davidaulloa/AmericanStories huggingface dataset:
The record-union., 1897-10-12
The Supreme Court Renders an I'm
pOrtant Decision,
Affects Almost Every Municipality in the
State.
Establishes the Principle That the
Action of the Governing Body
of a Municipality in Fixing
Water Rates Is Final and With
out Appeal.

SAN FRANCISCO, Oct. 1.-THE Su-
preme Court on Saturday rendered an
important decision, given out to-day,
reversing a decision of the Superior
Court of San Diego County, and estab-
fishing the principle that the action of
the governing body of municipality in
fixing water rates is final and without
appeal.
in accordance with the Constitution
and the Act of the Legislature of 1881.
the Town Council of San Diego passed
an ordinance in February, 1890, regu-
lating the charges to be made by the
San Diego Water Company. This ac-
ton was taken after a full investigation
Of the cost of construction and mainte-
nance of the company's plant The
water company made no legal objection
until the ordinance had run its life and
the rates established by the Council had
been collected for the year 1S9O-9l 1t
then brought action against the mem
bers of the legislative and executive de-
partments of the municipality to annul
the ordinance and enjoin its enforce
lnent The Superior Court gave judg-
ment for the water company, declaring
the ordinance void, and enioining its
enforcement
The city Of San Diego appealed to
The Supreme Court, which has decided
that the judgment of the lower court
must be reversed, and the case remand
ed for a rehearing to the Superior Court
of San Diego County.
The decision which was written by
Justice Van Fleet was concurred in by
the other Judges with the exception of
Chief Justice Beatty, who fled dis
senting opinion.
The Supreme Court takes I'D at length
each finding and contention Of the lower
court. and, while it comedies that actual
confiscation of property cannot be made,
at the same time the power given to the
legislative body of city by the Con-
stitution and through the Legislature
cannot be questioned.
The gist of the decision is that the
Constitution gave authority to the Leg
jslature to pass an Act empowering the
municipal council to fix water rates,
and made no provision curtailing that
power. 1t is held that 31a per cent. is
above the rate commonly secured by
stockholders of similar corporations.
Such being the case, there was no con-
tscation of property in the act of the
Council of San Diego in lowering the
rates.
This decision affects every munich
pality in the State where water is fur
nished to the inhabitants by person or
corporation.
The record-union., 1897-10-12
RACE WAR IN ILLINOIS.
The Trouble Over the Alton Pub
lie Schools Breaks Out Afresh.

ALTON Qll.) Oct. 1.-THE race wat
at the Alton Public Schools broke out
afresh this morning.
Last week the colored people ceased
sending their children to the schools for
the whites, supposedly awaiting a de-
cision from the courts. The police
guards accordingly were withdrawn.
This morning the colored children ap-
peared, and, with a rush, overpowered
the janitor, struck the lady principal
down, and took seats in the school. The
police We're summoned and elected
them. and school was held the rest Of
the day with the police guarding the
doors.
The Board of Educa ton will this
week appoint a truant officer who will
attempt to make the colored children
attend the schools especially set apart
for them. Serious trouble seems i'm
mfnent, as the colored parents are per-
sistent in sending their children to the
white schools.
The record-union., 1897-10-12

only in mere life, but in larger powers,
more assured courage and loftier ambl-
lions. If the goal is finally reached,
what matters the bleeding feet. the
strained muscles and blinded eyes? Life
is a fight says the business man, and
goes on with his prospecting schemes,
bold with the courage that is the mem
DRY of past successes
"Bootless labors are terrible. and if
work itself was always hard and dis
tasteful life would be very bitter to
most of us. But it need not be so. There
is a way of getting a certain advantage
as we go along, so that if we miss the
aim we have set our heart on we shall
at least secure peace. Nature, who is
a kind mother, after all, as we'll as
rigid economist, has arranged that all
our movements which conduce TO any
certain end, and are an essential part
of a complete act, shall not only cost us
the minimum of discomfort, but shall
be actually agreeable, as gratifying that
sense of harmony and fitness that is in
nate in US
The record-union., 1897-10-12
LUETGERT TRIAL.
Testimony All in and the Final
Arguments Begun

