davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-02-06
THE SURETlES RESPONSIBLE
For the Deficiency on Foreclosure to Am cunt
Of the Bond

Of the Bond
The supreme court decision in the
case of Matthew B. Ogden, PLAINTIFF and
appellant, VS.. E. j. Davis and w A.
Hay, defendants and respondents car
ried up from the superior court of Riv-
erside county, was received yesterday.
The plaintiff had obtained judgment
in the superior court against c. E. Pack
ard in an action to foreclose mortgage.
Packard prosecuted an appeal and gave
an undertaking for damages and costs
and to stay execution, with defendants
as sureties. The judgment was affirmed
upon appeal, and this action is prose-
cuted against the sureties upon the I'M
dertaking. Plaintiff suffered non-suit,
and appealed from the judgment.
The complaint charged in two causes
OF action the one for damages in the
sum of $1,000 for waste suffered upon the
land and premises, the other for a de-
hciency, in the sum of $S, 5S4 05 remain
Ing after sale of the mortgaged prem
ises
The complaint followed the mortgage
and described the land as ''lot 264 of the
lands of the Riverside Land and Irri-
cation company, etc" Upon the trial
it was made to appear that the descrip-
tion was erroneous, and that there was
no lot 264 of the company, but that
there was lot 2G4 of the lands of the
OoutHell SdllloGNa colony aSSOcla
ton. The description, however, hal
never been reformed, and was followed
throughout in the decree and foreclos-
ure sale.
The defendants grounds Of motion for
non-suit We're that waste was not
shown to have been committed upon the
lands described in the bond; that no
order of the court fixing the penalty for
deficiency was shown to have been
made; that the penalty therein men
toned is confined to waste: that as to
deficiency the bond is not such as is re-
quired by the code Of civil procedure
and that the bond was without consider
alton and void in that it did not in ef-
feet stay execution upon the Judgment
during the pendency of the appeal
The supreme court holds that the first
ground Of non -sl;-tyiz. that the waste
was not shown to have been comrnitfo1
upon the lands described in the bond
was well taken. Sureties upon such an
obligation, it is well settled, are entitled
to stand upon the express terms of their
agreement, and are never implicatal
beyond those terms. 1t is not permitted
as against them to suffer anything ia
be done which will change or vary the
known and definite risH which they as .
sumed in entering upon their contract.
1t is frequently said that they are IA
vorites of the law, and have a right to
The herald., 1897-02-06
Vailee de France

Vallee de France lodge, F. and A. M
U. D.. held it's first stated meeting in the
Masonic Temple. Hill street, on last
evening. The elected and appointed
officers of the lodge are as follows:
Louis Henry Billaude, worshipful mas
ter; Armand Cazeau, senior warden
Scipion Vial, Junior warden; s. George
Lacour, treasurer; Ernest Fleur, secre-
tary; Frank r. Puissegur, senior dea-
con; Andrion Talk. junior deacon; FAul
Racques, marshal; Louis Cugnier, stew
ard; M c. Fordham, tyler.
The herald., 1897-02-06
Judge Clark Regarded as cupid's "Right
Bower

Judge Clark Regarded as Cupid's fright
Bower
1t is an old saying that whatever fig
ure a man may cut after marriage, be-
fore and at the ceremony he does not
shine to advantage This may or may
not be true; certain it is that in the very
earnestness of some men, in their anx-
iety to save the feelings of their in
amorata-anG if their pockts at the same
time so much the better-there is touch
of the ludicrous.
The following letter was received by
Judge Clark few days ago 1t would
seem as if the writer's education had
been somewhat neglected but inasmuch
as it was evidently written with bona
fide intent, the writer's name is not
given:
Hon. Probad Jugge
Dear Sir
1 am dropping
this two lines of be kind to and let me
know by asking question. AS intend
ed to marry, mais be in week or so, and
l like know as have not much money to
spare how much it would cost me to get
my lisence of matrimony, and also If it
could be done without having it so pub
lished on the newspaper or not, as the
parents of the girls would IKE to avoided
if it is possible to do so.
Now then dear Sir please make this
favor as soon as you can.
Respec fully yours
The herald., 1897-02-06
THE HOLLENBECK CAFE
Opinion Handed Down by Judge Van DYKE
Favori lg the.Pla n fl

