davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-03-14

set opposite their names and pay ten
per cent of the amount in cash. Ths
defendant subscribed for $4,000, and paid
$500 in cash.
OF the amount subscribed by defend
ant he paid two installments OF S20J
each. 1t was alleged that the plaintiff
had incurred certain obligations III
building its road above the amount re
ceived from it's stockholders, and to pro-
vide funds it demanded from eacn
stockholder an additional 40 per cens
of the amount of the subscriptions, and
on June 6, 1895, demanded from the de-
fendant $500. The present action was
brought to recover this amount. The
supreme court has now reversed ths
Judgment of the trial court on the
ground that no cause of action is al
legged against the defendant.
'The right of the plaintiff" says the
supreme court, "to recovery depended
solely upon the terms of the agreement
of subscription. Aside from the ao :
sence of all averments in the complaint
of a compliance by the plaintiff with the
statutory requirements for an assess
ment. 1t affirmatively appeared that the
plaintiff had no authority to levy an as
sessment upon it's capital stock. Sec
ton 331 of the Civil Code gives
authority to corporation 10
lew such assessment only when one
fourth of it's capital stock has been sub
scribed, and 1t was alleged that only
260 out of the $500 shares had been sub
scribed. The court holds that the de-
murrer should have been sustained, AMI
So decides. Upon the authority of this
decision a similar order is made in the
case of the Ventura and Ojai Valley
Railway company, respondent, VS.. Col
Inns appellant"
The herald., 1897-03-14
SUPREME COURT DECISIONS
A Batch Of Southern California Cases Passed
Upon

A Batch of Southern California Cases Passed
Upon
The suit of Emil Lehnhardt, carried
ent, VS.. Frank S. Jennings ct al, carried
on appeal from San Diego. the plaintiff
sued as the assignee of one Hinton to re-
cover from defendant, Jennings, who
was the sheriff of defendant county,
money paid to him as fees demanded for
official services in the levy of a writ OF
execution.
The supreme court in reversing the
Judgment and remanding the cause with
directions to the court below to dismiss
the action, says: I'm our opinion the
record discloses no cause of action OF
which the superior court has original
jurisdiction. In order that jurisdiction
may be exercised by that court in an ac-
ton at law for the recovery OF money
only, the constitution requires that the
demand in suit shall amount to $500. 1t
is claimed that the sheriff demanded
s100 in addition to the specified fees for
attaching the land, but it is not stated
upon what pretext he made such addi-
tional demand, nor wherein its illegality
consisted, If 1t was illegal, nor that it
was paid. Both the contents and the
omissions of the findings tend to con-
firm the inference that the only SUBJ
stantial purpose of the statement relat-
ing to an additional demand of $500 by
the sheriff, is to give color to the prayer
for sum sufficient to authorize the
court to take cogniZance of the action.
If it was deemed desirable to have an
authoritative decision of the question of
the sheriff's duty under the writ. the law
has provided methods competent for
that purpose and not obnoxious to any
provision of the constitution"
The herald., 1897-03-14
TO SEE THE FIGHT
Athletic Club Party viii Leave for Carson This
Eve


Evening
The Athletic club party which viii
take in the bett-Fitzsimmons fight,
leave for Carson in a special Pullman
this evening. President John Brink will
be in charge, assisted by Secretary Nc
Stay, and the party will be composed of
the following gentlemen: Allen brothers,
and Rogers of the Wedge Mining COM
pany, Joe Banning, Frank Schumacher,
George Miller, Charles Duncan, William
Duncan, John McGinnis, f. A. Wiser,
Frank Norton, Ike Lothian, Charles
Marsden, John McCabe, Jack Roop,
Henry German, John Bernard. Cham
pion Chick of the Los Angeles Gun club,
and Chalk Roberts. These gentlemen
have already secured their sleeping car
berths and railroad tickets, and 1t is ex-
pected that at least enough more will be
on hand this evening to fill the car,
which has accommodations for twenty
eight The party will live In the car until
their return, and are provided with
everything to make the journey pleas
ant one.
From the best obtainable information
between seventy-five and hundred Los
Angeles people will witness the fight,
number having gone north during the
past week
Corbett still has the call on betting in
this city. John Brink last evening placed
800 to $50 on the Californian, but two
days ago got $500 bet even money.
The herald., 1897-03-14
RATHER HARD LINES
Ruling Upon Ons of Constable Branscom' S
Acts-The Bounds of Official Duty

