davidaulloa/AmericanStories huggingface dataset:
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
FRUIT INDUSTRY.
State Convention of Growers Con-
venes at Riverside.

RIVERSIDE, April 1.-THE State
Fruit Growers Convention began two
days session to-day, Ellwood Cooper OF
Santa Barbara presiding.
The speech of welcome by Z. w.
Holmes was replied to on behalf of the
delegates by Senator VIM. Johnston of
Sacramento.
President Cooper addressed the con-
Vertion on markets, freight rates, olive
industry and fertilizers. He said the
olive orchards of California when in full
bearing produce 400, GOO barrels of olives
and 6,000 carloads of oil annually, and
a greater market must be produced for
the product.
f. NJ. WardeH spoke on the national
pure food movement. He urged that
all legislation should be in the line re-
Quiring everything to be labeled just
what it is.
An interesting discussion of the sub
ject of protecting fruit products from
the impositions of dishonest dealers fol-
lowed, in which A. r. Sprague of Los
Angeles, NJ. B. Lelong of Sacramento,
E. Barwick and W. B. Hunter took part.
The evening session was devoted to a
discussion of the national quarantine
bill now before Congress. The delegates
were divided as TO the merits of the
bill, and many leading ones oppose the
measure as one not likely to accom-
plish the results desired.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15

ASTORIA (Or), April 1.-THE Re
publican State convention met TINS
morning, and contrary to expectation
there was no further contest over the
election of a temporary Chairman.
The delegates outside of Multnomah
County, which has two delegations,
held a caucus and decided to support
w. L. Tooze of Marion County for tenn
porary Chairman, and he was chosen
unanimously.
After the appointment of Commit
tee on Credentials a recess was taken
until / O'Clock. Just before ADJOURN
ment the following telegram was or
dered sent to President Mckinley:
with the utmost confidence in the
wisdom of your administration, ana
pledging you the support of TIE State
of Oregon, we express our earneS- con-
victions that the Maine was destroyed
by design or criminal neglect OF The
Spanish officials, and that this outrage
is a just cause for the United States 10
drive the Spanish nation from the
Western Hemisphere"
When the telegram was read the con-
vention rose en- masse and cheered
wildly for Mckinley.
When tho convention reassembled TINS
afternoon the Committee on Creden-
tials reported in favor of seating the
Simon delegation from Multonomah
County. The report of the committee
was adopted by a vote of 150 20 %.
A recess was then taken until t:3u.
At the evening session the following
State ticket was nominated: Governor
T. T. Geer of Marion County; Supreme
Court Justice, F. a. Moore, renominat-
ed; State Treasurer, c. S. Moore OF
Klamath County; Secretary of state
I. Dunbar of ClatsOp County; State
Printer, w. H. Leeds Of jackson Couh-
~; Attorney General, D. r. n. Black
burn of Lion County; Superintendent
of Public instruction. ]. IL. Alderman
of Multnomah County.
r. T. Geer. the nominee for Governor
is the first native son of Oregon to re-
ceiye a nomination for that office. he
was born in the Waldo Hills, near Sa-
lem forty-seven years ago.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15

that Spain intends to make privateering
a conspicuous element of the campaign.
1t is thought, however, that she will
confine her energies in this direction
to preying upon American coastWise
commerce. 1t is not believed she will
risk offending the European Powers by
stopping their American bound vessels,
or by searching transatlantic ships
for American goods, for if European
ships are moiested the Powers prob
ably will adopt radical preventive
measures.
The prevalent opinion that the Unit
ed States will not embark in priyateer-
ing produces an excellent impression.
AT the Admiralty it is suggested that
the Spanish naval scheme will not be
to pit a fleet against the American
warships, but to scatter SPANS war
ships about the coasts and indulge IN
guerilla warfare, sWOoping down up
on coast towns and retreating before
they are overtaken 1t is deemed GER
tain that this will be SPANS policy II
she abandons the hope of retaining Gu
ba, and merely pursues a war of re-
venge.
Many merchant vessels are being Of
fered at the United States Embassies on
the Continent. but no negotiations are
proceeding, and it is said at the En-
bassy here that the United States Gov
eminent has no need for any more ships.
LONDON, April 15.-The morning
papers are filled with dispatches from
the Continent, nearly all of the same
tenor. The belief that war is inevitable
is universal, as well as the feeling OF
hostility to the United States. The
papers also contain numerous articles,
specializing upon the effect OF war upon
securities, the markets and other in
terestS.
The Times says editorially:
SPANS note to the Powers can have
no effect except to perhaps delay the
issue. The Powers will certainly not in
telVene, while if they did, neither the
United States nor Spain would listen. 1t
is doubtful whether, even if President
Mckinley regained his authority over
the situation he could not stem the tide
of popular sentiment in America for
war"
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
PRESS ASSOCIATION.
Editors of the State Assembling at
Paso Robes.