The Hollenbeck cafe case was decided
yesterday by Judge Van Dyke and in the
opinion handed down judgment is given
in favor of A. c. Bilicke, the plaintiff in
the suit
The action of A. c. BiIicke against ].
e. Aull ct al was brought upon a note
secured by a chattel mortgage covering
personal property in the Hollenbeck
cafe. The defendants, other than Aull,
the mortsagor, contesting the action,
are creditors of Aull The note and
mortgage were given on April l, 1895, and
The herald., 1897-02-06
IN COURT AGAIN
BaIerino Sued for Wages Due for Over One
Year

Charles W. Miller, who has been su-
ing 3. Rallerino for wages for services
rendered, got a verdict in department
four yesterday.
Miller claimed that he worked 513
days and was paid in petty amounts
the enormous sum of s50.50 The work
he did was in leveling ground for the
building Of brick "cribs" on Alameda
street and Niger alley, in helping to
build them, and in variety of other
work about the place.
Judge Van Dyke held that the plain
tiff had worked 900 days, which, at the
rate of $1.50, would mean a sum of $3.50,
less the $5050 which he had received
Judgment for $399. 80, the balance, was
given the plaintiff.
The herald., 1897-02-06
Ran Away Down Hill

A double team, drawing an express
wagon, ran away down the Second street
hill from Olive yesterday afternoon.
At Hill street the team turned the cor
ner and threw out the driver, Henry
Richardson, and companion. The for
mer fell upon his head and received a
severe bruise. the other man getting a
hurt on one ankle. Those who saw the
team running down the steep grade
felt certain the men would meet their
The herald., 1897-02-06
AN ODD INCORPORATION
A College to Grind Out Graduates In Q New
ScinncA


The College Of Fine Forces filed pa
pers of incorporation yesterday. The
name itself might mean almost any
thing, or nothing. but in this particular
instance the purposes of this college are
defined as the promulgating Of "a higher
science of life by education and training
in the use of solar and water baths,
massage, mental and psyche therapy,
electricity. sun charged substances and
other refined natural agencies for up
building the human system, and to con-
fer appropriate degrees upon graduates;
to receive by gift, devise, bequest or pur-
chase and to hold, sell, ETC., all kinds Of
property"
The corporation has no capital stock,
and the following are named as direct
ors: e. D. Babitt, w. c. Bowman, w. c.
Pritchard, j. A. Hartman, all of Los
Angeles, and Thomas Nelnes, Pasadena
The herald., 1897-02-06
certain property closely adjacent

certain property closely adjacent to
Main and Third streets.
The estate of X. 4. Coulter. deceased
The petition of B. +. Coulter, Sr., show
ing that r. T. Coulter died on the Island
of Java, on or about December l, 1885,
and that letters OF administration be is
sued. The deceased left real property
valued at $500, and personal property
valued at about $4,000.
The estate of Mrs. Hattie Lyman-The
petition of E. NJ. Lyman, husband of de-
ceased, for letters of administration. The
estate Is valued at $500.
James Adams VS.. Manuel Gotta, as ad-
ministrator of the estate of Barbara NJ
de Cota deceased-A suit to quiet title
to lot 5, block 13, Of the o. ". Childs
tract. 200 lots.
G. Kloeckner VS.. The Gila Valley
Globe and Northern Railway company
A suit to recover $2904 and costs, bal
ance due for services rendered as clerk
Plaintiff entered the employ of defend
ant corporation January 1895, at a SAL
ary of S75 per month, and continued un-
til August l. 1896, the amount claimed
being a balance due on the July account.
The herald., 1897-02-06
The Divorce Mil

Judge York yesterday handed down
an opinion in the case of Mary j. Lucas
VS.. William Alexander Lucas, wherein
he denies a decree to the plaintiff and
also to the defendant on his cross COM
plaint. In reversing the case he ex-
presses the hope that they may find
sources of mutual forgiveness in the hu-
imitation of mutual guilt
Maud Hart filed her complaint in di-
Norce yesterday against Abraham Hart
on the ground of failure to provide.
The herald., 1897-02-06
"Joe's Place" Bur ned

A little grocery and fruit store known
as "Joe's place." on First street, near
Alameda, burned yesterday morning.
the alarm being turned in at 603 The
one-story building was gutted, and the
adjoining saloon suffered some damage
from water.
The herald., 1897-02-06
Court Notes

Lewis M. Paulson, a native of Den
mark, was yesterday admitted to citi-
zenship by Judge Clark.
j. Sachs, accused with his wife of
having sold liquor without a license at
his place on Mission road, had his case
dismissed in the township court yester-
day. The wife was fined some days ago,
but the evidence showed that her hus-
band was not present when the offense
complained of was committed.
The herald., 1897-02-06
N w Suits Filed

