davidaulloa/AmericanStories huggingface dataset:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-04-24

MoRTGAGE-H NJ. City. Section 1872 Of
the Civil Code has been amended TO read as
follows: The husband has the manage
ment and control of the community prop
erty, with the like absolute power of dispO-
sition, other than teStamentary, as he has
of his separate estate; provided, however,
that be cannot make gift of such COM
munity property, or convey the same with
wife in writing consents thereto" That is
''the new law" and it says nothing about
mortgage. Section 1912 reads: The home
stead OF a married person cannot be con-
veyed or incumbered unless the instrument
by which il is conveyed or inCumbered is
executed and acknowledged by both hus-
band and wife"
The record-union., 1892-01-05
IMPORTANT DECISIONS.
Two Suits Finally Settled by the High
est Judicial Tribunal.

Two Suits Finally Settled by the High
est Judicial Tribunal.
WASHINGTON, Jan. 4. - The United
States Supreme Court to-day affirmed the
decision of the lower court in suit
brought by the Pacific Express Company
against James NJ. Seibert and John NJ
Wood, Auditor and Attorney General re-
spectively of Missouri. By this suit the
express company sought to restrain and
onjoin the collection of the tax of s. on
each SlG0 of receipts levied by the Act of
the State Legislature against exDress
companies doing business within the
State The company's bill attacked the
constltutonality Of the Act as an inter
ference with interstate commerce. de-
Clared it violated the Fourteenth Amend
llent, giving equal protection to all. and
also as contrary TO the provision Of the
Missouri State Constitution, requiring all
laws shall be uniform. The court in an
opinion by Justice Lamar, SAYS the CON
tantiOn that the tax is levied upon inter-
state commerce is unSound, and adds.
he tax does not relate to interstate bust
ness, but is entirely and expressly linn
lied to receipts for business done entirely
within the State. and it was not the inten-
ton of the Legislature TO interfere with
CT tax interstate commerce in any way
whatever. Tho other points raised, it also
holds, are not well taken, for the reason
that the tax applies equally to all COM
Ianies doing express business.
The United States Supreme Coart rem
Cered decision to-day in favor of the
Northern Pacific Railroad Company in a
mandamus suit brought against it by the
State of Washington, eX rel Hiram Dus-
TN, Prosecuting Attorney of Yakima
County, to compel the railway to main
tain station and stop its trains at Yak
ina City. Justice Gray rendered the
opinion OF the court. Justices Brewer.
Held and Harlan dissented.
The record-union., 1892-01-05
BOYD-THAYER CONTEST.
Z he Case Not Yet Decided by the United
StateS Sunrerne Cn11,.t

he Case Not Yet Decided by the United
States Supreme Court
" AsHINGTON, Jan. 4. - The Boyd-
Thayer case, involving the question of
citizenship of Boyd, and as a consequence
his eligibility to the office of Governor
OF Nebraska, TO which he was elected.
was not decided by the United States
supreme Court to-day An inquiry into
the matter developed the fact that only
eight Justices sat in the hearing of the
case, Justice Bradley being absent on ac-
count OF illness The premature an
llouncement that the court had decided
the case IN favor of Boyd by a vote of six
20 three cannot be correct. therefore. SO
lar as respects the majority by which the
Ceclslon is alleged to have been given.
5he Justices, of course, would say moth
ing Whatever as TO the case in advance of
the announcement from the bench Of the
decision.
A curious coincidence in connection
with the publication in advance of what
the decision of the court would be and
tAe respective number of Justices in
1ayOr Of Boyd and in favor of Thayer
was developed in the court to-day. The
case OF the Northern Pacific against
hiram Dustin, Prosecuting Attorney of
&klma County, Wash. was decided to-
cay by vote which the publication re-
1effeo TO alleged TO be the decision of the
justices in the Boyd-Thayer case. In
this case the court reversed the decision
Of the State then TerritoriaD Court as
would be the result if Boyd wins his Sllit
In the Boyd announcement two of the
members of the minority are said to be
republicans and one Democrat. In the
akima case to-day two Justices We're
Republicans, namely, Brewer and Harlan.
and one Democrat, namely, Justice Field
" neither or not some cbanpa Irftnvo
with respect to this case was overheard
and mistaken for an expression with re-
gard TO the Nebraska Governorship con
test perhaps will never be known. as the
justices consider ii a violation of official
prophecies to speak on such matter, and
anyone giving out the news, which is
supposed to he invfolabIy secret nnfii
officially proclaimed from the bench,
aturally would not wish to be known as
the author,
The record-union., 1892-01-05
BANQUETING KNIGHTS.
Sacramento Lodge, K, Of p Gives a
Memorable installation.
Deserving Knights Rewarded by Hand
some Gifts-Numerous Speeches
and Witty Toasts.

