davidaulloa/AmericanStories huggingface dataset:
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
SUPREME COURT DECISION.
Calling q Contract a Lease Does Not
Make It a Lease.
A Secret Agreement That the Parties
Intended Should Take the Place
Of a Chattel Mortgage.

The Supreme Court has rendered a
| decision in the case of the Stockton
Savings and Loan Society, plaintiff and
respondent, VS.. r. r. Purvis, Sheriff of
Stanislaus County, defendant and ap-
| pellant
| Plaintiff, as the owner of a certain
tract of land, entered into a contract
with one Dallas to rent him the
land for a year, upon the oral agree
ment and understanding that he should
pay for the land a cash rent of 50 14O,
and it was understood and agreed be-
! tween the parties that the title to the
crops raised thereon during such time
| should remain in the plaintiff. The
| crop was to be hauled to the nearest
warehouse and stored in the name of
the plaintiff and from it's sale plaintiff
was to deduct the sum of s., 40, and
the overplus, if any, was to go to Dallas,
and no part of the crop should be sub
| ject to the disposal of Dallas.
| Under the contract, Dallas entered
upon the land and put in a crop, but
while it was growing, and prior to the
harvesting of it, Eppinger & Co., a cred
| itor, attached it as the property of Dali
| las and plaintiff brought action against
the Sheriff, the attaching officer, claim
| ing under the contract to be the owner
of the crop and won it.
The court says the legal soundness of
plaintiffs contention is wholly depend
| ent upon the true construction of this
contract or lease. The first and control
ing rule for it's Interpretation is, What
was the intention of the parties at the
~ he Iii Df n
Another controlling rule is that such in
tention must be gathered from the con-
tract taken as a whole, considering all
its provisions together, and not from
any one clause, considered as standing
alone. Calling a contract lease does
not make it SO. There was an express
promise to pay 81, l40, and its payment
was in no wise dependent on the raising
of crop, and if the crop had been a
failure it would still have been a binding
liability.
Plaintiff could, after collecting the
rent, have sold the crop. The court does
rot think this was the intention of the
parties. Where person pays a cash
rent for land, it would seem that the
crops would belong to him. The law is
inclined to scrutiniZe secret contracts
On account of the opportunities for
fraud they offer. Plaintiff could have
protected itself by taking a chattel
mortgage, but this contract was not
even in writing, and parties who sold
Dallas sacks, or furnished the labor
and machinery to harvest it, could not
attach it for labor or material furnished
The court concludes that the contract
was an attempt to obtain the advan-
tages Of chattel mortgage without
complying with the statute on the sub
Ject. In the demand upon the attaching
officer for the> return of the property,
plaintiff did not even claim to be the
owner of the property, but simply as
serted lien on it, and it should know
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
MUNYON'S
NERVE
CURE

Cures all forms of nervousness and
nervous prostration, resulting from con-
tinual mental strain, troubles, anxiety
or oyerwork. 1t cures all the symptoms
of nervous exhaustion, such as de-
pressed spirits, peevishness, irritability,
general sensitiveness of the whole nerv-
Gus system failure of memory, inability
to concentrate the thoughts, morbid
fears. restless and sleepless nights,
pains in the head, noises in the ears
and dizziness. 1t stimulates and
Strengthens the nerves and acts as q
strong tonic. Price, % cents.
MUNYON'S Rheumatism Cure never
fails to relieve in one to three hours,
and cures in a few days. Price. 2oc.
Munyon's Dyspepsia Cure positively
cures all forms of indigestion and
stomach trouble. Price. % cents.
Munyon's Catarrh Remedies posi-
lively cure Price. 2Jc each.
Munyon's Kidney Cure speedily
cures pains in the back, loins or groins
and all forms of kidney disease
Price, % cents.
Munyon's Female Remedies are
boon to all women. Price. 25c.
Asthma Cure, with Asthma Herbs. 81.
MUNYON'S Headache Cure stops
headache in three minutes. Price,
% cents.
Munyon's Pile Ointment positively
cures all forms of piles. Price, 20
cents.
Munyon's Blood Cure eradicates all
impurities of the blood. Price, 20
cents.
Munyon's Vitalizer restores lost
powers to weak men. Price, 81.
A separate cure for each disease
At all druggists, 25c a bottle
Personal letters to Professor Munyon,
1905 Arch street, Philadelphia, Pa. an
swered with free medical advice for any
disease.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
THE GRAND JURY.
One Indictment Returned, and Severa
ssAccusations.'