Harrie E. Hardisty VS.. Isaac A. Lo-
THAN ct ala suit to restrain the de-
Iendants from levying upon, selling or
dlsposlng of lot 25S, Grider & Dow's
Aaafns street tract; that the attachment
upon the property be released. and thar
a temporary injunction be issued.
Maurice S. Hellman VS.. Maria Jesus
Yorba de Scully-A suit to quiet title to
The herald., 1897-02-06

Largest variety Concord business wag-
ons and top delivery wagons. Hawley,
King & Co.
The herald., 1897-02-06
For Mirrors or BeveIed Plate Glass

Go to Fl. Raphael & Co., who are the man.
ufacturers of them, and you will make q
large saving. No. 43S and 440 South Spring.
The herald., 1897-02-06

Hawley, King & Co., cor. Fifth st. and
Broadway, agents genuine Columbus
Buggy company buggies and bicycles.
The herald., 1897-02-06
.IOTTINGS

Latest style of wall paper at A. 4. Eek
stroms, 324 South Spring street.
The herald., 1897-02-06

Everything on wheels. Hawley, King &
Co., cor. Fifth street and Broadway.
The herald., 1897-02-06
Our Home Brew

Our h0uIc bT6W
Maier & Zobelein's lager. fresh from their
brewery, on draught in all the principal
saloons delivered promptly in bottles or
kegs. Office and brewery, 440 Also street:
telephone 81.
The herald., 1897-02-06
To Cure q Cold in One DAY

Take Laxative Bromo Quinine Tablete.
All druggists refund the money If It
fails to cure. Csc.
The herald., 1897-02-06

Agents Victor, Keating and World bicy-
ces. Hawley, King & Co.
The herald., 1897-02-06
A FUNNY LETTER

Judgment for plaintiff as prayed.
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05

For many years Harper's Weekly has held
q high place as a record of the vital affairs
Of the world. as periodical of genuine
literary quality. and as q medium Of out
spoken, unbiased and expert opinion on
every subject OF public Importance With.
out losing In vlgor 1t has of late assumed an
even dner quality as literature. Its con-
tributors include such writers as Carl
Schuriz. Henry James, Mary K Wilkins,
and w. ID. Bowels, aud among Its pictorial
features are the admirable political cartoons
OF w. A. Rogers, continuing the feature
that has In the past exerted an influence
now historical. and illustrations by w. T,
Smedley, T. de Thulstrup, Peter Newell
o. w. Ruggles, general passenger agent
of the Michigan Central, says he believes
that In the sale Of the tremendous amount
of railroad steel Is the beginning of better
times. He thinks 1t the one wheel that was
needed to set all the rest in motion and
said, Business Ia like a row of brick,
knock one down and you knock them all
down. As soon as the man In the rolling
mill goes to work he will get money and
spend it for clothing and food This will
employ others and the wheels all over the
country are once again In motion. Yes, l
am convinced that this will be great
thing"
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05

James II. Deal died Wednesday forenoon
at the family residence. on Comstock St..
after lingering and painful illness. result
ing from a stroke of paralysis two years
ago. Mr.. Deal was about So years of age
and we'll known In Owosso. He leaves a
wife, two sons and two daughters. The
funeral will will be held this afternoon
from the residence, conducted by Rev. j..
@. Cromer.
For Itching Piles, irritation of the gen.
itals. or itching In any part of the body.
Doan's Ointment il worth It weight In gold
No matter how long standing the trouble,
Doan's Ointment will not fail to give in
slant relief
just what you want: A model country
home, situated one mile south of the city
the old Stack farm, consisting OF 10 acres,
all improved; good buildings; new silo;
stabling for 20 head of cattle, granery,
wagon shed and corn crib, each separate.
Is not rented, run out piece of land, bnt
the finest home in Shiawassee county; good
drive we'll and new wind mill. Will be
sold on basis with the times. Will take
$1,000 In cash, balance long time II desired.
For particulars see Lingle & Mcdaniel.
The Michigan Central r r wish to ad-
wise the travelling public that since the open
Ing up OF their new line for Ohio and Penn
sylvania territory In connection with the c.,
j. q M. K. r. from jackson, it is in posi-
ton to handle all business for the south at
as low rates as any line out of Owosso and
time superior to any.
B. GLASGOW. Agent
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05
Attorney Generals Salary.

