davidaulloa/AmericanStories huggingface dataset:
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
A FATAL defect FOUND
BECAUSE OF IT DE TURK GETS
ANOTHER TRIAL
THE DESCRIPTION INCORRECT
Land He Was to Convey to Harten-
stain Not Properly Described
In the Complaint

The Judgment and the decree in the case
Of M. S. Hartenstein VS.. j. g. De1Urk were
yesterday set aside By Judge Van Dyke and
: new trial granted. The action was brought
for the purpose Of compelling De1urk to full
dn the terms Of an agreement to CONVEY
piece OF property, and It has developed since
the case was decided that the description
given In tho complaint and for that reason
the case lie reopened.
It appeared from evidence elected upon
the trial which resulted in judgment for
plaintiff, that DeNlrk was indebted to him
for board and lodging, and personal service
rendered, in consideration Of which, and
some further board and lodging, he agreed
to build dwelling house on lot near his
stables on Figueroa street and deed the
property to Hartenstein. A house was built
and plaintiff contributed q part OF the
money required for the erection Of the struo-
ture, into which he moved with his family.
After going to considerable expense in
identifying the grounds, Hartenstein, in
1894, discovered that DeTurk had mort
asqed other property with the forty feet
occupied by himself and that the title of his
own place was thus impaired. He asked De-
Turk to clear up the indebtedpess and con-
vey the property to him, but the defendant
had put him off with various excuses for two
years, unkl1y, III loJU, ItLlHS uiul IidIly lI'tt
he would not make the conveyance. Suit
was instituted on October u, 1897, to COM
pei compliance with the original contract,
and the trial came on June lst, lasting two
days.
At the trial defendant sought exemption
on the plea that the contract was too vague
to be enforced, and that neither the value
of the lot with or without the building, was
given, nor the amount or value of services
performed or board to be yet given and that
the contract as whole showed want Of
mutually.
Judge Van Dyke gave the case special con-
sideration, rendering a written opinion in
which he held that Hartenstein was enti-
tied to a decree for specific performance.
Now the whole case has been thrown open
again on account of the fatal defect in the
complaint
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
FRIDAY MORNING CLUB
Senator Bulla Talks on the Proposed
Amendments

Amendments
Senator Robert n. Bulla talked to large
audience yesterday at the Friday Morning
club on "The Proposed Amendments to the
Constitution of California" The speaker
reviewed the history OF the formation OF the
present constitution, which he said was
framed under the influence of Dennis Kear-
ney and the sandlot politicians and is more
of statute than a constitution. He then
took up the proposed amendments, giving
his reasons why they should or should not
carry at the coming election. The proposed
change in the time of the meeting of the
legislature, as provided for the fifth amend
ment, Mr.. Bulla endorsed, as il will give
more time for intelligent discussion and
study of the bills to come before the ses-
sion and will prevent hasty legislation.
Amendment three, providing for the or
ganization of court of claims, is a good
one and will stop all jobbing in the legs-
lature.
Of amendment six the speaker was doubt
full. The fact that all the teachers are op,
posed to it should be considered and should
have weight with the voters. Amendment
two is too difficult and complex and will
give too much latitude to county govern
ments, when the modern tendency is for
uniformity and not diversity in legislation
A discussion followed the paper and brought
out many additional points on the subject.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

owned by the Bear Valley Land and Water
company, the Bear Valley and Alessandro
Brown company Did you not own, or were
you not interested in the stock of any of the
three last named companies?
Fifteenth-If to the last question you an
swer yes, to what extent were you inter
ested?
Sixteenth-Did you, or did you not, ever
caps stock Of the Bear Valley ne m 5
company:
Seventeenth-Did you, or did you not,
ever receive any of the proceeds of the divi-
dends declared and paid on the stock of the
Bear Valley Irrigation company?
YOU respectfully,
C. A. BARLOW.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
BOARD OF EDUCATION
Disposes of Several Unimportant Mat
tiers in Special Session

A special meeting of the city board of
education took place yesterday afternoon
for the purpose of completing action rela
tive to rule 60 of the rules which govern the
city schools and the teachers, therein. The
rule heretofore has read as follows:
The regular teacher of any room
shall not be absent from the room
during the exercises of special teachers,
but shall cooperate in the preservation
of order and discipline and shall en-
force the observance Of instructions
given by special teachers.
rule as it read, because it did not author
ise the special teachers, who have supervis-
ion over the teaching Of music, calisthenics.
ETC., to ask the regular teachers to instruct
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
Pensions and Postal