CHICAGO, Oct. 1.-THE final argu-
ments have been commenced in the
Luetgert trial, and the case will be
given to the jury by the end of the
week. This, at least. is the expectation
of the attorneys. The defense expected
to-day to take up most of the session
offering sur-rebuttal evidence. but
some of the witnesses were not present
when their names We're called, and it
was decided that the case might as
we'll go on. Assistant States Attorney
McEwan began the opening address for
the State, and he will speak for two
days at least He will be followed by
Attorney Phalan for the defense, and
Attorney Vincent will close in behalf
of Luetgert. Then will come the clos
ing by the State, which will be made
by States Attorney Deneen.
The record-union., 1897-10-12
PLEASURE IN EXERCISE.
Every Effort That Brings a Sense
of Satisfaction Is Beneficial

In an article entitled "Grace and
Health" in the "Woman's Home Com
panion," Florence Hull Winterburn
says:
There is one law of health that needs
to be earnestly recommended to our
latterday disciples of physical culture
who are making hard exercise a hobby;
and not only to them, but to all tired
people, worn out bv conscientious en-
deavors to make their bodies keep up
with their energetic minds. The rule is
simply this: Every effort that is fol-
lowed by more discomfort than graft
fication is hurtful. An effort may be dis
agreeable at the moment, but pleasant
in reaction, either physically, as when
an enjoyable glow comes after a cold
plunge or mentally, in the exhilaration
following the overcoming of difficulties.
which is one of the most agreeable SEN
sations that can be experienced. But
any exertion that taxes either body or
mind more than it pays back in satisfac
ton takes away from the general Vi
tality. and consequently is destructive
to health and life.
This would seem at once to lay under
the ban much of our necessary work.
which involves efforts that no imagi-
nation can cover with a rose-colored
drapery. The monotony that is part of
ell business occupations, the drudgery
essential to the care of a household,
even some of the offices of the nursery,
tenderly as they may be regarded by the
eyes of love, are all things to be en-
dured and lived through for the sake
of the end, but hardly to be enjoyed in
the doing.
yet if the end makes I'D in pleasure
for the pangs of effort, memory swiftly
sweeps our trouble into the background.
and we are the better off for work that
has the germ of refreshment hidden
under hardship. The struggle for ex-
istence' is boon to the survivor, not
The record-union., 1897-10-12
Battle Between Settlers and Sheep
herderS.
Three Men Reported Killed and One Dan
gerOusIy Wounded.
All the Testimony in the Luetgert
Murder Trial in and the Closing
Arguments Begun - Expected
That the Case Will be Given to
the Jury by the End of the
Week.

DENVER, Oct. ia special to the
Republican from Pocatello, Idaho.
says:
News just received from Long VAL
ley, in Washington County, says there
has been a battle between the settlers
and the sheep herders there, and that
three men were killed and one danger
ously wounded.
Details are meager, but it seems that
fifteen of the settlers warned the sheep
men to leave the valley, and when they
refused made an attack upon them. The
first shot was fired by the settlers, and
a man named Barber was wounded
The sheep men then returned the fire,
killing three of the settlers. The rest
of the attacking party fled. 1t is
thought that Barber will die.
The trouble is the outgrowth of the
strained relations that have existed in
that section between the settlers and
sheep men for some time. officers
have left Weiser for the scene of the
trouble.
The record-union., 1897-10-12
RICH QUICKSILVER MINES.
Claims Located in Lane County to
be DeveIoped.

