton II of the Act concerning wills (now
Section 1899 of the Civil Code), is the one
referred to in the Act of April II, 1850, de-
fining the rights of husband and wife.
| When the Civil Code was adopted this
term in the chapter on Husband and
Wife" was changed to marriage settle
ment" and contract for marriage settle
ment'' &c. c., Secs. AT to 1871; and in con-
sideration of the provisions of Section 5
of the Civil Code, we must presume that
the nnlarriage settlement, found in these
sections is. the same as the marriage
contract" found in the Act of April IL,
1850, and consequently the same as the
marriage contract referred to in Section
1893 of the Civil Code.
Stewart in his treatise on Marriage and
Divorce, Section 81, says: Contracts or
eonveyances in contemplation ofmarriage
whereby property is promised TO, or
settled on, either or both of the parties,
by either or both OF the parties, or by a
! third party; and contracts whereby either
or each of the parties releases or modifies,
| or agrees to release or modify, his or her
property rights, which would otherwise
! arise from the marriage, are called mar
riage settlements or contracts.v And in
| the same section he also says: Marriage
settlements made after marriage, unless
| in pursuance of ante-nuptia1 articles or
agreements, are simply contracts between
husband and wife,
1t is unnecessary, however, to decide in
this case whether the marriage contract
referred to in Section 1899 is limited to
ante-nuptial contracts, or whether a post
nuptial agreement between husband and
wife may be 50 framed as to constitute
such marriage contract, inasmuch as
the instrument here is post-nuptial
agreement, which does not in terms pur-
port to be a marriage contract.
Section 1893 unequivocally declares
that. except in the instances therein spec
| flied, ''if after making will the testator
| marries, and the wife survives the testa-
| tor, the will is revoked" When the will
The record-union., 1891-02-16

to be in harmony with this view.
(Crompton VS.. Zabriskie, 10l U. S. COL;
2 Dillon on Municipal Corporation, Sec
tions 9I4 and 922 [4th Ed. .l.)
In Foster VS.. Coleman 90 Cal. 279), the
right of the taxpayer to maintain such an
action seems to have been assumed; and,
in the later case of Shakespear VS.. Smith
az Cal. 63S), it was held that taxpayer ofa
school district could compel the cancella-
ton of an illegal warrant drawn upon
the Superintendent of Streets, and that
such officer could, in the same action, be
restrained from drawing requisition on
the County Auditor, as directed by such
illegal order
3. 1t is further urged that there is no
allegation, or finding, that the county or
plaintiff will suffer any damage if the
land of Hodges is accepted and paid for:
that it does not appear that its value is
any less than the price agreed to be paid
for it. But the question here is not
whether the county will profit or lose by
the transaction. If the law forbids the
making of such a contract. unless pre-
ceded by publication of the notice of
intention to make it, that must be the end
of the matter, as in such case there can
be no legal liability upon the part of the
county to pay, and the object of this
action is to prevent an illegal payment of
public money. This principle was ap-
piled in Shakespear VS.. Smith, supra. In
tlltt CAST III WAS llOl uGtileC lHaI the SCHOOL
district was justly indebted to the payee
in the order named, and the court said:
'The only vice in the transaction consists
in its allowance by party in interest,
which raises an implication of fraud and
renders the order void.' The vice of the
contract in this case is, that it was made
without authority of law, and this appear
ing. it is void.
There are other matters discussed in
the brief of counsel, but we have not
thought it necessary to discuss them
The question as to the validity of the
contract, made between the proprietors
Of the newspapers, is not involved in
this case. Judgment affirmed.
De HAVEN, J.
We concur:
BEATTY, c. J.,
MCFARLAND, j.,
HARRISON, j.,
PATERSON, j.,
SHARPSTEIN, j.,
GARoUTTE, j,
The record-union., 1891-02-16

