davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1896-01-17
PHILBROOK SCORES ONE.
He May Plead Cases in Which
He Is Personally In
tereSted.
HIS WRIT OF MANDATE
Judge Sanderson Ordered to Allow
Him to Appear in the Latz-.
Greenhood Case.
HIS WRIT OF MANDATE

The Supreme Court has granted to
Horace W. Philbrook writ of mandate
compelling the Superior Court of San
Francisco to allow him to appear and
plead the case of Samuel w. Latz against
Louise A. GREENWOOD.
While the case was in process of litiga-
ton Latz assigned his interest to Philbrook,
who thereupon attempted to conduct what
was his own case, under the original title
Latz vs.. Greenhood. This Judge Sander
son refused to allow on the ground that
Philbrook, having been disbarred by the
Supreme Court, could not evade the iudg-
ment of disbarment in such a manner.
Had Philbrook himself been hurt, or
had money owing to him or had an orig
inal interest in the proceedings, then he
could appear, but the court did not think
he had right to purchase claims in pro-
cess of litigation and then present an
action in that form.
In commenting upon the decision of
Judge Sanderson and in granting the writ
prayed for, the Supreme Court says:
Under the facts thus presented the court mis-
took the scope of the judgment of suspension.
The judgment did not, and did not attempt to-
limit the petitioner in the exercise of any
rights formerly enjoyed by him, saving those
pertaining 10 the office of attorney-at-law.
One acts as an attorney-at-law only when he
represents another, not when he appears for
himself. Petitioner having the undoubted
right lawfully to acquire any form of property,
has equally the right to its perfect enjoyment,
and as necessary incident TO that right the full
power accorded to all, of appearing in person
to prosecute or defend all actions Tor its pro-
lection or preservation. And this power is
not the court held, limited to the prosecu-
ton or defense in person of property rights
owned at the time of the commencement of
any action affecting them. His right to ac-
quire chose in action and to protect in per-
son his property in it when acquired is not cut
off by the fact that it may, at the time Of ac-
quirement be already the subject of litigation.
1t was admitted by Judge Sanderson that
the transfer of interest was valid tran
saction and made in good faith. The de-
fendant could not object to the transfer of
interests as long as judgment against
one would protect him against any future
plaintiff. With the court the only question
was whether the transfer was simulated
or genuine, and if it were genuine the dis
barment had no application.
In pursuance of this view of the case the
Supreme Court issued the writ which will
enable Philbrook to appear before Judge
Sanderson. 1t is a great victory for him.
for under the terms of the decision he has
but to acquire an interest in a client S
cause, and no court can prevent him from
appearing in that case by alleging his dis
barment by the Supreme Court.
The decision was written by Justice
Henshaw, and Justices Beatty, Van Fleet,
Harrison, Temple and Garoutte concur.
The San Francisco call., 1896-01-17
Parker,s Deposition Not Admitted

Acting United States Circuit Judge Morrow
refused in chambers yesterday to allow the
deposition of Superintendent D. F. Parker of
the Standard Soap Company, which Special
Trustee John Chetwood Jr. OF the California
National Bank was eager to have introduced in
his injunction case against Agent T. K. State
ler. The question of jurisdiction has not yet
been determined.
The San Francisco call., 1896-01-17
The Lux AnneaI

The Lux case came before the Supreme Court
yesterday for argument on the question of
family allowance to Mrs. Miranda Lux. AS
Mr.. Delmas, who will be one of the principals
in the argument, was detained by a case in
the Superior Court, the Lux matter went over
until Wednesday next.
Following the allowance appeal will come
the appeal from the order of partial dis
tribution.
The San Francisco call., 1896-01-17

Ladies who wear oxford Ties should take notice
that we are selling Cloth-Top OxfOrds with Don
COLA Kid Namu with either pointed or medium
square toes, with patent-leather tips, for 81 80.
These Oxfords, being hand-turned are very easy
on the feet and require no breaking in They ara
filters and well and retail regularly for
$500.
The San Francisco call., 1896-01-17
Rabbi LEWIS Lectures.

