davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-11-13
MORE RAILROAD REFUNDS
Two More Cases Where Money Was
Advanced for Government Lands

A decision was rendered by Judge AL
len yesterday in the suits of r. w. Poin-
dexter VS.. Southern Pacific Railroad
company, and Millard Canyon Water
company vs. the Southern Pacific Rail-
road company. The same questions had
to be decided in these cases as in the
two similar land cases passed upon
early in the present week with this
further contentious:
In these suits the plaintiffs did not
contract with the railroad company but
are assignees of such original contrac-
tors, and portion Of the money
was paid by the original party to the
railroad company, portion by the in
tervening assignees and a portion by the
present plaintiffs. 1t Is admitted that
the original parties assigned to plain
tiffs their contracts with all rights. and
it Is contended by the railroad company
that there being no default upon the
part of the company at the time Of the
assignment, no right of action against
the company was assigned; that only
present and existing rights were con-
templated and the California case of
Joyce vs. Shafer Is relied upon.
"That case" says the court, "only de-
termines that where one has made an
absolute contract to convey land upon
the payment of purchase money, and
subsequently conveys the same land to
another party before the expiration Of
the time for payment by the first con-
tracing party. this does not absolutely
put it out Of their power to comply with
their agreement; that they may there
after and before the time mentioned in
the first contract, procure the title and
carry out their contract. Hence it fol-
lows that a tender must be made Of the
balance of the purchase money before
bringing an action to recover the
amounts originally paid, or 1t must be
shown that at the time fixed for the
performance the vendor could not fur
nish the title. In these cases, however,
there was no absolute agreement to
convey, nor obligation to acquire the
title and convey, but simply to convey
upon the happening of condition which
1t has been determined could never hap
pen, to wit: the issuance of patent
under the grant"
Land suits Of this character very
many more Of which may be expected to
come before the superior court, par
take largely Of formal nature. BY the
decision Of the United States supreme
court vast amount of what had been
regarded as railroad land and what un-
der certain circumstances would have
really belonged to the corporation. re-
verted to the government. Ordinarily
speaking all settlers who contracted
with the railroad company for any Of
these lands and paid all or part of the
purchase price are entitled to have it
refunded.
The herald., 1897-11-13
Marriage Licenses

The following marriage licenses were
issued yesterday from the Office of the
county clerk:
LIE Roy Leonard, native of New York.
aged 25 years. and Ella A. Escher, ma
tive of Pennsylvania, aged % years, both
residents of Pasadena.
M. George Settle, native of Califor-
mia, aged 20 years, and resident of Nor
walk, and G. Laura Heatton, a native of
Indiana, aged 20 years, and resident of
Whittier.
Clyde G. Washburn. native Of Mich
igan, aged "a years, and a resident of Ar
tesla, and Jessie Thomson. native of
California, aged 20 years, and resident
of Duarte.
Frank T. Hall, a native of Massachu-
sets, aged 81 years, and resident of
Los Angeles. and Winnie e. Bowman, a
native of Nevada, aged 20 years, and a
resident Of Reno, Nevada.
The herald., 1897-11-13
I.xv Tr,1

Mary A. Byram, has been knocked out
by Judge York on demurrer.
The Black Hills bank went into liqui-
dation in December, 1893, became sub
ject to the control of the comptroller of
the currency of the United States. Jas.
H. Eckels was then comptroller and ap-
pointed plaintiff as receiver Of the bank.
At that time Mrs. Byram was stock
holder in the bank, owning six shares
of stock. In order to pay the debts Of
the corporation it became necessary to
enforce the individual liability of the
stockholders and an assessment was
made upon each one for $40 upon each
share of the capital stock. Mrs. By
ram was informed that the levy upon
her holdings amounted to $420, but she
refused to pay.
Through counsel she raised several
points, and among the others that 1t did
not appear that the comptroller Of the
currency ever had authorized the re-
ceiver to institute the action. Passing
upon this rather interesting point, Judge
York, in an opinion handed down, quotes
from the supreme court of the United
States, which says:
1.-The receiver is the instrument of the
comptroller; he is appointed by the
comptroller, and the power of appoint
ment carries with it the power of re-
moval 1t Is for the comptroller to de-
eide when it is necessary to institute
proceedings against the stockholders to
enforce their personal liability, and
whether the whole or part-and If only
a part how much-shall be collected.
These questions are referred to his
judgment and discretion, and his deter
mination is conclusive. This
action on his part Is Indispensable when
ever the personal liability of the stock
holders is sought to be enforced, and
must precede the institution Of suit by
the receiver. The fact must be distinctly
averred in all such cases, and, II put In
issue, must be proved"
In another case the United States
court is quoted with regard to obtain
ing the comptrollers permission by
the receiver before instituting suit. The
court then said:
stockholders are not ordinary debtors
of the bank, but are rather in the light
of creditors. Their stock being re-
garded as liability, they are entitled to
all the surplus that remains, If any
debts. They are only conditionally
liable for those debts after all the ordi
nary resources of the bank have been ex-
hausted, and they ought not to be pros
ecuted without due regard to the cir
cumstances Of the case The determi-
nation on the part of those charged with
winding up the affairs Of the bank to re-
sort to this ultimate remedy requires the
\
ceiver ought not to take it upon himself
to decide so important question with
out referring to the comptroller under
whose direction he acts. Although it
is his duty to collect the assets of the in
stitution he does not distribute them,
and cannot ordinarily know, without
reference to the comptroller, whether a
prosecution of the stockholders will be
necessary or not"
With these decisions before him, Judge
York sustained the demurrer.
The herald., 1897-11-13
THINGS RATHER MIXED
How vasolo Fought His Case and Has
a Good Chance Left

