davidaulloa/AmericanStories huggingface dataset:
The record-union., 1898-09-18
BUILDING AND LOAN ACTION.
FARMERS AND MECHANICS
BANKS ANSWER.
Filed Yesterday in the Suit Began
Against 1t by the Union
Association.

DeVlin & Devlin, attorneys for the
defendant in the suit of Thomas W.
ONeil as receiver for the Union Build
ing and Loan Association against the
Farmers and Mechanics Savings
Bank, yesterday filed an answer to the
plaintiffs complaint, denying most of
the allegations set forth. The answer
covers nearly 100 typewriter pages.
1t also sets up several separate de-
fenses, among which are the follow
ing:
That the defendant is now collecting
the notes and mortgages pledged to II
as collateral security, and will con-
tinue to collect and apply the proceeds
thereof to the payment of the indebt-
edness now due and owing to it from
the second association.
1t is further averred that the action
or proceeding in which the plaintiff was
appointed receiver is still pending, and
that the judgment and decree therein
rendered is not now in full force; that
the plaintiff, as such receiver, has no
legal capacity to sue or maintain The
action, and that the order under which
he was appointed does not authorize
the institution and prosecution of q
suit for the benefit of the stockholders
and creditors.
1t is further set forth that the asso-
citation has not rescinded the transac-
ton set out in the second defense, and
that neither the association, stockhOld-
ers nor plaintiff have ever offered to
return the money received from de-
fendant, but that they have approved
and confirmed the transaction.
1t is further set forth that the sec
ond association and the stockholders
thereof have ratified and approved the
creation Of the Indebtedness and the
execution and delivery of promissGry
notes for more than eighteen months
prior to the commencement of the ac-
tion.
1t is further averred as a separate
defense that all the stockholders OF
the association since its formation per-
mitted the association to borrow mon
ey from time to time, for the purpos
of paying off various series of stock
on their acCrual, and that the third.
fourth and fifth series were partly paid
off with money borrowed by and with
the consent of the stockholders.
1t is further averred that the plaintiff
and the stockholders are estopped and
precluded. both in good conscience and
in law, from disputing or questioning
the creation of the Indebtedness from
the association to the defendants. and
the pledge of the securities referred 10
IN the complaint, for the reason that
all the stockholders thereof received a
direct benefit from the transaction.
The record-union., 1898-09-18
ALLEGED FALSE PRETENSES
How George Adams Obtained $50
From w. A. Caswell.

George Adams was yesterday arrest
ed on complaint of Billposter w. A.
Caswell who charges him with OBJ
taing money under false pretenses.
Caswell claims that Adams represented
himself as proprietor of the panoramic
show, The Battle of Manila which
during the past week had been giving
exhibitions at Snowflake Park, and in
that capacity succeeded in getting $50
from the complainant. 1t is claimed
that Adams was not the proprietor of
the show.
The Battle of Manila people evil
IDENTIFY did not do big business in this
city for yesterday Constable Whitney
placed an attachment on the scenery
to satisfy two claims. one of F. ..
Sternberg for $40 for labor and mate
rials, and one of the. proprietor of the
New York Kitchen for board, amount
ing to S1o.2o. AS a result of the at
tachment no show was given last night
The record-union., 1898-09-18

THREE CONvICTS PAROLED.
ONE PARDON ADVISED AND A
COMMUTATION.
Monthly Meeting of the Prison Di-
rectOrs at Folsom Yes
terday.

