davidaulloa/AmericanStories huggingface dataset:
The record-union., 1898-01-03

right that they should be, but consid-
cradle sums should likewise be ex-
epnded in opening the Sierra reserva-
tions fer visitation by the people. Our
representatives. in Congress should take
this up at once and push it until some
thing comes of it. What is really
wanted is an interior highway connect
ing these reservations the one with the
other from Sequoia to Yosemite with
laterals running out into the valley at
intervals convenient of access by the
people. The best summer resting
places in the world might be made in
the Sierra il they could only be made
accessible, and a few thousand dollars
would go far toward building the
roads and trails that are needed. 1t
is good thing. Push it along.
OF SALES.
Los Angeles Times: A correspondent
sends to the Times" the following:
When a person sells an article and
the buyer wants TO pay partly with a
check, can the seller withdraw from
the sale until it is paid in cash?'
A bank check, If genuine, is the
equivalent of cash. though not legal
tender in the strict sense of the term.
The seller would be certainly entitled
to require evidence of the genuineness
of the check, and could refuse 1t in the
absence of proof to that effect. But
in the absence of any specific agree
ment as to the kind of money to be
paid, the courts would probably hold
the tender of a genuine check to be
a legal and sufficient tender of cash
payment-a genuine check on a sure
enough bank being equivalent to cash.
GOOD IDEA.
Fresno Expositor: The authorities at
San Francisco have made a. new de-
partlre in criminal procedure which is
expected to deter murderers from inter-
posing the plea of insanity. Mrs. E.
Papp Wilson, who was accused of
numbering her husband in that city on
September %, 1894, was adjudged
insane before her trial took place and
was sent to an asylum. After her re-
covery she was taken charge of by the
authorities of San Francisco and will
be brought to trial on the murder
charge in the Superior Court next
week. District Attorney Barnes says
this plan is to be adhered to in other
similar cases. More power to Mr.
Barnes and the authorities of San
Francisco. The insanity dodge is be-
coming very, very wearisome
The record-union., 1898-01-03

For the fourth time Durrant stands
confronting a day fixed for his execu-
ton. 1t is improbable that he will be
able to secure further delays. Certain
ly he has had a range of the law that
no other defendant has enjoyed. He has
availed Of every possible privilege ac-
corded by the mercy Of our system of
laws. Any further stays by court pro-
cesses win smack OF trifiing and of
abuse Of the privileges of the law.
Whatever sentiment men may entertain
OF his guilt or innocence, assuredly SO
far as the law is concerned he has been
given every possible and reasonable op-
portunity to extend his lease of life
against the decree of tribunals that il
shall be taken. There are no new points
raised in his behalf Everything has
been advanced in his favor and passed
upon by the courts from the lowest to
the highest tribunals of last resort.
that the laws have contemplated as
within the privileges OF condemned
men, and for the protection Of the in
nocent. IL supposed means OF law are
now unearthed for further delay in car
rying out the DEGREES Of the courts OF
the people. the result will be to SO far
anger the communities of the country
as to result in legislation modifying our
legal system so radically as to make 1t
probable that in future cases great in
justice will be done the innocent.
The record-union., 1898-01-03
Is. F. No. 693-Departmen One-File
December 30 1917

(S. F. No. 693-Department One-Filed
December 80, 1879
/. S. Rued. assignee, etc, appellant; :;
F. t. Cooper and Warner Stauf. re-
spondents. Recovery of money paid on
contract for stock.
Section 26 of Article " of the Con-
stitution provides: "All contracts for
the sale of shares of the capital stock
of any corporation or association, on
margin or to be delivered at a future
day. shall be void, and any money paid
on such contract may be recovered by
the party paying it by suit in any court
of competent jurisdiction.
Whenever a person is ignorant or
mistaken with respect to his own an
tecedent and existing private and legal
rights, interests, estates, duties, nabili-
ties or other relation, either of property
or contract or personal status, and en-
ters into some transaction the legal
scope and operations of which he cor
rectly apprehends or understands, for
the purpose of affecting such assumed
rights, interests or relations, or of car
rying out such assumed duties or liza
bilities, equity will grant its relief, de-
fensive or affirmative, treating the mis-
take as analogous to, if not identical
with. mistake of fact.
Section 1912, Civil Code, does not
base the right of relief upon any fraud
or concealment by the debtor, or other
person 1t is sufficient that the credi-
tor does not know or suspect its exist
ence; nor is it material that his igno-
rance of the fact of it's existence was
occasioned by his ignorance of law.
The record-union., 1898-01-03