DIR. LIEBEG & Co. of San Francisco, the
Well-known specialists of the Liebig
World DiSpensary and International Sur
gical Institute of Kansas City and San
Francisco, will~visit Sacramento Febru-
ary 10Th, 10th and 2lst-three days only.
Offices at l0071 Fourth street, between J
and X streets
The record-union., 1891-02-16
Filled February 9, 1891. ]

Filled February 9, 1871
Appeal from Superior Court of San
Benlto County-Janes f. Breen, Judge.
For appelhnt-Briggs. & Hudner.
For petitioner and respondent-Mont-
gomery d Scott, Mich Mullaney and
William Grant, OF counsel.
IN BANK.
VIM Respondent rs: No. ls.soe.
SHAW, Appellant.
This is an appeal by the defendant,
Shaw, who is the Auditor of the County
of San Benito, from Judgment enioin-
ing him. as such Auditor, from drawing
warrant of said county in favor of one
Hodges. The court found that the plaintiff
IS resident elector and taxpayer in the
County of San Benito; that the Board of
Supervisors of said county made an order
declaring their intention to purchase from
one Hodges, for the sum of $3.50, certain
described piece of land for the use of the
county, and directed the clerk to give
notice of said intention, as required by
law; that there We're at all times two
newspapers of general circulation pub
lished in said county, but said notice of
intention was not published in any news
paper in said county; that, without such
publication, the Board of Supervisors, at
the time fixed in said notice of intention,
passed an order to purchase said real es-
tate, ana directed the appellant, as Au-
ditor, to draw his warrant on the County
Treasurer for the sum of $3.50 in favor of
said Hodges, upon the delivery of deed
conveying the title to said land, to be APP
proved by the District Attorney, and that
defendant threatens, and will, unless re-
strained, draw said warrant, in accord
ance with said order.
The findings further show that in jan
uary, 1890, the Board of Supervisors of
said county fixed the price of all county
advertising for the ensuing year at IS
cents per square for the first insertion,
and % cents for each subsequent in
sertion. In March, following, the
plaintiff and one Shaw, who were the
proprietors of the two only newspapers
published in the county, entered into an
agreement, adopting a uniform schedule
OF prices to be charged by them for adj
vertising and printing, stipulating that
the same should extend to all county
work, and where possible and necessary,
said county work shall be divided as
equally between the-two offices AS possi-
BILE, each receiving profit proportionate
to the work done.n BY this agreement
said newspaper proprietors We're to
charge for county printing 81 80 per
square, first insertion, and 75 cents per
square for each subsequent insertion.
The court further finds that neither of
said newspapers was willing to publish
said notice of intention for the price fixed
by the Board of Supervisors, "but they
The record-union., 1891-02-16
[Filed February 9. 1891 .

Appeal from Superior Court of Los
Angeles County-W. H. Clark, Judge.
I For appellant, Smith & Northrop
For respondent, E. Baxter and Wells,
Guthrie & Lee.
M $50 DEPARTMENT ONE.
IN THE MATTER OF THE ES-1
/ TATE OF JOHN r. .ConKER,
DECEASED
JOHN F.. CoRKER, Appellant, No. 1891.
y VS.. - !! Il ~.
AuRELIA. j. CoRKER, Re-
spondent. .s,
John r. Corker died in the county of
Los Angeles, September II, 1889, leaving
writing purporting to be his last will,
which was executed December 12, 1883;
and on September 1S, 1889, John F.
The record-union., 1891-02-16

For the reasons given in the foregoing
opinion, the judgment is reversed, with
instructions to the court below to sustain
the demurrer to the complaint.
The record-union., 1891-02-16

no difference what were the views or mo-
tives of the defendants in receiving the
property, or what they suspected or be-
| think the Judgment should be re-
versed and the cause remanded, with in
structions to the court below to. sustain
the demurrer to the complaint.
. VAN CLIEF, c.
We concur:
FooTE, c.,
BELCuER, C.,
The record-union., 1891-02-16