Acts-The Bounds of Official Duty
If an officer OF the law has In his
charge a prisoner and he takes the op-
portunity afforded to do up" his man
in the most approved style, how far can
the officer and his bondsman be held re-
sponsible in a suit for damages?
At first glance the question seems sim
pie, but passing upon demurrer in the
case of Dominquez, the Calabasas
rancher, against Harvey Branscom, the
constable of Calabasas township. and
others, Judge Shaw shows that such an
apparently simple proposition might be
made very complicated.
The action was on the official bond of
the constable. The complaint alleged
that Branscom after arresting Domin-
ouez on a warrant, and while detain-
ing him in custody and while acting III
his official capacity as constable and in
virtue of his office, and in violation OF
his official duty to protect plaintiff aJ
his prisoner and treat him humanely,"
abused and injured him by striking him
on the head and shooting him, causing
him serious personal injury.
'If, while engaged in the perform
ance of any act in connection with the
arrest, which. by virtue or under color
of his Office" says Judge Shaw, "the
constable might or could do, he ex-
ceeded the bounds of such official duty
and committed injuries on the plaintiff
greater than reasonably appeared to be
necessary to effect the lawful object, or
without any necessity therefor, he and
his sureties are liable on his official
bond for the damage caused. But If
while plaintiff was in his custody the
constable, not pretending to act official
ly, nor in performance of any act con-
nected with the arrest or detention, nor
by means of any advantage of his official
position, but of his own personal i'll will
injured plaintiff, it would be mere per-
Fonal act for which he is not liable Off
cially.
Then after illustrating the meaning Of
the distinction drawn he proceeds
to show that the question OF
whether, when the assault was made,
Branscom was acting in his official ca
pacity is a question of law, depending
on the fact that the prisoner was trying
to escape or that the constable believed
such to be the case; or whether the con-
stable was, or was not pretending to
believe such to be the case for the pur-
pose of keeping the plaintiff in GUS
tody.
"These facts" says the court in con-
oluson," are not ALLEGED Conclusions Of
olusion, 'are not alleged Conclusions OF
stated therein are of no force. The com
plant, therefore, is void of allegations of
fect showing an injury done under color
OF the office. The conclusion alleged
that he was so acting, being a matter OF
law, does not aid the pleading in this
particular For these reasons the de-
murrer TO the complaint must be sus-
tanned"
The herald., 1897-03-14
New Suits Filed

The following complaints in new suits
were filed yesterday In the superior
court:
The estate of Sybil F. and Susan F.
Morgan, minors-The petition of f. j.
Biddleman that she be appointed legal
guardian of these, her children. The
minors are twins and have estate in
the county
Fred Manuel vs. w. E. Tyler ct al
A suit to recover on a note for $4,000, given
by the Gibson & Tyler company on De-
cember 10, 1891; costs and decree of sale
against lot /, and the north fifteen feet
of lot 2, block A, of the Clarabelle tract;
also lot 3, the southerly twenty five feet
off the entire length of lot 2 block A,
also all of the ten foot alleyway at rear
tract.
Nathan Bundy VS.. William Rector ct
sl.-Both parties are owners as tenants
in common of lot 16, block 203, OF the VIII
la lots adjoining Santa Monica, being a
portion of the rancho San Vicente. The
plaintiff has an estate of inheritance
therein to the extent of two undivided
third parts in the fee and the defendants
have an undivided third. The suit is one
for partition.
Mrs. NJ. e. Yerby ct al. VS.. John Reb
man et al.-A suit to recover $2500 on a
note, and foreclose the mortgage on lot
is, of the Kennedy tract, given as Sc
curity for payment.
The estate of Harry D. Plat, deceased
The petition of Matte E. Plat, the
widow, for letters of administration. The
estate consists of s3c5 in the bank and a
silent partners interest in meat mar
ket on Spring street, valued at s100.
The herald., 1897-03-14
To Rcvoiu,ionize Trade

The Wright Wave Motor company yes
terday filed articles of Incorporation. The
experimental operation of the wave mo-
tor recently at Redondo has aroused in
terest as TO the possibilities of the con-
trivance.
In the articles filed the purposes of the
new organization are set out to be to
acquire the ownership of patents for
wave motors and Improvements thereon
whereby the wave movement of the
ocean is made available as motive
power for manufacturing, lighting.
transportation pumping and other COM
mercial purposes; also for the acquiring
of rights to water frontage, the genera
ton, transmission and sale of electrical
or other power created by the power de-
veloped from the wave movement of the
ocean, and for all business necessary to
the main purpose of the organization.
The directors or trustees of the corpor-
alton are as follows: Parvin Wright,
Shirley c. Ward, John S. Ward K W.
Midowicz, all of Los Angeles and Jeffer-
son Chandler, San Francisco.
The capital stock is placed a. 81 600, 900,
divided into 10000 shares of the par value
of $10O each; of this amount $500 has been
subscribed.
The herald., 1897-03-14
A New Trial