Rev. NJ. S. Levy will speak this evening on
his personal "reminiscences of Berlin. Ger
many, at the Geary-street temple. Tomorrow
morning he will speak, by special request. on
the aims and objects of the Ladies' Endeavor
of Congregation Beth Israel" to which the
public and members of the various eongrega-
tions are invited.
The San Francisco call., 1896-01-17
Stahhed e. Policeman.

John Westhouser, beer-bottler, was yester.
day held to answer before the Superior Court
in $4,000 bonds by Judge Joachimsen on the
charge of assault to murder. About three
weeks ago Policeman John p. Carson found
Westhouser lying drunk on the sidewalk on
Morton street. While the officer was taking
him to the patrol box Westhouser slashed Car.
son on the neck with knife, narrowly missing
his jugular.
The San Francisco call., 1896-01-17

NOTICE IS HEREBY GIVEN THAT SEALED
~ proposals VIII be received by the undersigned
up to u O'Clock NJ OF the 7th day OF February,
1896, for the parchase of thirty-two (32) Kings
County Courthouse Bonds, numbered consecutively
from one % TO thirtytwo 1927, both inclusive, OF
the denomil alton of one thousand $4,000 dollars
each, and payable on the first day OF January,
1906, or at any time before that date, at the
pleasure Of said county, in gold of the United
states, with interest thereon the rate of 4)
per cent per annum payable semi-annualIy, on the
first day of January and the first day of July OF
each year Bonds and interest payable at the Office
OF the County Treasurer Of said Kings County,
Said bonds having been issued in conformity with
Orders and Resolutions OF the Board of Super
vlsors OF Kings County dated December g, 1895,
and January q. 1896, and under authority con-
ferred upon said board by the provisions of and in
accordance with an act of the Legislature of the
State OF California, entitled San Act to Establish
Uniform System of County and Township Govern.
ment" approved March "a, 1898
None of said bonds Will be sold for less than face
value and accrued interest. shall any sale
thereof be final or valid until approved by said
board or supervisors, and the right is hereby e1-
pressly reserved to reject any and all proposals.
Marx envelope, Proposals for the purchase Of
Courthouse Bonds"
BY order of the Board of Supervisors of said
Kings County. W. H. SLAVIN,
County Treasurer.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21


this scheme to make 1t successful.
The leaders OF the republican party
are all right They know the people
elected a republican President and
Congress as much because they wanted
tariff legislation which will fully pro-
tect every American industry as be-
cause they wished to maintain sound
and stable currency. The two things
go together, and, whatever may be
done at the coming short session of
Congress-, as certain as the Fifty-fifth
Congress meets there will be tariff
bill prepared in accordance with the
wishes of our people, and while it is
not certain that the bill will become a
law, owing to doubt as to Senators yet
to be elected and to the position of
some republican Senators, it is alto,
gether probable that it will. If not
it will not be the fault of republicans.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
Armenian Relief.

The Committee appointed at the
meeting in the Congregational church
Thursday evening" in behalf Of relief
for the distress in Armenia, met in the
council room, at the City Hall, last eve
ming, and decided to request the pastors
of all the churches in the city and
county to present the cause to their
congregations and take up collections
on Sunday next, November 22d.
They also requested that any person
desiring to contribute to this most
worthy cause shall hand the amount
in at the First or Citizens National
Bank or to any member of the fol-
lowing committee Howard Stanley,
Samuel Plumer, G. H. Taylor, DIR. JAS.
Mcclure, c. P. Cochran, B. f. Strecker,
j. w. Dysle, M. M. Rose, E. NJ Mon
fort, T. b. Bosworth, VIM. Kerns,
Jewett Palmer, Thomas Cisler, Jr, Dr.
FL. N. Curtis, Joseph S. Goebel.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
The eouaIi Law.

