davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15
JUDGE wOODss DECISION.
A Review of Rulings I'm Regard to
the Obstruction OF Highways.

A Review of Rulings in Regard to
the Obstruction Of Highways.
If the case presented were itself Of less
moment, the very great Importance of
some of the questions involved could not be
overlooked. To the study of them I have
devoted more time than could well be
spared from other duties. 1t is due to coun-
sci to say that the labor of the court, pro-
tracted and painstaking as it has been, has
been greatly reived by the contributions of
learning, research and augmentation which
they have brought to the discussion. While
the principles considered are not new, in
the question of the validity of the injunc-
ton, which the defendants charged
with violating. there are involved inquiries
which in some respects go beyond the lines
of established or unquestioned precedent.
A preliminary question in the case was
whether or not upon the filing of their an
swers the defendants were entitled to be
discharged without an inquiry into the
facts. The authorities seem to be agreed
and, accordingly, the court ruled, District
Judge Grosscup participating in the de-
cision. that in a proceeding for contempt
i'm equity sworn answer, however full
and unequivocal it not conclusive. (King
VS.. Vaughan, Douglas, 2l6; Underwood's
Case. Humph. Tenn. As. 49; Rutherford
VS.. Metcalf. Haywood. Tenn, 50, 81, o.;
Magennis VS.. Parkhurst; Green. \. j.: 49,
434: State VS.. Harper's Ferry Il. Co.. l6 w.
Va S64. S73; Crook VS.. People. is Ill. 534. 537;
Buck VS. Buck, 90 H., l05, log; Welch VS.
People. 80 ILL.,. App $685. 400: Yates Case
Kent Ch. J., Johns, 317, 373: McCredie VS.
Senior Paige CHI, 37S 3s1-2 and 332; AL
bany city Blk. VS.. Schemerhorn. Paige Ch
S72. 375; L. S. V. Anonymous. q Fed. Rep,
76l, 765, 1851
The objection raised by the demurrer that
the injunction was illegal and void. was
overruled at the time of presentation, but
with leave for further argument at the
final hearing upon the evidence. A great
body of evidence, consisting of the testi-
mony of witnesses. kilograms and other
documents, had been adduced to show the
guilt OF the accused. The defendants
claiming the constitutional privilege against
self-incrimination. refused to testify at the
instance of the prosecution, and have Of
fered no evidence In their own behalf. ex-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15

preventive relief. Thus. informations i'm
equity have been maintained against a pub
lie nuisance by stopping highway.
Sec. sA. The. ground of this jurisdic-
pressure, as well as of public nuisances
undoubtedly is, their ability to give a
more complete and perfect remedy than is
attafnable at law, in order to prevent ir-
reparable mischief. and also to suppress
the first place, they can interpose, where
the courts of law cannot. to restrain and
prevent such nuisances which are threat
ened, or are In progress, as well as to
abate those already existing. In the next
place, by perpetual injunction, the remedy
is made eompiete m @ through ia all future time.
of equity has jurisdiction to restrain exist
ing or threatened public nuisances by In
in England and at the suit of the State or
the people or municipality. or some proper
officer representing the commonwealth in
l,rs this eo9ntTy " Ws AttsSrneysenerai vs. Eau
Wis, 5s3; Rochester VS. Erickson. IS Sarb
92; Pennsylyania VS.. Wheeling, ETC.. Bridge
Wood, vol. i, page ia. says: while, at
the close of the revolution. the people of
each State in their sovereign capacity
acquired the absolute right to all navigable
waters and the soil under them, yet where
the State has permitted use of navigabie
waters connecting two States that inter-
ment, under the power given IL by the
Constitution to regulate commerce between
the States, may exercise Jurisdiction over
the waters and procure an abatement Of
such. Instructions" columbus Ins Co. VS.
Curtenius, s Mel, u. s, 237.)
COURSE USUALLY PURSUED.
High says in Sec. 1854: when the right
involved is purely Of a public nature and
the grievance which 1T is sought to en-
join is one which affects the public at
large. the proceeding is usually instituted
both in England and in. this country by the
Attorney-general in behalf of the people,
sometimes proceeding in his own name or
that OF the people absolutely. and some-
times upon the relation OF cit zen. And
in actions to enjoin the erectioa or con-
lCeatinesd ~A Fourth PHSel
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15
BELOW THE s1OO,O 900 MARK.
Gold Reserve Further Depleted by the
Withdrawal of $4,SS5.OOO.

