davidaulloa/AmericanStories huggingface dataset:
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1896-08-07
LEGAL NOTICES


No no
NJ Office FOR PUBLICATION LAND OF.
IN hca at salt lake city. Utah. July if. is1s
-NHtire is hrnbf given that The following
rlmed settler has filed notice uf Die Intention to
raag final pruoi lu support uf bits claim. aud
bat said proof viii ho made before the register
ini receiver OF Salt Take city. Utah. pu August
!. 1rf. viz. Charles q -fIllmnu. ~ y so. ti1la
lated January Is, 100. f0' the .-W n ana
Vi r. - q Sec -. Tp N,H7E. H. names the
hll1Wing WltnessfH 90 prove bis cont nous resi-
ieuCr upon aud cultivation 81 said and. fIf
Thomas Wilde, IT,. Frank Vernon. William War.
dell. oscar u. Young nll ~ pr0a. summit
county. Utah. bYnus gu0u, register
T a. HtiLfT. Auoruey. uEH
Date of dnt publication Jniy ~ isHf
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1896-08-07
no g

nj DITCH fON PUBLICATION. LAND OF-
Y Gee at salt Lake city, Utah, July ~. irS.
Notice BE- hruhy given that the GLOWING
named settler hns Med notice ui his intention 10
make Nual prluf ln support % hIs rlnlm, aud
that said proof Will De- made before the County
CLERK % summit county, Utah, at his Office ~
DUaINlllr, Utah, un september o., ls.l. VIZ.
Julius Panty, ~ 49, ~, dated May Oh. 1870,
flf thr = See. u. TaNH iOE w. names
The following Witnesses to prove his continuous
rr-ldruon upon and cultivation of said land. via.
George a. Efdnnu, John NctWw. ltvufy kahrk
NJ Evanston. Myo aud Michael Mnriaipcky Of
uiillnrl, Wye hNuos Guuu. Register
Il a.. HtfirNt attorney ulftG
Date Of fret publication July ~, isGd
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1896-08-07

Local notices, 0oent pef line iof hrsi lusef
ton 5 rents yer line f1f each Subsequent instf'
i0r.
IG-rhcse faies Will BE- strictly adhered 70.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1896-08-07

fsts,ss a. NJ eosiore' N coaleMs. viat, sag Z
1904. % Second Class saiis,.
The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1896-08-07

Advertising Rates
The record-union., 1896-08-17
THREE THOUSAND MAJORITY
That Is What the Sunday "News"
Expects for Johnson.
CFrom the Sunday News }

Sacramento County ought to roll up
three thousand majority for Grove l..
johnson. This can he done If the
friends of the Congressman proceed in
the canvass with wisdom, vigor and
political intelligence. We believe that
the people are favorable to Mr.. John
son to that extent. He is a Sacramento
man and has never failed to stand up
for the interests Of Sacramento. That
Is one reason why we want to see Sac
ramento lead far and away in the ma
1orities given him in the district. He
ought to get a rousing swell from the
county Of his home.
In this connection it is well to direct
attention to the groundless assaults
that are being made upon Mn Johnson.
Everything that malice and malevolence
can devise is being invoked to defeat
him and shake the confidence Of the
people In him. The Examiner of
San Francisco leads in this vicious line
OF attack on Monday in an insinuat-
ing way 1t accused him of sending the
mineral land bill to committee for the
purpose of strangling it. The truth is
that Mr.. Johnson had nothing on earth
10 do with the commitment of the bill.
he used his very best endeavors to get
from Speaker Reed quick consideration
The record-union., 1896-08-17
TARGET PRACTICE.
The Scores r1ade Yesterday by the
Military Marksmen.