There was a meeting of the State
Prison Directors at the Folsom Prison
yesterday, at which there were pres
ent Directors Fitzgerald, Hayes, Will
kins and Ray.
The board recommended to the Gov
ernor the pardon of William r. Mel
vile, who was convicted of embezzle-
ment in San Francisco in 1894 and
sentenced to eight years in San QueE-
tin
The petition for young Melville's par
don is signed by General Barnes, Judge
Belcher (who tried the case), and doz-
ems of the leading citizens of San
Francisco, who say the prisoner is not
disposed to be dishonest and never as
sociated with bad company, and has
a good prison record. He is the son
of Emily Melville, the well-known
actress.
The board also recommended to the
Governor communication of the sentence
of j. H. Fidler, another exemplary pris-
oner. His sentence would expire on
November 18th, and the board recon-
mends that it be cut short thirty-tWo
days, as he was detained that long in
the San Francisco Jail as a witness.
Under the rule that would not be de-
Quoted from his sentence.
Three prisoners were paroled. Mike
L. Hanney, who was sent up from
this county for stealing some small
articles from the Lothhammer resi-
dence, is one of the favored trio. Lis
petition was indorsed by Judge Hink-
son, who sentenced him, and by Dis
trict Attorney Ryan. Ht has been a
model prisoner.
Another of the paroled men is James
Lee, who was serving six years for the
theft Of thirty sacks of alfalfa seed III
Kings County. Lee was a man well
thought of there. but was convicted
on circumstantial evidence-the finding
of the alfalfa seed on his place. He
always declared that it was placed
there by an enemy. He has been an
excellent prisoner, and employment
awaits him on his release.
Charles A. Burge was the third pris-
oner paroled. He was sent up for ten
years from Fresno for robbery. He is
young man and was led by others
into committing the crime. Employ
ment awaits him in Los Angeles.
Convict William Downing was tried
by the board for committing an as
sault with an iron bar on another pris-
oner. If the latter had not been
hard-skulled negro he would have been
killed. The board took a way all of
Downing's credits.
Convict J. Curtis, who was found
with a lOng-bladed knife in his pos
session, had three months credits taken
away. He said another convict had
threatened him, and that he secured
the knife to protect himself.
The rest of the business transacted
by the board was Of routine charac-
ter.
The record-union., 1898-09-18
Amendment Number One.
(Being Senate Constitutional Amendmer

(Being Senate Constitutional Amendment
No. Al
"A resolution to propose to the people OF
Ine state OF California an amendment to
Section Eighteen of Article Eleven of the
constitution, in relation to revenue and
taxation, by which it is proposed to
amend said section to read as follows:
Section l8. No county, city, town, town
ship, board of education or school district
shall incur any Indebtedness or liability
In any manner or for any purpose exceed
ing in any year the income and revenue
provided for it for such year. without the
assent of two-thirds of the qualified elect
ors thereof voting at an election TO be
held for that purpose, nor unless before,
or at the time of incurring such indebted
ness, provision shall be made for the col
iectlon OF an annual tax sufficient to pay
the interest on such Indebtedness as 1t
falls due, and also provision to constitute
a sinking fund for the payment OF the
principal thereof on or before maturity,
which shall not exceed forty years from
the time of contracting the same; pro-
vided, however. that the City and County
of San Francisco may at any time pay the
unpaid claims with interest thereon Tor
materials furnished to and work done Tor
said city and county during the forty
third and forty-fourth fiscal years, out of
the income and revenue of any succeeding
year or years; provided. that any ana an
claims for making, repairing, altering, OF
for any work done upon or for any mate
rial furnished for any street, lane, alley,
court, place, or sidewalk. or for the con,
structton of any sewer or sewers IN sala
city and county, are hereby excepted from
the provisions of this section; and in de-
termining any claim permitted to be paid
by this section, no statute of limitations
shall apply in any manner; and provided
further that the City of Vallejo. in So
lano County, may pay its existing indeht-
edness incurred in the construction or It's
water works, whenever two-thirds of the
electors thereof voting at an election held
for that purpose shall SO decide Any in
debtedness or liability incurred contrary
to this provision, with the exception here
tnbefore recited. shall be void.
The record-union., 1898-09-18
BRUTALITY TO A HORSE.
Driven Till It Could Not Walk,
Then Left to Die.