WASHINGTON, Dec. 14.-The gold re-
serve to-day took another downward
plunge by the withdrawal of $4,S75,0 leav
ing the net reserve at the close of busi-
ness $96,S4l 1884, or s3,e5S, 116 below the $780,
100000 limit. OF the amount withdrawn $4,
$4,000 was taken from the subtreasury at
New York and $325.O0O from Boston, AS
sistant Secretary Curtis, in speaking of
the situation, thought that the heavy de-
mand for gold during the last week was
to meet dividend and other payments fall
ing due Jan. of each year. During the
first two weeks in each December sterling
exchange always advanced and very often
to the shipping point, is the case at
present. After this week Mr.. Curtis
thought the expectations of gold would
materially decrease If it did not cease al
together. OF course, It was a matter of
regret that our monetary system was such
as to permit these heavy Withdrawals
against our will, and until Congress took
the matter in hand nothing could be done
except to hand out the gold whenever de-
manded.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15
stole the Banks Funds.

NASHUA, N. H., Dec. 1.-THE rumored
defalcation of Frank A. Mexican, cashier
of the Indian Head National Bank here,
was confirmed to-day by the bank officials
yet known. 1t is thought. however, that the
amount will exceed $1,000. Mexican was
twice elected Mayor OF the city, was the
Democratic candidate for Governor In 1878
and was city treasurer for many years lie
succeeded his father cashier at the
Indian Head bank
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15
FATE OF AN ALLEGED THIEF.
Shot by Woman and Suspended
from a FOurth-Story Window.

CHICAGO, Dec. 1.-THE body of Charles
Miller, hanging head downward from a
fourth-story window, at No. 2115 State
street, blood dripping from a wound over
the heart, collected crowd shortly before
noon to-day which blockaded State-street
traffic for half an hour. Miller had been
shot by Maggie Tiller, who claimed that he
had robbed her and that she did the shoot
ing in self defense. In attempting to jump
from the window after he was wounded
Miller's foot caught and he hung until the
police arrived. He died soon after help
reached him.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15
General Notes.

Special to the Indianapolis journal.
WASHINGTON, Dec 14-Dr. George
Hobson was to-day appointed pension ex-
amining surgeon at Evansville.
Philip Thinning has been appointed post
master at Kellersville, Dubois county, vice
J. G.. Leistner, resigned, and G. f. Osfall,
at York, Steuben county, vice Amro
Avery, resigned.
The application of Capt. Henry w. How
gate. the indicted ex-disbursing clerk of the
Signal Service Office, for an appeal from
murrers TO the indictments against him,
was denied to-day by the District Court of
Appeals
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15

JOLIET, Ill.,, Dec. 1i.--Capt. James S.
Miller killed himself by shooting to-day.
at his suburban home. He was chief engi-
neer at Joliet penitentiary TWENTY-FIVE
tration. This makes three officials who have
committed suicide in "A few weeks The 9TH
er two were Gaulls Miller chief bookkeep-
er. and ex-Sherlff Robert Huston
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15
Storekeepers and Gaugers.