Following are the scores made yester-
day by the members Of the local mill
tary companies at their weekly prac-
tice:
Company G-Captain Stearns AZ, Lieu
tenant Zittinger Al, Sergeant Guth 43,
Sergeant de Finnes 80, Sergeant Klein
g., Sergeant Kellogg %, Corporal Koetz
As, Corporal Milliken AZ, Corporal John
son Il, Privates Gruhler A, Sheehan 43,
Freund AZ, Mcmillan 40, Cook Il, Aine
Al, Striplin 40 Bates 40, Kies 38, Wach-
ford 38. Peck 81, Cippa SO, Richer 80,
Porter 80, Thomas 35, league 80.
ol-shooting-Martin Freund 45, w.
F. Sheehan A, j. Gruhler "a, A. Nc
MILAN A, w. I. Wallace 43, J. Guth AZ,
G. W. Johnson AZ, A. E. Stearns AZ, r.
II. de Finnes 40, Phil Cook 40. Joe Klein
80, Frank Ruhstaller 49, j. Thomas 81,
]. J. Glynn 81, C. Covey 81, w. V. Kel-
logg 25.
Team match for refreshments-F'rank
Ruhstaller, Jr., 3S w. F. Sheehan A, to-
tai, S2 ]. Gruhler AZ, j. Zittinger 80;
total, 81.
Troop B (pistols)-Sergeant Boden A,
Sergeant Pike 43, Sergeant Lee 42, Ser
geant Bauquier 80, Corporal Steigler Al
Hunt 80, Corporal Noe 80, Privates
Kelly 45, HOWE 45, Hunt 45, J. L. Sui
livan AZ. Schadt 3S, Powell 81, Carroll
So Kane 80, S. Jennings 80, c. Jennings
90, Williams 2S, Staiger 25, Gracia 20,
Ochsner Is, Corporal Kreuzberger Al.
The record-union., 1896-08-17
PERSONAL MENTION.

r. o. Shelton, one of Grass Valley S
old-t time miners, is in the city.
w. II. Potts Of Los Angeles is spend
ing a few days with friends here.
f. A. Shaeffer, prominent Gridley
farmer, is at the Western Hotel.
Mrs. Fl. Schmitgen and two children
are up on a short visit in Green Valley,
El Dorado County
Misses Addie and Emma Hughes,
who have been visiting Hazel Valley,
Ell Dorado County, have returned.
Mrs. William Beckman has returned
from her three weeks visit to Catalina
Island, Santa Monica and other seaside
resorts of Southern California. She re-
ports the weather much hotter in Los
Angeles than here.
Mrs. Albert Gallatin, with her son
and mother, Mrs. Charles Robin. came
down from Pine Grande last week and
left for San Francisco. During the late
hot wave they We're enjoying delight
full outing in the mountains.
Elwyn Irving Hoffman of Stockton
and L. Maynard Dixon of San Fran
cisco were in the city yesterday and left
last night for Nevada County on a
sketching outing of some weeks. Mr..
Hoffman is a writer well known to
Record Union" readers, and Mr.. Dixon
is an artist.
The record-union., 1896-08-17
INDIGNANT PRINTERS.
They Denounce the Action of the
Fresno Convention.

The employees of the State Printing
Office are upin arms against the action
of the State Typographical Convention
at Fresno, wherein 1t passed resolu-
ton asking the Governor to investigate
the State Printing Office.
When an investigation of some in
stitution is demanded it is of course un-
derstood that charges of wrong-doing
are implied in the demand. In the mat
ter of the State Printing Office 1t is al
legged that the action referred to was
instigated by the personal malice of
discharged employes-who thought the
State Office was all right while they
were drawing down big wages right
along, but all wrong when they were
retired.
The employees of the printing and
bindery establishments have by resolu-
ton denounced the State Typographical
Convention. They say that as the State
Office was thoroughly a union estab-
lishment there was no occasion for
action on the part of the union, and that
the proceedings at Fresno We're in
spired and engineered by discharged
employe.
The record-union., 1896-08-17
IN THE HILLS.
A Jolly Party OF Sacramentans Near
Sly Park.