One Indictment Returned, and Several
ssAccusatiOns.',
1t had been rumored that the Grand
Jury would make it's final report yes
terday, but it did not Chairman We'll
informed a Record Union reporter
that the final report would not be ready
for perhaps two or three weeks.
The Grand Jury did, however, make
a partial report yesterday afternoon to
Judge Catlin. 1t embraced one indict-
ment-that Of Jack Ffnnigan for steal
ing w. W. Chapin's horse and buggy
and several accusations against the
members of the Board of Supervisors.
These relate to the boards alleged
failure to advertise, in 1S94-95, for
bids for supplying the county officials
and hospital with articles needed, also
for allowing claims that are held to be
illegal and some that were duplicated.
Separate accusations were made
against Supervisors jenkins and Cur
tbs for claiming mileage as Road Com
missioners.
When asked concerning these allega
tons, Chairman Morrison said last
evening that the board did receive bids
for office supplies, but subsequently the
bidders got into a squabb1e, prices were
cut and the county got the benefit of
the row by purchasing away below the
figures named in the bids.
AS to the so-called illegal claims al
lowed, he did not know TO what the
charges referred, but it does occasion
ally happen that small demands against
the county are duplicated. Only last
month a bid for $40 was filed by ex-
Deputy Sheriff Thomas Johnson that
was a duplicate of one allowed last year
for road work. IT was detected, how
ever, by Supervisor Jenkins, and was
not allowed. Possibly, after the lapse
of months, some item so small as 10
escape memory might get through the
board the second time.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03


The Reno Daily Gazette has en-
tered upon its thirty-first volume 1t
was founded March %, 1876, and since
then has never missed day of publica-
ton. We know that it has entered upon
its forty-first volume, for the gentle
compositor tells us so on the title page
in this manner, "XXXxI.," and if that
does not more clearly indicate forty-one
than XII. we cannot read Roman nu-
merals, that's ALL However, that put
aside, the Gazette" is one of our espe-
cially valued exchanges. 1t is spir-
tied yet conservative paper; clean yet
newsy journal; a vigorous, but not an
abusive intellect 1t is entitled to our
congratulations, and it has them, open
handed and in the full flower of SINGER
ity, accompanied with wishes that it
may live as long as its proprietors hope
for it, and be as prosperous and as their
ambition is for it.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
BIG CONTRACT.
A Los Angeles Firm to Pipe the Fair
Aol1 HNlsan IT

A Los Angeles Firm to Pipe the Fair
Oaks Tract.
A contract has been filed for record
between the Howard-W Wilson Company,
promoters of the Fair Oaks Colony in
this county, with the J. B. Hooker
Company of Los Angeles to furnish the
pipe that is to carry water throughout
the colony.
Under the terms of the contract the
Los Angeles company is to furnish all
the water pipe necessary at cost of
about $4,000, or SO much per foot.
Certain cash payments are to be made
as the work progresses, and $4,000 of
the cost is to be met by notes of the
purchasers of lands in the colony, which
notes are to be accepted by the con-
tractors.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

The United States Senate yesterday
stood by the House of Representatives
in its act of striking out all appropria-
ton Of money from the Indian school
bills, thus giving the blow to the
so-called contract schools" which were
nothing more nor less than church
schools among Indians, supported at the
cost of the Government. Such strokes
as these bring US nearer and nearer to
that time when an amendment to the
Federal Constitution will be adopted
that will prohibit any State from giving
any aid by appropriation of money or
property, or exemption or transfer or
privilege, to any institution in whole or
in part related to any sectarian organi
cation, church or religious society.
The complete and irrevocable severance
CT State and church is to be accom-
plished in every State of the Union.
and we believe that rhe day is not very
far distant when it will be announced
as complete.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
Judgment for Plaintiff.