Special to the Indianapolis Journal.
WASHINGTON. Dec. 1.-the Secretary
of the Treasury has approved the following
appointments in the Terre Haute revenue
district: Store keepers, l.. E. Besler, of
Sullivan; Samuel W. Malone. of Eugene;
Eliza A Puett. of Rockville; Thomas j.
Allen. of Wallace; Stanfield III. Keener. of
Crawfordsville; James A. Watson, of Terre
Haute: George Steumple. of Terre Haute.
Gaugers-Luther b. Brown, of Washington;
Jacob II. Boiler of New Goshen, and 5. ID.
Shields of Terre Haute.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15

LEWISTON, ILL.,, Dec. H.-Lewiston's his
toric courthouse burned to-day A defective
fiue WAS the cause. Lincoln delivered his
famous speech in IL in 1888 Ii was built i'm
1883. Most of the records were saved. Court
MAS IN session at the time
The record-union., 1894-11-16
GRANT UNDER FIRE.
He Always Manifested Unflinchiug
Goodness.

NJ. Harrison Strong, who was General
Grants headquarters Clerk during the
last two years OF the war, says in the st.
Louis Globe Democrat:
mo man could face danger with more
courage than General Grant. He did not
seem to know the feeling of fear. L have
seen him under fire many times. and he
always manifested the same unflinching
GOODNESS. He would take great risks in
order 10 get the best view of the army
when engaged. L have seen his aids
gather around him as though trying to
shield their leader from the tire. They
would often urge him to go back to
place of more safety. he would not have
ABOUT his headquarters a man who was
unable to listen TO the storm of battle
without getting nervous.
AT SpottSylvauia Courthouse | saw
the General exhibit his characteristic
nerve. We were breaking camp under
hre OF rebel battery. All the office fur
nlture nad been moved except one camp
stool, aud General Grant was sitting on
this smoking. Captain Hudson, one of
the aids, and myself were the only per-
sons near the General. y bonn bshell had
just exploited over our heads and one of
the fragments had buried itself i'll the
ground near the tent. | was digging out
The piece OF shell when the shrek of an
other missile caused NE to look up. Ii
Generals head more than ten inches.
The shell struck the ground about thirty
feet away and rolled a short distance.
Speaking TO his aid the General said
Hudson, get that shell and let's see what
kind OF ammunition the enemy are
using Captain Hudson got the shell,
siXpound spherical case, and brought 1t
to General Grant. lie smoked his cigar
as calmly as though there had not been
an enemy in a hundred miles of head
quarters.
In the Wilderness l saw a distin-
guished officer loose his head and dash
up to General Grant i'll the widest eX-
element. The storm of battle was then
terrific. y portion of the army was Civ
ing way i'll confusion. Brave men bore
on their faces the expression of horror as
the explosion of musketry and cannon
shook that Virginia forest, and the pros
pect OF disaster threatened the army.
The self-reliant soldier stood unmoved
IN the presence Of his agitated associates.
de met with perfect composure the eX-
cited officer who had lost his balance i'll
the light, and treasured the doubling as
they sought his counsel"
The record-union., 1894-11-16
A POSSIBLE AWAKENING.

China is rapidly having the conceit
taken out of her. The self-sufficient ma
ton which has so long looked over it's
shoulder at all others with iIl-concealed
contempt, has humbly apologized to the
British Government for outrages COM
United upon British property, and has
saluted the Cross of st. George. She has
been whipped by race Of her own order,
solely because the latter has given over
exclusiveness and joined the procession
of civilization.
She has confessed her defeat in battle,
agreed to abandon Corean claims, offered
a money indemnity to Japan, and
consented that the issue with that
nation shall be left to the decision of
the United States Government. She has
surrendered her best fertilization to
the enemy without striking blow, and
has been driven out of Corea in disgrace,
and with great loss of life and property.
What must be the effect OF all these in
CluoulS LuS IeSulG VIII De
the awakening of China, the throwing off
of her eXclusiveness, the abandonment
of patriarchism for progressive action;
the acceptance of modern means for mod
ern purposes, and the recognition of the
people of civilization as better than in
ferior beings.
And this awakening will make China
dangerous power. With twenty-five
years of improvement such as Japan has
made by adoption of modern business
and governmental methods, her teeming
millions Will become a menace to the
peace of the world in case of any irrita-
ton. With the possible capacity to de-
velop strength in excess of that of any
other power, China may cause the Chris
tian nations to regret that Japan has
awakened her.
The record-union., 1894-11-16
What Not To DO at Home.