A correspondent writes from Pleas
ant Valley to the Placerville Demo
crat'' of the doings of jolly party OF
Sacramento people camping between
there and Sly Park. The party con-
sists of Mr. and Mrs. George L. Shafer,
Misses Maud, Minnie, Belle and Lucy
Shafer, Mr. and Mrs. H. Fisher, and
Karl and Ethel Fisher. The corre-
spondent says:
Noticing a bright illumination one
evening on my way from Sly Park, 1
Jumped the fence and found my way to
two big bonf1res and a number of Jap
anese lanterns hanging from the trees.
The campers We're entertaining visit
ors with a varied programme. Mr..
Shafer sang several Of the latest songs,
and Mrs Shafer danced some old
fashioned German dances to the sing
ing Of Mr. Fisher. Mrs. Fisher also
sang several songs, after which re-
freshments were served. The visitors
left after all had Joined in the song,
Aud Lang Syne.'
This is the finest camp that has been
in these mountains for years, and the
members of the party are so jolly and
willing to share their pleasures with US
that we shall make their stay as pleas
ant as possible. Next Saturday night
all intend going to Duncan's, Hazel
Valley for a dance"
The record-union., 1896-08-17
LOCAL WHEEL GOSSIP.
Run to Folsom Yesterday-TheC Cap
itaI Clubs Troubles.

The Capital City Wheelmen had a club
run to Folsom yesterday, and along
with them went a group from the
Stockton Road Club. The visitors were
delighted with the Folsom path to
Alder Creek. From that point 1t is prac-
tically ruined, and of no use for two and
half miles or more.
The new Drill Corps meets at Seven
teenth and / streets this evening at {
sharp, for one hour only. The Capital
City Club meets at tonight, and ac-
cording to rumors it will be a lively
meeting. Some Of the racing section
are dissatisfied, it is reported, though
club officers say that they cannot un-
derstand why, as everything the sec
ton has ever asked or desired has been
granted, all money spent has been for
that section, save current expenses, and
that everything possible to conserve the
section has been done for it.
Another group wishes better club
rooms, at higher cost and with more
conveniences-a genuine clubhouse. In
fact, all the club members wish that,
but a majority feel that the club treas
ury is not yet prepared for it. An effort
to form a new club out of the old one
likely to be raked up tonight.
The Capital City Club is one of the
largest and best wheel associations on
the coast, and for character of member
ship and business management has not
an equal in the State. 1t will be Ia
mentable if there is any development OF
want of harmony in it. Probably all
the petty issues will be vented and set
tied tonight.
At Folsom a club has been formed,
known as the Folsom City Wheelmen,
with these officers: President, Secretary
and Treasurer, NJ. J. E. Totten; Vice
President and Captain, G. Brandon;
First Lieutenant and Historian, Ray
Mcfarland; Second Lieutenant, NJ.
Schlittler; Executive Committee-M. j.
Z. Totten, c. Brandon, Ray Mcfarland,
F. E. Linnell and NJ. B. Deely
The record-union., 1896-08-17
A NEW PEST.
1t Has Been Recently Discovered Upon
GrapeyineS.