WASHINGTON, Oct. 26. - California
pensions:
Original twenty years service)-Thomas
Devine, San Francisco, 500
Reissue-Wiliam Henry Allen, San Fran
cisco, 49,
f. H. Fintell was today appointed post
master at Palmdale, Los Angeles county,
Cal, vice John MINI resigned
The contract for constructing telephone
line from Point Arena light station to the
town of Arena, Cal has been awarded to
the j. NJ. Klein Electrical works of San
Francisco at SIG.
The postoffice at Emerald Bay, FL Do
RADIO county, Cal, will be closed for the
winter on October 3lst. Mail will go to
Talac.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
Anderson Hold for Trial

".Alf." Anderson was arraigned yesterday
before Justice Young on the charge of as
sault with deadly weapon, alleged to have
been committed on G. ". Harvey at San
Pedro October 18th. He said his true name
was L. A. Anderson, and Justice Young
fixed his bail ct $1,000. The offense alleged
to have been committed by Anderson "a the
striking Of Harvey with the butt Of a re-
volver. The men got into dispute and An
derson says Hsrvey made some movement
with knife before he struck him.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

that they had been out around Harry
Browns place, but dneied forcible en-
trance Brown had missed suit of clothes
afterward, and the sudden departure OF the
boys from the city pointed suspicion in their
direction. Being followed by Officer Mug
nemi and arrested at Newhall, they were
brought back; but they did not have the
stolen property in their possession, and De-
putty District Attorney Willis moved for
the dismissal of the complaint against them,
there not being evidence sufficient to war.
rant their further detention.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
johnson Alleges DISCRETION

d Tae aRp dm sT.b of W Jhn1 ion for
came before Judge Allen yesterday for
hearing. Plaintiff alleges desertion on or
about March y, 1897, six months after mar
riage at Shelbyvilae, ILL.,, but the court con-
tinued the case for further hearing as to that
matter.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
Allowance to Little Edith

Judge Allen Yesterday, sitting in De
partment two Of the superior court ID place Of
Judge Clafk, heard petition for an allowance
Of so per month for the support Of Edith
Dorothy .Creede. from the estate Of n. c.
til the further order Of court. Edith is the
adopted child of the late mine owner. She
is now living with her natural mother, and
will probably be awarded most of Creede's
property.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
Arraiened for Murder

of San Pedro who is charged with the m nn.
der Of his playmate, Eddie Schmidt, on Sep
TENDER 10th last, appeared before Judge
Smith yesterday for arraignment. He was
represented by. Goodrich B McCutcheon as
counsel. Monday next was set as the day
for hearing.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
Two insanity Examinations

George Herbert, morphine fend, was
examined yesterday on the charge of insan-
ity. The evidence showed that he was
merely. suffering from the eeffct Of his ia
v.orite drug and he was discharged by Judge
was ordered to be committed to Highland
His pet hallucination is that he is to receive
office after the election.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
JoTTINos

Lovers Of good driving horses cannot
miss 1t by buying one Of our No. Chester
Columbus Buggy Co.'s driving wagons.
They have the Bailey hangers. long-dis-
lance axles and quick-shifting shaft COUP
nngs. Hawley, King & Co.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29


McFARLAND-In this city, October q,
1885, Owen Mcfarland, a native OF Ire
land, aged so years.
The funeral will take place from the res
No. sos West Washington street, at o'clock
today.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
Complaint Dismissed

Justice Young yesterday dismissed the
complaints filed against y. j. Heanev and
William Mcintyre, the boys charged with
burglary on Temple STRAIT. They admitted
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

On November 1st the Santa Fe will adj
vance rates to Chicago. First class from
$57.75 to $3.50; second class from s47 to
s52.50 to points east of Chicago in same pro-
portion.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
Our Home Brew.