Those who in their home life are we'll
supplied with the following negative vir-
tues mentioned by GOOD R0uSekeepinG,
are far on the road toward a happy
home:
Don't fret. Fretting irritates and an
noys listeners without bringing comfort
or cheer to the fretter. Don't fret
Don't talebear. Talebearing is not apt
to bear good fruit, the product too often
being unhealthy, specky and rotten.
Don't talebear.
Don't grumble. Whatever else You
do. don't grumble, unless you have
something really worth grumbling about,
and even then don't spin your grum blings
out intarminably. Don't grumbIe.
Don't talk unduly. There is time to
talk and q time not to talk, as decidedly
as there is time to laugh" and tim e
10 cry" Don't talk unless you have some
thing to say worth talking about. Don't
talk unduly.
Don't pout. Pouting should always
be done in the backyard, never before
folks" Don't pout.
The record-union., 1894-11-16
A Few "Don'ts."

Do not use poor stationery, and do not
economic space in letters by crossing
your writing.
Do not ask even an intimate friend TO
do some shopping for you, unless she
should offer to do SO.
Do not be continually asking people to
come and see you. Perhaps they had
rather not.
Do not delay when you are ready to
leave after call or visit. Do not linger
at the door in saying good-by.
When in doubt as to the propriety of
an act little out of the ordinary, do not
do it; be conventional.
Do not allude to your poverty. One
should be as reticent in regard to it as to
their riches.
Do not force into your conversation the
names of noted personages you may have
CHANGED to meet.
The record-union., 1894-11-16
FOGS AND SUNSHINE.
Their Sudden Alteration, and Its Effect
upon the Human Body-A Bit of
Easy latin

Inelr sudden Alteration. and Its Effact
upon the Human Body-A Bit of
Easy Latin.
DIVIDE the familiar word malaria by cutting
loose the first syllable and you have NAL
pad' ana aria, air. Anybody with the least
slnatterlng of Latin can guess what the word
means. Wherever men live and work in COM
munltles the air is full of dangers. from the
ground come poisonous exhalations. attack
ing the system so gradually that one is more
than half sick before he realizes that any
thing ails him.
IN the late autumn, when chills and fogs
alternate with treacherous sunshine, the
Notwithstanding principles in the air are
especially active, and their effect is seen in
the morning headaches, feelings of lassltude
ana stl1tness IN the back and shoulders.
"a little cold" you say.
That's ALL and it will never live TO be n big
one If you drive il out with a pure. gentle
stlmulant a public sentiment that is prac-
Iically unanimous recommends Duffy's Pure
MATT WHISKY for this purpose. This standard
arIlcie dlHuses among the organs OF the body
an influence which cqualiZeS circulation, and
so prevents those c0ngestons that develop
l1to pneumonia, pleurlsy and other serious
diseases,
A stimulant to do this must be prepared
win Inc greatest care, by trained experts who
nave lts medicinal character constantly in
view Pain, everyday whisky is worse Than
useless as medicine, but Duiiy's Pure Malt
mas proven It's worth in tending off the debil-
ny SO common as winter is coming on
nose VINO use it say that its bene6ciol
enccls are not only Immediate but lasting
The record-union., 1894-11-16
A rHREArENED ASSAULT.

1t is understood that at the approach
ing session of the Legislature a we'll
planned and long-considered scheme will
be put on foot to secure the passage of a
law establishing uniform license rate
for saloons.
In four legislative sessions since 1873
similar effort has been made, but it has
always proved futile. Friends of the
uniform license system declare that this
time success is probable; that enough
The record-union., 1894-11-16

MRS. WINSLOW'S SOOTHING SYRUP
mas been used over fifty years by millions of
perfect success. 1t soothes the child softens
The gums, allays pain, cures wind collie regu-
lates the bowels, and is the best remedy Tor
ularrhea, Whether arising from teething or
other causes. For sale by druggists IN every
part OF the world. Be sure and ask for Mrs.
W1nsiow's Soothing Syrup. Twenty-Five cents
q bottle. = = 49,
The record-union., 1894-11-16
Special AGENCIES.