The following letter addressed to Hon.
l.. II. Reutinger by the Attorney Gen.
eral of Ohio giving an opinion on the
Quail Law of Ohio will no doubt be read
with interest by our local sportsmen
Columbus, Ohio, Nov. l3.
Hon. L. H. Reutinger, Athens, o.:
Dear Sir-This department is in receipt
of communication from you under date
of New. IL, 1896, asking for a construction
of section 1904 as amended April l, 1895,
asking, first, when it is illegal to expose
for sale game described in that section.
Especially wishing to know whether it
would be a-violation of the statute for
anyone to sell quail at any time, or
whether the spirit of the law is such
that it would toleratethe selling of these
birds during the open season for quail.
Section 1864 prohibits merchants or
tvenders from selliug, purchasing, expos
ing for sale or having in their possession
any quail except between the 10th OF
November and the 18th of December, in
elusive. That exception standing alone
would clearly imply that such merchant
or vender could sell such game between
the 10th day of November and the 18th
day of December. But section as
amended April l, 1895, enacts that no
person shall at any time kill any quail
for the purpose of conveying the same
beyond the limits of this state. or for
the purpose of sale in the markets of
this state, of any such birds killed with
in this state; and any person violating
the provisions of this section shall be
liable to fine as provided in section
696S.
Section 6S04 of the general statutes
provides: "Whoever aids, abets or pro-
cures another to commit any offense,
may be prosecuted and punished as if
he was the offender" The supreme
court has held frequently that all who
aid or participate in the commission of
misdemeanor, are principles. Perhaps
this principle of law is as old as criminal
law itself, and would have been true
without the special statute upon the
subject.
1t is my opinion, therefore, that mas
much as the statutes have made the kill
ing of quail at any time for the purpose
of sale in the markets of this state a mis-
demeanor, that purchaser of quail from
such criminal is party to- the unlawful
sale, aids, abets and procures another
to commit such offense; that the person
killing and the person buying would be
held equally liable under the statutes.
But do not understand that merchant
or vender is prohibited from selling
quail between November 10th and De-
cember 18th if the same has been law
fully killed and shipped into this state
from any other state. And the eXcep-
ton only applies to game killed in the
state of Ohio for the purpose of sale in
the markets of this state.
Respectfully submitted,
F. S. MoNNE1T, Attorney General.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
CONDENSED NEWS
Gathered Frors, All Parts OF the World BY
Telegraph.

Gathered From All Parts OF tho World BY
Telegraph.
The personal estate of the late Geo.
DuMaurier the celebrated artist and
author, is ascertained to be e47, $50.
Advices received from Manila say
that the rising in the Philippine
islands is extending to all of the prov
inccs OF the islands.
The controller of tho currency on
being notified of the failure of the
First national bank of Sioux City, Ia,
has directed Examiner Handing to
take charge OF the institution.
The vote of Florida for president is
officially announced as follows: Bryan
and Sewall, 3o,16O; Mckinley and Ho-
bart, 11,3S9; Palmer and Buckner, L.
IT'S; Bryan and Watson, 2,05S: Lever
ing and johnson, $685. ff,,
Edward j. Ivory alias BELL, the all
legged Irish-American dynamiter, was
brought before the Bow Street police
magistrate Friday morning and was
formally committed for trial in the
criminal court, Old Bailey. eor
The British steamer Memphis, which
was wrecked on Thursday night in
Dunlough bay on the south coast of
Ireland, has entirely disappeared.
The coast is strewn with wreckage
which is being stolen and carried away
by the wholesale.
The Oceanic Steamship company's
steamer Alameda, which arrived at
San Francisco, brought 100000 sover-
eigns, or about So, 160.0o for the An
glo-Californian and London, Paris and
American banks. The sovereigns will
be coined into American double eagles.
The death was announced in London
Friday of Sir Edmund Hornby in
Rapallo, Italy. Sir Edmund was an
acknowledged authority on interna.
tional law and the principle of arbi-
tration. He was married three times,
his third wife being Miss Roberts, of
New York.
The trolley cars of the Buffalo street
railway were run Thursday by the Nj
agara power. 1t is being used in this
experimental manner SO that if in the
early stages some accident occurs be-
fore the transmission the entire serv-
ice will not be crippled. The expert
ment thus far has been perfect sue
cess.
At Fall River, Mass, Mrs. Ann Oat-
ley, 81 years of age, killed Mary Ann
Brennan, four years old, Thursday
morning by Draining her with an ak.
Mrs Oatley is insane. The child's pa.
rents are employed in the Border City
mills and Mrs. Oatley had charge of
the child while her parents were at
work.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
A Valuable Prescription.