Maier G. Zobelein's lager, fresh from their
brewery, on draught in all the principal
saloons; delivered promptly in bottles or
kegs. Office and brewery, 40 Also street.
Telephone 81.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

We have taken the agency for the Column
bia bicycle. Our motto Is, "Get the Best"
However, we have good wheels for $50.
HaWley. King & Co. Broadway and F1fth.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

All prices Of wall paper greatly reduced
A. A. Eckstrom. 8A South Spring street.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29
UNION MEETINGS TODAY

. Palmdale-
s J. Noonan Phillips.
. c. F. Edison.
. Redondo-
. J. L. Murphey.
. E. T. Hardin.
0 Glendora--
. Will D. Could.
, Frank James.
. San Fernando
, Nathan Newly
. Joe Simons.
. H. T. Hazard.
Ralph Hoyt.
Q Pasadena
. Hon. George s. Patton.
A. r. Sprague.
. Pomona
. Hon. c. A. Barlow.
. Jud II. Rush.
, Wigwam-
D Hon Frank Fl. Gould
. of Stockton and
, T. O. Toland
of Ventura.
, . . . . Q Q . . . . . . . .
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

Marvel Clothes Wringer, $1.25.
Floor Mop and Handle, zoe.
SGT. Galvanized pail. 16c.
rs IT. Wire Clothes Line, Csc.
10 doz. Clothes Pins, 10c.
bars Silver Medal Soap, 25c.
Large Galvanized Wash Tub. 6Sc.
Competition dashboard, 25c.
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

Clothing Sale
Since Wednesday we have been making a
record tor our Mems and Boys clothing
Two wholesale houses came to US for help
in unloading surplus stock. Every gar.
ment is of the latest Fall cut and is we'll
made. Mems suits from $500 to $500,
overcoats at $3.50 and $3.50. Every gar
ment averages 6Oc on the dollar
The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-10-29

35c Witch Hazel in quart bottles Csc.
15c genuine California Powdered Borax,
&c.
40c Banner brand Beef Extract, jar, 19c.
15c Porous Strengthening Plaster, &c.
csc CASTLE Soap, Anchor brand, 2-lb.
bar, 19c.
Toe 4-qt. Fountain Syringe, SOC.
15c Tourist Fold-up Curling Iron, Sc.
Soc Boracic Acid, perfect powder, h.,
CSC.
Mohave County miner., 1898-12-03

MINING
MENl
We have for sale at this Office
MINING DEEDS
MINING LOCATIONS
MINING LEASES
MINING BONDS
And blanks OF every description.
Orders by mail, accom- panied by
cash, promptly filed.
Mohave County miner., 1898-12-03
Lessons Notice.

To all whom it may concern:
Notice IS hereby given that the @. o. d.
mine with machinery thereon, situated in
Howell precinct, WallaI al mining district
Mohsve county, Arizona, is under lease
and bond to parties working the same,
and that neither said property nor myself
contracted nor injuries sustained by any
employer or employe in the operation Of
said mining property; that all operatives
engage in such service at their own rlsk
and that no debt is valid against said min
ing claim. JOHN LYNCH.
Kingman, Nov. 8, 1897.
Mohave County miner., 1898-12-03
Dissolution of Copartnership.

Notice is hereby given that the copart
nership heretofore existing between
George NJ. Bowers and James Twiggs has
been this day dissolved, George NJ. Bow.
ere retiring James Twrggs will pay all
bills and collect all accounts.
GEo. NJ. BOWERS,
JAMES TwIGGs.
Dated at Kingman, this 7th day Of
November, 1898.
Mohave County miner., 1898-12-03
Nine Warning Notice.

Notice Is hereby given that neither the Tin
tic mine nor the undersigned owner thereof
will be responsible for any debts contracted by
parties now working same on lease and bond.
G. W. BEECHER,
Kingman, October "a, 1898.
Mohave County miner., 1898-12-03
NOTICE OF SPECIAL MEETING OF
STOCKHOLDERS.

A Special Meeting of the Stockholders Of
Temple Bar Consolidated Mining Company
will be held at 10 o'clock a. m. on the first day
of December 1898, at the Office ofth Company,
in Kingman, Arizona for the purpose of chang
ing Section l OF Article XIV of the Bylaws of
said Company.
By order of the Board of Directors.
CHARLES Z. BOWERS. Secretary.
Dated this 20th day OF October, 1898.
Mohave County miner., 1898-12-03
NOTICE..
Mine Warning Notice.

TO ALL WHOM 1T MAY CONCERN:
L Notice is hereby given that the Diamond
Joe Mine, situated in Cedar Valley Mining Dis
trict, Mohave County, Arizona, is under lease
and bond TO parties working the same, and that
neither said property nor the undersigned will
be responsible for any labor or debts contract
ed, nor injuries sustained by any employer or
employe In the operation OF said mining prop
al their own risk, and that no debt is valid
against said mining claim. J. r. RUSSELL,
CHAs. ZIMMER.
KIs6MAs. August 30th, 1898.
Mohave County miner., 1898-12-03
Mine Warning Notice.