This paper is for sale at the following places:
L. p Fishers, room 2l, Merchants Exchange.
california street; the principal News Stands
and Hotels, and at she Market-street Ferry,
San Francisco.
Los ANGELEs.-Eclectic Book Store corner
Second and Main streets.
SAN DIEGo.-Emmal & Co., $50 Fifth street.
CoRoNADo.-Hopkins d Cox. Coronado
Rotel.
Santa Observation-Disclosures News Depot.
fREsNo.-C. t. Cearley, I'LL ] street.
SANTA CRUZ.-Cooper Bros. News Depot.
As- Also, for sale on all Trains leaving and
coming into Sacramento
Eastern Business Offices,
zs Tribune Building, New York,
6oe "The Rookery," Chicago.
&c. Beckwith. sole agent foreign Advertising.
The record-union., 1894-11-16
NEW TODAY.

IN THE SUPERIOR COURT OF SACRA-
i mento County, State of California.
} In the matter OF Antoine Lieveira and John
Quintal, insolvent debtors-Order of adiudi-
cation in insolvency.
Antoine Lieveira and John QuintaI, CO.
partners, dong business under the name and
style OF Quintal q IeYeira, having filed in
this court their petition, schedule ana inven-
tory in insolvency, from which il appears that
they are insolvent debtors, the said Antoine
LieVeira and John Quintal and the said co
partnership OF Quintal IL LIeveira are hereby
declared to be inSolvent. The Sheriff of the
county Of Sacramento is hereby directed to
take possession OF all the estate, real and per-
Sonal OF the said Antoine Lieveira and John
Quintal and of the cOpartnership insOlveDt
debtors, except such as may be by law ex-
empt from execution, and of all their, each of
their deeds, vouchers books OF account and
papers, ana to keep the same safely until the
appointment OF an assignee of their estate
and OF the estate of said copartnership All
persons are forbidden to pay any debts TO the
said lnsolyentS or either of them or TO de-
liver any property belonging to such in
so vents or either of them, to them or
to e ther of them, or to any person, firm cor
poration or association for their use or the
use of said copartnership, and the said debt
ors are hereby forbidden to transfer or deliver
any property until the further order Of this
court. eXcepi as herein ordered
1t is further ordered that all the creditors of
said debtors be and appear before the Hon 4
+. Catlin, Judge of the superior Court of the
County OF Sacramento, in open court aft tho
courtroom of Department Two of said CONT
in the said County OF Sacramento, on the 2 Isl
day of December, 1894, at 80 minutes past /
O'Clock p. NJ. of that day, to prove their dents
and choose one or more asSiguees of the
estate of said debtors.
1t is further ordered that the order be nub-
1shed IN the RECoRD-UNIoN, newspaper OF
general circulation, published in the said
County of Sacramento, as often as said paper
is published, before the day set for the meet
ing of creditors.
And it is further ordered that, In the mean
time, all proceedings against the sail in
solvents be stayed.
Dated November 10, 1894
A. L. CATIlN
Judge of the Superior Court.
CLARKEN q Ross, Attorneys for Insolvents
The record-union., 1894-11-16
Notice Of Sale by Commissioner Under
Foreclosure.