Sacramento Lodge, No. II, Knights of
Pythias, had big time last night
The lodge first gathered at Pythian
Castle and the following newly elected
officers were installed by District Deputy
Grand Chancellor C. Wilke: p. c., j. NJ.
Simeon; G. c., J. Y. Klotz; V. c., L..
Pizer; Prelate, c. S. Pepper; X. of R.
and S., William Hale; NJ. of F., j. Do
mingos; NJ. of E., NJ. Hirsch; NJ. at A.,
II. Wendt; l. G.. J. Magee, and o. G., E.
w. Cappin.
During the installation Past Chancellor
]. NJ. Simeon was presented with a gold
badge, indicating the Office he held.
Chancellor Klotz was also presented with
a handsome gavel. David Falconer made
the presentation speech in each case
After the installation ceremonies the
lodge adjourned in body to the Restau-
rant de France, where an elegant banquet
awaited the Knights
When the black coffee was reached Abe
Wilson called the Knights to order. and
stated that inasmuch as the hour was late
the lengthy programme would have to be
hurried. For the benefit of those present
who were not knights, Mr.. Wilson
stated that the Knights Of Pythias, like
the American Government, were divided
into three parts. The Knights are di-
vided into the Supreme Lodge, the Grand
Lodge and the Subordinate Lodge: the
Government into the nation, State and
county.
The event of the evening was the pre-
sentation of an elegant gold badge from
the lodge to Master of EXchequer Marks
Hirsch, one Of the most active members
nf n0- mn t,.- l.
the presentation speech and acquitted
himself with credit. History tells US
rather, modern history"-he said, that
Grant and Lincoln were the greatest
Presidents the United States ever had.
And the same history shows us that it
was some years after their death before
their qualities We're thoroughly appre-
ciated by the people. But it is different
with the Knights of Pythias. They have
learned to appreciate their greatest men
while they live Mr.. Wilson then pro-
ceeded, in most happy vein, to speak of
the many virtues of Mr.. Hirsch, and in
conclusion handed him the handsome
present.
Mr.. Hirsch was taken completely by
surprise. He sincerely thanked the
Knights for their generous gift, but did
not think he deserved it. He did not be-
lieve he had done more than his duty
since a Knight. He promised to wear the
emblem just presented TO him during the
balance of his days, and guard it as he
would his life.
The following toasts were proposed and
responded to as follows:
THE Grand LODGE f. IT. Garrett;
The District Lodge" c. Wilke: music.
orchestra; recitation, - O'Neill; "Sacra-
mento Lodge" D. Falconer; ''Our Chan
cellor Commander" j. Y. KIotz: ssOur
Nice-Chancellor," l.. Pier; music, or
chestra; Columbia Lodge" J. J. Laracy:
Confidence LODGE Dr. c. s. Fowler:
Capital Lodge" j. II. Liggett; '"The
Ladies'" George Boyne; "The Endow-
ment Rank g. w. Lorenz; 1.-THE Am
pl1hed Team" NJ. l.. Jenkins; s'The Uni
form Rank" Major Schumacher; ''Our
Absent Brothers" f. G. Elworthy; music,
Home, Sweet Home''
The record-union., 1892-01-05
REPUBLIC OF MEXICO.
Sad State of Affairs Reported From
DURANGO.