In the case of the Santa Monica Lum-
ber and Mill company, respondent, VS..
]. H. Hege. appellant. and DR.. William
Naumann, defendant, the judgment rem
dered by Judge York in department
three is reversed and a new trial
granted.
1t was an action to foreclose a lien
for materials furnished and used in the
construction, alteration and repair Of
certain buildings on thelot in Santa
Monica. Hege was the owner of the lot
and DR.. Naumann the lessee. The lat
ter suffered his default to be entered
and Hege demurred, the demurrer be-
ing overruled. The judgment was that
SIS instead of 500 would be reasonable
attorneys fee, and that s24459 was due
to plaintiff from defendants; that DR..
William Naumarn was personally liable
ard valid lien against the property
described would lie.
The court holds plaintiff was not en-
titled to recover for materials furnished
ION or before the 1st day of July"
The herald., 1897-03-14
A Piscs az Parchment

When unwritten on, is not more colorless
than the cadaverous countenances of those
unfortunate persons whom we are accus-
toned to call confirmed invalids." What
mlsnomer! implying. too, despair, CIV
ing up for lost! As long as the vivifying
power OF Hostetters Stomach Bitters can
be felt and that 1t is possible SO long as
there is no absolute collapse Of the facul-
ties, fresh vitality can be infused into
wasted, feeble frames; color and flesh can
be brought back to the wasted, pallid
cheeks with this grand sheet anchor of ,he
debilitated and the sickly. 1t is a tonic OF
the greatest potency and the utmost purity.
and remedy for and preventive of dys-
peps!a, bilious. malarious, rheumatic, rer-
vous and kidney complaints. Appetite and
sleep are greatly aided by 1t; 1t counteracts
the effects of undue fatigue, or excitement
and nullifies the often perlous conse-
quences of exposure in inclement weather
or damp clothing.
The herald., 1897-03-14
An Unwaived Lien

In the suit of the California Savings
bank of San Diego, plaintiff and ap-
pellant, VS.. w. Parrish ct al. defend
ants, d. Choate, defendant and respond
ent, carried up on appeal from San
Diego, the supreme court has reversed
the decree and order appealed from and
the cause remanded, with directions to
the trial court to sustain the demurrer
to the cross-complaint.
The action was one to foreclose a
mortgage made by the defendant Par
rish, to the plaintiff on certain city lots.
Defendant Choate answered and filed a
cross complaint, in which he set up and
asked to have foreclosed a vendors
lien upon the lots described in the mort
gage. Plaintiff demurred to the cross
complaint upon the ground, among
others, that the lien set up, If any exist
ed, was barred by sections 339 and 343 of
the Code of Civil Procedure. The de-
murrer was over-ruled and then plain
tiff answered the cross-complaint, al
leging that the said lien had been
waived by Choate.
The herald., 1897-03-14
Todcy's Baseball

The Trilbys and Compton baseball
teams will cross bats at Athletic park
today and a hot game is looked for, as
the colored champions have met one de-
feat at the hands of the visitors and will
endeavor to redeem themselves. The
game is for the benefit of Billy Carroll
and Shaw of the Trilbys. The teams will
line up as follows:
Compton-G. Gowen, catcher; E. Sher-
er, pitcher; Van Horn, shortstop; A.
Hauselman, first base; Jenkins, second
base; C. Thomas, third base; Harkins,
right field; ]. Hauselman, center field
Goldwater, left field.
Trilbys-Carroll, catcher; Shaw,
pitcher: Marr. shortstop; Nettles, first
base; Perkins. second base; Majors,
third base; Walker, right field; Alexan-
der, center field; Anderson. left field.
The game will be called at 2:S0.
The herald., 1897-03-14
THE TALI|E (F Discretion
Sol Wolf and His Heavy
Weight Opponent
OFFICIAL DUTY OF h CONSTABLE
The Exercise of the Actual Arm
OF the Law
SUPREME COURT DECISIONS
Lucky Stockholders ia the Ventura and
Ojai Railroad
A Company Incorporates to Utilize the New
Wave Motor
Testimony In the Spencer Case cioses-A Trio
of divorce Cases---Bellew's Muir.
derers Plead Not
SUPREME COURT DECISIONS
Lucky Stockholders ia the Ventura and
0jai Railroad
A Company Incorporates to Utilize the New
Wave Motor
Testimony In the Spencer Case cioses-A Trio
of Divorce Cases---Bellew's Muir.
derers Plead Not
Guilty

