davidaulloa/AmericanStories huggingface dataset:
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04

| Is. F. No. 1,477-Department One
| Filed June 26, 1899
| Hattie Pitch, appellant; Charles A.
| Miller ct al, executors, respondents.
! Action for work and labor. Reversed.
Held, that the new sections added to
| the Code of Civil Procedure in 1897
and numbered 663 and $685. do not
have the effect of repeating or in any
| way modifying section 963, c. c. P,
which provides for an appeal from a
! final Judgment. Therefore, an appeal
from a final Judgment entered in the
Superior Court has the same effect and
is to be heard and determined in the
same way as before the enactment of
the added sections.
Is. F. No. 1,O35rDepartment One
Filed June %, 1899
Herman Mesenburg, respondent; Jas.
Dunn, appellant. Action to set aside
contract. Affirmed.
Where the main purpose of an ac-
ton is to have a contract declared
null and void, on the ground that the
plaintiff was induced to enter into the
contract by the false representations
of the defendant such action is equita-
BILE, and neither party is entitled, as
matter of right, to jury trial.
Is. F. No. 791-Department Two-Filed
June "a, 1890
Estrella Vineyard Co., respondent;
Raisin Growers Packing Association
appellant Action for value of goods
sold and delivered. Affirmed.
In the first count of the complaint
the plaintiff alleged delivery to defend
ants as commission agents under q
specific agreement by defendants to
make returns of proceeds at given
price; the second count was laid on
quantum meruit the third count al.
legged an agreement to sell and deliver
for a given price. Held, that plaintiff
upon such complaint was not obliged
to elect C. C. P, sec. 427. Cowan VS..
Abbott, 90 Cal, 100.
The general rule of contracts, sub
ject to some exceptions, is that in or
der to bind the principal and to make
it his contract, the instrument must
purport on it's face to be the contract
of the principal, and his name must be
inserted in it and signed to it, and not
merely the name of the agent, even
though the latter be described as agent
in the instrument; or, at least, the
terms of the instrument should clearly
show that the principal is intended to
be positively bound thereby, and that
the agent acts plainly as his agent in
executing it.
The average price of an average crop
of raisins for a season is not admis'
sible in evidence as to the market value
of shipments consigned from one State
to another at different dates. When,
however, the raisins are sold in one
place to be delivered at the same place.
and there is evidence that there waa
a market value for raisins at such
place, such evidence is admissible.
Is. F. No. 1OO4-Departmen Two =
Filed June %, 1S99.)
J. E. Clune, appellant; H. w. Quit
zow, respondent. Recovery of money. /
Affirmed.
Section 594, G. C. p. provides:
Either party may bring an issue TO
trial, or to hearing, and, in the alb
sence Of the adverse party, unless the |
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04

and before the expiration of the sixty
days the notice of lien may be filed.
In fact, the giving of credit for a
longer period would not affect the time
within which the notice of lien must
be filed.
A general demurrer should be over
ruled if the complaint entities the
plaintiff to any relief.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04
guile second, Dick warren third. Time

HARNESS RACES POSTPONED.
DAVENPORT Qa.), July 3.-The
harness races have been postponed to
| Wednesday, on account of rain. The
! Fourth Of July special events are un-
affected.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04
Fatal Electric Storm.

ULYSSES (Neb.), July 3.-During an
electric storm last night, Victor and
Ira Dobson, a son of John Amos and
two unknown men were struck by
lightning and killed. The team they
We're driving was also killed.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04
SUPREME COURT DECISIONS.
SYIIABI.


| Is. F. No. S94-Department One-Filed
June %, 1899
Porter, respondent; EliZalde, appel
liant. Action for services. rendered as
counsel. Reversed.
An attorney at-laW has no general
authority by virtue of his retainer to
employ counsel or assistants at the ex-
pense of his client, without previous
authority or assent on the part of the
client.
The authority of an agent cannot be
established by his own declarations in
the face of evidence that he had no
authority.
When one knows that another Is
rendering him services, and tacitly as
sents thereto, if nothing more appears
the law will imply provision on MS
part to pay for such services.
The rule is not uniform nor abso-
lutte, however, but will be recognized
or refused, according to the circum-
stances of the particular cases in which
it is invoked; and when it appears that
the services were rendered under an
express employment by an agent, or
by third person who assumed to act
in the interest of the one in whose
behalf they were rendered, the author
ity of that person and the terms OF
the employment become important fac
tors in determining the liability or the
right of recovery. The mere silence of
the party will not be held to conSt1-
tute such assent or acquiescence In
the acts of the agent as to amount to
a ratification or adoption of these acts,
without also considering the circum-
stances under which the silence exist
ed.
The acquiescence of a client in the
appearance of an attorney and per-
Torrance of services by him in the case
is not legitimate evidence from which
a jury may infer an implied contract
between them to pay for such serv-
ices, where the client has before EN-
ployed other counsel at a fixed fee.
Is. F. No. 1,045-Departmen One
Filed June "a, 1899
William Knowles, respondent; e. ].
Baldwin, appellant. Action to recover
for balance due on contract for re-
pairs. Affirmed.
Section 1,1S4, c. c. p, provides that
by the terms of the contract at least
20 per cent of the contract price shall
be made payable at least thirty-f1ve
days after the final completion of the
contract. Section 1,1S7 provides that
the contractor, at any time after the
completion of his contract and until
the expiration of sixty days. may file
his contract of lien. Held that, read
ing the two sections together, it IS
plain that by the terms of the contract
at least % per cent of the contract
price must not become due until thirty
five days after it's completion, and
that at any time after the completion
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04