PASO ROBLES (Cal), April 1.-THE
advance guard of the delegates to the
California Press Association convention
which will be in session here to-mor-
row and Saturday arrived this morn
ing on a special train 1t consisted of
sixty-five editors from various parts
of the State, most of whom were ac-
companied by wives, sisters or daugh-
tiers.
The delegates We're met at the depot
by reception committee and escorted
to the headquarters of the association,
and after arrangements had been COM
pleted for their comfort the visitors
proceeded to San Luis Obispo, where
an elaborate programme had been ar
ranged for their entertainment.
A ball in honor of the visitors was
given tonight by a military band. To-
morrow an excursion for the editors
has been arranged to Port Hartford
and Sycamore Springs, with a banquet
at the latter place.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
LATEST FROM ALASKA.
Sixty-Two Bodies Recovered From
the Chi1coot Avalanche.

VANCOUVER (B. CO, April 1.-THE
steamer Packshan, which arrived here
to-day from Dyea. Alaska, reports mat
the search for bodies in Chilcoot Slide
has been concluded. Sixty-tw3 bodies
had been taken out altogether. EI~
Among the steamers, passengers was
r. A. Ellis of California, who lett Daw-
son March 18th, reaching Dyea April
18th. Ellis was accompanied as far as
Dyea by Captain Ray, u. S. a, who
was on his way from Fort Yukon to
Washington. Captain Ray stopped at
Dyea for a few days, and will come
down on the next steamer.
Ellis says the first boat will leave
Dawson for st. Michael about the mid
die of June He estimates that she
Will carry fifteen million dollars in
gold, and that the total output Of he
Klondike region will be forty millions.
The latest gold discovery before Ellis
Jeff Dawson was on Boulder Greek.
Thirty-seven dollars was the highest
pan taken out
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
PALO ALTO STOCK FARM.
Will Not Campaign a Stable o.
Horses This Year.

SAN FRANCISCO, April Icon
trary to expectations, Palo Alto will
not campaign a stable of harness
horses this year on the Eastern grand
circuit The entire string is now IN
training, and is to be sold at public
auction, although the stock farm has
some likely horses with two prospec-
tive champions. The entire racing
string of 1898 is to be sold at Cleve-
land O., May 10th to 24th.
1t was at the Palo Alto farm that
the value of fusing thoroughbred with
standardized blood for producing the
fast and ideal harness horse was de-
veloped. Here such famous performers
as Arion, 2:01A; Palo Alto, 2:OS.A;
Sunol, 2:0SH Azote, 2:0334, were all
born and bred.
Never has such a shipment of horses,
with as much combined speed, left
California as viii be consigned from
Palo Alto on May I'd.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15

SYLLABI
O.. A, No. 277 = Department One -
Filed April s. 1889
Russ Lumber and Mill Company, re-
spondent; Muscupiabe Land and Water
Company, appellant. Action to recover
semi installments Of interest
accrued upon promissOry note. Re-
versed.
One party cannot enforce the per-
Torrance of another's part of con-
tract while he is in default in the per-
Torrance Of his part of it.
There is no difference in the effect up
on a contract between the successful
defense of a plea Of want or total fail
ure of consideration and the successful
termination of an action TO rescind it.
In either case the contract is rendered
incapable of enforcement the judgment
being bar to any future action so far,
at least, as parties to the action, or
those concluded by it, are concerned.
Where the failure of consideration Is
total, as where nothing of value has
been received by the defendant under
it and the plaintiff cannot perform it,
no notice of RECESSION is required, but
the defendant may plead want or fail
ure of consideration
A failure of consideration either to-
tai or partial, may be pleaded as de-
Tense to an action upon a promissory
note, either wholly or pro tanto.
A mere promise to perform an act in
the future is not, in a legal sense, a
representation, nor does a failure to
perform such promise convert it into
n false representation; but if the prom
Use is accompanied with statements of
existing facts, which show the ability
of the promisor to perform his prom
Use. and without which the promise
would not be accepted or acted upon.
such statements are denominated rep
reservations. and it falsely made are
grounds of avoiding the contract.
though the thing promised to be done
lies wholly in the future.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
PRINCETON INN INCIDENT.
1t Threatens War in the Pres
byterian Church.