Judgment was given for the plaintiff
yesterday by Judge Johnson in the case
of Patrick Hughes and others against
John Brannigan and others, suit to
quiet title to a portion of a lot in the
block between @ and r, Twelfth and
Thirteenth streets.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

PRESIDENT Diaz has spoken straight
out for the Monroe doctrine. His ex-
preston on that subject is strong, un-
mlstakable and full of meaning. But
really how could Mexico do otherwise
than concur in doctrine that means
her safety from all possibility of for
eign assault with conquest in view?
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

Are you one of those unhappy people
suffering with weak nerves? Remem-
Der that the nerves may be made strong
by Hoods Sarsaparilla, which feeds
them upon pure blood.
Hoods Pills are the best AFTER dinner
pill; assist digestion, prevent constipa-
ton DC
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

of a mile of railroad or telegraph. yet
there is need for hundreds of miles of
each, but capital will not invest in
either under the Spanish. Copper
mines fabulously rich, once worked by
the English, have lain idle a quarter
of a century because of Spanish OPP
preston and extortion. There is OPP
portunity for wonderfully large trade
in vegetables and in raising stock, as
the pasture lands of Cuba are unsur-
passed in the world, but they are now
grown to weeds.
Does anyone think such a country
with education unclaimed, oppression
removed. it's sugar-developed capacity
known, and its greater undeveloped
capacity to be quickened, will go back
ward under free government, lying as
it does at the threshold of the United
States, and offering American capital
and industry gilt-edge investment?
But the Spanish say" adds Pierra,
that we are incapable of self-govern-
ment; but the despot always says that
of "a people he holds in his grasp
There are negroes in the army, GER
tainly, and brave fellows they are
proving themselves to be. There are
100000 Cubans, of these 100000 are
negroes. In no country have the
higher classes formed the file of the
army. But in Cuba all classes among
the insurgents, rich and poor, black
and white, are a unit for liberty and
against Spanish misrule. That they
that The colored chiefs are very few,
and the negroes have never manifested
any jealousy of the officials who are
whites
So we have both sides of the case
presented, and the conclusion drawn
by each that the interest of the United
States is for and is against Cuban in
dependence. The reader will be able to
weigh the arguments impartially, and
to add so much of sentiment as his
sympathies warrant. 1t would seem
from the impartial American stand
point that we ought to wish the rebels
success if for no other reason than this,
that Spanish rule has been misrule
and Cuban rule cannot be any worse
That as the rebels wish to try the ex-
pertinent of self-government they
should be given the opportunity, and
that as for American commercial inter-
ests, they will not be much worse off
under the one than under the other fac
ton
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
ssOne OF the Ablest.''
(From the Napa Register.)

(F'rom the Napa Register.)
The Sacramento Record Union" one
OF the ablest and best papers in the
land, will hereafter issue Sunday
edition-do what the morning papers
of San Francisco do, publish a paper
every day in the week.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

who has not borne child has never come
to the real fuilness of womanhood. Over
thirty years ago the needs of women ap-
pealed to DR. Pierce, now chief consulting
physician to the Invalids' Hotel and Surg
zeal Institute, of Buffalo, N. Y. The result
of his study improved by thirty years of
practice is embodied in DR.. Pierce's Fa-
vorite Prescription. 1t serves but one pur
pose 1t strengthens, purifies and makes
healthy the organs distinctly feminine. 1t
gives weak women the strength and health
necessary for the production of healthy
children and it makes the bearing OF those
children easy 1t is sure to cure any weak
ness or arrangement peculiar to women;
stops pain, soothes Inflammation, strength
ems, purifes, invigorates. Thousands of
homes have been made happy by its use.
Thousands of letters like this one from
Mrs w. p. CAIN of C7infon Allegheny Co, Ih.
who writes: g / was affected with all sorts OF fc
male trouble. tried three doctors, and seven
kinds of patent medicine. and found no relief
Ny husband said try DR.. Pierce.s medicine.
told him might as we'll throw his money III
the FIRE as to try anything more. had lost all
hope had not taken more than half bottle,
when could eat and sleep well. took four
bottles of Dr. Pierce's Favorite Prescription. and
several walls of his Pellets One year after
gave birth to fine baby girl. got along so
much better than when my other child was born.
Three of my friends are taking your medicines.
and are improving" Yours truly.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