About the court house, as elsewhere
lbout the city yesterday, the fact of
Durrant having obtained another re-
rieve was common topic Of CONVEX
Iation. But while every technicality
Ind every resource that the law allows
8 being exhausted in the effort to at
east prolong Durrant's span of life,
light here there has been illustrated
low shrewd attorney may keep his
Aient fr0m being landed in the peniten-
larry.
Yesterday the case of John Vasolo.
convicted under special section of the
ltatute with having burned down his
home for the purpose of defrauding an
insurance company. was mentioned.
For months that case has been fought
through the court and even now 1t is on
Ippeal to the supreme court
When Vasolo was first informed
tgainst he was charged with arson and
lpon motion of his attorney the infor-
nation was set aside for the reason that
man Is not guilty of arson when he
vurns down his own home. When the
iecond information was filed that doc
lment failed to set out specifically that
Fasolo was the owner Of the property
nat he had attempted to burn down,
ind. SO that information also was set
side. When the third information was
lied It stood fire. A demurrer was over
uled, motion to set aside denied, and
! motion to dismiss, on the ground that
he defendant had not been brought to.
rial within the sixty days prescribed
W statute, was also denied. Then came
he trial when Vasolo was convicted and
ater sentenced to five years at Folsom.
Vot only Attorney Crawford, but other
ttorneys who have expressed them
elves upon the merits of the case, be-
leve fullx that the supreme court will
eyerse the decision. This for several
easons, but mainly upon the ground
hat 1t was never shown at the trial
nat Vasolo had tried to defraud an
Insurance company, the specific charge
lgainst him. In the courts instructions
o the jury 1t was conceded, first, that
man had perfect right under the
aw to burn down his house II he SO
lesired. People might regard him as
razy, but he would infringe no law by
p doing. Secondly. 1t was held that
lothing detrimental to the prisoner
puld be inferred from the burning Of
~ houae. It d characteristics Of hu-
The herald., 1897-11-13
THE HOLINESS BAND
The Deprivation Of the Name Does
Not Kill the CORPORATION

For some time past the Los Angeles
holiness band has ventilated it's griev-
ances in the law courts; indeed. there
were two holiness bands in the field, the
one suing the other and each contending
1t was the only Simon pure organization.
Each one had interest In thus contend
ing, for the premises on Fourth street
are of considerable value and belonged
to the holiness band that might be judi
cially determined to be entitled to the
name.
Yesterday Judge Shaw handed down
an opinion In the suit Of Walton ct al.
VS.. Hupp ct al, which is side issue to
the above series of suits. This latter ac-
ton was one on an injunction bond CIV
en- to obtain a restraining order in the
case of Los Angeles Holiness Band VS..
Spiers ct al. During the pendency of
that action, and before final judgment,
that order was dissovled, and this pres
ent action was to recover, as damages.
the fees alleged to have been paid to
an attorney for his services in obtain
ing the dissolution of the restraining Or
der.
The defendants upon the trial object
ed to one Of the plaintiffs, the corpora
tion known as the Los Angeles Holiness
Band, continuing to prosecute the case,
on the ground that since the beginning
of the action decree of court had been
rendered enjoining the corporation from
continuing to use the corporate name.
To meet this objection the plaintiffs
amended their complaint striking from
the list of plaintiffs the name of the Los
A uoJinocc Rand and hv o11epinu
that the plaintiffs are the members. and
the only members, of the corporation OF
that name, and that they sue on behalf
of themselves as individuals and also on
behalf of themselves as members of the
corporation, to assert the rights of the
corporation. 1.-THE decree of injunction
referred to-" says Judge Shaw, while it
restraints the corporation from using the
corporate name. does not purport to
prevent the corporate body from assert
ing it's rights. While 1t may not be al
lowed to do so in the name of the corpo-
ration, yet the body has a legal exist
ence, and as the name cannot be used to
assert these rights, the members have
right to maintain an action in their
individual names as members of the cor
poration, and in such an action to re-
cover any rights or property which may
be vested in the corporation. The decree
does not destroy the corporation, nor
deprive 1t of it's rights, but simply pre-
vents it from using name which would
be injurious to another corporation hav-
ing the same name.
After an examination of the other
points raised, all Of a technical nature.
the court found for the defendants and
Judgment will be so entered.
The herald., 1897-11-13
COURT CALENDAR
Cases to Be Called in the Departments
Today