1t having recently been stated that
a new insect pest had appeared upon
grape vines, that was threatening seri-
Gus injury to the vineyards, a Record
Union" reporter investigated the matter
in order to find out what had been learn
ed and to enable growers, being warned,
to look out for it and try to eradicate it
before it obtained too great a foothold.
YES" said George B. Katzenstein,
when approached concerning the mat
ter, I have been quietly investigating
a new trouble incident to grape vines,
for the very good reason that the Earl
Fruit Company is as much interested in
the propagation of sound and clean
fruit. as are the growers-the interests
of grower and shipper being mutual.
Recently our attention was called,
in a casual way, to what was termed by
our informant ''peculiarity' in some
grape vines and leaves, upon what has
heretofore been recognized as resistant
stock. The 'peculiarity" consisted of
what resembled a heavy white mold,
such as is seen upon the walls of a
damp basement. 1t seemed to affect
both leaf and stalk, and SO far as pres
ent advices go has developed in but one
locality upon the plains, but it BODIES no
good, since it has now been heard of in
several distinct vineyards in the same
locality.
THE matter was referred to b. NJ.
LIE Long, Secretary of the State Board
Of Horticulture, and he deemed it of
sufficient Importance to refer it to the
F,ntomologist of the board, who reports
as follows:
SAN FRANCISCO, Aug. IL, 1896.
George B. Katzenstein, Sacramento
Dear Sir: On my return form the South
Mr.. LIE Long called my attention to the
grape leaves you sent him. Upon ex-
animation I found that the rough and
rusty portion of the leaves are very
thickly infested with a microscopic mite,
probably ''Phytopus yitis." 1t is un-
questionably Phytopus, but I have no
description of Wits. l have no doubt
but it is the cause of the disfguration
just as "Phytopus pyri'' affects the pear
leaves. The best remedy for all mites
is a liberal application of sulphur. Ap-
ply it so that it will strike the under
side of the leaves. Place a freshly cut
leaf under a good microscope and you
can see the small white mites with four
legs near the head. Respectfully yours,
ALEXANDER -CRAW.
Further inquiry develops the fact,
however, that the application Of sulphur
as suggested is not efficacious in remov-
ing the difficulty. There is probably no
cause for alarm, but as in such mat
ters, as well as others, eternal vigi-
lance is the price Of liberty it may be
well for our vineyardists to compare
notes and unite in the eradication OF
what must prove an unwelcome visitor,
even though he be a 'pyri' or a Wits .
The record-union., 1896-08-17
SUPREME COURT DECISIONS.
SYLLABI
(S. F., No. 204-In Bank-Filed August
II 1NQE

= LLAbl.
(S. F, No. 204-In Bank-F'iled August
IA, 1860
Wallace ct al, appellants; Sisson
ct al, respondents. Contract. Affirmed.
1t is upon question of law that the
decision of the appellate court becomes
the law of the case, and not upon ques-
tions of fact. The appellate court cam
not itself make a. finding of fact when
the evidence is all before it, or find the
ultimate fact from other probative
facts, unless such ultimate fact follows
as a conclusion of law therefrom, and,
If in the opinion which it renders, it as
sumes that the evidence sustains any
fact, it is only the opinion of the court
and not finding of that fact
IT, upon an examination of the record,
the appellate court determines that
there is no evidence in support of the
decision, it reverses the judgment, for
The record-union., 1896-08-17

of the bill. but In the mass of business
to be disposed of in the House the
Speaker felt that he could do no more
for the bill than to let 1t go to commit
tee under the rule. Mr.. Johnson tried
with his accustomed vigor and persist
ency to move the Speaker, but the best
alternative concession that he could get
was to have it go to the Committee OF
the Whole, whence it could never be
resurrected. The manifest purpose or
the San Francisco paper was to build
up a prejudice against Johnson In the
mining counties. But our friends the
miners understand that Johnson was
the stanchest friend that the mineral
land bill had in Congress.
The record-union., 1896-08-17
INCENDIARISM.
Heavy Loss to Farmer Charles Dick
son, Near Elk Grove.

Last night large barn on the prem
ises of Charles Dickson, about two
miles north Of Elk Grove, was destroyed
by fire, with it's contents, except one
horse.
Mr.. Dickson's son George saw the
fire through a window of the family
residence, and reached the barn in time
to save one horse, but in doing so he
received some severe burns himself.
Two other horses, three sets Of harness
and fifty tons of hay were burned.
There is no way of accounting for the
fire except on the theory Of incendi-
ariSm
The record-union., 1896-08-17
DIDN'T KNOW IT.
A BucoIic WheeIman's Mistake and
Consequent Arrest.

Special Police officer r. l.. Hennin-
ger yesterday morning arrested j.
Porch of F'lorin for violation of the city
ordinance against riding bicycle on
the sidewalk The officer said there
were eight persons in the party, but he
had all he wanted to do to capture one
Of them.
It was the old story with Mr. Porch,
che didn't know''-but the police force
have so often met with such violations
lately that they have determined to
make few examples.
The erring wheelman was allowed to
go on his way after depositing five
dollars
The record-union., 1896-08-17
BALLOON ASCENSION.
The Parachute Had No Opportunity to
Assert Itself.