only binding on the church as an ec-
clesiasticai body. but they are binding
and conclusive upon courts wherever
and whenever material to pending nti-
cation.
The Civil Code of this State Cor. Section
$3.50 expressly permits religious bodies
to incorporate; but such incorporation
is only permitted as convenience 10
assist in the conduct of the temporali-
ties Of the church. Notwithstanding
| Incorporation the ecclesiastical body is
a subordinate factor in the life and
purposes of the church itself. The di-
rectors or trustees of the Incorporation
as such have no authority whatever
over church affairs. These matters rest
purely with the ecclesiastical body.
Whatever property stands in its name
is seized TO the use Of the church prop
er. 1t is Trustee holding property for
the use and enjoyment of the church.
and every member of the church is a
beneficiary of that trust
A trust of this character is not dis
tinguishable from any other trust over
which courts of equity exercise super
visory power.
The title to the property of divided
church is in that part of the organiza-
ton which is acting in harmony with
its own law.
Presbyteries have the power to deal
with the ecclesiastical body regardless
Of any question of Incorporation, just
as courts will deal with the property
of church whether incorporated or
not.
The record-union., 1898-01-03

1t is not at all creditable to the Amer
ican public. IL there exists, as managers
assume, such a pronounced taste for
things foreign in the matter of amuse-
ments, that IL is necessary TO label even
the greatest merit with a foreign stamp
in order to give 1t a favor that viii in
sure liberal patronage and consequent
large profits. That caterers in matters
theatrical and otherwise do entertain
such belief is undeniable; that ii is
complimentary to American tastes will
scarcely be contended. Fully one-half
OF the stage celebrities presented In this
country bearing foreign names and an
nounced as from European capitals and
great centers of population in foreign
lands, are frauds in that respect. Half
of them are OF exceeding humble origin,
and hail from inconspicuous sections.
True merit. however, is not, or should
not, be ashamed of the cot whence 1t
springs. To the credit of our greater
artists In all lines. be 1t said that they
have never denied their nativity, or as
sumed a foreign disguise. These reflec-
lions are the outcome Of rather aInus-
The record-union., 1898-01-03
Mommsen's Observation-Disclosures.

The Berliners tell many stories OF
Mommsen's absent -mindedness and ne
has even been credited with not having
recognized his own little son. and with
having asked him his name prepara-
tory to requesting him not to make
quite so much noise in a public tram
car in which he was going to town
from his home in Charlottenburg; and
it is even said that he put his first baby
into the waste-paper basket one day,
and covered 1t up because it cried
St James Gazette
The record-union., 1898-01-03

IN THE SUPERIOR COURT, STATE
of California, County of Sacramento In
the matter of the estate of SILAS
earle, deceased.
Notice is hereby given that FRIDAY.
the 14th day of January 1898, at l.3j
o'clock p. m. of said day, and the court
room of said court, at the Courthouse, in
the city of Sacramento, County of Sac
ramento, and State of California has
been appointed as the time and place for
proving the will of said Silas Carle, de-
ceased. and for hearing the application
of MalisSa s. Carrie for the issuance to
her OF letters testamentary thereon
Witness my hand and the seal of said
court this 10Th day of December 1897,
tSeaD w. B. HAMILTON, Clerk
BY e. S. Wachhorst, Deputy Clerk
Holl & Dunn, Attorneys for Petitioner.
Indorsed: Filed December %, 1897
W. 3. HAMILTON. Clerk.
BY E. s. Wachhorst, Deputy.
Holl & Dunn, Attorneys for Petitioner.
The record-union., 1898-01-03

OF course the Pope approves of
Spain's course in Cuba, and expresses
no sympathy for the insurgents. Spain
is a monarchy and the Pope has never
renounced his own claims as a tempo
raj monarch. The insurgents of Cuba
are members of the church of which
the Pope is the spiritual chief; but
then, so are the Spanish. 1t is explain
ed in defense of the Pope that il has
been the unbroken custom of the Pap
acy to stand by constituted authority
until it has been overthrown and a su-
perior power has usurped its place,
therefore the action Of the Pope in this
instance is in line with established pol
icy. This setting forth of the matter
will not be denied strength 1t is what
was to have been expected. 1t was not
anticipated that the head Of the Catho-
lie Church would array itself against
Spain and for those in arms against its
authority. But Americans will recall a
bit of history not so far back in times s
annals, when this country was torn
by rebellion against constituted au-
thority which was not overthrown, and
over which no superior arose Just how
the Pope stood then is matter of rec
ord, and 1t is not possible to expunge
1t. 1t will be recalled that his sympa-
thies were not only strongly with the
insurgents, but were so pronounced as
to amountto quasi recognition. If he did
not indorse that rebellion he certainly
authority of their country, and to re-
turn TO their allegiance to it,
The record-union., 1898-01-03
ELIPHALET N. POTTER,
Selected as President Of the Cosmo-
politan University.