Appeal from Superior Court of San
Benito County-Jaines F. Breen, Judge.
For appellant-Briggs & Hudner.
For petitioner and respondent-Mo
gomery d Scott, Mich. Mullaney and
William Grant, OF counsel.
The record-union., 1891-02-16
THE COURT,

For the reasons given in the foregoing
opinion, the judgment is affirmed.
The record-union., 1891-02-16

We concur:
BEATTY, c. J.,
MCFARLAND, j.,
HARRISON, j.,
PATERSON, j.,
SHARPSTEIN, j.,
GARoUTTE, j,
The record-union., 1891-02-16

YTHE NEWS OF THE WORLD Is CON.
j tanned in the WEEKLY UNION.
The record-union., 1891-02-16
fFjIed February g 1901 l

Appeal from Superior Court, Los An
geles County-Walter Van Dyke, Judge
For appellant, Z. j. Carran, Walter
Bordwell.
For respondents, Wells, Guthrie & Lee
G. Mcfarland, Albert Crutcher.
DEPARTMENT ONE.
Los Angeles herald., 1891-01-24
NEWS NOTES.

There are kilograms at the Western
Union Office for H. G. Wolff and P. w.
Davis.
Jesus Gonzales took out a marriage
license Yesterday, to wed Eliza Romo.
Both are natives of California.
The interest in the art exhibit is in
creasing daily, and the ladies feel highly
gratified over the sale of so many fine
prints.
The match hurdle race, arranged for
Washington's birthday, between DR..
Rowland's mare Daisy and Captain An
derson's Sir Ladd, is off.
Several cases of violating the Sunday
closing ordinance, which were set for
trial before Judge Owens yesterday
morning. were continued, pending the
decisions OF Judge Clark in the writ of
prohibition proceedings.
A boy by the name of Thomas Dolan
was caught in the act Of stealing two
pairs of gloves at Reich Bros. store, 2l5
East First street, at O'Clock yesterday
afternoon. He was handed over to
Officer Whaling, who escorted him to
the police station, where he was locked
up, charged with petit larceny.
All members of the Ruskin Art club
are urged to be at the exhibition room
this morning at IL. Matters of import
ance are to be arranged. Mrs. S. A.
Fleming. though not a member Of the
Art club, is interested in its work, and
has generously offered to supply music
for the exhibition this evening.
James Morley is now ahead in the
pool tournament. He has one more
game to play with White. Should Nor
ley lose, it will result in tie between
Roberts. Richards, Rivers, White and
Morley. Rivers plays Malone, the
American champion, at O'Clock tonight
at the Carlton billiard parlors, and in
the event of Morley winning he will try
conclusions with Malone at o'clock.
Early yesterday morning fire was
discovered in the rear OF the residence of
G. N. Williams, No. 1913 South Main
street, by a gentleman who was passing
the house. The fire brigade was called
out and by responding promptly, sue
ceeded in checking the outbreak before
much damage had been done. As no
one was about at the time, 6 80 o'c.ock,
the cause of the fire is yelled in mystery,
but it is supposed to have originated in
drawer in the kitchen in which
matches were stored, and which is fire.
quented by mice.
Anniversary meetings in the interests
OF the Young Mems Christian associa-
ton will be held in the principal
churches of the city, tomorrow. In the
morning sermons will be preached at
the Fort-street M. L. church, by Rev.
DR.. Cantine, and ut the Railroad-street
Congregational by the Rev. j. H. Col
1ins. In the evening the following SER
vices and speakers have been arranged
for: First Presbyterian church, Rev.
Mr.. Russell and F. M. Porter; Imman-
uei church, L. S. Field and VIM. Fl.
Mead; First Congregational, Rev. DIR.
Hutchins and A. M. Armour; United
Presbyterian, Mr.. E. w. Spencer and A.
L. Whitelaw; First Baptist church, Rev.
Dr.. Read and w. d. Bal; Simpson M.
f. church, Rev. Mr.. Knighten and D.
NJ. Mcdonald; Trinity M. E. South,
Rev. Mr.. Stradley and f. b. Hays; Cen
tral Baptist church, Rev. J. S. Dill and
M. Monsen. The meeting at p. M, at
the association rooms will be addressed
by Rev. DR.. Rugbee, pastor of st. Paul's
Episcopal church.
Los Angeles herald., 1891-01-24
THE SUPERVISORS.
Bids Received for Printing the Delin-
Quent Tax List.