In the City Justices court yesterday
Edward Showers and Joseph Davis were
found guilty Of cruelty to a horse and
were fined $3.50 each
Showers and Davis reside near Ply
mouth. Amador County, and on Fri
day, drove TO this city. According TO
their story the horse they were driving
showed signs of sickness before the
Slough House-eighteen miles from here
was reached. They stopped there and
doctored the animal, and on the advice
OF parties at that place drove on to
town. The horse became quite weaak
The record-union., 1898-09-18
Amendment Number Five.
theing Assembly Constitutional Amend
ment No. 36)

"A resolution to propose to the people Of
ne state OF California. an amendment
ot section hfteen and section sixteen of
6 SStucie nve OF the Constitution of the
STATE or California, by which it is pro-
follows: ~ Aeao <'S
section 10. A Lieutenant Governor shall
oHa eaecteu at the same time and place
@I9 IN the same manner as the Governor
anu iu MS term of office and his ouaIifca-
6IohS ShaII be the same. He shall bs
tIeSioent OF the Senate but shall only
"aVe casting vote therein
oecuon 10. In case of the impeachment
81 the governor. or his removal from Of
nee death, inability to discharge the pow
ens ana duties OF his Office. resignation.
qquties or the office shall devolve upon the
Lieutenant Governor for the residue of
the term, or until the disability shall
cease And should the Lieutenant Cover
nor be impeached. displaced. resign die.
OF become incapable of performing the
Gutles of his office or be absent from the
State, the President pro tempore OF the
Sendte snalI act as Governor until the
vacancy IN the office OF Governor shall
pe @ IIIied at the next general election when
peLhpSrs or the Legislature shall be
fnoseh, or until such disability of the
Lieutenant Governor shall cease In case
Of vacancy in the Office of Governor
loI any OF the reasons above named and
umeltner the Lieutenant Governor nor the
Iresldent pro tempore OF the Senate shall
succeed 10 the powers and duties of Gov
etnoF. then the powers and duties of SUCH
once shall devolve upon the Speaker of
lhe Assembly until the office of Governor
SNAIL De hlled at such general election
The record-union., 1898-09-18
SIX MONTHS.
George Odell's Punishment for the
Theft of S45.

George Odell pleaded guilty to a
charge of petty larceny before Justice
Davis yesterday morning and was SEN
fenced to serve six months in the Coun-
ty Jail
Odell stole $40 from the saloon OF
Lou Green, on K street. where he was
employed as a roustabout He had no
statement TO make other than that he
had been drinking when he committed
the theft. Evidence taken, however
showed that he was duly sober and in
passing sentence Justice Davis deplored
the fact that he could impose no longer
sentence than six months
The record-union., 1898-09-18
Amendment Number Seven.
(Being Assembly constitutional Amend.
ment No. 34)

A., A resolution to propose to the people OF
tne state or California amendment to
section two of article four of the Constitrl-
ture by which ii is proposed to amend
saId section to read as follows:
section 2 The sessions of the Iegisla-
ture shalI commence at twelve O'clock
meridian on the first Monday after the
IrSt day or January next succeeding the
eiectlon OF its members. and shall be hi
ennlal unless the Governor shall in the
interim convene the Legislature by proc
Iamation. The Legislatu shall then re-
main in session for twenty-five DAYS after
Whlch 1t must adjourn TO some date not
Tess tnan thirty nor more than sixty days
from the time of adjournment. If the two
houses rail to agree upon time at which
they viii resume their session. the Cover
nor shall. by proclamation. fix a date for
SUCH reconvening, which shall be within
the limits above prescribed. Upon re-
assembling, the Legislature shall complete
It's session. No pay shall be allowed to
members for longer period than seventy
five days, and no bill shall be introduced
IN either house except at the first twenty
hve days OF the session, without the con-
sent of three-fourths of the members
thereof.
NOW. THEREFORE,. Pursuant to the
OF the Legislature of the State of Califor-
MIA, entitled AN Act to provide for the
submission of proposed amendments to
the Constitution of the State of Califor-
MA to the qualified electors for their ap-
pToval, approved March Z. A. d. 1SS3 the
hereby published and advertised to be
voted upon. by ballot. by the qualified
electors of the State. at the election to
be held throughout this State on
The record-union., 1898-09-18