Editor Morrison, of Worthington,
Ind, "Sun," writes: "You have valu-
able prescription in Electric Bitters,
and | can cheerfully recommend it for
Constipation and Sick Headache, and
as general system tonic it has no
equal" Mrs. Annie Stehle, 1926 Cot
tage Grove Ave, Chicago, was all run
down, could not eat nor digest food,
had backache which never left her
and felt tired and weary, but six bot
ties of Electric Bitters restored her
health and renewed her strength
Price so cents and 81. 90. Get a Bottle
at w. III. Styer's Drug Store. %
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
AN ANGRY MOB
Surrounds the. House of Detective Bevins
They Will Wreak Vengeance Upon His

Surrounds the House of Detective Bevins
They Will Wreak Vengeance Upon His
Return.
CEREDo, W. Va, Nov. 90 Detectives
Clark and Bevins have not been ar
rested for the murder of the Mounts.
The latest news received from Thacl1er
and Delorme Friday morning was to
the effect that the house of Detective
Bevins was surrounded the entire
night by an angry mob of the Mounts,
who hope to kill the officer if he shall
return there.
Officer Clark, who was shot, is said
to be in critical condition The
Mounts are members of the notorious
Wolford and Phillips faction.
The excitement is great 1t is feared
that many lives will be lost before the
feud is ended.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
FOR A PURPOSE.
England Making Military Prep
arations in Canada.
A Great Magazine of Arms Against
the American Republic.
Canadian Papers Say These War Prepara-
tions Are Only Intended for n Possible
War With France and Russia-This
Is Considered Only "a Blind.

New York, Nov. 20.--A Sun special
from Montreal says:
The military preparations going on
here in Canada are of character to
prove that England is not making
ready merely for the defense of Cana
da against possible attack by the fleets
or armies of any European power or
com bination of powers. They ARE of
such nature that it is every day more
evident that England is creating in
Canada great place of arms against
the American republic.
So little attention is given by the
American press to Canada and the in
wardness Of the policy pursued by the
party that has been in power for over
thirty years that it may come as sur
prise to them to learn that it is seri-
ously believed here that not only
can Canada hold her own against
the United States with the help
of England, but that it is
only question of time as to when u
large part of the New England states
and portion of the state of New
York will be asked for admission into
ING OdQdQldn COulSueTd llOu.
Reinforcements for the regiments in
garrison at Halifax and Bermuda are on
their way out from England, which will
raise them to their full war strength.
In connection with the warlike prepar-
ations England is making in Canada,
it is noteworthy that some of
the papers that have been most
insulting in their language toward the
United States now deprecate the idea
being entertained that they can posi-
bly, be directed against them. They
are only intended for a possible war
with Russia and France. What the
preparations going on for arming YES
sells on the upper lakes has to do with
Russia or France, requires an imper-
ialist mind to discern.
According to a cablegram received
here the Pacific cable conference now
sitting in London will no longer issue
reports of it's proceedings. The reason
given for this is the jealousy which the
movement excites in other countries,
notably, SO says the cablegram,
in France and the United
States. The Canadian commits
sioners, it seems, assured the
conference that the idea that has been
entertained that the new Canadian
government was lulSewarm toward the
scheme is an entire mistake; that on
the contrary they have definite in
structions to cooperate in the hearth
est manner. because of the high i'm
perial ends to be served by the cable. y
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
The Shortage of Postmaster Arm our

ST. LOUIS, Nov. 2O.-A special from
Memphis, Tenn, says that the bonds
men of R. B. Armour, postmaster OF
that city, have been called upon to
make good shortage amounting to
S12, 300. Several months ago the post
master was found to be short to the
extent of $4,000. The shortage has
been made good, SO that Armour has
not been earrested. AS partial reim-
bursement for his sureties Armour
made over to them property in which
he had an equity interest of about 81,
O0O
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
Gard of Thanks.

desire to express my thanks to my
many friends, who were so kind to me
during the sickness and death of my
husband, and especially to the en-
ployes of the Marietta Transfer Com
pany, Mrs. VIM. Moore, and other
friends and neighbors for their floral
offerings. MRS. GEo. HANNA.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21

81 was completely covered with
sores. Every limb in my body ached.
Had been sick for five years. Doctors
could do me no good. Most of my time
was spent in bed; was a complete
wreck. Burdock Blood Bitters have
completely cured me in three months -
Mrs. Annie Zoepen, Crookstown, Minn.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
; Ben Osborne Declared Insane.