CHICAGO, April 1.-THE "Tribune's'
New York special says:
War is threatened in the Presbyterian
Church that will overshadow the IA
NOUS controversy over DR.. Briggs al
legged heresy.
The present trouble grows out of the
Princeton Inn incident, when former
President Grover Cleveland Joined with
Professor Charles Woodruff Shields,
who holds the chair of harmony and
science and revealed religion in Prince
ton College, and other property own
ers of the university town in signing
a petition that a liquor license be
granted to that hosiery, which is IA
vorite resort for students as we'll as
for members of the faculty and friends.
It was told that Professor Shields had
left the Presbyterian Church, and had
been confirmed into the Episcopal faith
by Bishop Potter. This caused SEN
sation in Princeton. However, it was
nothing to the feeling aroused when it
was learned that President Patton,
with Professor Duffield and Professor
Cameron of the college, had refused
to go as delegates to the Presbyterian
General Assembly. Many persons pre-
dicted that this action presaged the alb
solute breaking away of Princeton Uni
versity from the denomination.
1t is probable the college will be en-
tirely without representation at the con-
vention.
The ground of the refusal Of President
Patton and his two colleagues to serve
as delegates is that they expect the
faculty of the college will be censured
on account of the Princeton Inn trou-
BILE. The opinion is expressed that no
explanation they offer will be accepted
by the assembly, as Professor Shields
action in indorsing the application for
the liquor license has been denounced
formally in scathing terms by Presby-
terrain bodies in almost every State in
the Union.
President Patton's present course is
held to indicate that since war is to be
declared between the church and the
college, the college will begin it.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Garcia Murder Trial.

of Mary Garcia for the murder or
Charles Collins at Santa Monica last
February began in the Superior Court
this morning. The murder is alleged
to have been committed by the wo-
man for the sake of a few dollars Col
Inns had on his person. Pedro Garcia,
who is jointly charged, has made u
statement in which he says that his
mistress smashed the old mans brains
out with an AK. The day was con-
sumed in selecting a jury.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
VANDALS AT BERKELEY.
HaIyards OF the Flag Pole at the
University Cut.

/ BERKELEY, April II. Students
climbed the flag pole of the University
of California last night and cut the
halyards. making it impossible to raise
the Stars and Stripes. This insult to
the national colors has aroused the
indignation of the college authorities,
and the expulsion of the offenders may
follow. The affair is regarded as OF
special moment, because the University
of California is military institution,
in part supported by the Federal Gov
eminent, with an army officer detailed
as military instructor, and with strict
discipline in matters of military train
ing. The faculty is taking steps to
identify the vandals.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
PRIVATEERING.
Spain Will Make 1t Conspicuous
Element in the Campaign.

LONDON, April 14-There is great
interest here in Government and COM
mercial circles over the possibility of
privateering in the event of war be-
tween the United States and Spain.
Special application for letters of
marque have been made at the Spanish
Embassy and at the Office of the Span
ish Naval Commission. but there were
no applications at the United States
Embassy 1t is generally recognized
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Feeling Against United States.

PARIS, April 1.-THE feeling here
of both the press and the public is very
strong against the United States es-
pecially since President Mckinley s
message. Mr.. Mckinley is compared
to Pontius PLATE, and the American
Congress is accused of a buccaneering
spirit. which it is feared will extend
to the possessions of other nations as
well as those of Spain. There is fever
ish activity at the Government dock
yards in completing vessels and re-
arnling old ones
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
REVENUE CUTTERS.
Orders Expected Attaching Them
to the Navy.

SAN FRANCISCO, April 14.-Oficers
of the revenue marine service expect
orders detaching them from their yes
sells and placing them in the navy.
They are now under the, orders of the
Treasury Department. 1t is said that
the expected orders are on their way
from Washington, and it is an open
secret that the revenue cutters Rush,
Corwin and L. S. Grant will not go
north this season to patrol Behring
Sea and the Alaskan coast 1t is ex
peeted that the three revenue cutters
will be attached to the navy, and will
patrol this coast.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
CENTRAL PACIFIC.
The Board of Directors Meet and
Elect Officers.

