davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03

ing Club has entered two crews, one for
the senior and one for the junior barge
races. The Dolphins, Ariels and Pioneers
will also be entened in these races, while
Stockton will endeavor to retrieve her loss
of the boatrace recently rowed in San
Francisco by sending frst-class crews to
the mark tomorrow.
bob" Macarthur of the Olympic Club
will captain the. senior South End crew,
which will be made up of Henry Bode,
bow; Macarthur, forward waist; Gus Car
son, after waist; Frank Duplissea, stroke !;
George McGree, coxswain. A. J. Fritz,
one of the leading members of the South
End crew and one of the projectors of the
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
Fell. From, a. Tree

SANTA CRUZ, CAL, July IA very
painful accident occurred at SCOTS Valley,
near this city, to the t2-year-old son Of Abe
Hendricks to-day. The lad had climbed a
tree to secure a birds nest. A limb broke
and he. fell to the ground a distance of
above the thigh bone. The Lad was alone,
and in order to reach the county road, he
crossed the broken leg over the other and
crept backward about 100 yards, when he
secured assistance from passers by. -. +.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
DOCTOR SWEANY
The Old Reliable Specialist.

Friend and benefactor of the sick ana suner,
ing, whose offices so long established anu
fayorablv known, at 1877 Market street. san
Francisco, where the sick and afflicted can IN
the future, as they have in the past, receive
treatment from the ablest and most successful
specialist OF the age. * h;s
The doctor does not allow the names OF ms
patients or their diseases to be published; put
he cures them. He observes the strictest con-
fdence and secrecy III all his professional deal
ings. He has thousands of private gen aolnS
testimonials on file in his Office, volunteered
from Judges, LAWYERS doctors and the best men
Of the world See them - Gsnqtns nav sne
higb 't1riiii,+a to Dr Sweany skill that would
make max the heart OF a Sick and despondens per-
son leap with joy and renewed hope. mere
fore reader, if you are aware OF any trouble or
weakness seek him at.once.. If YOU have met
with failure or become d don E aelay
inc: some OF his very grateful and voluntary
testimonials and see what he has accomplished
in cases just like yours, for he has testimonies
covering nearly every form OF disease mat man
or woman is afflicted with. ts.:.is 80
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03

dren, who are expected to march in the
procession. At the barbecue on Burton
Mound ten great beeves will be roasted and
tons OF bread provided, furnishing meat
and bread free to all present. Literary
exercises interspersed with music in the
forenoon. concert by the City band, ath-
letic games and boatrace in the afternoon
and concert and brilliant display of fire.
works in the evening constitute an attrac-
tive and varied programme.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
GRASS VALLEYS CELEBRATIONS.
Il Monster Parade HiH Be a Feature OF
the DGV.

the Day.
GRASS VALLEY, CAL, July 2.-For
weeks Grass Valley has been preparing for
a celebration on the Fourth of July such
as would be commensurate with the patri-
otism OF the citizens, the prosperous growth
of the community and the carnival spirit
which, this year Of all others, has actuated
every city and village OF the Golden State to
welcome guests within its precincts, to
feast and make merry. The people of Col
fax, Auburn, Reno, Bloomfield and sur
rounding towns are to participate in the
pleasures OF the day. The hardy pioneers
of Nevada County will all be here, and
with them will come the comely daughters
passed bellies of Marysville in beauty
show" never equaled in the State.
The programme of the days events is
extensive and varied The anniversary OF
the Nations birth will be ushered in with
forty-four guns at sunrise, one for each
State. At noon another salute will be
fired; at shutdown third. At 10 o'clock
the parade will form, and on this process
sion center the hopes of Grass Valley that
in at least one feature the celebration Of
1895 will eclipse anything of the kind in
this part OF the State held in former years.
1t will be monster pageant, in which the
military, civic societies, bands, iremen
and prominent citizens will appear in
force. Not one band nor one company of
soldier boys will participate, but several
organizations of musicians and all the
militiamen who are the pride of Nevada
City, Auburn and Grass Valley, with the
veteran G. A. r. men from this and sur
rounding towns. The procession will
stretch out a mile and a half in length.
Pretty features of the parade will be the
Native Daughters float, representing Cali
fornia. and the car of Liberty, in which
Miss Maggie Harrigan, who was chosen
goddess after an exciting contest, will ride.
Miss Emma Palamou2tain will represent
the North, Miss Lily Luke the South, Miss
Josie Colvln the East, and Miss Rosa Col
vim the West. Bicycle clubs, led by Cap
tain Ingraham, will also turn out in force.
The literary exercises will be unusually
interesting, the best local talent having
volunteered its services. George l.. Jones
will deliver the Grafton. In the afternoon
athletic sports will take place, with twenty
events on the programme, and the days
pleasures will conclude at night with an
open-air band concert, pyrotechnic dis.
play and grand ball.
The officers of the day for Grass Valleys
celebration are: President of the day, E.
II. Brown; grand marshal, George Main
hart; orator, George L. Jones; poetess,
Miss Lillian McAuliffe; reader of the
Declaration of Independence, E. E. Black;
chaplain, Rev. j. P. Macaulay; chairman
committee of arrangements G. E. Clinch !;
secretary, H. G. Parsons.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03