Iooay
DEPARTMENT ONE-Judge Smith.
(241S) l.. Winch, assault with deadly
weapon; trial.
(2443) Vincente Sepulveda; hearing.
CAD All Lucy; appeal
DEPARTMENT TWO-Judge Clark.
Nothing set.
DEPARTMENT THREE-Judge York.
Nothing set.
DEPARTMENT. FOUR-Judge Van Dyke.
(2S,694) Meloy VS.. Meloy.
DEPARTMENT FIVE-Judge Shaw.
Nothing set.
DEPARTMENT SIX-Judge Allen.
Nothing set.
TOWNSHIP COURT-Justice Young.
Craig VS.. Munson, trial; 1870 p. m.
People VS.. Davis $3.50 a. m.
Wagner VS.. Phelps ct al, demurrer; $3.50
q. M.
Fisher vs. Farmer, supplemental pro-
ceedings; II a. m.
The herald., 1897-11-13

mission due for the sale of defendants
business on Stevenson avenue for $4,000
to r. L. Freeman.
Ethel West, by r. D. List, her guard
ian, VS.. Rice BrOthers-A suit to re-
cover $4,000 for injuries sustained by
reason of the negligence of defendants.
The herald., 1897-11-13
THE SUPREME COURT
A Case Bearing Upon Justices and
Constables Fees

In the case Of Joseph s. Westerfield,
respondent, VS.. county of Riverside, ap-
pellant, certain points are decided Of
interest to county justices. The suit was
brought to recover fees of constables or
Justices from the county. The county
claimed that the board of supervisors
could reject claims for fees to be obtain
ed for the issuance of warrants not first
approved by the district attorney. The
plaintiff won in the lower court and the
supreme justices agree that the provi-
sion of the act Of 1896 establishing fees,
which provides that district attorneys
supervision over Justices fees is void
in being unconstitutional, is in conflict
with section II, article 1, providing that
all laws Of a general character shall
have uniform operation.
The herald., 1897-11-13
Quite a Reduction

After being out four hours, the jury in
the damage suit of Babcock against the
Los Angeles Traction company, to re-
cover $4,000, returned into court with
verdict in favor of the plaintiff for $49O.
The jury stood nine to three, and it is un-
derstood that among the nine who found
the verdict the amount was arrived at as
a. COMPROMISE.
The herald., 1897-11-13
Free holiday GIT Until Dec. a5,

Free Holiday Gift Until Dec. e5th
With each SOC sale. enamelled stick pin.
With each $1.00 sale, silver hat pin.
With each $3.50 sale, silver toilet article.
With each $500 SALE. silver souv'r spoon.
s. D. Bailey. jeweler and optician. 2O1
EoYt., Broadway.
The herald., 1897-11-13
A BANK CASE
A Receiver to Enforce Liability Must
First Obtain Permission

The suit brought by F. e. MacKin-
lay, as receiver of the Black Hills Ma
tional bank Of Rapid City, South Da-
kota, to recover S42o. with interest. from
Semi=weekly graphic., 1897-09-18
The Port Arthur Cyclone.

Rev. J. r. Carr has ieecived q very interesting letter from his son, Mr
 Will L. Carr, giving q very graphic description of Che Port Arthur tTex9 cyclone, Will says that every house in the new town was blown down or wrecked, and that during the tor nado the inhabitants had to leave their houses and flee to the prairies and lie down flat on the ground to escape the mad winds Win is very sangnine. however. and looks upon the cyclone Us a blessing in disguise, as it will result in the erection oi stronger and more substantial build ings, and he predicts that in three years Port Arthur will be one of the greate, grain ports in this country
Semi=weekly graphic., 1897-09-18
TO CURE DYSPEPSIA.
A New Remedy Which Win
 Do It.