ATLANTA, Ga, Nov. 2o.-Ben Os.
borne, who killed Theo. Schrader here
October o, has been pronounced insane
and he will be sent to an asylum. Os-
borne claimed to have been hypnotized
and declared that his brain had been
exchanged in some way for those of a
dog. He said that a hypn6tist told
him to act like dog and he could not
resist the inclination to bark.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
A Chicago Saloon Held Up.

CHICAGO, Nov. 20.-Three men en-
tered the saloon of Michael Simon, at
Harrison and Fifth avenue, about $3.50
o'clock Friday morning, and at the
point of revolvers compelled the bar
keeper to permit them to help them
selves to $13 in the cash drawer and SIS
in his pockets. The men then with.
drew and have not been captured.
The saloon is only block away from
the Harrison street police station.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
bishop Keane's successor.

"a BALTIMORE, Nov. 20.-The announce
ment is made here that the holy father
has appointed Rev. DIR. Thomas j.
Conaty, rector of the church of the
Sacred Heart, Worcester, Mass, to
succeed Bishop John j. Keane as rec
tor of the Catholic university at Wash
ington, d. G.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21

BERLIN, Nov. 20.-Prince Otto, of
Stolberg- -Wernigerode, died Thursday
night at Wernigerode. He was born
at Gedern. October 80, 1887. He was a
general in the Prussiap cavalry and
president of the Prussian diet.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21

IF taken into the head by the nos
trils two or three times week, Thorn
ass Eclectric Oil will positively relieve
the most offensive case of catarrh. y
Rev. L. f. Crane, Dunkirk, N. Y.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21

Anyone who suffers from that terri
BILE plague, Itching Piles, will appreci-
ate the immediate relief and permanent
cure that comes through the use OF
Doan's Ointment. 1t never fails.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21
No War With Spain.

New YORK, Nov. 2O.-The World
says that after careful investigation
at Washington it shows that there is
not the slightest reason to fear war
with Spain.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21

Col. 7. S, Clarkson, Commander-in-
chief of the G. A. r, stopped in Wash
ing ton on his way to New York to at
tend the big reception rendered him by
Lafayette Post of that city, and last
night he was honored with rousing
informal reception under the auspices
of the Potomac G. A. R. Col. Clarkson
and others made speeches which
aroused the enthusiasm of the veter-
ans to a high pitch.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21

The free traders and low tariff men
who supported Mckinley because of
the financial plank of the St LOUIS
platform are already moving heaven
and earth, so to speals, in their efforts
to get some sort of patchwork legisla-
tion through the coming session of
Congress that will make up the de-
ficiency in the public revenues, and,
they hope, prevent any general tariff
legislation by the new Congress on
protective lines. The ADMINISTRATION is
helping them, as will be seen when
Secretary Carlisle's annual report and
Mr.. Cleveland's message go to Congress.
There isn't the slightest probability of
enough republicans being caught in
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-11-21

The following letter addressed to Hon.
l.. II. Reutinger by the Attorney Gem
eral of Ohio giving an opinion on the
Quail Law of Ohio will no doubt be read
with interest by our local sportsmen
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1896-02-13
PuIlman'S Latest and Best.

The Plant Svsr~m "Florida Spe-
cial" leaves New York at 4:3O F. m.
daily Except Sunday, commencing
Jan. 6, via Pennsylvania railroad
and Atlantic Coast Line fer Jack
sonville, Tampa and St.Augustine
Exclusively Pullman drawing room
sleeping, dining, library, observa
ton cars Accommodations re
served weeks in advance.