QueuL AK L1SC.
The bids for printing the delinquent
tax list were opened yesterday at the
session of the supervisors. The follow
ing were the different bids:
HERALD-First insertion, 75 cents !;
second insertion. 80 cents, and third
insertion 2s cents, for 24O ems. Ex-
press ss-$1 .25 for three insertions per 24O
ems. Times-80 cents first, % cents
second, and Is cents for the third inser-
tion per inch. Court Journal-99 cents
for 240 ems, three insertions. The board
took the matter under advisement.
Supervisor Cook made motion that
the district attorney be authorized to
bring suit against the Southern Pacific
Company Branch Railway company,
and the Southern Pacific company, for
delinquent taxes OF 1887.
Los Angeles herald., 1891-01-24
ASTHMA

. =
1t is . common error to suppose every dis
ease which is attended by Oppressed breath
ing to be Asthma or Phthisic. We have short
Just as we do in Asthma, only that in these
diseases II y always present, whereasi in Asthma
1t occurs IN paroxysms.
which manifests itself in periodic attacks q
'fts." 1t comes on suddenly and - attended
with great difieulty Of breathing while i lasts;
almost as well as in health. 81 7''
Nervous, Humid and Dry Asthma are names
given TO different forms Of this discase. Km-
Of Asthma, while Hay Fever or Rose Cold is :
peculiar variety OF Asthma which occurs at
certain season of the year. Each .of these
others in symptoms, but practically these dis.
tinctions are OF very little value. 1t does mot
matter M ter to . the patient which form q Asthme
yellow, and We ' cali It bronchial. ~ In % sncsSsr
np i Y sssa s sRa WI S I wSy y o Msn he % sDus
face, we say he has Humoral Asthma. ID
Nervous Asthma there 10 very nttle expecteE-
as crying cold In the head or infuenxa, and
a clear water runs from the nose and the eyes
before the Asthma ft comes on. In Emphyoema
tinues TIM 60 IN tie interval II bstwssn ths tRe az %
while the shortness Of breath Is increased on
the slightest exertion.
lieve that If they have Asthma they cannot ret
Consumption. The truth Is the very opposite.
They are more liable TO fall into Consunpti0n
because they have the Asthma Another Idea
is that the Asthma itself is not a dangerous dis
ease. and yet the published bills Of mortality
for this city prove to all who read them that
great numbers lose. their lives every year by
this foul destroyer OF our homes.
Without courage and perseverance, nothing
is durable. But with these, aided by proper
and skillful treatment, Asthma can be- cured
even after the lungs are extensively diseased.
Persons desiring treatment by this system of
practice can use the remedies at homo Is well q
at our office, and which will cause no incon-
venience or hindrance from businefs hatevef
Every case. of Asthma is curable Eastern
visitors and invalids Will be wise In being
cured before they return home
Those who desire to consult me in regard
70 their cases had better call at the ofce for an
examination, but II impossible to visit the ofaoe
personally, can write FOR list Of questions and
circular, both Of which will be sent free Of
charge. Address
M. HILTON WILLIAMS, N. D.,
1877 8. Broadway, Los Angeles, Cal.
excepted.
Residence-119 10 South Grand avenue.
Los Angeles herald., 1891-01-24