City OF MEXICO, Jan. 4-The latest
news from Durango is very sad 1t is
thought the Government is trying to
conceal the facts, and giving out con-
trary accounts. 1t is now well known
that the stories heretofore received were
not exaggerated, and many people are
suffering from starvation. 1t is said that
ii the Government continues deaf to the
cry of the sufferers rising of the people
may be expected. To use the words of a
man of influence among the common
people: Il prefer to die lighting than
from hunger"
In the State of Chiapas there is DO
litical trouble. The new Governor.
Robassa, is trying to Settle people against
the late Governor, Carrasacosa. but the
latter, who knows the people well. has
created a decided hostility against
Robassa, and the State is about to rise
for revolution, not against Diaz. but
his appointee, Robassa.
In Puebla revolution was ONLY avoided
by the General Government backing
down after arresting priests in the mon
asterles in Puebla. which is the most
Catholic and religious State in the reuub-
lie. 1t is stated that it was the intention
OF the Government to arrest all priests.
and If the people rose to shoot them
down. But bishop Morally very pru-
IDENTIFY preached by himself, and through
out his subordinateS avoided what seemed
to be trap set for him. A prominent
Government official says the affair was
sad mistake. The Government was not
to blame, and the State authorities did not
know how to carry out the orders given.
Inns mas given rise to the opinion that
The record-union., 1892-01-05
MURDEROUS ASSAULT.
Attempt to XIII An Old Man in His
Cabin.
The Would-Be Murderer Beaten on
He is Believed to be One of the
Many Brush-Camp Thieves.

Last evening, between and O'Clock, a
diabolical attempt was made upon the
life Of an old man of 81 years, named
Joseph Farmer, who is employed on the
ranch of James Holland, near the Ameri-
can River bridge
In the afternoon Farmer piIoted Dep
uty Sheritf's Alter and Newbert to the
robbers camp in the brush, which he
had previously located with great diff
Guilty and at the risk of his life. He, too,
had been a sufferer by the thieving
marauders who inhabit the brush, and
bewails the loss of many family keep
sakes stolen from his cabin during his
absence.
After the officers had made the arrests
referred TO elsewhere, Farmer came down
town to make some purchases, and ar
rived home rather late. He had eaten a
cold supper and had just sat down to read
paper, when the door of his cabin was
suddenly burst in by a man, who struck
Farmer q terrible blow on the head with
some heavy weapon, telling him to the
floor.
The light went out at the same time.
and he was unable to see his antagonist,
who bounced upon and continued to beat
him.
The old man, who is, however, very
wiry for one of his age, grappled with his
assailant and they had it rourh-and-
tumble in the dark. He knew the mans
intention was TO murder him, and he de-
termined to sell his life as dearly as pos
sible.
In the scuffle he got his assailant's fin
gers in his mouth and held him while he
got out his pocket-knife. AS he lay tied
up in bandages at the Receiving Hospital
at midnight, he thus related to a RECORD
UNION reporter what followed:
Il held him there while | got out nv
knife and opened it, which was no easy
thing to do, as we were rolling about in
the scutfie. But l drove the blade twice
into his breast, / am sure, and tried to
rip him up with the third blow, but the
blade caught in his clothing and became
closed.
Il knew where I had small ak in a
corner OF the room, and l worked him
over that way until l got hold of it and
struck, but the head came off, and then ]
belabored him with the handle.
FINALLY the fellow said, You lettee me
go, lettee you gon and I did so, but
gave him few more good blows before
he got out the door.
Il know l bit off one finger, and think
/ got two of them, and / am sure he has
two good cuts from my knife.''
Farmer managed to make his wav to
Mr.. Hollands house, and that gentle
man hitched up team and brought him
to the Receiving Hospital. Here he was
visited by City Physician Nichols, who
dressed his wounds.
The old man is badly used up. He has
frightful wound on the head. is cut and
bruised in several places, and three of his
fingers are badly bitten.
He says if it had not been for the Off
GERS yesterday afternoon he believes he
would have killed the tramps caught in
the camp in the brush, whom he regards
as his plunderers.
Although his assailant talked like a
Chinaman, Farmer says he believes it
was white man-one of the camp
thieves, who tried to kill him out of re-
venge for plotting the officers to the rob-
bers' lair.
The record-union., 1892-01-05
Special to the REconn-uNroN.