PORT TOWNSEND, Oct. 11.-Jacob
Behrman, who held on option on what
is known as the Black Butte group Of
quicksilver mines, located in Lane
County, Oregon, sixteen miles from
Cottage Grove, has succeeded in get
ting some capitalists interested in the
scheme, for the first payment has been
advanced and the deal closed.
That the mines are immensely rich
in quicksilver has been fully proven,
assays taken showing from 20 per cent.
to 10 per cent of pure mercury. while
some samples went as high as 10 per
cent. There are, so Behrmar asserts,
no less than 100000 tons of ore in
sight Development work on a mex
tensive scale will be started at once.
The record-union., 1897-10-12
SEAL CONFERENCE.
DR.. Jordan Going East to Take Part
in the Meeting.

PALO Alto, Oct. 11.-Dr. Jordan
left the Stanford University this after
noon to be present at the opening of the
seal conference at Washington October
23d. He viii join Commissioner ChaS.
S Hamlin and representatives of the
japanese Government, Shire Jujito and
Kakichi Mitsukuri in San Francisco,
and accompany them East. DR.. Jordan
says that the first consideration will be
for the preservation of the seal herd,
apart from the question of ownership.
Japan is ready to cooperate with this
Government in stopping pelagic sealing,
in hopes of recuperating its herd, which
does not exceed 200. It's destruction was
due to former pelagic sealing.
The record-union., 1897-10-12
New Silks.

Among them you will find the
newest designs, the prettiest
combinations of coIors, and
something suitable for n fancy
waist or an entire dress, either
for street OF evening wear.
There are also many designs es-
peciaI1y pretty for trimmings,
bodices, ETC., at a price sure to
make them populaP-S5c yard.
Roman stripes Will retain
their popularity through the en-
tire season, and are shown in
the most gorgeous colorings,
either in light effects or darker
com binations, and for style you
can find nothing equal. A waist
of one OF these may be worn
with either black or coIorcd
skirt Of cloth or silk.
The record-union., 1897-10-12
BIG STORAGE RESERVOIR.
One TO be Constructed Within a
Few Miles of Orovil1e.

OROVILLE, Oct. ia force of men
have been at work for some days past
at Hengy, eight miles from Oroville,
surveying for an immense storage res
e1-voir Other surveyors are at work
running a line from there TO the north
fork of the Feather River.
1t is understood that the purpose is
to bring a very large mining and irr1-
cation canal to Hengy, Morris Ravine
and OrOville.
The force of men employed is under
the control of the Golden Feather Com
pany (Limited) This company an Eng
lish syndicate, owns the Feather River
mines the forty-stamp quartz mill
known as the Banner mine, the Clark
and Coffee mine and others. They have
unlimited capital to build the canal.
The record-union., 1897-10-12
A Woman Missing.

SAN JOSE, Oct. IL. - Mrs Annie
Hughes disappeared from her home in
Calaveras Valley, fourteen miles from
here, last Wednesday, leaving a note
intimating that she was going to take
her life. Officers searched the sur
rounding gulches to-day, but were un-
able to find her body or learn anything
as to her whereabouts. Hughes and
his wife quarreled frequently, and
neighbors are divided in their opinion
as to whether the woman has commit
ted suicide or has been murdered.
Hughes did not report the disappear
ance Of his wife until to-day.
The record-union., 1897-10-12
Q,,IT:I:II:z: z

"s-DAY MALARIA CURE" FOR MA
laria chills and fevers, 75c bottle.
"Ott's' Liver Pills Cor biIiousness. con-
situation, etc, &c a bottle.
s'Ott's'' Liver Cure, for the liver, stom-
ach and bowels. Price. SOC a bottle
~Ott'z'' kidney Cure, for the kidneys
bladder, urinary and genital organs
Price sec a bottle.
"Ott's'' Cough Cure, for coughs. colds
hoarseness, etc. Price, 25c q bottle
sOtt'ga Blood Cure. a sovereign remedy
in all cases where u true Alternative IS
outs" Carbolic Ointment. the best
known for all sores and skin diseases
Price, Csc.
'sott's" Corn Cure, easily applied: for
corns and bunions. Large bottles. 25c
OTIS Toothache Drops. stops tooth
ache instantly. Price, 25c.
"Ou's'' Foot Powder, for tired. sore
fetid. swollen. sweating and aching feet
Per box, 25c.
otis" Catarrh Balm, for catarrh. cold
in the head hay fever. etc. Price per jar.
FRANCIS S. OFT.
Manufacturing Druggist. 200 K street,
south side Second and K, Sacramento.
M
The record-union., 1897-10-12
A Promoter of Peace.