used to be at North Beach in San Fran
cisco.
The street parade will be over by 10
o'clock, and at that hour the regatta on
Stockton channel commences.
The boating contests will be among the
chief features of the days celebration.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03

come behind with a 40 camping outfit,
and then G. H. Priestley will drive one of
the old-time stage coaches. Last will be
The. Old Curiosityshop' with q local
flavor, as there is an old secondhand store
that is as celebrated here as was the old
place, with its. eobwebs and: monkeys, that
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
Los Gafos Monrns.

LOS GATOS, CAL, July 1.-THE funeral
of James K. Chittenden, an old pioneer,
took place this afternoon. a large cortege
following the remains to the cemetery.
Mr.. Chittenden was native of New York
and IS years Of age. He had been in Cali
fornia forty-four years.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03

The course here is without doubt the best
in the State. The waters in the channel
are usually as smooth as glass and there is
an opportunity given for racers to make
records. The leading crews about San
Francisco have all entered, with the ex-
ception OF the junior crew from st. Mary's
College. The champion South End Row.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
SAN BERNARDINo ASSESSMENTS.
Total Vafue of Property In the County
UptCard Of Fourteen Millions.

Uptcard Of Fourteen Millions.
SAN BERNARDINO, CAL, July 2.-The
assessment of this county, completed to-
day, shows the value of real estate other
than city and town lots, to be 81, 172, 120.
The value of Improvements thereon is
81 $40, 800; mortgages. So, 941 ,095. The value
Of personal property is 81, Ass, 447; amount
of money and solvent credits, 500, no. To-
tai value of all property after deductions,
$14, 209, 502. The assessment is made by
school district method. and is less than
last year, leaving out all young trees and
unproductive orchards, assessing the same
as wild land, necessitating higher tax
rate, unless expenses are diminished.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
San Bernardtno,s Delegates.

SAN BERNARDINO. CAL, July 2.-The
Board of Supervisors has appointed HoIl-
brook and Ruggles to meet Governor Budd
at the Supervisors convention on July Is
in San Francisco.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
1,ro Nasontc Funera,s at Sefma.

SELMA, CAL, July 1.-Two Masonic
funerals occurred here to-day. J. L. Vance,
a wealthy farmer of advanced years, and
Judge Cullom, a pioneer and an able iurist,
were inferred with Masonic honors, large
number of the brotherhood being in at
tendance
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
Arrest of: a Saloon.Keeper.