The legislature of this state, with the
greatest unanimity, and without psrty
division, have determined to amend the
constitution of Michigan, by giving the at
torney general salary for the great and i'm
portant services that he renders the state
The question now is, will the voters ratify
and approve of that which the representa-
! tives have done?
1t Is safe to say that there has not been a
legislature assembled at the capital In the
] iast twenty five years that would not, with
an almost unanimous vote, have given the
attorney general larger salary than that
which Is now named In the proposed amend
ment, for the simple reason that they, be-
ing on the ground, ascertained the true
facts of the case, and from those facts they
are convinced that, not only does the inter-
ests of the state imperatively require the
constant and best service OF q most able at
torney, but that by giving him living
salary, thousands OF dollars would be saved
to the state each year.
The question now Is, as to whether the
voters of the state can see what Is for their
interests and vote accordingly. The single
proposition that is submitted to them Is
this: To compel the lawyer who becomes
attorney general to take up his residence,
during his term of Office, at the seat Of
gov eminent and give all of his time and
strength to the duties of his Office, and as
compensation for such services the state
agrees to pay him the sum Of $500, which
Is just one half of that which each member
OF the supreme court receives, $4,000 less
than is paid each of the six Judges of Wayne
county, and 81, 500 less than the prosecuting
attorney of Wayne county and the corpora
ton counsel of Detroit receive, respectively,
for their services yearly. Or, il this is not
done, then the voters must decide to let the
matter go on as it has been for the last 40
years-the attorney general receiving no
compensation to speak of, residing at his
home attending, for the most part, to his
own business, and making the great inter-
ests of the state subordinate thereto, or
compelling him, without compensation, to
give up his entire private practice through
the conscientious purpose to discharge well
the duties of his high Office. On ibis issue,
therefore, there ought not to be dissenting
vote. More and more is 1t absolutely neces-
sary that the interests of the people should
be protected Constant encroachments, un
doubtedly, have been made upon their
rights, by those who, finding the field I'M
protected, have entered in and taken posses
sion thereof.
1t is time, as Gov. Rich, in one of his
messages to the Legislature, said: "By
paying the attorney general the insignificant
sum of $500 per year (the same that is paid
janitors and messengers), the state is losing
enough each year to pay reasonable sal
AIRY to four attorney generals, through lack
of paying fair compensation to one
How long will the voters of Mchigon ''save
at the spigot and waste at the bunghole. -
State Republican.
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05
A Marked Contrast.

From the State Republican.
Two familiar voices were heard in New
York city, Friday night-voices that recalled
the fight between between honest and dis.
honest money in last falls national political
campaign. The first was the voice of VIM
j. Bryan, of Nebraska, in Carnegie hall,
who proved the truth of the old adage that
'those who know nothing fear nothing" by
making this extraordinary utterance:
II DON'T WANT AN ABSOLUTELY
HONEST DOLLAR
The second was the voice of VIM. McKin-
ley, of Ohio, who, in letter read at the
sound money banquet at Delmonico's de.
clared:
poor MONEY NEVER MADE A
COUNTRY RICH. AND SOUND MONEY
WILL NOT, AND CANNOT, MAKE
ONE POOR"
These utterances. placed side by side,
show plainly which is the patriot, and
which the demagogue The American peo-
pie made no mistake, last fall, in turning
down the demagogue and electing the pa
triot to the presidency. After Maj. Nc
Kinley's letter was read at the banquet
some one called out ''three cheers for Nc
Kinleyl" and all the guests arose and cheer
ed "Read 1t again! Read 1t againI" called
some of the guests. The applause and
cheers continued for some moments.
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05
Obituary..

John A. Wright was born April 18th, 1925, in
the town of Marlborough, Kings county, Ire
land. At the age OF thirteen he came with his
parents to Kingston, Canada. Here he spent
his boyhood days on his fathers farm, until the
year 1915, when he was united in marriage to
Miss Sarah Hyatt, of Prince Edward district,
Canada. This union was blest with six children
all of whom survive him with one exception,
Caleb, who died IN infancy; Arson W., CHARLES
H., Mrs. Allie Cadz, Caleb p, and Seymour ID.
In the year 1850 he moved to the States and set
tied in Elbridge. Onondaga county, N. Y. Here
death saddened his home by the death OF his
beloved wife. In the year 1865 he was united
in marriage to Miss Susan Wright, of Syracuse,
NY This union was blest with three children,
Edwin G., Mrs. Ida Vincent and Arthur L., all
of whom survive him In the year 1867 he re-
moved TO Mi higan and settled In Owosso town
ship, from thence to Fairfield township, and in
the year 1870 he settled on his present farm,
which then was almost Wilderness out OF
which he has carved most pleasant and COM
Portable home. He was one of those who knew
something of the experience and hardships OF
pioneer life. Mr.. Wright experienced religion
in early life, uniting with the M e. church In
Elbridge, N. Y After coming TO Michigan he
again renewed his faith and united with the e.
NJ church, the church of his choice. He, like
Others made mistakes and had his weaknesses
and failings, but tried to live an earnest Chris
tlan life, leaving the witness behind He lived
to the ripe age of7O years 10 months and days,
passing away Feb. %, 1897. in the triumphs of
living faith. The funeral services were held
from his late residence Friday Feb. 20, at IL
o'clock Rev. d. S. Cramer officiating his sons
acting as pallbearers A large number of rela-
tives and friends filed the house to overf1owing
TO show this last tribute of respect to his memo
ry and followed him TO the Oak Grove cemetery,
where they tenderly laid him to rest.
'"Tis the voice of leaf and streamlet,
OF the river and the main;
Loving ties that earth does sever
Heaven will unite AGAIN.
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05