WASHINGTON, Jan. 4.-The Post to-
morrow will say: The statement pub
Ilshed some time ago to the effect that
leading Democrats are DESTROYS of bring
ing the present session to a speedy adj
Journment will receive confederation in
an amendment to the rules which will be
offered by Representative McCreary of
kentucky. Governor McCreary believes
that all appropriation bills ought to be
reported to the House within the first
eighty days of the long and the first forty
Gays of the short session, so they can re-
ceiye speedy consideration, and thus in
sure an early adjournment. His amend
lnent is made applicable to all sessions of
Congress.
An effort viii probably be made during
the present session to admit Oklahoma
to Statehood. An official of the Govern
lnent, who recently made an inspection
there, comes back to Washington with an
enthusiastic account Of the growth and
advancement of oklahoma.
1t Is learned from an authoritative
source that an effort VIII be made to re-
peal the disability pension law, and adopt
IN It's place per diem service pension
bill.
Representative Blanchard says the river
and harbor bill will be ready to be pre-
scented by March
The record-union., 1892-01-05
Special to the REcoRp-unror.


STOCKTON, Jan. 4.-Judge Joseph NJ.
CaVls died this morning at his home here.
after an illness of two weeks. He was
one ofStockton's representative men, and
held positions in public life which made
nm appointment. He came to California
IN 1898, and located in Columbia. Tu-
olumne County. He was a Dartmouth
College graduate, and licensed lawyer.
out Went to mining in 1855. He resumed
the practice of law in Columbia, and in
1861 was elected to the State Senate from
Tuolumne and Mono Counties, and in
the following year he was reelected. His
contest against Leander c. Quint for the
seat, when Quint was running in a bogus
White Mountain precinct from Mono
County, and was finally unseated, was
part of the exciting political history of
the early days in 1868.
Judge Cavis was elected Judge of the
Fifth Judicial District, which comprised
Iuoiumne, San Joaquin, Mono and AL
pine Counties. His term expired in 1869,
ana he came to Stockton in 1879. He was
the Republican nominee for Iieutenant-
Governor when Timothy Guy Phelps
was defeated by William Irwin. In 1876
Judge Cavls was appointed Postmaster
at stockton, and held the office twelve
years. He subsequently opened his law
ofhce. lie was prominent Mason, and
Tor SIX years had been Commander of the
Stockton Commandery, knights Tenn
plar: lie was 60 years of age, and leaves
a Wife and one son. His funeral will
take place on Wednesday.
DEATH OF A RED BLUFF MERCHANT.
RED BLUFF, Jan. Nv. Fl. Bahnev.
an old and highly esteemed citizen and
merchant of Red Bluff, Gied Sunday
afternoon Of rheumatism of the heart
and stomach
The record-union., 1892-01-05
RAvAGEs OF PNEUMONIA.

fourteen Deaths From the Disease
Sunday at san Francisco.
SAN FRANCISCO, Jan. 4.-Pneumonia
Is still raging as terribly fatal epidemic
In this city. If anything it has increased
rather than diminished in its virulence.
The figures compiled at the Health Office
tell only too surely of the prevalence of
the scourge.
To-day up to noon there had been re-
ported twenty deaths, and Of these twelve
We're caused by pneumonia.
There were tifty-five deaths reported in
TINS city yesterday Sunday, the largest
number ever recorded in one day. Some
eight years ago there were fifty-four
deaths reported in one day, and that rec
ord was the prize winner until the figures
Ior Yesterday were received. The deaths
on Sunday from pneumonia were fonr-
teen in number
The record-union., 1892-01-05
Caused a Sensation.