SAN FRANCISCO, April 1.-THE
Board of Directors of the Central Pa
cific Railroad met to-day and elected
the following officers to serve for the
ensuing year: President, Isaac l..
Requa; Vice-President, VIM. Fl. Mills:
Second Weep President, j. c.. Kirkpat-
rick; Third Vice-President, Charles p.
Wells; Secretary and Controller, VIM.
NJ Thompson; Assistant Secretary in
New York, Charles Babbidge: Treas
urer, William H. Mills; Assistant
Treasurer in New York. Frank II. Dav-
is; Transfer Agent, George Watkins
New York
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Fire on the Ocean Beach.

SAN FRANCISCO, April IA fire
on the ocean beach tonight destroyed
the Golden Gate villa, owned by Leon
ard T. Haggerty. The loss will reach
S25,0G0, with $4,000 insurance. The
fire was visible from all the bay towns,
and great excitement was caused by
the rumor that Sutro's Baths were
burning.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Verdict FOR the Editor.

SAN JOSE. April 1.-THE jury in
the suit of Henry Stromberg. President
of the Board of Town Trustees of Los
Gatos, against w. S. Walker editor of
the Mail" to recover $4,000 for an
alleged ibelous publication, in which
the Trustees. were assailed for making
a certain lumber contract in a surrep-
titious manner, to-day returned a YER
dict for the defendant.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
BLOWING UP OF MAINE.
The Man Who Planted the Mine
Run Down at Chicago.

CHICAGO, April 15.-The Times
Herald" says: Charles A Cran,laIl:
alias Emanuel Escardero, who. acting
under the personal orders of Captain
General Weyler, planted the mine ani
torpedo in the harbor of Havana has
been run to earth in Chicago. Last
night he was in the custody of three
United States Secret Service agents.
who are taking him to Washington.
where he is. expected to give fnforma-
ton to prove beyond any possible
doubt that the Maine was blown an by
a mine. and her 266 officers and crew
murdered designedly by agents of the
Spanish officials. He was run down
by Cuban spy.
The first step to virtue is to love
virtue in another
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15

trict was held here to-day, with rep
resentatives present from all over Cen
trail California, but principally from
Oakland. Alameda and Berkeley. Off
GERS chosen for next year are: Mrs. T..
Slaughter of Stockton, President; Mrs
Baccus of Oakland, VicePresident;
Mrs Lester Burkee of Oakland Re-
eording Secretary; Mrs Laura Buffing-
ton of Berkeley, Corresponding Secre-
tary, and Mrs. Watterson of Alameda,
Treasurer
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
A Generous Offer.

NEW YORK, April 1.-THE Atnerf-
can Express Company has notified such
of it's employees as are members Of the
National Guard and the naval reserves
of the several States that if called upon
in case of war with Spain, they Will be
allowed half pay during such service,
and upon their return to duty with The
company will be given their former Lo-
SitiOnS and pay
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
War Rumors Affect Ocean Travel.

SAN FRANCISCO, April 14-Rumors
of the impending war have caused a
marked decrease in the passenger bust
ness of the Pacific Mail and Oriental
and Occidental Steamship Companies.
Twenty passengers who We're booked
for the Orient by a recent outgoing
steamer cancelled their booking a few
days before the steamer sailed, owing
to fear of being held up by privateers
on the high seas. These steamers each
carry from one to four howitzers.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Rumor of Sale Denied.

HOPKINSVILLE (Ky), April II
w. p. Norton of this city, owner of
the Wewona stock farm. has purchased
of Charles Patterson the race horse
Ornament for $4,000 After this sea-
sons racing Ornament will be retired
to the stud at Wewona Stock Farm
MEMPHIS .(Tenn.), April 14-Chas.
Patterson, owner of Ornament. says
there is no truth in the report he had
sold his racer.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
IS. F.. No. 6S3 - IN T3ank-Filed April
@ 1889