Spaniards have not ceased to assault
US. A lot of foul-breath Barcelonians
burned the American flag in the streets
of that city the other day in testimony
OF their regard for this country. They
have given convincing evidence of their
judgment that we should not interfere
with their pastime of butchering Gu
bans according to the art of war as I'M
derstood by the Spanish.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
---------------
NOTE AND COMMENT

John L. Sullivan said to a reporter I'D
north that an actor can be told by the
way he uses his hands. We wonder if
a broken-down rib-puncher may not be
told by the way he uses his mouth?
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

Score one for King Menelek, the bar
barian as against the Turk, who claims
to be civilized. Menelek has applied to
have his country listed with the Red
Cross Society, and that Red Cross corps
of surgeons and nurses be raised and
trained at once. On the other hand, the
Turk has no Red Cross utilization. and
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
cMn, VIZ Mes

Dr. Pierce's Common Sense Medical Adviser, 9
zoos page doctor book, profusely illustrated, Of
which 6so,ooo have been sold at $3.50 copy will
be sent FREE on receipt Of II cents to cover
cost Of mailing only Worlds Dispsnsafy Med
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

This naner is for sale at the following
places: L. P. Fishers, room Il, Mer-
chants Exchange, California street, tne
principal News Stands and Hotels ana d.
the Market-street Ferry, San FRANCISCO
LOS ANGELES Eclectic Book Store
corner Second and Main streets.
SAN DIEGO-Emmal & Co., SOU Filth
street
CORONADO-Hopkins & Cox, Coronado
Hotel
SANTA BARBARA-Hassing News
Depot.
FRESNO-C. T. Cearley, I'LL ] street.
SANTA CRUZ-Cooper Bros. News De-
pot.
Also for sale on all trains leaving and
coming into Sacramento.
Eastern Business Offices.
THE Tribune" Building, New York City
Western Business Office, 1.-The Rock
cry" Chicago.
The S. c. Beckwith Special Agency,
sole agents foreign advertising.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

Browns Bronchial Troches are I'M
equaled for clearing the voice. Public
speakers and singers the world over use
them.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

what its own intentions were in entering
into the contract.
The Judgment is reversed and the
cause remanded
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
Record-Union Telephone.

Entered at the Postoffice at Sacramento
as second-claSS matter
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03

grumbled and growled on being solic-
tied to allow the American Red Cross
Society to succor the distressed in Ar
menia.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
Special Agencies.

1oa;+or;.1 poo,os Red 131
b,,e;uasS 0fica Black 131
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
Weather Forecast
WHICH SIDE sHo5LD WE FAvoRs

Northern California-Fair, fresh north
erly winds, brisk on the northern coast.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-04-03
THE WEEKLY UNION
I2 Pages)

l3 PageSl.
Is the cheapest and most desirable Home,
News and Literary journal puohsheo oi'
the Pacific Coast q, so
The Weekly Union, per year. ....Sl oo
The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1896-03-12
REPUBLICAN LEAGUES.
Letter From the State President Regard
ing Organization.

To THE EDITOR: As president of
the Wisconsin Republican League, |
desire TO enlist the assistance Of your
paper and its republican readers in the
organization and extension of League
clubs. The officers of the State league
wish to cooperate with active republi-
cans everywhere. and to secure a club
organization in every city, town and
village in the state. Many fiourishing
clubs have been organized, and many
more should be, to the end that every
republican become a member Of local
club, and through it be associated with
the great League organization.
The National League convention will
be held in Milwaukee next August,
10Th and 36th. The State League con-
vention will also be held there August
Oath, and will elect one hundred dele
gates and alternateS to represent the
State league in this national conven-
ton. Tn the State League convention
each local club will be entitled to six
delegates, besides itSpresident and Sec
rotary, who will be delegates eX-officio.
All of these delegates will have an OPP
portunity to attend the meetings of the
National convention. At both conven-
tions speakers of national reputation
will be heard, and among them are eX-
pected to be the republican nominees
for president and vice president. Their
unsuccessful competitors will also be
invited. A most interesting three days
program will be presented. Railroad
rates Will be as low as it is possible to
get them, and it is purposed to make
this great national gathering and the
suitable opening OF winning cam
paign.
The object Of the League is to pro-
mote in every legitimate way the sue
cess of the republican party, it's princi-
pies and candidates, and the means it
employs to effect this end are organiza-
ton and education. 1t is easy to form
a League club. and the political interest
manifested everywhere in our party
makes this an opportune time for push
ing the work.
I shall be glad promptly to forward
any republican, upon request, by mail,
the form of constitution recommended,
together with circular and instructions
fully explaining club organization.
Very truly yours,
SAM. A. HARPER,
President Wis. Republican League.
The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1896-03-12
Not Ready for War