The selection of Eliphalet Mott Pot
ter as President of the Cosmopolitan
University by John Brisben Walker,
seems to give friends of the proposed
institution the idea that it will be I'M
mediately and markedly successful. He
was born in Schenectady, N. Y, Sep
tember 20, 1886. His father was Bish-
op Alonzo Potter.
He graduated at Union College
in 1861, and at Berkely Divinity School
in 1867 He was ordained deacon by
The record-union., 1898-01-03

ing incident. Nearly two years ago
there developed in this community.
where she has resided from babyhood,
If she was not born here, of which, how
ever, we are confident, girl who be-
came locally prominent because of her
wonderful muscular development. Lulu
Cooper, known as Charmion, was GER
tainly surprising, both as an athlete
and q gymnast. Later under the in
struction of her husband largely, she
became very daring and very skill
full trapeze performer. For a year or
more she has given exhibitions m this
State, and very frequently in her home
city, where only a few weeks ago she
played long engagement at one OF
our theaters. She received all need
of credit here for her skill and daring,
and the perseverance and rigor of train
ing that developed her into such an
excellent performer. When she started
for New York a few weeks ago 10 I'LL
an engagement there she left with the
belief of her friends firm in faith of her
success in the great metropolis. She
has succeeded. But now comes the odd
part of it, Little Lulu Cooper IS 10
longer an American. She is now her
aided and pictorially boosted in a lead
ing New York journal to the extent of
a half page as French born, and just
arrived from an Australian tour. This
article, with all it's fulsome praise and
extravagant statements and half-page
illustrations, is copied into San Fran
cisco paper describing the performer as
a New York woman, though she has
played long engagements in San Fran
cisco under the same psuedonym and
under the very nose of the San Fran
cisco paper which itself long ago COM
mended her performances. 1t is a very
trifiing matter SO far as this girl is
concerned, and rather humorous one,
but it has interest as illustrating The
idea of a class of managers that the
American public taste must be stimu-
lated by foreign success.
The record-union., 1898-01-03
Telephone snhscriher-switch nae

Telephone Subscriber-Switch me on
to Marlborough buildings - pastry
cooks. eh? Telephone Girl-Malbor-
ough buildings not known, we've NAL
borough House. That's it, no doubt;
switch me on there She switches
You there?" Yes; what is it?' In
inuatingly-"Er-it's Miss Baker, ISM
it? NO.; it's the Prince of Wales =
Come. none of your larks." 1t shunted
off bruptly.-Household Words.
The record-union., 1898-01-03
Grim. No. 305-Department Two-Filed
Dec %. 1897

The People, respondent; Lewis Kai-
ser, appellant. Incest Affirmed.
The word daughter means, and is
generally understood to mean IAN i'm
mediate female descendant and not
an adopted daughter, as step daugh-
ter or daughter-in-law.
The court was asked to give the in
struction to the jury: "Those facts or
that state of facts tending to prove the
guilt of the defendant must be estab-
lished in your minds to a moral GER
tainty, and beyond a reasonable doubt.
That is, it must entirely satisfy you of
the guilt of the defendant, before you
can convict. If you are not entirely
satisfied, you should acquit him.
Held. that the court properly struck
out the word entirely" in both places
where it was used, and gave the in
struction as modified
The record-union., 1898-01-03

This paper is for sale at the following
places: L. p. Fishers, room p, Mer-
chants Exchange, California street, and
the principal news stands and hotels, San
Francisco.
LOS ANGELES-Eclectic Book Store,
corner Second and Main streets.
SANTA BARBARA-Hassinge News
Depot
FRESNO-C. T. Cearley, 113 j street
SANTA CRUZ-Cooper Brothers News
Depot
Also for sale on all trains leaving and
coming into Sacramento.
EASTERN. BUSINESS HOUSES.
The Tribune Building, New York City.
Western Business Office. ''The Rook-
cry" Chicago.
The S. c. Beckwith Special Agency,
sole agents foreign advertising.
The record-union., 1898-01-03
sEQUEsTERING THE KLoNDIKE