between Brighton and this city, and
they were obliged to whip it to keep il
moving.
The men were not acquainted in Sac
ramento, and in trying to reach a liv-
cry stable they got in the vicinity OF
Twenty-third and G streets, where they
left the horse to recuperate. The animal
died a couple of hours later.
Justice Davis, before passing SEN
tence, said the case was one of the
most aggravated he had had cogniz-
ance of since he had presided over the
court.
The record-union., 1898-09-18
1N rHE supERIoR CouRT. CouNTY

IN THE SUPERIOR COURT, COUNTY
of Sacramento, State of California
In the matter of the estate of CECILIA
BALDWIN, deceased.
Notice is hereby given that Friday. the
2Sd day of September, 1898, at 10 O. clock a.
m of said day, and the courtroom of said
court. at the Courthouse in the city of
Sacramento county of Sacramento and
State of California. has been appointed as
the time and place for proving the will
of said Cecilia Baldwin, deceased, and
for hearing the application of Michael
Walsh for the issuance to him of letters
testamentary thereon.
Witness my hand and the seal of said
court, this 10th day of September, 1898.
(SeaL) w. b. HAMILTON. Clerk.
BY B. II. Gallup. Deputy Clerk.
Frank ID. Ryan, attorney for petitioner.
Indorsed: Filed September TO- 1898
W. b. HAMILTON, Clerk
BY B. II. Gallup, Deputy Clerk. s11-1ot
The record-union., 1898-09-18
Amendment Number Three.
(Being Senate Constitutional Amendment
No. A)

NO. AL
A resolution proposing to the people of
the State of California an amendment to
the Constitution of the State, by adding
a new section, to be known and designat-
ed as Section Five and one-half, Article
Six thereby providing for the organiza-
ton of a court, to be known as the Court
of Claims. The said proposed new section
to read as follows:
Section sly The Court of Claims shall
consist of any three Judges of the Supe-
rior Court, who may be requested by the
Governor to hold court at the regular
terms thereof The Court of Claims shall
have exclusive jurisdiction to hear and de-
termine all claims of every kind and char
acter against the State. under such laws
as may be passed by the Legislature and
its Judgment thereon shall be final The
terms Of the Court of Claims shall be held
as follows:
ON the second Monday of March;
In the City and County of San Francis
CO. commencing on the second Monday in
In the City of Sacramento, commencing
on the second Monday of November Of
each year.
The Judges holding such term of court
shall receive no extra compensation there
for but shall receive their actual ex-
penses, to- be paid ous Of the general fund
of the State Treasury. The Legislature
shall enact all laws necessary to organize
such court. to provide the procedure
The record-union., 1898-09-18
Amendment Number Six.
(Belng Assembly Constitutional Amend-
ment No. 3S)

!, A resolution to propose to the people of
tne state OF California an amendment to-
sfCtlon SIX, article nine of the Ccnstitu-
grammar schools. by which 1t is proposed
70 amend said section to read as follows:
section :. The public school system
snall include primary and grammar
schoois. and such high schools. evening
schools, normal schools and technical
schools as may be established by the Leg
lSlature or by municipal or district all
tnorlty. but the entire revenue derived
from the state school fund and the State
school tax. shall be applied exclusively TO
the support of primary and grammar
schhooIs. hs. Grammar schools shall include
scHoois organized in school district or
union of school districts having more
Ihan one thousand inhabitants, in which
a course of study shall be taught when
ural, mining or scientific departments OF
the University of Califnrnia -
The record-union., 1898-09-18