Chronic dyspepsia is considered by many people to be nearly ii not quite incurable. No good reason can be given why they think SD except that perhaps they have tried various rem edies without much, if any benefit. But the progress in every branch of medicine has been such that among other things lasting cure for indi- gestion in it's chronic form as well as temporary has been discovered and is now placed before the public strictly on it's merits as Il permanent cure for all stomach troubles or diff entities with the digetive organs.
 This new treatment is called Stuart's Dyspepsia Tablets, being but up in tablet form so as to be easily taken and also to preserve its length of time.
 This remedy has produced sur prising effects iii the worst forms of indigestion, and in many cases where ordinary remedies failed to give even relief, Stuart's Dyspepsia Tablets have fully cured.
 The splendid results from using this preparation are owing to the idCt Nuht lN iS Rt Cpui tfA ftti't III htii0 ed for Dyspepsia and stomach troubles only. It is not a eure-all like so many advertised remedies, claiming to cure everything under the sun, but it is claimed it that is a certain cure for Dyspepsia and any one suffering from any form of indigestion cannot fail to get perna- nent relief and cure from it's use.
 It is SD prepared and the ingredi- ents are of such nature that when the tablets are taken into the stomach they digest the food no matter whether the stomach is in good working order or not. You get sustenance and strength to mind and body by reason of the food be- ing properly digested and at the same time the much abused stomach is allowed to rest and recuperate
 Notwithstanding the great benefits tn be derived from Stuart's Dyspepsia Tablets, the price is but 50c for full sized package and all druggists sell them.
 4 little book on Stomach Diseases mailed free by addressing the Stuart Co, Marshall, Michigan. 9-l5-l7-lS-1s
Semi=weekly graphic., 1897-09-18
WILL STAY AT HOME. GOV. JONES, HON. rH0s c. Me RAE AND SENATOR BERRY WILL NOT 60 NASH.
 VILE ON Ac.
 COUNT OF
 THE
YELLOW FEVER SCARE.

"The prospective programme to have been given at Nashville in ccle- bration ot Arkansas Day will be cut extremely short on account Of the yellow fever epidemic, says the Ar kansas BtmoeraG sGoY. Jones, Senator J. H. Berry and Hon. T. c. McRae at noon today decided to abandon the contemplated trip, it having been intended that the party should leave Little Rock this even ing. This course was adopted after mature deliberation, and consul ta- tion with some of the leading ollie ials and prominent citizens, Gov
 Jones considers thatit would be inimical to the interest of the State to leave at this critical period
 Should yellow fever break out in our midst during my absence, said Gov. Jones, q could but reproaeh myself for not being here to render what assistance possible. True, the State has no funds with which to combat the epidemic, bat should emergency require I would draw upon my contingent fund for the necessary expenses. do not desire that this acton on my part should alarm the people of the State, but it is my belief that in view of present circumstances t is imperative.
Semi=weekly graphic., 1897-09-18
PERMISSION TO KISS GIRLS.
A Married Male Teacher Granted the
 Privilege.

TOPEKA, KAs. Sept l6. The board of directors of a school dis trict in Butler county have granted the teacher, who is married man, pegmissioa to hug and kiss the girl pupils if he wants to. Com. plaint was made of the teachers ac. tiors, and the board decided that the teacher was guilty of no immor- al conduct. He was then re-em. ployed for another year, but some of the patrons are obieeting aud are making a demand for some other teacher.
Semi=weekly graphic., 1897-09-18
Frightened the Camdenites.

Mr. Eugene Fies, of this city, caused quite 8 furry of excitement at Camden last night. He was taken suddenly sick with dysentery at a hotel in that city, and it soon be- came rumored that he had yellow fe- yer, and the people were almost panic stricken until the true condi- tioH of the sick man was learned.
Semi=weekly graphic., 1897-09-18

Hon. James Hasley, who is mnk- ing n tour of the State in the interest of the Arkansas Gazette's Confeder- ate monument fund, is in the city to- day soliciting subscriptions to that fund. It is the purpose of the Ga zette and Col Hasley to secure enough money by private subscrip- tions to erect in the State House yard at Little Rock Q large and handsome monument to the mem- ory of the Confederate dead in this State. This is q !audable and com mendable effort on the part of the Gazette and Col Hasley, and we trust that all of our citizens who can afford to do so, whether ex-Conied- crates or not, will subscribe llberally to the fund. The brave dead should not be neglected.
Semi=weekly graphic., 1897-09-18
TWO ACCIDENTS.
Boys Get Their Hands Hurt a6
 Bluff City Mill.