Notice is hereby given that neither the
Mexican mine, situated in Union Basin,
Mohsve county, Arizona, nor the under.
signed owner thereof will be responsible
for any debts incurred by the lessees
thereon. L. CUzINNo.
Chloride, October 7, 1898.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12

Madrid, Feb 10.-The lcsndidature
| of Senior Muruaga to succeed Gen. De
LONE has been Abandoned. The gov
eminent maintains its reserve, dssir-
ing to secure the approval of Wash.
ington, according to diplomatic GUS
tom, before appointing Senior De
Lome's successor.
The papers all discuss the De LONE
incident this morning and the possible
successor of the retiring minister at
Washington. La Correspondence de
Espana mentions Senior Muruaga. but
says it is believed nothing has been as
yet decided.
Ell Heraldo de Madrid deplores the
insidents. but remarks: Here we are
obliged to eedure not co|nhdenctial com
plants like Senior De Lome's, but at
taoks and accusations of every kind in
American official documents and in
Congress upon u country, generals,
government, and even our highest rep.
resentatives Of state. -
Ell Correo recognizes that Senior De
Lome's position became unite liable
when the letter was published,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12
DANGERS SALE.

| will sell in front of the Court House on
the FIRST MONDAY IN MARCH. 1893,
between the hours of IL IN, and 4 p. M. to
the highest aud best bidder, the following
described estrays:
A red Jersey grade COW with white in
face, white in TANKS. white belly, white at
root OF tail. small horns that nearly meet.
medium size. 3 or 6 years old. no ear marks
or brands. Taken up by Sam Haynes Oh
the Ames fsb-trap place in district 3 and
valued at SIS.
Also. a c~r"am."olored cow marked with
uuderbit In right ear. no brands, rather
small. 4 or s years Old, also Il red hciicr caIi
with no marks or brands. Taken UP by J'o.
Seaberry on the s. NJ. Thomas place in dis.
trict 3 and valued at 81.
Also. a red-side and frosty back COW
marked with Overbit and uBderbit in RICH,
ear and underslope in left ear, also u dark
brindle calf not marked. TAKEN up by J
l.. Reed in district 4 and valued at SIG.
Stock delivered Oh premises of taker up
p. 7. FERRIS,
feb5-1m Coroner and hanger.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12
Gov. Pengree's Suit.

Detroit, Feb. 9-Judge Donovan, Of
circuit court to-day ordered issu.
ce OF a manamus against the Mich
IN Central railroad in the ssuit
ought by Governor Pingree to com
| the railroad to sell him a Thousand
leage book good for not only himself
t for every member of his family,
/. $40.
Judge Donovan quoted several de
ions Of the United Ssates supreme
Flrt under which the right to regu
e fares and charges was reserved tt
J state. He concluded that the Mich
IN Central is under police power re
we'd to the state and that the "com
~ cannot fix rates by by flaws re
ynant to the laws of the state"
1T is clearly settled law that tn,
npany't whole system is under stat,
M and state control, 1t cannot es
t,e state statutes by its bylaws
sich conflict with the constitutional
uirments. In case of doubt, tn,
tie is entitled to the doubt, TIL,
ndamus will issue
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12

In this issue of The Star will appear
the law card of Messrs. T. w. Brame
and E. 1. Michael. Now this is a comb T..
nation of fact an talent that is Just sure
to win. The Sc n ::or member of the firm
If we mistake not, began the practice
of law in this countyan has by his close
application to study, and answering
interest of purpose and an unceasing
and a most vigilant watch care of his
client s interest, established a reputa
ton in his chosen profession that is in
deed praiseworthy in the highest sense.
We doubt if there is a lawyer in East
Mississippi more profoundly learned in
legal lore and who has delved to deepe,
dephth in the intricate problems of iur.
isprudence than Tom Brame, ESQ. II
is generally conceded thot he is one Of
the very best. Chancellor ATTORNEYS
that practices in our courts, and that
his industry is SO Tp~resevering and per.
sistent that ho client has never vet had
to complain of his remissnes, of duty
Kemper Star
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12

To show the growth of the cotton
mill industry in the south the Birming-
ham Age Herald makes a comparison
OF the number of mills built in the north
and south during 1897. In the north
south during 1897, III the north there
were twelve new mills erected; total
spindles 80, $40. total looms, 4179. In
the South thirty seven new mills were
erected; total Spindles, 5 1879, total
looms, 266, $50. South CaroTina leads
with II new mills. In this growth
Mississippi cuts no figure, not one mill,
or loom or spindle being placed to her
credit, But we do not think Justice is
done the State in the article. In the
large new mill at Meridian we think
there were several hundred more spin
dies put in. Mississippi will make a
better showing for 1898.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12