Amendment Number One. being SEM
ate Constitutional Amendment No.
Il (exempting certain claims against
the city and county of San Fran
cisco, and the existing indebted
ness of the city of Vallejo for the
construction of its water works.
from the provisions of the Con- :
stitution requiring such claims to
be paid from the income and reve-
nues of the year in which theyI
were incurred).
For the Amendment?
Amendment Number Two. being SEMI
ate constitutional Amendment No Il
county government Acts. by inhab- :
tants of counties for their goyern-I
menD.
For the Amendment?
Amendment Number Three, beingl
Senate Constitutional Amendment
No. IA (providing for the creationl
of Court of Claims to determined
consist of three Superior Judges
designated by the Governor toI
serve without extra compensation
For the Amendment?
Amendment Number Four, being As-I
sembly Constitutional Amendment
No. 81 (eXempting consolidated
cities and counties, organized or
10 De organized, OF nOlOlnR a cnar-l i
ter under the Constitution. fromI
certain legislation in relation tol
counties).
For the Amendment?
Amendment Number Five, being As-l
sembly Constitutional Amendment
No. So (relating TO office of Covert
nor providing for succession there
to in certain cases and removingl +
disability of Lieutenant Governorl
from holding other office duringl
term.
For the Amendment?
Amendment Number Six. being As-l
sembly Constitutional Amendment
No. 38 (relating to and definingI-
Grammar SchoolS).
For the Amendment?
Amendment Number Seven. beingI
Assembly Constitutional Amend
ment No. "a (providing for ad-
journment of Legislature for not +
less than thirty nor more than
sixty days during each SESSION..
For the Amendment?
Witness my hand and the great sea
the State of California, the day and
herein first above written.
JAMES H. BUDD
Attest: GovernC
L. H. Brown, Secretary of State.
[Seal.1 aus
The record-union., 1898-09-18
Mrs. Carragher's Funeral.

The funeral of the late Mrs. Ellen
Carragher will take place at $50 a. m.
on Monday from her late residence.
Third and streets. Services viii be
held at the Cathedral, where requiem
high mass will be celebrated at 10
o'clock. The remains can be viewed
until removed to the Cathedral.
The record-union., 1898-09-18
A Chinese Wood SteaIer.

Officers Dolan and Karcher last ev-
ening arrested All Sing for stealing
wood belonging to Louis Caffero on
Second street. The Chinaman was
caught in the act of carrying away his
plunder. He has been charged with
petty larceny
The record-union., 1898-09-18

THE LOW RATE EAST - LAST
chance Tuesday, September 20th-Phil-
lips-Judson Excursion is the only excur-
sion having the low rate east of Chicago.
The great scenic route. Through manag-
ers to Boston. A visit is made to Niagara
Falls. No additional expense for ticket.
19 Montgomery street, San Francisco. or
apply to G. j. Ellis, Agent S. 2. Co., Sac
ramentO
The record-union., 1898-09-18
PROCLAMATION.
STATE OFF CALIFORNIA,
Executive Department.

Sacramento, July 30, 1895
whereas, The Legislature of the State
beginning on the Fourth day of January,
A. D., 1897, two-thirds of all che members
elected to each of the two houses of said
Legislature voting in favor thereof, pro-
posed the following described amendments
to the Constitution of the State of Cali
fornia, to-wit:
The record-union., 1898-09-18
To-Night's Concert.

At the Plaza this evening the Forest
er Band Will give its concluding con-
cert of the Summer series. An excellent
program is offered, and George c. Hol.
brook Will manipulate the baton.
The record-union., 1898-09-18
Artificial Teeth.

The utmost pains taken in matching
color and form in teeth so they will
have not appearance of being false.
| DR.. Weldon, S061h J street.
The record-union., 1898-09-18
Filed His Bond.

Carl L. Knight, administrator of the
estate of Henry 7. knight, deceased
filed his bond of $500 yesterday, with
Charles F. Dillman and Albert Gala
tin as sureties.
The record-union., 1898-09-18
Tuesday, November 8, A. D. 1898.