SANTA CRUZ, CAL, July ..2.-Domingo
Tulli, saloon-keeper, was arrested to- day
for selling liquor without license His
trial will take place before Justice Crag4ili,
and he was released on furnishing 500
bail. =: !.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
Santa Bnrbara,s Fete,

SANTA BARBARA. CAL. July ALI
preparations are now complete for grand
Fourth of July celebration. Handsome
badges are provided for 1000 school chill
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03

Judges at fnish--J. sheehan L. S. Jr. q;
Robert Inglis, L. A. W; Ed Hood, S. A. A.
Field judges-Frank Haynes, South End
Rowing Club; George Baker, U. c.; John E.
Budd, s. A. A.
Timer-John Elliott, 0. A. c.; j. McElroy,
o. a. c.; Charles Haas. S. A. A.
Starier-R. Macarthur. o. A.C.
Clerk OF course-f. E. Manchester, s. A. A.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
BECAUSE

=. Thewonder1ul cures he hasn1ade have created
confidence and :: delight in::the hearts of
those tho have Struggled in. vain against the
ravages of Nervous Debility and other diseases,
until this successful doctor whose picture ap-
pears aboye) cured them. =: - T.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16

unaccompanied by any power of attorney
from the heirs of Rivas comforting au-
thority upon Cara to convey their title
to the land. Under certain circum-
stances, after long lapse of time, u
power of attorney will be presumed in
order to support a deed, which purports
to have been executed byvirtue of such
power. In many courts it is held that
proof of possession under the deed is nee
essary in order to establish such presump-
ton. The rule, that a deed or a power
may bepresumed after long lapse of
time, is not an arbitrary one. 1t does
not rest upon any consideration of public
policy. 1t has its just formation in the
principle that long and continued acts
of ownership, acquired in knowingly by
those who hold an apparently adverse
title, lead to the conclusion that tho
persons so acting have acquired the title.
Possession is not an indispensable requi-
site to the presumption in this State, be-
cause much of our lands are not occupied.
al Tex, 441)
In the present case there is no evidence
whatsoever as to any claim to the land
by the grantee in the deed i'm question
for more than "a years. 1t does not APP
pear that either the heirs of Rivas or
those claiming under them know of the
assertion of any title by Cazenan or any
one claiming under him. There was there
fore no acquiscence: and the presump-
ton that a power OF attorney existed in
Cara cannot be INDUCED.
The case presented is thatOf deed
which purports to have been executed
by virtue of u power of attorney, and
which, if true. is 80 years old; but under
which no claim appears to have been
asserted for quarter of century. The
presumption would seem to be, not that
the power did in fact exist, but rather
that it did not exist, or that for some
reason not disclosed, no title passed by
the deed.
~ We are also of the opinion that the
rulings of the trial court in excluding
the evidence of the lost deed is correct
on another ground. The testimony dis
closes that the names of the heirs for
whom Cara purports to act, did not ap-
pear therein. To hold the contrary would
be to build one presumption on another
which is never allowed.
81 This bringsto us the question of the
correctness of the courts ruling in eX-
Guiding the deed from Cara to Cazenan,
dated August 10, 1850. The objection to
this deed was in substance, that the con-
veyance of the land was prohibited by the
act of the legislature of February 8, 1850.
This IS virtually admltUed by all parueS,
but it is insisted that the act is in con-
hict with that stipulation in the treaty
of Guadalupe Hidalgo, which guaranteed
to Mexicans their property rights in the
coded territory.
There is nothing in the record to show
that CARA was Mexican. But, con-
GLIDING that he was, we think that the
contention is not well taken, because the
act in question makes no discrimination
against the rights of Mexicans, but it ap-
plies to all land owners in the district
We conclude that the act in question
is valid: and that the judgment should be
affirmed. Opinion by Gaines, g. J.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
City Chemist, St. Louis:

son, he being neither privy to the contract
nor to the consideration" The contract
must be made for his benefit as its object,
and he must be the party intended to be
benefited. (6S N. Y, 800; SO Kan, 249;
% Fla, 1867
(2) Can the plaintiff maintain an ac-
ton, as for tort, for the failure to COM
ply with tile contract?
We are of the opinion that he cannot.
If defendant merely committed a breach
of the contract he is liable only to those
with whom he contracted, but if he had
committed a breach of any duty that he
tected by setting up a contract in respect
to the same matter with another. This
rule is we'll established. Cooley on
Torts, page 10, and authorities there
cited.) The plaintiff is not a party to
nor in privity the contract; it was not
made expressly for his benefit; the de-
PENDANT has violated no duty that it
owed him, and it is clear that the plain
tiff has no right of action ex delicto for
the breach of the contract with the city.
81 Did the defendant, by it's contract
with the city of Houston, undertake the
performance of a public duty, for the
failure to comply with which it would be-
come liable to the plaintiff in damages
We are of the opinion that it did not.
There is no part of the contract which
will justify the conclusion that the water
company or the city contemplated that
the former should assume any dut to the
citizens. '"The most that can be said
is that the defendant was under obliga-
tons to the city to supply the hydrants
with water. The city owed public duty
to the plaintiff to extinguish the fire. The
hydrants were not supplied with water,
and so the city was unable to perform
its duty. We think it clear that there
were no contractual relations between
plaintiff and defendant, an consequently
no duty which can be the basis of a legal
claim.
There is no error in the judgment of the
courts below and it is affirmed. Opinion
by Brown, j.
Western Union Telegraph company VS..
James II. Jeanes; suit to recover damages
for the alleged negligent delay of the
telegraph company in delivering a mes
sage; from Montague county, Second
district.
The message was written by the brother
of the plaintiff in Tennessee and was
directed to the plaintiff at Belcher, Texas.
1t informed the latter that his father was
very low and that he would probably not
live long. The message was transmitted
promptly but its delivery was delayed
On account of this delay plaintiff failed to
reach Tennessee promptly in time to at
tend his fathers funeral although he
started promptly on receipt of the mes
sage. The evidence tended to show that
the funeral would have been delayed
until the arrival Of the plaintiff if he had
answered the message.
The trial court instructed the jury
that plaintiff could not recover unless
he exercised reasonable diligence to
reach his father before the burial The
following instruction was read: eff you
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16

the end of the session, or upon his with
drawal from the University. In case
there are such charges the balance Will
be returned, and in case the deposit is
exhausted before the end of the session
the student will be required to renew it.
obtained in the city of Austin, and near
the University, at prices varying from
$13 to $50 per month in private families
In Breckenridge Hall the cost of living
including everything, has been reduced
to about $13 per month. In assigning
rooms, preference will be given to the
academic students; first to seniors, next
to juniors. next to sophomores, and lastly
to freshmen. Any rooms that may be
left vacant after the accommodation of
the academic students will be thrown
open to the law students.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16

lions, weakness of the stomach, indiges.
ton, bloating, leucorrh9a, womb trou-
BILE, flooding, nervous prostration, head
ache, general debility, etc. symptoms OF
Womb Troubles
are dizziness, faintness, extreme lassi-
tude, "don't care" and "want to bo
left alone" feelings, excitability, irrita-
bility, nervousness, sleeplessness, fiatu-
lency, melancholy, or the "blues," and
backache. Lydia K. Pinkham's Vcge-
table Compound will correct all this
trouble as sure as the sun shines. That
Bearing-DOwn Feeling,
causing pain, weight, and backache, is
instantly relieved and permanently cured
by its use. Under all circumstances IL
acts in perfect harmony with the laws
that govern the female system, is a.
harmless as water. 1t Is wonderful for
Kidney Complaints in either sex.
Lydia Il. Pinkham's Liver Pills
work in unison with the Compound, and
are a sure cure for constipation and sick
headache. Mrs. Pinkham's Sanatiye
Wash is frequently found of great Value
for local application. Correspondence
is freely solicited by the Lydia L. Pink
ham Medicine Co., Lynn, Mass, and the
strictest confidence assured. All drug
gists sell the Pinkham remedies. The
Vegetable Compound in three forms, --
Liquid, Pills, and Lozenges.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16

lature in the manner prescribed by the con-
stltution, it becomes unnecessary to con-
Slder the important question whether it
does not contrayene the policy of the rail-
8, 1893.
Now, therefore, I, c. A. Culberson.
governor of Texas, by virtue of the au-
thority vested in me by the constitution
of this State, do hereby disapprove said
bill for the reasons stated in the opinion
of the attorney general.
In testimony whereof, I have hereto
signed my name and caused the seal
of the State to be affixed, this, the Sth
day of May, A. D., 1895.
@. A. CULBERSON.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16

terday they were in high feather, boil
ing over with bright anticipations.
Now, however, all is changed. While
is free to the great Hous,,
ton encampment, nothing else is, and
should the inmates of the Home, about
125 strong, go down they will have to
foot their board and lodging bills in per-
son, as General Hardeman holds he can
not use State money for any such pur-
pose. This stand of the generals, which
by the way, may appear to be the proper
one, has created CONSERVATION among
the old soldiers, and those of them who
can kick at all are doing it after the most
approved methods of high kickers. Gen
eral Hardeman has told them he will
permit any or all of them to go if they
wish to foot their own bills, but very few,
if any of them, are able to do this.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
OPINIONS.