NJ. w. Fox, respondent; Hale & Nor
cross Silver Mining Company ct al,
appellants. Action by stockholder
against corporation, directors thereof
and others, charging fraudulent con-
spiracy between the directors and 9TH
ers to cheat and defraud the corpora
ton, and for an accounting. Judgment
affirmed and reversed.
Proof of a motive to commit wrong is
insufficient by itself to prove that the
wrong has actually been committed.
Fraud is a conclusion of law. and
when made a ground of action the facts
constituting it must be stated See
Bliss on Code Pleading, Section 211.
Unless the facts are stated, at least in
general way, no cause of action is
stated and the appellate court has
ruled that the facts must be alleged
with sufficient distinctnesS to enable
the adverse party to come prepared
with evidence upon the general ques-
tions of fraud which will be raised.
Whether the evidence is sufficient to
establish the fact is a question of fact
which must be determined by the tri
bunal to which it is submitted; dec
laration by the appellate court that it
does establish the fact would be out
side of its functions and would not be
binding upon the trial court.
Public policy declares illegal con-
tracts made by a trustee with himself
whereby he makes a profit and COM
| pels him to pay over all the profit to his
beneficiary. even though the beneficiary
be not injured. epDtlH r
1t is presumed however even if in
/ favor of trustee that he has done his
duty and when he has rendered an ac-
count of his stewardship which appears
to be sufficient and fair, the account is
presumed to be correct In order to
charge him with fraud and unfaithful-
ness, the beneficiary must falsfy the
account by evidence which does more
than raise a suspicion. The evidence
must be satisfactory within the rule
stated in Section 1880, C. c.. p. Guilt
cannot be properly found from a COM
parison of number of conjectures.
The appellate court has under the
Constitution no power to review its own
final judgments.
See. also. opinion in Fox vs.. Hale &
Norcross, 10S Cal, 800.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Death of a Stockton Citizen.

STOCKTON, April 14.-John Barrett,
a resident of this city for fifteen years,
died tonight after an illness lasting
nearly a year. He was native of
Ireland, and came to America as a boy
and TO San Francisco twenty-three
years ago. He leaves a widow and four
children. one of whom is John j. Bar
rett, an attorney of San Francisco.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Consul McGarr Arrives at Boston

BOSTON. April 1.-THE fruit steam
er Rarnstable. from Cienfuegos, Cuba.
reached here to-day. having on board
United States Consul McGarr. Mr..
McGarr said all was quiet when he left
Cienfuegcs.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Bishop Of Vancouver.

ROME, April 1.-THE Pope has an
pointed the Rev. Alex. Christie. rector
of St. Stephens Church, Minneapolis.
to the Bishopric of Vancouver. -
His Holiness has approved TIE trans
fer of the See of Vincennes to Indian
apolis. from which it will take its name.
name.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Prince Albert at Coronado.

SAN DIEGO, April 14.-Prince AL
bert, heir apparent to the throne of
Belgium, and his party are guests at
the Hotel Del Coronado having arrived
from New Orleans Tonight. He will
go to San Francisco in a, few days.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15

WASHINGTON, April 14.-ro days
statement of the condition of the treas
ury shows: Available cash balance,
S22o, $40, 294 gold reserve, $119,oGf uS0.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
Guilty of Manslarghter.

SAN LUIS OBISPO, April 1.-THE
trial of Jose Lopez for the murder of
Juan Vierra in October, last, terml
mated to-day, the defendant being
found guilty of manslaughter.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
DIR. lyman DEAD.
Achieved Notoriety by Mysterious
ly Disappearing.

SAN FRANCISCO, April 14.-Dr. E.
IT. lyman, a wealthy ranch owner of
Stanislaus County, died here to-day.
He achieved a great deal of notoriety
six years ago by his remarkable dis
appearance. and the subsequent liti-
cation resulting in the legal declara-
ton that he was dead. Two years later
he reappeared. stating that he had been
living in seclusion in Boston. Although
he was supposed to have been muir
dered. the legal proceedings against
him were set aside, and when nearly
so years of age resumed the personal
management of his estate. Death re-
suited from Brights disease.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-04-15
WILLIAM M'KINLEY
WILDLY CHEERED.
Oregon Republicans Show Their
Loyalty TO the President.
Pledge the Support Of the State TO the Ma
tioHal Administration.

Differences in the State Conven-
ton Adjusted and Ticket
Nominated, Headed by t. T..
Geer of Marion County for Gov
ernor and Z. A. Moore for SUI
preme Justice.