Foreign papers say that NJ yerest-
chagln, the Russian painter, whose pic
lures of the horrors Of war and espe-
cially of the Indian mutiny are widely
known, will probably be selected as
the first candidate for the Nobel prize
at Stockholm. Although the prize is
given from the funds left by the in
ventor of explosives, it is offered as an
incentive to 1.-The propagation of pacific
ideas" The German Emperor once re-
ferred to Verestchagin's works as ''the
best assurance against war
The record-union., 1897-10-12
At 81 yard.

4S-inch Black Drap d Etc,
that handsome black satin-fn-
ished dress fabric you have read
about in the fashion Journals.
The most fashionable, stylish
and serviceab1e goods to be
found this season. This fabric
vies with the richest of satins
in appearance and finish, and
the valuation far exceeds any
thing heretofore shown at 81.
The record-union., 1897-10-12
Burglars at Santa Rosa.

SANTA ROSA, Oct. IA number
of burglaries have been reported ever
since District Attorney Sewall's house
was robbed Saturday night. In most
cases only small amounts were secured.
Word was received here this afternoon
that George Campion was held up on
the Petaluma road by masked highway
men on Sunday night about l. o'clock.
The robbers only secured about 81.
officers are still securing the country
for the men who robbed Sewalrs house.
The record-union., 1897-10-12
The Coptic Has a Narrow Escape.

SAN FRANCISCO. Oct. 1.-THE Oc-
cidental and Oriental steamship Coptic
running between San Francisco and the
japanese and Chinese ports, had mar
row escape in a collision at Kobe Har-
Dor, Japan. three weeks ago. The Cop
tic was entering the harbor there when
the japanese vessel, the Minatogawa
Maru, ran into her. The Coptic had
several of her plates stove in, and the
other vessel had her stem twisted. The
Coptic is now on her way back from
HOngkOng.
The record-union., 1897-10-12
Sale of a Mariposa Mine.

SAN FRANCISCO, Oct. 11.-Prince
Poniatowski and his associates in the
California Exploration Company closed
a deal ON last Friday by which they
came into possession of the Virginia
mine, in Mariposa County. The gem
tlement declined to give the exact pur-
chase price, but the figures are in the
neighborhood of 100000. The Vir-
ginia is the fourth mine Prince Poni-
atokski and his associates have bought
in Mariposa County, and with one in
Tuolumne and seven in Calaveras Coun-
ty they are now actively engaged work
ing twelve gold mines.
The record-union., 1897-10-12
New Boat for the Yukon.

Dan FRANCISCO, Oct. 1.-THE Jes-
uit Fathers are preparing to build a
new ship for the Yukon River to re-
place the one they formerly had, but
which at the time of the rush a few
months ago was purchased by miners
as a last means of reaching the gold
fields. The new vessel is to run up the
Yukon between the Catholic missions.
1t Will be ninety-two feet long and
twenty-five feet beam. 1t will be call
ed the st. Joseph.
The record-union., 1897-10-12
Train on the Valley Road Wrecked

FRESNO, Oct. 11.-This forenoon a
mixed train from Visalia over the Val
ley road was wrecked just south of
Reedley. Last Saturday some work.
men filled in an old ditch which cross
ed the track, and when the mixed train
reached this point two cars, one loaded
with sheep and another with merchan-
disc. were thrown from the track. Many
Of the sheep We're smothered. The pas
senger coaches We're not injured.
The record-union., 1897-10-12
TRIAL OF WELBURN.
Defendant Denies That He Reeeiv-
ed Part of Anyone's Salary.