There was a great gathering Of peo-
pie at East Park yesterday to witness
the balloon ascension, the museum
show, to ride on the scenic railway or
rest beneath the shade of the trees.
Aeronaut Collier went up in his ball
loon all right, but landed without the aid
of the parachute. For some reason the
balloon did not rise more than about HOO
feet, and after drifting northward to
near the levee it came gently down in
the edge of an asparagus field.
1t was perhaps just as well, for if the
balloon had gone much higher and
drifted farther the aeronaut might
have been dropped in Tivoh Lake or
among the trees along the American
River
The record-union., 1896-08-17
NOTICE OF STREET WORK.

PUBLIC NOTICE IS HEREBY GIVEN
that the Board of Trustees of the city of
1896 adopted Resolution No 325 of its in
tention to order the following street work
to be done, viz: That d street in this
city, from the east line of Ninth street to
the west line of Tenth street, be improved
by grading and macadamizing, constructs
ing redwood curbing and filling in behind
the same with earth for a width of eight
(S) feet.
For further particulars reference is here
by made to said resolution on file in the
Office of the City Clerk
Sacramento, August IA, 1896
E. j. CROLY
au15-6t' Superintendent of Streets
The record-union., 1896-08-17
A Sacramentan Chosen.

At the session of the State Typograph-
ical Union at Fresno on Saturday E. T.
Woodman of this city was elected
Chairman Of the Executive Committee,
also delegate to the International Ty-
biographical Union, which will meet at
Colorado Springs at an early date
The record-union., 1896-08-17
Hotel Arrivals.

Arrivals at the Golden Eagle Hotel
yesterday: George c. Mackie, New
York, c. O. Bennett. w. A. Bennett,
Stockton; A Greeninger, San Jose;
George E. Rea, Santa Clara H. c. Nor
rill, E. r. Schiff, M. L. Reynolds, Walter
p. Hall, James Monson, San Francisco.
The record-union., 1896-08-17
AUCTIONS.
BELL & CO.,

Real Estate and General Aucttoneers
927 X Street, Sacramento.
REGULAR SALES DAYS, WEDNES-
day and Saturday at 10 o'clock. Particu-
lar attention paid to the sale OF Real Es-
tate, House Sales, Sale OF Farms, Stock.
etc. etc Consignments solicited. High
est price paid for all kinds Of Household
Goods
The record-union., 1896-08-17
MRS. MINsLoW,s SOOTHING sYRuP

MRS. WINSLOW'S SOOTHING SYRUP
has been used for over fifty years by mill
ions of mothers for their children while
teething with perfect success. 1t soothes
the child, softens the gums, allays pain,
cures wind collie, regulates the bowels, ard
is the best remedy for diarrhea, whether
arising from teething or other causes. For
world. Be sure and ask for Mrs. Wins
lows Soothing Syrup. Twenty-Five cents
bottle.
The record-union., 1896-08-17

delicacies. you can tind them in the finest
qualities at the Sacramento Market, 3OS-
1O-12 X street: Salami Sausage, Choice
MackereI, Smoked Haiibut. Smoked Sal
mon. Goldfish, Swiss, Limburger. Brick
Cream, Roquefort Adam. German Hand,
Sap Sage and Pineapple Cheese. Curtis
The record-union., 1896-08-17
SPECIAL NOTICES.

vehicles-Baker & Hamilton-Hardware.
Carts. Buggies, Carriages, Fhaetons, Balm
Farm and Header Wagons, Wholesale
Hardware. Send for catalogue.
The record-union., 1896-08-17

KENT BROS, 1oI7 Third street, for car
notice Teiephones-New, 215; Old, 51l
The record-union., 1896-08-17

the reason that the court committed an
error of law in finding q fact without
any evidence in support thereof. And.
if the evidence at the second trial Is
Identical with that given at the former
trial, and the trial court is still of the
opinion that it justified the former find
ings it is not precluded from so finding,
merely because the trial court reversed
it's former decision.
The evidence from which fact is to
be determined does not consist merely
of the language used by the witnesses.
1t includes their appearance and de-
meanor on the witness stand, the man.
neI in which their testimony is given,
the credit to which they are entitled,
ETC., etc. The consideration of these
elements is peculiarly within the prov
ince of the trial court. and. wherever
the decision of fact depends thereon
in whole or in part, the appellate
court cannot prescribe the mode in
which the decision shall be made, or by
opinion of its own upon the effect of
the evidence, take from the trial court
the power of determining the sufficiency
of the evidence to establish fact.
The record-union., 1896-08-17
Public schools