BERLIN, Jan. A sensation was
caused by the publication in socialist
papers of confidential circular sent by
the Government to the directors Of the
different State railways. Labor agitators
make political capital out Of the circular,
which they aver plainly shows that the
Government is ininical TO the interests
Of the laboriHg classes. The circular de-
clares in effect that the present financial
position is such as to render necessary
the adoption of policy of retrenchment,
and the directors Of State railways are
informed that they must reduce the wages
of employees and dismiss all whose
services can possibly be dispensed with.
The record-union., 1892-01-05
THE NEW YORK MIDDLE.
Senator Edwards Holds the Key
note to the Situation.
WITHOUT HIS VOTE ORGANIZATION
CANNOT BE EFFECTED.
Robert Louis Stevenson DfscIaims the
Recently Published Interview Con-
corning Affairs in Samoa-A Chi
cago Mil Dealer Murdered and
His House Set on Ffre-The Graves
Murder Case.
Special TO the REcoRp-UNroN.

Special 10 the RECoRD-UNIoN
New YORK, Jan. 4.-Senator James T.
Edwards, who defeated Perry Vedder in
Chautauqua district, is to-day the biggest
link in the political middle which en-
cages the attention of political leaders iii
the State. He is bigger than the Legisla-
ture itself, for without him the Senate
cannot organize with a legal quorum.
The Democrats have sixteen Senators,
put 1t takes seventeen to make quorum.
Senator Edwards designates himself an
independent Republican, but has been
quoted as saying that he would sit with
the Democrats to organize the Senate to-
morrow. The fifteen out and out Repub-
lean Senators are said to favor plan of
absentlng themselves tomorrow to pre-
vent quorum. They held meeting
here to-day in conjunction with Platt
and other leaders to determine what to
do. United States Senator Hiscock was
also present. Edwards had been invited
to meet with them, and his failure to re-
spond is regarded as ominous. Afte~
lengthy discussion all the Republicans
seemed agreed on one point, and that is.
that unless Edwards refuses to aid the
Democrats IN organizing the Senate it
would be useless for the other Republi-
can Senators to remain away.
Some philosophical Republicans pro-
TESS to be indifferent as to Edwards atti-
tude. AS to his standing on the contest
between Walker DEM and Sherwood
Rep in the Twenty seventh district.
Edwards is said to have stated that he
would not vote for Walker; that no man
should be admitted to the Senate who
had $40 votes less than his opponent,
and that the electors Of the district should
have another election.
Most of the Senators left tonight for
Albany.
ALBANY N. ", Jan. 4.-The Demo-
cratic Assemblymen tonight caucused.
naming Robert p. Bush ol Chemung
Governor Hills county, for Speaker.
The Republicans named General J. w.
Hustled, which constitutes him the leader
OF the Republican minority.
The Democratic Senate caucus named
Senator Cantor for President pro tenn.
Late tonight an Associated Press re-
porter met Senator Edwards, and the
latter said he would certainly attend the
Senate meeting tomorrow.
The record-union., 1892-01-05
SAN BERNARD1No NOTES.
Decision Against a Street Railway
Attempted Suicide.

Decision Against a Street Railway
Attempted Suicide.
SAN BERNARDINo, Jan. 4.-The Su-
perior Court to-day rendered a decision
against the City Street Railway Com
pany, holding that the city has lien
against the company to paveits track and
two feet on each side thereof, and that the
company has no right to abandon the
franchise pending proceedings to pave
the streets.
NJ. Cleghorn, a wealthy resident of
Highland, near this city, attempted to
commit suicide this morning by shooting
himselfin the head with revolver. His
life is despaired of. The cause was
temporary insanity.
The second trial of George c. Jessrang
for arson comes up tomorrow in the SUI
perior Court. Jessrang was a prominent
citizen, member and officer of several
lodges, also Secretary of the Democratic
County Central Committee. The former
jury stood eight for conviction and four
for acquittal. Much difficulty is antici-
pated IN obtaining a jury.
The record-union., 1892-01-05
INDEPENDENT FORESTBRS
The First Court of the New Order In.
stituted in Sacramento.