Sol Wolf, who resides at the junction
ing rather unhappy in his mind. He does
not know at what time his anatomy
may be tickled by load of buckshot,
and. naturally enough, has desired TO
prevent any such contingency. believ-
ing that IAN ounce of prevention Is
worth a pound of cure"
Under these circumstances, he swore
to a complaint, drawn up by Assistant
District Attorney Williams, and upon
which a warrant issued from the city
court, wherein he charged one John Doe
Belcher with disturbing the peace"
And the last-named gentleman did it in
good shape, too. 1t appears that on
Thursday last Belcher, unlimited, en-
tered VOLTS home and threatened
trouble Among other acts, he volun-
teered to perform, he threatened to put
about seven different kinds of faces up
on Wolf, and as the latter was content
with the one face he had, he objected
to any change. He ordered Belcher from
off his premises, who went. after some
demur, and Wolf thought his trouble
was over Later, however, when his
wife came in, she told her husband that
Belcher was camping outside with
shotgun and extended a polite invita-
ton to Wolf to come outside. Inasmuch
as Belcher weighs about 200 pounds,
Wolf was not eager to get into per-
sonal encounter with him, much less
when a shotgun was to be called into
rbi Whom
tunity offered, Wolf found it convenient
to leave the city on business, but upon
returning yesterday, made certain that
things would be safe at home by swear
ing to the complaint.
The herald., 1897-03-14
New Secret Order

The national council of the American
Fraternal League filed articles of incor-
poration yesterday, without any capt.
tai stock.
The purposes of the Incorporation are
somewhat ambiguously worded, but as
it is to be a secret order, they can only
be inferred from the statement that it is
not for profit but for mutual protec-
ton" whatever that may mean, and for
the payment of stipulated sums Of mon
ey to the members and the families of
deceased mebers OF the order. The To-
cal councils are to be exclusively COM
posed Of members of the league, secry,
fraternal and beneficial order and So
ciety.
The trustees of the organization are:
+. j. Cressy, J. w. Trueworthy, Warren
Gillelen, NJ. p. Snyder, w. C. Patterson,
JohnstCne Jones and JOHN Burr
The herald., 1897-03-14
TWO LUCKY STOCKHOLDERS
IN the Ventura and Ojli Railway Need Not
PEy lp on Suhscrintjo,

IN the suit of the Ventura and Ojai
Valley Railway company, respondent,
VS.. Hartman, appellant carried on ap 4.
peal from the superior court of Ventura
county, the supreme court has reverse !
the judgment of the triat court and ii-
rected it to sustain the demurrer to the
complaint.
The railway company was incorporat-
ed In April, 1892, with a capital stock Df
$3.50. 900, divided into $500 shares of 500
each. OF this amount only 260 shares
were subscribed at the commencement.
of the action. Prior TO it's incorpora
ton a. preliminary agreement had been
entered into between several individuals,
which was to become operative in the
event that $4,000 should be subscribed
to it's capital stock. This amount hav-
ing been subscribed. the necessary steps
were taken for Incorporation, and sub
sequently the defendant. with others.
subscribed an agreement binding
themselves to take the amount of stock
The herald., 1897-03-14
Objections Too Late

The judgment of the superior court
of San Diego county has been affirmed
by the supreme court in the suit of Mar
garet ]. Barry, as Administrative, appel
liant, VS.. St. Joseph's hospital and sani-
tarium of the Sisters of Mercy.
The plaintiff. as Administrative of the
estate of John NJ. Little, deceased.
brought action to have a deed of three
pueblo lots in San Diego, executed by
the decedent to the defendant in Febru-
ary, 1895, cancelled and set aside on the
ground that at the time of its execution
the grantor was sick and infirm and
mentally incompetent to do business,
and that there was no sufficient consid-
Grafton for its execution.
At the trial certain issues were submit
ted to a jury, and the court made other
findings and gave judgment in favor of
defendants. The plaintiff then ap-
pealed.
In February, 1896, the supreme court
finds that Little was sick in bed in the
defendants hospital. and was then in q
condition of imbecility or great weak
ness of mind; that the deed was pro-
cured by no undue influence; that the
consideration for the deed was not
grossly inadequate, and that at the time
the value of the property was $4,000.
The consideration for the deed was a
written agreement, under which the de-
fendant executed and delivered to Lit
tie its promissory note for $500 and
agreed to furnish him private room in
its hospital, and to support and main
tain him during his natural life furnish
him proper food give him care, nurs-
ing and medical attendance, and at
death provide a respectable burial of his
remains.
The court holds that, considering that
r11a int c1rHpiQnt =
ness in commencing the action, still it
does not appear that she restored the
promissory note received by Little, or
offered to pay for his board and care.
She cannot therefore, avail herself Of
the statute.
The herald., 1897-03-14
The Divorce Nj II