The said proposed amendments are to
be separately voted upon in manner and
form follows:
Each ballot used at such election must
contain written or printed thereon the
following words, whereupon the voter
law:
The record-union., 1898-09-18

Boys alI-wool knee pants. 25c. age
3 to 10 years, at the Sacramento Home
Supply Co. Womens finished hose.
loo
The record-union., 1898-09-18

rilla and iron, champagne cider, ginger
ale, orange cider. ]. McMorry, agent. +
The record-union., 1898-09-18
A Nickel Cigar.

''The Maine" is a 5-cent cigar which,
when once tried, is not soon deserted.
A Coolot, Distributor.
The record-union., 1898-09-18

DR.. Strader has removed his residence
from Masonic Temple to 2011 street.
The record-union., 1898-09-18

EXcites admiration: Jno Straub's fine
tailoring S19 K street.
The record-union., 1898-09-18

Pabst cafe and grill rooms, strictly
first-class resort. lob Sixth st.
The record-union., 1898-09-18

For a cool, sharp glass of steam G
lager, Ell Dorado, S26 J.
The record-union., 1898-09-18
Why Pay a Fancy Price

for watch, diamond or any article of
jewelry when you can buy the same for
less than half at Hymans Administra-
tors sale SOC j street, Fifth and Sixth.
The record-union., 1898-09-18
thereof, and to carry out theprov.sions Of
Ghis section.
Amendment Number Four.
tBeing Assembly Constitutional Amend.
ment No 81

ment No. SD
resolution to propose to the peor;s
VI me state OF California an arnendment
70 the Constitution of the State. amend-
tig ing article eleven. by adding a new sec
h hon thereto, to be known as section num-
St et I'VE ana one-half. relating TO consoli-
SAD saaa proposed new section to read as fol-
l9ur and five of this article shall NOT nor
span span any legislation passed pursuant
a,aeSTeto, apply to any consolidated city
hereafter formed, which shall have be-
S, Sone, or shall become organized under
Secton seven, or secure a charter under
seCuon eight of this article
The record-union., 1898-09-18

Electrical lamps at Scott's, 3O3 J. =
The record-union., 1898-09-18
THE SADDLE ROCK
RESTAURANT AND OYSTER HOUSE

FIRST-CLASS HOUSE IN EVERY RE-
spect Ladies' dining-room separate
Open day and night. BUCKMAN & CAR
RAGHER, Proprietors. No. 1919 Second
street, between and X, Sacramento
The record-union., 1898-09-18
(Black.)
ARRANGEMENTS.

Blacks tenth move was ill-advised
and led to defeat
The record-union., 1898-09-18
STATE HOUSE HOTEL
Corner Tenth and K Sts., Sacramento

BOARD AND ROOM, 81 25 TO 50 PER
day. Meals, 25c.
Accommodations first-class Free bus
to aid from hotel w. j. ELDER. M'gr.
The record-union., 1898-09-18
Amendment Number Two.

Being Senate Constitutional Amendment
No 10)
The record-union., 1898-09-18
DIED.

Geo. Holbrook, piano teacher. 415 K.
The record-union., 1898-09-18
THE SINGLETON RIJuDINc

SOUTHEAST CORNER OF FIFTH AND
K streets. First-class in all it's appoint
ments: Rooms, single or en- suite. Iced
c. F. SINGLETON, Proprietor.
The record-union., 1898-09-18

TURCLU HOTEL.
500 X Street.
CONDUCTED ON THE EUROPEAN
plan; strictly first-class; hot and cold
baths free to guests; electric cars pass
the door. FRANK MEYER, Prop.
The record-union., 1898-09-18

RESTAURANT DE FRANCE AND
Oyster House, 427 X street (formerly near
Golden Eagle HoteD. Meals a la carte
at all hours. Family Orders, Banouets
and Wedding Parties.
L. FAURE Pronrietor