The supreme court yesterday delivered
the following opinions:
Henry House VS.. the Houston Waite
works company. suit by House agains
the water company to recover damages for
failure to furnish water, from Harris
county, First district.
The charter of the city of Houston pro
vides that "the city council shall hav
power and authority II to provid
means for protection and extinguishment
of confagrations, and for the regulation
and maintainance of a fire department.
In 1878 the city entered into contrac
with the water company by which tn
latter bound itself to furnish the city with
water for the purpose of extinguishin
fires.
Plaintiff brought this suit alleging tina
he and his wife were at and before the
date of the fire citizens of the city o
Houston; that they owned lumber var,
in said city; that fire was communi'
Gated to said lumber yard, and that sal
property was thereby destroyed because
Of the failure of the water company t
furnish supply of water, as it ha
agreed with the city to do.
A general exception was sustained b
ruling was sustained by the court of civil
appeals.
a. Can the plaintiff recover agains
the defendant upon the contract mad
with the city of Houston?
We are of the opinion that he cannot
AS a general rule no person can sue
a contract unless he is a party to it, or
in privity to it. The courts of the va
rious States of this Union almost unani
mously hold that a citizen of a muni
cipal corporation cannot recover from
water company for failure to perforI
a contract, such as the one in suit made
with such municipal corporation. &c
New, A; 3 Lea, 40; 46 Conn, "a; So
Ga, 219; "a Ia, SO; Sc N. M, 2O1; 2
Pac. Rep, $780,
1t is true that plaintiff might have re
ceived benefit from the performance Cd
the contract by the defendant, but 1T
is not every promise made from one to
another from the performance of whic
a benefit will inure to a third, which will
give a right of action to such third per
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
WOMAN RESCUE SOCIETY.

The Woman Rescue society will meet
today at p. m., in the parlOr Of the
First Baptist church.
Every member is urged to be present as
the future of this society depends upon
the action taken at this meeting and
business Of grave importance will come be-
fore you. Please meet promptly.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
THE LADDER TRUCKS.

It will not be a great while before the
new hook and ladder truck for the ''old
reliable" will be here. Harry Cohen,
the driver, and one of the best
in the hook and ladder service
in the State, is anxious to get on
the seat of the new apparatus, and well
he may be after his tussle with ''Old dis
NAL"
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
A DIVORCE FIEND.

Laporte, Ind, May 9.-Abraham Rimes
was today granted a divorce from his
tenth wife. The evidence disclosed the
fact that Rimes' last wife was his first
bride, and that he had married eight
other aspirants for his affection before he
was again welded to his first wife, from
whom he was legally separated shortly
after marriage
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
LAST NIGHTS EXCURSION.

There were upwards of 800 people on
the Ben Hur excursion last night, and
they all enjoyed themselves hugely. The
excursion was in a manner under the aus
pieces of the Order of Chosen Friends, but
the public in general were participants,
and like all previous excursions the affair
was most pronounced success.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
MRS. STEVENSON ARRIVES.

San Francisco, May 9.-Among the pas
sengers ON the Mariposa from Samoa were
spend some time at her old home in Oak
land and will in future make her resi-
dence between that city and Apia, Samoa.
In an interview Mrs. Stevenson stated
that her husband had left her in good
circumstances. His unpublished letters
and writings represent a small fortune in
themselves
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-16
THE COMMISSIONERS COURT.

The county commissioners court con
Guided their work of approving bills yes
terday. Today they will, so they claim,
go down to view the road work near Manor
but those who know claim that this is
but a blind to get down to the Knights
of Pythias picnic at Manor today. Be
that as it may, however, the commits
sioners are going and County Clerk
Hornsby is going with them.