Have closed. Conditioned scholars
should attend Howe's Academy, Ninth
and /.
The record-union., 1896-08-17
Grim, No. 149-In Bank-Filed August
IA 1S961

The People, ETC., respondent; Frank
Roemer, appellant. Murder Affirmed.
Garoutte, j., dissenting.
Where a defendant was asked by his
counsel upon direct examination If he
had ever been charged with killing any
body, and answered that he had not:
Held, that in cross-examinatioIl the
door being opened, 1t became permissi-
BILE to refute that testimony by direct
evidence to the contrary to or impeach
1T by showing contrary declarations
made by him.
The record-union., 1896-08-17

HODSON, S13 X street. is the baby pho
tographer.
The record-union., 1896-08-17
Is. F., No. 170-Department One-Filed
August IA, 1860

Is. F., No. 11O-Department One-Filed
August ii, 1860
Finkeldey, appellant; Omnibus Gable
Company, respondent. Damages for
personal injuries. Reversed.
1t is not correct as a proposition of
law that the act Of attempting to board
a street car while it Is in motion Is of
itself negligence. Whether such act
is negligence must depend upon the
particular circumstances under which
it is done. The situation Of the street
and the speed at which the car is NOV
ing may be taken into consideration.
While it might be negligence to at
tempt to get upon car moving rap
idly down a street of heavy grade, it
would not be so regarded if the car was
moving slowly up the grade.
The question of contributory negli-
gence is one for jury to decide.
The record-union., 1896-08-17

Is. F., No. .4SS-Department Two-Filed
August A. 1860
Thomas B. Robinson, appellant;
Templar Lodge, No. IL, I. o. o. F., re-
spondent. Appeal dismissed
Notice Of appeal may be served be-
fore filing, and the code does not pre-
scribe any particular time after serv-
ice within which it must be filed. How
ever, no undertaking on this appeal
having been filed, the appeal is dis
missed without prejudice to another
appeal.
The record-union., 1896-08-17

The instruction: 'If you believe that
the defendant at the time of the killing
had reasonable apprehension and be-
lief that the deceased was about to ex-
ecute his threat to kill him, and that it
was necessary for the protection of his
own life that he should kill the de-
ceased, though defendant had resolved
to Kill deceased before the fatal shot
was fired, the killing was not murder,
and your verdict should be not guilty.
was justly refused. Apart from other
objections, it would have been errone-
Gus in declaring as fact that deceased
has threatened to kill defendant.
The record-union., 1896-08-17
Is. F., No. .284-Department Two-File
August IA. 1861

August IL, 1850
Mary E. Pleasant, appellant; David
Samuels, respondent. Promissory
notes. Reversed, with directions to
overrule demurrer.
1t was held in this State at an early
day, and has since been repeatedly
held, that the common counts may be
used to state case Of action, notwith-
standing the provisions contained in
Sections 337 and 339, C. C. p, which
was found in the old statutes and was
adopted into the code.
The items of an account need not be
set forth in pleading, but a bill of
particulars must be furnished on de-
mand.
The defense Of the statute of limita-
ton cannot be raised by demurrer, un-
less it clearly and aff1rmatively ap-
pears on the face Of the complaint that
the cause Of action is barred. If it
does not so appear, the defense must be
raised by answer
The record-union., 1896-08-17

SEND THE WEEKLY UNION TO YOUR
friends in the East
The record-union., 1896-08-17
ADJUSTMENTS.
9TH OF SEPTEMBER,

GRAND EXCURSION TO STOCKTON,
under the auspices of Sunset Parlor, No. 26,
N S. G. W., assisted by Califia Parlor, No. y,
n. D. G. w. Fare for round trip, 81 jy27-SwMTh