Canada is now considering the propo-
sition to hold the mines of the Klon-
dixie country for its own benefit, work
ing them for Government profit and
managing them for Government gain
This does not. under one plan, include
exclusion of the people from the mines,
but such grants for their working os
will greatly cripple individual activity
and make their development Of the
property in mining property in the
Northwest very slow and very costly.
One phase of the proposition now un-
der discussion is more radical. It is
argued that Parliament should declare
its sovereignty over the mining proper
ties so completely as to exclude indtvid-
ual entry in any form. Thus the mines
would be worked only and solely by the
Government, and no one could take
gold from them for his own profit, not
even under license and taxation The
Canadian Dominion is greatly in debt;
it is an enormous burden, and the Gov
eminent naturally turns to the new
mining region as a providential means
for augmenting the revenues and reduc-
ing the Dominion Indebtedness.
But if it is to be done by sequestra-
ton Of the mines, prospecting and dis
covery Will cease The settlement Of
the country will come TO a stand still,
and the situation will be as it is in the
Government mines of Russia In fact,
under such a system Canada might be
driven TO use of penal labor for the
working Of its mines. It is possible for
Canada to work the ground unaided
1t is her right to utterly forbid entry
upon it, and put a stop abruptly to
the input from the United States and
the Dominion to the new region, and
undoubtedly the majority of Canadians
favor that idea But we do not be-
in accordance with the drift of the age.
1t Is opposed to the spirit Of the times.
1t has but one prominent precedent,
that Of the South African Republic the
right Of which to exclude miners we IN
the United States warmly sustained
But whether as policy It is advis-
able is another thing. The conditions
are not the same. There Is no estab-
Ashed system of society in the Klondike
TO be corrupted by an incursion: there
is nothing there to be overturned and
revolutfonized. IT Is an Arctic wilder
ness, virgin in everything and awaiting
the arts Of man for development of all
its possibilities. 1t is probable that
Canadian statesmen viii see in encour-
agement of immigration a reasonable
license system, and In the gain of reve-
nue. from customs, taxes and dues,
larger gain for their embarrassed Treas
ury than in Government working of the
mines and the practical closure of the
territory against Americans. More es-
pecially viii they be disposed toward
the more liberal policy for the reason
that there is every reason to believe
that just over the boundary, on Ameri-
can soil, there are mining sections to
be explored that viii disclose as great
richness in mineral wealth as the acres
that are exclusively British.
The record-union., 1898-01-03
Overheard in Bookstore.

New Clerk-Have you ever read "The
Last Days of Pompeii?"
Mrs. Neurich-No; what did he die of?
New Cierk-Some kind of an eruption,
believe-Chicago News.
The record-union., 1898-01-03


The story that Weyler is under quasi
arrest in Madrid because Of his hot pro-
test against the words President Nc
Kinley saw fit TO use in referring to
Cuba in his late message, is probably
true. There is such detail in the ac-
counts as to warrant belief in the truth
Of the story. But the Spanish Gov
ernment intends no harm or humiliation
to it's late servant. 1t knows perfectly
well that the radical party would not
tolerate his punishment and the Span
sh Cabinet is not just now in
"a position to invite the further
hostility of the anti-Government
party. Weyler's protest is an insult to
President Mckinley assuredy. But the
President referred to Weyler's brutal
administration in terms justifying re-
tort, whether that reply is true or not
But, as the Record Union has already
said, nothing that Weyler can say will
be considered by an American President
as a matter of State. Presidents of this
country have been more roundly roast
ed even by opponents who are citizens.
Our Chief Magistrates do not construe
harsh criticism by foreigners as insults
to the nation. Probably nothing would
please Weyler or the Spanish Cabinet
better than to have the President ac
knowledge that he has noticed Weylers $
assault. That would afford Spain and
the late Commander in Cuba the very
opportunity wanted to put the United
States under obligations to Spain by re-
regret on the. part of the Queen Re-
gent, coupled with great show Of friend
Illness.
The record-union., 1898-01-03
IL. A. No. 164-In bank-Filed Deem
her 30 1897

q. A. No 164-In bank-Filed Decem-
ber 80, 1879
n. L. Wheelock, ct al, appellants;
First Presbyterian Church of Los An
geles, ct al, respondents. Action in
equity to enforce a trust. Reversed
Wherever the parties interested are
numerous, and the suit is for an oh
ject common to all, some of the body
may maintain an action on behalf of
themselves and the others, and an ac-
ton can be maintained against a COR
poration of a numerous body of de-
PENDANTS representing the common in
terest
The ecclesiastical court known as the
Presbytery has the power to deal with
the Presbyterian Churches in all mat
ters ecclesiastical. It's DEGREES are not
The record-union., 1898-01-03
soc. and $i.oo, all druggists.
SCOTT & BOVINE, Chemists, New York.