Mary F. Richards was accorded her
decree yesterday, by Judge Allen, di-
vorcing her from D. S. Richards, on the
grounds of desertion. 1t transpired that
the couple first married and got divorced
all in the space of one year. but deter
mined to remarry. The second venture
resulted in their remaining married for
about six years, when the defendant
skipped out and left the wife again to
get divorce from him for desertion.
The divorce suits of Craig vs. Craig and
ingalls, VS.. ingalls, were decided by
Judge Mckinley before his retirement
from the superior bench. but the decree
in either case was not signed through
dilatoriness on the, part of some one.
Yesterday Deputy District Attorney
McComas applied to Judge Allen tha,
he sign the DEGREES "nunc pro tune"
Virgil A. Wattell yesterday filed his
complaint in divorce against Anna Boyd
Wattell, on the ground of desertion
The herald., 1897-03-14
A Reasonable Verdict

In the action of R. H. Shoemaker, lr..
plaintiff and respondent VS.. D. d. Ac-
ker, defendant and appellant, carried
on appeal from Judge York's depart
ment, the supreme court has affirmed
the judgment of the lower court
The suit was brought to recover dam
ages in the sum of $35, 600 for an alleged
bneach of a written contract between
the parties. The jury returned a verdict
for plaintiff in the sum of $4,000, for
which judgment was entered, and de-
fendant appealed from the judgment
and the order denying a new trial.
In commenting upon certain of the
evidence objected to, the supreme court
says: I'm our opinion, the court below
did not commit error in admitting the
The herald., 1897-03-14
THE BIG MILL
A Description of the Fight by Rounds at Haz'
ard 8 Pavilion

The Los Angeles Turf club has secured
Hazards pavilion for Wednesday morn
ing when they will give full description
of the tt-Fitzsimmons fight by
rounds by a direct telegraphic wire to
the hall Complete returns as the big
contest actually progresses are assured
Those who will not be fortunate enough
to witness the event will no doubt gladly
avail themselves of the opportunity of
hearing the description by rounds at
Hazards pavilion. The admission is
only 25 cents and no extra charge is
made for reserved seats. Auction pools
will be sold at the Turf club, PIP Solth
Spring street. on the night before the
fight and also at the pavilion on the
morning of the contest.
The herald., 1897-03-14
THE SPENCER CASE
The Testimony Closes and Day Set for Ar
Qument

The Spencer case was resumed yes
terday in department. four. and the de-
fendant was again subjected to a pro-
longed crossexamination.
While much of her testimony was i'm
portant, it was so only in an indirect
way. Nothing further of startling ma
ture or sensational character was di-
vulged. Several witnesses were put up
on the witness stand to rebut certain
specific allegations of the plaintiffs, and
then the testimony closed.
Judge Van Dyke set next Tuesday
week, the 23d inst, when arguments will
open.
The herald., 1897-03-14
THREE AFTERNOON FIRES
The Department Responds AMI but Little
Damage Is Done

There were three afternoon fires yes
terday, although none of them resulted
seriously. The first alarm was sent in
at about 2:S0 from box 95. and the de-
partment turned out promptly only to
find a small brush fire which was soon
extinguished.
A telephone alarm was later received
from 1909 Council street A small fire
had started in the f1ue of cottage oc
cupied by a family named Everett. The
house was probably damaged to the ex-
tent of s20.
A gasoline stove explosion at the cor
ner of Pasadena and Hay streets had
set fire to the cottage belonging to a
Mr. Hogan. The flames were soon ex-
tinguished with loss to the property of
about S100
The herald., 1897-03-14
THE LAST RITES
The Funeral Services of X. n. Wade Thi
Af.ernoon-Intended Preferment

Af.ernoon-Intended Preferment
The funeral of K. H. Wade, the late
manager of the Southern California rail-
way, will take place from the home of
E. T. Earl, 1901 South Grand avenue, at
2:30 o'clock today. The services will b.
conducted by the Rev DR.. j. s. Thorn
son, pastor of the Unity church and all
friends are invited to be present.
Interment will be in the Evergreen
cemetery. The services there will be
CT private nature.
E. P. Ripley, president of the Santa
Fe road said yesterday: "At the mo E
ment of Mr.. Wade's lamented death he
was on the eve of perhaps the most i'm
portant promotion of his life. 1t was
our intention to appoint Mr.. Wade to
be general manager Of all the Santa Fe
lines west of Albuquerque"