SAN FRANCISCO, oct. 1.-THE de-
Tense in the case against Q. Nj. We'll
burn. the deposed Collector of Internal
Revenue. opened to-day with an as
sauIt of the reputation of Thomas
Sinnot. one of the principal witnesses
for the prosecution. number of
prominent citizens testified to the rep
utation borne by the defendant prior
to his arrest, and then Welburn took
the stand in his own behalf. He denied
The record-union., 1897-10-12
A Child Fatally Burned.

SAN FRANCISCO. Oct. 11.-Hulda
Johnson, a 5-year-old girl, was terri
bly, burned to-day in a grass fire on
Bernal flights, on the outskirts of this
city. She was caught by the flames,
which had been set by boys, and before
help reached her was blistered from
head to foot. Little Hulda died this
evening from the effects of the burns
she received.
The record-union., 1897-10-12
Black Dress Goods.

The selections in this line have
been of the most painstaking.
We guarantee satisfaction to
every purchaser, as we show
none but fast silk blacks,
whether soc or So per yard,
and here you'll find many rare
novelties, which cannot be du-
plicated.
The record-union., 1897-10-12
A Custom-House Official Removed.

SAN FRANCISCO, Oct. III. D.
Gibbs. assistant cashier of the Gus
tom house, was removed to-day by
Collector Jackson, and B. F. Small, a
fee clerk, was promoted to the posi-
ton Gibbs is associated with ]. j.
Groom in the management of the Ma
tional Athletic Club, and it is said
that the Collector does not deny that
in communication from Washington
the occasion for the ex-cashiers re-
moval was specified. Gibbs will ap-
peal to the Civil Service Commission
to learn the exact charges against him.
The record-union., 1897-10-12

nance fixing licenses for tape games,
nickel-in-the-slot machines and bucket
shops. At the meeting tonight the
City ATTORNEY submitted report in
which he declared that all these were
gambling devices, and that any ordl-
nance imposing licenses for them would
be void. He further intimated that any
member of the Council voting for the
passage of such an ordinance would be
guilty of a criminal act.
The record-union., 1897-10-12
Doctors Will Get Their Money.

SAN FRANCISCO. Oct. II. = The
heirs of the estate of the late Senator
Fair to-day entered into stipulation
with Drs. Miner, Livingston and Ros-
enslern TO pay them 81, 700 for holding
the autopsy on the deceased million
aire. out of the first money that comes
in from the estate. This disposes of
a suit brought by the physicians to
recover 81. 80 for their services.
The record-union., 1897-10-12
A College of Commerce.

SAN FRANCISCO, Oct. 1.-THE
question of the establishment of Col
lege of Commerce in the University of
California was considered this after
noon at a meeting of a special COM
mittee of the Regents. Professor Moses,
who has just returned from the Orient.
described the existing conditions of
trade in China and Japan and their re-
ations with this country No decis-
ion was reached, but a report viii be
made in the near future to the full
board
The record-union., 1897-10-12
Fatal Mine Accident.

BUTTE (Mont.), Oct. 11.-Joe Wallace
was instantly killed and David McEvoy
fatally injured tonight at the ST. Law
renee mine. The men were miners,
and We're coming up on the cage. The
engineer failed to stop the engine, and
the cage was carried up into the
sheaves, throwing both men off. Wal
lace's neck was broken.
The record-union., 1897-10-12
Twenty Years for Arson.

SAN FRANCISCO, Oct. 11.-Fong
Ong, a Chinese recently convicted of
arson, for having set fire to tenement
house on Clay street on April Both last,
for the purpose of collecting $500 insur-
ance, appeared before Judge Carroll
Cook to-day to receive sentence. and
was ordered imprisoned at San Quentin
for the term of twenty years.
The record-union., 1897-10-12

the allegations of the prosecution. and
made very plausible statement to the
effect that he left all the arrangements
with regard to the payment Of his dep
uties to his Chief Deputy, Louis Loupe,
and knew nothing of them. He denied
that he received one dollar of any ones
salary, or that he authorized Messen-
ger billiard to sign checks or vouchers
for him.
The record-union., 1897-10-12
New Trimmings.