The present crisis finds the United
States totally unprepared for war, and
impresses on us strongly the necessity
of guarding our seaports. A matter of
far more Importance to us however, -
during this sickly season is the neces-
ity of guarding our health. Nothing
equals Dr. Rays Liver-T as a health
guard, in regulating the bowels and
warding off disease. For sale by c. H..
Hurd, Woodward q Conley, Leach &
Lamb and Starkweather & Co.
The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1896-03-12
ORGANIZATION COMPLETED.
The Milk Shippers Will Establish Cen
trail Office in Chicago.
Electrical Architect,
Auditorium Tower, Chicago.

trail Office in Chicago.
The milk shippers of northern Illinois
and southern Wisconsin, who have been
busy for some time organizing q pro-
tective association, completed the pre-
liminaries Tuesday and three hundred
of them met at Russell, Ill, and rati
fed the constitution. The principal
feature is the proposed establishment
of central office in Chicago to look
after the dairymen's interests, which
have been hitherto neglected, resulting
in financial loss.
Dealers wishing to buy milk will have
to put up good bond, and no member
will be allowed to give credit for longer
than fifteen days. irresponsible deal
ers are to be noted and the dealers
warned of them. Legal aid will be eX-
tended in cases of disputes over con-
tracts and minor cooperative benefits
are provided for. The officers elected
are:
Presidents. FL. Staman, Ranney.
Vice-presidents- L. Burgess,
BrightoG, and P. w. Stewart, Gurnee.
Temporary Secretary and Treasurer
B. Gleeson, of Dover.
Directors O. Myrick, A. B..
hayes, of Union Grove, John Bourne,
S. M. Galloway and G.. R. Kirk.
One hundred of those present at once
made application for membership and
the society has bright prospects. Mem
bership can be had by paying fee of
81.
The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1896-03-12
President Wis. Republican Leagu

Are now being built to protect our
seaboard cities. They possess the dis
advantage however, of being danger
Gus to the crew and often doing more
harm than good. The same might be
said of a great many patent pills and
nauseous medicines on the market.
Why not be on the safe side and use
DR.. Rays Celebrated Liver-T, which
acts mildly, yet efficiently; no discom-
fort, no bad after effects. For sale by
Woodward q Conley, Leach & Lamb,
c.. FL. Hurd and StarkWeatber & Co.
The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1896-03-12
The Mist.

Gray, gray mist,
Like wrath of far-off seas:
Drowning the mirth of the merry earth
Shrouding the orchard trees.
Shrouding the orchard trees.
The livelong day,
Silently stealing down;
Wrapping in gloom the countryside;
Sitting the noisy town.
The world is sad,
And the hours seem very long;
Missing today is the children's play;
flushed is the blue jays song.
H. M. A.
The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1896-03-12
STANDARD TIME.
Kenosha to be Furnished With the Pure
Article.

Article.
About April Manager McDermott,
of the Western Union Telegraph Co.,
will have in operation in Kenosha a
time service plant furnishing the OBJ
servatory time through self winding
electric clock. This is service in gen
eral use all over the United States. tits
a great convenience to jewelers. and
those having use for accurate time.
Many of the factories and business
houses will be provided with this serv-
ice and Kenosha will have plant
equal to what is in operation in larger
cities.