The First Court of the New Order In
stftuted in Sacramento.
Court Suffer of the Independent Order
of Foresters was instituted last night at
Pythian Hall, with forty charter mem
bers, by G. A. McElfresh, High Chief
Ranger of California.
The new court starts off with every
promise of becoming large one. The /.
Q. f. is becoming very strong in this
State. 1t now has seventy-six subordi-
nate courts, high court and numerous
encampments of Royal Foresters. The
members in the order carry 81 900, 50, 000
or $1,000 endowments, sick and funeral
benefits and free medical attendance.
The following staff of officers were
elected and installed: James a. Robin.
G. r.: Frank Wing, G. D. ii. c. r.; n. J.
SAVERS, V. c. r.; d. j. Davis. P. G. r.;
f. l.. Thirkield, r. S.; William H. Brad
ley, F. g.; c. b. Mealand, Treasurer; &.
j. Crisman, S. W.; A. Robin, J. W.: C.
III. Mealand, S. B.: C. w. Frasier, j. B.:
Physician, G. Meland, NJ. D.; Trustees
j. l.. Spears and D. j Davis; Finance
Committee. b. ellis, W. e. Norris, B.
True.
The new court will meet next Monday
night, when the charter will close, and
the work OF installation be completed.
The record-union., 1892-01-05
DENvER's MURDER CASE,
DR.. Graves Denies That He Made .
Confession.

DR.. Graves Denies That He Made q
Confession.
DENVER, Jan. 4.-ColoneI Ballou. the
lawyer from Providence, r. l., connected
with the Graves Barnaby case, is miss
ing. He took the train for Chicago when
the verdict against Graves was rendered
and probably arrived there this morning.
When seen by an Associated Press re-
porter this afternoon, DIR. Graves en-
phatically reiterated his denial of having
Sheriff Wilson came in and woke him up
at half-past o'clock in the morning, and
said he had just come from District At
torney Stevens; that Stevens advised
Graves to make a confession implicating
Ballou, saying It would help him out.
Graves says he refused TO make any state
ment.
Wilson still maintains that the doctor
confessed, but Deputy Means refuses to
talk on the subject. 1t is asserted that
detective in the employ of John Conrad,
the late Mrs. Barnaby's son-in-law, is
following Ballou on his Eastern trip. No
warrant for Ballou'S arrest has been
issued, but the Grand Jury is now in SEES
sion, and it is asserted that they are ex-
aiming the Deputy Sheriff regarding
the alleged confession. Mrs. Ballou is
here and quite i'll.
Dr. Graves wife has been ont of her
head most of the time since the verdict
was rendered, and to-day was continu
ally raving about the doctor being
hanged. Ills mother bears the trouble
with more fortitude
1t has been charged by the defense that
the jury was unduly influenced during
the trial by having access to the daily
papers, but the jurors strenuously DENY
this.
When the Grand Jury adjourned at
late hour this evening it was learned that
nothing had be done in regard to indict-
ing BallOu.
DIR. Graves caused surprise tonight by
stating that Ballou had come to him on
Saturday night last and told him he was
going to leave town because he was afraid
of being arrested if he stayed any longer.
When the doctor gave this information he
suddenly became reticent, and nothing
further could be learned from him.
A CONFIDENT WITNESS.
ST. LOUIS, Jan. A special dispatch
from Denver says: John Conrad, witness
for the State in the Graves Barnaby case.
speaking of Colonel Ballou's flight, to-
day said: Although Ballou fled, it is as
easy to bring him back as it was for him
to disappear. / will follow him TO the
utmost parts of the world.'
NOTHING SEEN OF HIM.
CHICAGO, Jan. 4.-Nothing has been
seen here of Colonel Ballou. the LAWYER
connected with the Graves Barnaby case.
who disappeared from Denver and went
to Chicago.