NOTICE IS HEREBY GIVEN BY THE
IN undersigned Commissioner appointed bv
the Superior Court of the County of Sacr,I-
mento, State of California, in the action
wherein KATE CAMPBELL is plalntiff and
JAMES l.. Low and OSCAR G. Low are de-
PENDANTS, that pursuant to the decree made
and entered in said action in said court ON
the 10th day of october, 1894, the under
signed will on SATURDAY, the Sth day of
December, 1894, at 10 o'clock A NJ. in front
OF the county courthouse of the County of
Sacramento, at the corner of Seventh ana /
streets, II the City of Sacramento, sell at pub
lie auction TO the highest bidder for cash. gold
coin, and subject to redemption the real prom
erty in said decree described. or so nnu,ih
thereof as may be necessary in order to make
the payments directed to be made by said de-
cree The property so to be sold is the real
property in the County of Sacramento. State
of California, described as the west 40 acres
OF the south halt Of the southeast quarter Of
section %, township s north range : east
Mount Diabio Base and Meridian togetbe,,
with the improvements thereof
Dated: sacramento, CAL, Nov Is 1894
Z. HARTMAN
Commissioner OF the Superior Court of the
County OF sacramento, State of California
in said action. nj e dt to-
The record-union., 1894-11-16
G. w. WATSON,
Smiths Hall, Seventh Street, K and l.

GENTS CLASS. THURSDAY EVENING,
" $50; Ladies' and Gents Glass, Monday
evening, 1870 75c per couple; Juvenile Glass,
2 p. NJ. Saturday.
Private lessons at all hours
All information ut Noale's Music Store, Sew
enth and j, or Professor Berliner's, 1928
street.
First-class Music furnished for all occasions
by Neale 4 WatsOn's Orchestra.
The record-union., 1894-11-16
Weather Foracasr

For Northern California-Generally fair;
cooler In the interior, with frost Saturday
morning; winds generally northerly.
The record-union., 1894-11-16
SPECIAL NOTICES.

Vehices-BAKER & HAMILTON-Hard
Carts, Buggies, Carriages, Phaetons, Balm Farm
and Heaoer Wagons. Wholesale Hardware
Send for Catalogue.
The record-union., 1894-11-16

hecord- Union-TeIephone No. 40.
Tor Editorial Rooms, ring one bell.
For Business Office. ring three bells.
The record-union., 1894-11-16

GREGORY. Photographers New Gallery,
over Barton's, $40 ST, opens Nov. LIST. New
scenery and pictures that beat the world
The record-union., 1894-11-16

Hg- These publications are sent either by
Mall or Express to agents or single SUBJ
Ecribers with charges prepaid, All Postmast.
ers are agents.
The best advertising mediums on the Pacific
Coast. 100000
The record-union., 1894-11-16
CIOAkS

Elegance, coupled with economy, pervade
the stock. Be your choice low-priced or high
priced, the value is the best twas ever our prvi
lege to offer before for even money.
Baltic Seal Fur Capes, "a inches long, handsomely lned
has deep rolling collar. Price. sl2 50.
Canadian Seal Capes " inches long, full circular effect
lined with double twilled satin. Price, SIC So
French Wool Seal Capes with deep marten collar and
maren fur edged, 80 inches long, oo.inCh full
sweep at bottom Price, s25
Fine Wool Seal Capes with deep marten collar 9oinch
sweep at bottom Price, $40
full line of Cloth Capes in Military Golf and Glengarry
styles ranging in price from S. to $40.
The record-union., 1894-11-16

Entered at the Postoffice at Sacramento an
second-class matter.
The record-union., 1894-11-16
DANCING ACADEMY.

= X IN Elk F-I%AL L..
NHILDREN'S CLASS. SATU 90
~ p. M; Ladies' and Gents Monday 20
iveniEg. Socials every Tuesday even "a
eng. All the latest Stage and Fancy I1a4Ea
Dances taught. Private lessons at all hours
and music furnished on all occasions. Hall
10 rent. FISCH. JONES & O'MALLEY.
The record-union., 1894-11-16

DIR. WELDON, Dentist, has opened an Office
at SOC street
The record-union., 1894-11-16

MISS AULD'S CONCERT.-THE CON-
vi cert to be given by Miss Gertrude CarIey-
Aud will take place at the Congregational
Church MONDAY EVENING, November
18th. Tickets 70 cents, can be obtained at
Cooper's Music Store. No extra 10 reserve.
n15-d2t&W1t