Ed McGinnis having returned from
the northern country, has associated
himself with Mr.. John Griffin, of the
Cabinet saloon, at l26 West Second
street, near Spring. where lie will be
pleased to meet his old friends. A hot
lunch will be served from IL till 2.
Los Angeles herald., 1891-01-24
THE PEOPLES STORE.
Third Week Grand Stock Taking Sale Special Features
Today Great 25c Sale Great Sale Of Ladies' Under
wear Great Sale Of Linen Fabrics Great Sale
Of Hosiery Great Sale Of Mems and Boys
Clothing Great Sale Of Kid Gloves
Great Sale Of Millinery
PLAIN TALK TO PLAIN PEOPLE.
PEopLE,s sroRr, saturday, Jannarx "a

PEoPLE's SToRE Saturday January 189l.x
We sell merchandise;
article
nventorying and ashamed to
dollar will
We
III -
Los Angeles herald., 1891-01-24

|N< "A 50 plaid otoog 900Qo ot 8c.
a 26c double fold eashmere 81 15c.
A 6Oc aIl wool black ladies' cloth Ct
* a SOC, SO inch tricot at 26c.
A 500, S6 inch all wool knickerbocker
at 26c.
$i.25, "a inch plaid and striped all
wool cloths at 75c.
A $3.50, 81 inch French broadcloths
at CSC.
6Oc Black dress satin, yard S5c
SOC Colored vclveteens, yard 25c
81. 90 Silk-faced faille velvets, yard .35c
81 90 Silk pushes, yard. 40c
75c Black silk surahs, yard .49c
s.. 80 Colored eros grain dress silks,
yard .75c
Hat Department.
We are leaders in prices here. It's
getting late for us in felt stock; We cut
very deep rather than carry over any
stock. The prices below tell you what
we'll do today:
SOC Black silk caps for men. 25c
75c Stitched cloth hats for boys 35c
60c Soft felt crushers for boys 25c
90c Rolled brim tourists for men soc
81 25 Grade OF standard shapes
-
for men 49,. .......... Toe
81 rs Fine soft alpine hat. CSC
$2. so Silk finished dress hat. 81 40
50 so Black dress derby hat. 81 9S
Millinery Department..
Never has anything been likened unto
the prices at which we are closing out
what is left Of our millinery stock.
Ladies' felt hats, all shapes, 25c.
Children's large felt hats, 6vc; were
$1.5O.
Trimmed Hat Department..
We have taken our entire stock of
ladies' trimmed hats, and have divided
them into three prices. We have ranged
them at such low prices that they aston
ish everybody who see them. We have
determined to end the season without q
trimmed hat to invoice.
First price, $2.9 Comprising hats
that were made to sell at from "a to SIS
each; materials worth more than the
price we ask.
Second price, 1896 Exquisite de-
signs among them, and we're sold for So
to 81 each.
Third price, $4.95- Comprising the re-
mainder of our stock up to $40.
Cinderella Hats.
We are showing this new spring style,
which is the latest eastern craze, in all
the latest effects, and at prices to suit
your purse.
Frames, 15c each.
A. HAMBURGER & SONS.
Los Angeles herald., 1891-01-24

Last week of the clever Harpist and Dancer,
MIR. .CHAS. DIAMOND, whose artistic and fin
ished execution on the Harp is superb. Our
audiences have been enraptured by his
mastery talent as musician, dancer and singer.
Last appearance of the Famous Contortionists,
PANTHER and RONALZO, who Will introduce
a novel act entitled "Scenes of Fun in Chinese
Laundry" which embodies series of astonish-
ing acrObatic feats, back bending, twisting,
trick tumbling, etc.. the whole replete with
laughable situations
Last week of the Musical Genius, NED
LATELL, in his clever musical melange.
Also the hilarious comedietta, Have Card r
Los Angeles herald., 1891-01-24
NEW
Theatsr : Programme.