IN THE SUPERIOR COURT, STATE
of California, County of Sacramento.
In the matter of the estate OF CHARLES
W. GRAVES, deceased.
Notice is hereby given that Friday, the
7th day of January, 1895, at 10 o'clock d. 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
said Charles w. Graves, deceased, and for
hearing the application of w. r. Hamilton
for the issuance to him of letters teSta-
mentary thereon.
Witness my hand and the seal of said
court this 9th day of December, 1897.
tSeaL) w. b. HAMILTON, Clerk.
BY E. S. Wachhorst, Deputy. d2S-td
Hiram W. Johnson,
Attorney for Petitioner.
Indorsed: Filed December 27, 1897.
w. B. HAMILTON, Clerk.
Nv z. S. Wachhorst. Deputy.
The record-union., 1898-01-03
SUPREME COURT DECISIONS.

Is. F. No. 5S9-Department One-F'iled
Dec. %. 1917
A. n. Lissak, respondent; Crocker
Estate Company, appellant Damages
for personal injuries. Reversed.
A conversation between a witness
for the plaintiff, in an action for dam
ages for personal injuries, and a party
in the employ of the defendant, as to
the cause of the accident, which con-
versatson took place after the accident
and after the injured party had been
removed from the scene, forms no part
OF the res gestae and is improperly
admitted in evidence. 1t is only a
statement OF what has occurred. and
the defendant is not bound thereby.
party cannot, after insisting upon
the admission of evidence over an OBJ
lection to its admissibility, defend his
course by contending that the error
was harmless.
The privilege given by Section ISL, c.
G. r., is personal only to the patient.
and may be waived by him. 1t is
waived when he calls the physician him
self as witness or when he permits him
to give his testimony without making
any objection thereto. If the patient
once consents to his testifying he can
not, after the testimony has been given,
revoke the consent and ask to have it
excluded
(S. F., No. 443-Department One-Filed
Dec. 20. 1879
Lyford, administrator ETC., respond
ent; Dulio ct al, appellants
Affirmed on authority of Valentine
VS.. SIoss. 103 Cal, 215.
Is. f., No. 642-Department One-Filed
Dec. %. 1879
Margaret lyman, administering. etc.
appellant; Mary Kerns ct AL, respond
ents. Action to annui all proceedings
in probate subsequent to return of in
Ventory. ana TO compel administrative
to allow plaintiffs claim Affirmed.
Where creditor has knowledge of
the death of a decendent of the issuance
Of letters to an administrator. and of
the filing of an inventory by him, he
is thus warned that a notice to cred
itors may, under the law C. C. p. Sec
ton 1491), require creditors to file their
claims within four months from the
first publication There is no duty put
upon the administrator to give more
than the statutory time but there is
duty put upon the creditor to take
notice Of the time
Constructive notice is such notice as
is imputed by law &C. c. p, Section 1S),
as to the effect of which the court can
judge Notwithstanding such notice is
denied
Equity win not relieve against cul-
pable negligence or inexcusable Iaches.
The means of knowledge is equiva-
lent to knowledge, and party who has
the opportunity of knowing the facts
constituting the fraud of which he
complains, cannot be supirie and mac
tive, and afterward allege a want of
knowledge that arose by reason of his
own laches or negligence.
The record-union., 1898-01-03
Weather Forecast.

Northern California-Cloudy and unset.
tied weather Monday; probably showers
northeasterly winds.
The record-union., 1898-01-03

his father in 1862, and was made a
priest in 1868. He was engaged in mis-
sionary work in the Lehigh Valley and
in 1863 became rector of the Church of
the Nativity at South Bethlehem, Pa
From 1866 to 1871 he was Secretary
and Professor Of Ethics in Lehigh Uni
versity and was also assistant rector
at Troy. He was selected President of
Union College in 1871, and chancellor
of Union University in 1873. In 1881
he resigned and accepted call to the
presidency of Hobart College, which he
resigned last year. He received the de-
gree of D. Dfl from Columbia in 1871
and of LII. D. from Williams in 1880.
The record-union., 1898-01-03

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