Yesterday morning Calvin, a son of Mir Scott Cross, who is employed at che BluH City Mill, had one of hls fingers badly cut in a piece of at the mill.
 On last Monday John Vance, q son of Mir w. D. Fauce, had the end of one of his fingers clipped aii in q at the same place.
Semi=weekly graphic., 1897-09-18
COAL MINERS ACCEPT THE SIXTY. FIVE CENT RATE AND
 RESUME OPERATION.
THEY LOST HEAVILY
The Fight Against the De Armits Will Be Contlnued-W Working Miners Assessed for That
 Purpose.

PITrsBuRd, Pa, Sep. 16-After nearly three months idleness, be- tween 15, GOO and 5000 coal miners in the Pittsburg district returned to work yesterday ia accordance with the acton at Wednesdays con ven tion authorizing the men to re sume in all the mines complying with the provisions of q scale of 6 cents, adopted at Columbus. The remainder of 23, GOO miners of the district will be at work before the close of the week It is estimated that tfe strike, which lasted sixty five working days, cost the people of Pittsburg district $5,000,O00 to $7 900, GOO, of which amount the miners lost about g, 25O, 900 in wages. The strike agalnst the De- Armits will continue indefinitely, arrangements having been made to assess the working miners per cent of their wages to defray the ex penses of keeping up the fight until the 65-cent rate is made uniform throughout the district.
 A special to the Record from HazeIton says; Originating as it did in a petty disagreement between the Lehiah and Wilkessearre Com pany, mule drivers and employers, this strike has been one of the most peculiar ever inaugurated in the re- zion. The miners have no organiza- ton. In many instances they do not know exactly for what they struck, except they felt they had been unfairly treated and wanted more pay. "a 90 per cent of the idle eollieries they are at loss to say how much they want; in such cases they quit work without even asking for an increase.
 aIr. John Sennett came np from Cornerstone this morning to pay his Pine Riuff frtsnfis yielt.
Semi=weekly graphic., 1897-09-18
COTTON.

The price of cotton declined several points in the markets today. Iu this city the staple brings from 6 to 6h cents per pound, owing to grade of staple.
 At o'clock today (FridaS) the board of trade gave future quota tions in New Orleans as follows;
 January, 6.36; Feb. 6.3S; March, 6.4l; Sept. 6.68; Oct, c.26; Nov G.3O; Dee. R.32
Semi=weekly graphic., 1897-09-18
MARRIED.

G-WARRINGToN In Pine BlGff, Arkansas, Wednesday evening. September h, 1897, at the home of the brides parents, Miss EVA STRONG to Mir. W. 4. WARRINGTON, Rey.J F. Carr officiating.
 The bride is the daughter of Mir. F. A. Strong, highly respected citizen of East End, while the bridegroom is machinist i'll the employ of the Cotton Belt Shops.
 The GPAPHIC extends best wishes and congratulations.
Semi=weekly graphic., 1897-09-18

My boy came home from school one day with kis hand badly lncer- ated and bleeding. and suffering great pain, says MT F. J Schnll, with Meyer Bros. Drug Co.,, St. Louis, Mo. s'I dressed the wound, and applied Chamberlain's Pain Balm freely. All pain ceased, and in remarkably short time it healed without leaving scar. For wounds, sprains, swelllngs and rheumatism I know of no medicine or prescription equal to it. I con- sider it household necessity. The 25 and 50 cent sizes for sale by ". l.. DeWoody X Co. Druggists.
Semi=weekly graphic., 1897-09-18
4 LITTLE GUN PLAY.
It Costs Constable Case B5, and Mir.
 C. D. James $5O

In Main street saloon about ll o'clock last night, Constable Case, oi Springs township and Mt G D. James, of this city, had slight dis. turhance. The Constable struck Mir James and the latter"drew his sgun, This morning hoth parties we Q he fore the police coHft and the Con stable was fined S5 for disturbing the peace and MT James was fined $50 for carrying and drawing a pistol. Mr. James took an appeal oi his ease to the fircult Court.
Semi=weekly graphic., 1897-09-18

For the occasion Of the St. Louis Exposition, September sth. to Octo- Der 23rfi., 1897, the Iron Mountain Railway, commencing September 7th. and continuing until October 2lst., will, on Tuesdays and Thurs days, sell tickets to St. Louis and return at the low rate of Sl5.4S. Tickets limited for return (7) seven days from date of sale.
 1T. B. Mizell, Agt.