First production in
Los Angeles of the mar
velous French miracle
of mythology, entitled
CREMA TlON!
Presented and manip-
ulated by the ingenious
French master of me-
chanics and illusions,
M. Eugene Gaudin. The
exact representation OF
the cremation of a beau
tifu1 maiden, as prac-
ticed by the aucients in
their cruel and fanatical
rites of human sacrifice.
The victim will be slow.
ly consumed by devOur-
ing flames while pros.
trate on the sacriflcial
altar. When totally
consumed the ashes that
remain will rise amid
the dying embers which
reform into the exact
counterpart OF the vic
tim, in the garb of an
angel, and thus appear
ing on wings above the
heads of the audience.
First appearance of
MISS LOUISE MORRI-
SON, the accomplished
vocal sOubrette.
Los Angeles herald., 1891-01-24
Great Hosiery Sale.
%
The prices do the talking, you do the
Great Kid Glove Sale.

After stocktaking we intend to confine
our kid glove stock to the celebrated
Fosters genuine hook gloves, for which
we are agents here, and therefore want
to sell out all button and mousauetaire
gloves now in stock. Hence these prices.
Don't forge our kid glove sale. The
stock is fast disappearing. Lay in your
supply at once, for you'll never get an
other opportunity. Read our prices:
Ladies' 4-button kid gloves, 39c pair /;
worth 81.
Ladies' suede mousquetaire gloves,
75c. Our $l.50 suede mousquetaire
glove today at 75c pair.
Ladies' Paris kid gloves, 98c pair /;
worth $3.50 pair.
Ladies' Perdonnet kid gloves, CSC a
pair; worth $3.50 pair.
Ladies' finest French kid gloves, $l.25 /;
worth $500.
Los Angeles herald., 1891-01-24
DISEASES
OF THE
HEAD, THROAT AND LUNGS,
Successfully treated by
M. HILTON WILLIAMS, M. D.

137 8. Broadway, Los Angeles, CAL.
By his Aerean system OF practice, which con-
sists of indicated Inhalations and Compound
Oxygen, being administered to the patient, In
administered by the stomach. -
This Is the system Of practice which 10 now
attracting the attention Of the best physicians
and truly wonderful are the results obtained
after all other means have failed In accomplish
ing any good whatever.
Los Angeles herald., 1891-01-24

Finest prunes in the State at Jevnes, 1856 and
138 N. Spring street
Los Angeles herald., 1891-01-24
The Secret Of Success. .

r. w. Ellis & Co., druggists, believe that the
secret of success is perseverance,. Therefore
they persist in keeping the finest line of per
chemicals on the market, They especially in
vite all persons who have .palpitation,. sho
breath. weak or hungry spells pain in side or
smof ofhering, dropsy or heart disease to try DR..
Miles unequaled New Heart Cure before it is
too late. 1t has the largest sale of any similar
remedy Fine book of testimonials free. DR..
Miles Restorative Nervine is unsurpassed for
sl+eplessness, headache, fits. ETC., and it con-
tains no opiates
Los Angeles herald., 1891-01-24

HEATH & MILLIGAN Prepared Paint at
Server & Quinn, 146 S. Main street.
Los Angeles herald., 1891-01-24
Great Ladies' Underwear Sale.

Everything that pertains to ladies'
and children's underwear, including
corsets, is on special sale today. We
want TO sell goods. If you have any
thing to purchase, we are selling at ruin
alton prices. You can buy bargains.
We will not enumerate prices. II you
are interested, come in and see our
lines.
Los Angeles herald., 1891-01-24

Private sales all day at eauction prices at
Linde's Jewclry Store.
Los Angeles herald., 1891-01-24

Tents and wagon umbrellas at Foy's saddlery
house, 3l5 NJ Los Angeles street
Los Angeles herald., 1891-01-24
Our Home Brew.

Philadelphia Lager, fresh from the brewery,
on draught In ali the principal saloons, de-
Mvered promptly in bottles or kegs. once
and Brewery, 238 Also street. Telephone 81.