Fashion favors braid trim
Inings this season above all 9TH
ers. We show a most cOmpre-
hensive line in both plain and
loop style, as well as in sets Mil
itary, Soutache and Hercules in
various widths; also sets in vari-
Gus styles and at various prices.
The record-union., 1897-10-12
Body identified.

committed suicide by taking prussic
acid yesterday near North Berkeley
has been identified as Otto Mann, a ma
tive of Stuttgart Germany, where, it
is said, his father is a physician of
means.
The record-union., 1897-10-12
At soc ward.

46-ineh Black Henrietta, a
rich si1k-fnished dress goods of
superior quality and weight, and
is considered one of the most
desirable fabrics for the present
season. Measures full 46 inches
and is all pure wool. A regular
Use value for soc yard.
The record-union., 1897-10-12
A Bank Teller Arrested.

HALIFAX IN. FL, Oct. 11.-Willis
A. Trask, the fugitive teller of the First
National Bank of Wallingford, Conn.,,
was arrested here this afternoon.
Trasks embellishments are said to
amount to $4,000.
The record-union., 1897-10-12

81 hab noticed" said Uncle Eben,
"dat err man can allus fin people ter
buy liquor fur i'm ontell he gifts so run
down dat his system actually feels the
need oh it. Den dey tells i'm he orter
be ershamed OBJ hisse'f. Washington
Star.
The record-union., 1897-10-12
At 35C ward.

3S-inch All-wooI Cheviot
Serge, a durable dust-sheddiAg
fabric, popular for it's depend
able qualities, anG q most ex-
cellent fabric for your fall and
winter suits, for outing or ordi-
nary wear, and value unex-
celled at the price-35c per yard.
The record-union., 1897-10-12
BITS OF FUN.

'Well, what have you to say to the
charge the officer makes?"
You see-um-er-''
Come, come-speak up
"Give me time, Jedge; give me time"
"All right; six months! Call the
next case"
The record-union., 1897-10-12
Suicide at San Francisco.

SAN FRANCISCO, Oct. IA. Reno,
a farm hand from Bakersfield, commit
ted suicide by shooting himself in the
right temple at the Lick House shortly
before l o'clock this CTuesday) morn
ing. He had been drinking heavily.
The record-union., 1897-10-12
Artist-That is my last picture.
Visitor-That's a comfort.

Rangler Raggles Ito landowner who
permitted himself to be drawn into an
argument as to his ownership of the
land on which Mr.. R. r. has trespass-
ed)-So this property was handed down
to you by your forefathers, who fought
for 1t q hundred years ago? All right.
But it's time there was another fight
for it. Take off your coat
The record-union., 1897-10-12
Suspected Stage Robber Arrested.

SAN FRANCISCO, Oct. 1.-THE po-
lice tonight arrested man suspected
of being one of the Ukiah stage rob-
hers. He answers the description OF
one of the criminals, but the authori-
ties refuse to give out any information
regarding him.
The record-union., 1897-10-12

A little girl who had told lie was
escorted to her bedroom by her moth
er and told to ask God to forgive her
for her sin. This is what the listening
mother heard: "Oh, God, thought you
could take a joke. Life.
The record-union., 1897-10-12

An old librarian, unable to find his
umbrella one evening when it was
time to close, returned and looked anx-
iously for it in the card catalogue, I'M
der the letter U.-Household Words.
The record-union., 1897-10-12
Saved.

The policeman collared the scorcher.
''Here!" he exclaimed, '4you-Hello.
you ride the same make of wheel do,
You'd better pump up that front tire
a little. It's too oft."-Chicago Tri-
bune.
The record-union., 1897-10-12

He-I dislike to see a woman stand
ing up in a street car.
She-Yes; I've noticed you manage tC
get a newspaper in front of you a.
such times-Yonkers Statesman.