The office of county school commissioner
is one which may we'll be divorced from
partisan politics The public does not de-
mand the politics of a candidate for this Of
fee, so much as whether he is qualified
by training, experience and disposition to
give efficient service in such capacity. Com
missioner Bristol's thorough familiarity with
the duties of the office and his proven abiii-
ty to administer it satisfactorily make him
logically the strongest possible candidate
for the Office.
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05
STATE OF MICHIGAN,
DEPARTMENT OF STATE.

STATE OF MICHIGAN,
DEPARTMENT OF STATE.
LANSING, March 2, 1897.
To the Sheriff of Shawassee County, Mich.
SIR: You are hereby notified that the Legis-
lature OF the State of Michigan has passed q
Joint Resolution, OF which hereby certify mat
the following is a correct Transcript OF the en-
crossed copy now on file in the office OF the
Secretary OF state.
JOINT RESOLUTION
Proposing an amendment to section one, article
nine, of the Constitution OF this STATE relative
to the salary of the Attorney General.
Resolved BY the Senate and House of Repre-
sentatives OF the State OF Michigan, that an
amendment to section one of article nine OF the
Constitution of this State be and the same is
hereby proposed, to read as follows
Section 1. The Governor shall receive an
annual salary OF four thousand dollars; the
judges of the circuit court shall each receive
an annual salary of two thousand five hundred
dollars; the Attorney General shall receive an
an annual salary OF three thousand i've hundred
dollars, and he shall reside, during his term OF
office, in the city of Lansing, and In person at
tend to the duties OF his office the Secretary OF
State shall receive an annual salary OF eight
hundred dollars; the State Treasurer shall re-
ceive an annual salary OF one thousand dollars:
the Superintendent Of Public Instruction shall
receive an annual salary OF one thousand dol
lars; the Commissioner of the State Land Of
fee shall receive an annual salary OF eight
hundred dollars. They shall receive no fees
or perquisites whatever for the performance OF
any duties connected with their office. 1t shall
not be competent for the legislature to increase
the salaries herein provided.
Be IL further Resolved, That said amendment
shall be submitted to the people Of the State of
Michigan at the next Spring Election, on the
first Monday Of April, in the year one thousand
eight hundred and nlnety-seven, q nd the Secre-
tary Of State Is hereby required to give notice
OF the same to the sheriffs OF the several coun-
ties OF this State the time prior to said election
required by law, and the said sheriffs are here
by required TO give the several notices required
by law. Each person voting for said amend
ment shall have written or printed on his bal
lot as then provided by law, the words Amend
ment to the constitution relative 10 the salary
of the Attorney General-Yes," and each per
son voting against said amendment shall have
on his ballot in like manner, Amendment TO
the constitution relative TO the salary OF the
Attorney General-No." The ballots shall In
all respects be canvassed and returns made
as In general election of State officers
This Joint Resolution is ordered to take i'm
mediate effect.
Filed February 49, 1897
In testimony whereof, have hereunto set my
hand and affixed the Great Seal of the State OF
Michigan, at Lansing the day and year first
WASHINGTON GARDNER,
Secretary Of State.
The Owosso times. (Owosso, Mich.) 1897-1926, 1897-03-05

The announcement is made from Washing
ton that Col. o A James, of Hillsdale, will
today be appointed as u S. pension agent
for Michigan. Both Senators Mcmillan and
Burrows, and Gen. Alger were united in
recommending Mr.. James, whose selection
will lie hailed with delight by the republi-
cans OF the state, especially the old veter-
ans. 1t would have been impossible for the
honor to have fallen upon more worthy
citizen.