Mississippi law makers have persist
ltly e%ndeavored to pass a law thai
Ould drive trusts and combines out OF
lie state but SO Efar with out result.
he present legislature passed an act
hich was approved Jan, 31th, tc
mend section 4539 of the code in refer
ice to trusts and combines, to provide
,nalties for a violation of said chapter,
require the Attorney General to EN-.
rec the provisions of said act and tc
quire the Judges of the several cir.
lit courts to specially call the atten-
On of the grand juries to the provision
the law,
1t provides that every Corporation
ncerned in any trust orscombine shall
,rfeit its charter and the penalty is
Led at a fine of nat less than 500 nor
.ore than $4,000 Or imprisonment moi
sss than three more more than twelve
1nths.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12
AlCOrn A. & M Collepe,

The committee appoined to investi
gate the affair of the Alcorn A. & NJ.
College made their report to the legis
lature. The deposition of President E
H. Triplett was first taken, The re.
port says that Triplett is a capable mar
for the place he holds, bat has not had
a fair chance to demonstrate his ability,
but at the present he has all the power.
he ought to have.
The faculty are not wholly in accord
and sympathy with the president, and
this in the opinion of the committee.
Is IN a measure responsible flor the re.
cent troubles. but a change in either al
present would be injurious to the insti
tuition. Twenty or thirty studsnts have
lef the institution within the past
month
As to the real reason why all the
trouble exists the committee does moi
say, but thinks it chiefly due to the
recent shooting of p esident Triplett.
The agricultural department Of the
college has been very much neglected
but is showing signs of improvement
Fresh land is being opened and the old
land better cared for.
The mechanical department, as q
whole, is doing good work, but onpbl
to do more of it.
A. o. Coffin, secretary ana treasurer,
and Joseph Anderson and B. F. Ons' ey.
members of the faculty have been re
Gently discharged.
The committee recommends that the
college be given more attention apt
more thoroughly developed, the farm
enlarged, and the stock improved
Coffin is under So, 600 bond to appea,
for trial for shooting Triplett.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-02-12
PRIVILEGE TAX ON LIQUOR.
rs Gents Per Gallon, or Fraction
Thereof 20 be Imposed Upon IL.

Thereof TO be Imposed Upon IL.
Jackson, Miss, Feb. 8, 1898.
Rditor Clarion-Ledger-
Representative Blanchard Of Prentiss
county has a bill imposing a privilege
tax on all liquors delivered in any coun-
ty in this safe. Reports are to be made
monthly aud Is ent per gallon is to be
paid to the sheriff for each gallon or
fraction thereof, delivered, to be col
lected and accounted for as other priv
lege taxes. If the liquor is not shipped
in such a way that its quantity and nj
ture are obvious the consignor, when he
gets it, is required to impart that infor-
nation to the carrier and c~onsignee.
The Federal government has turned
over to the States the regulation of the
interstate traffic of liquors, There is
no question as to the validity of any part
of the proposed measure except the re-
quirement to mark upon packages in
which the nature of the shipment is not
obvious, the word liquor and the guam
tity. Good lawyers believe this provi-
sion will be upheld by the courts, but
the law could be successfully operated
without that feature, Shipments to
licensed saloonists are not taxed, land
not taxed, and the names of consignees
are not be given in itemized monthly re.
ports.
Under this law the state would get
the entire additional cost imposed on
liquor consumers, making it a tariff for
revenue strictly, and not enough to be
much of a hardship. The Weather
classes would pay the greater part of the
tax, and it would tighten the burden on
every other species of property Lii
quor obtained through common carriers
should be made to defray a part of the
government expenses, as well as that
sold in the governmental expenses, as
well as that sold in the open saloon. 1t
would be a means which the grand iu-
ries could also locate blind tigers.
When this principle was sought to be
e~ngrafted on the revenue bill by Senator
Noel, it was opposed chiefly upon the
grounds that the tax, which could have
been raised by counties and towns to 70
cents per gallon, was so high as to cause
e%vasions, and that such legislation
should not be embraced in the revenue
bill. The present measure, which has
been favorably reported in the House,
does away with these objections.
MEMBER.