Self-made men and homemade fur
niture may be strong and reliable, but
the polish is usually lacking.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04

IS. F. No 1O05-Department Two
Filed June %, 1899
Margaret E. Bane, respondent; M. n
Peerman, appellant. Action in claim
and delivery. Reversed.
For failure to state cause of action,
see Truman VS.. Young, 121 Cal, 400.
Sufficient findings to support judg-
ment must have a basis in the plead
ings. They never cure the absence of
an essential allegation.
Findings of fact must be within the
issues.
Is. F. No. 1197-Department Two.
Filed June "A, 1899
Queen Montgomery, ct al, minors,
respondents; ]. ]. Rauer, appellant. Ac-
ton for moneys had and received AT.
firmed.
Where one receives from a guardian
what he knows to be trust funds, and
receives them as such, he cannot charge
them with the individual debts of the
guardian.
See section 1890 c, q
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04

Court, for good cause otherwise direct,
may proceed with his case and take q
dismissal of the action. or a verdict,
or judgment, as the case may require. I"
&c. where plaintiff fails to appear at
the trial and the defendant appears
! and testifies, he has the right to pro-
coed and to have a judgment finally
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04

Is. F. No. 1,477-Department One
Filed June 26 1897
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-04
~ hildren's NM
. One-Strap Sandals, Jul
Al nkle Supporting IN
N Shoes for Children, 0IuU

Fine kid lace shoes with high stiff counte
running from the heel seat to the top OF the she
Flexible sewed soles. Just the thing for grown
children and those with weak ankles.
Sizes to S, $Ioo.
Sizes to 8, $I.35
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
INVESTIGATING oUrRAGEs
White Citizens Have Taken the Mount
Marian Affair In Hand.

GREDNWoop,s. e., Aug. 1s-sever-
al hundred white men met at Mount
Marian church today TO Fear a repor.
from the committee appointed to in
Vestlgate the recent outrages com
committed on negroes in tine Noun.
Marian section and elsewhere.
Hon. ]. NJ. Gaines for the committee
stated that no effort had been made
TO excuse or shield any one, but that
dilisent inquiry had failed to elicit in
formation sufficient TO recommend the
arrest of any one
The first case was that Of a negro
who, it was renorted, was organizing
4 plot against Phoenix and one who it
is thought took part in the ambushin;,
last fan. The second was found to be
4 personal mattcr between a white
man and a negro.
The third was one in which two
women were concerned.
The fourth was that Of three negro
men and grew out OF q reported Tres
pass on white mans crop and SO on
down the list
There was only one case for which
they could not find a cause and that
was the unmerciful beating Of Jake
Richardson.
Negroes appeared before the meet
ing 70 give evidence. but many Of
them We're afraid to tell the names Of
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
the White men who inflicted the punt
shmcnt.
TOLD NARROWING TALES.

The meeting evidently thought the
committee had not been as thorough as
it might have. been in the investigation
and several OF the negroes who had
been whipped. ana who were present,
We're called for ana questioned, FIRST
having been pledged protection by the
whit" people by IL unanimous rising
vote, tor amy information they might
give that would lead to the arrest Of 1T
least some of the guilty parties.
The tales they told were narrowing
in the extreme. especially is this true
Of old man Jake Richardson, as he t6d
how thcy dragged him from a sick bed.
beat him. then rlvishcd his wife. No
one who looked in his face doubted the
truth OF his statement, but unfortu-
nately he would not divu!ge the names
Of any OF his asS;lil;lnts.
WILL. ISSUE WARRANTS.
Five other negroes gave evidence
against Joe Jones. Jesse Cauley Will
liam Wilson and Robert McCaslan, all
white men. sufficient to warrant their
arrest and the sheriff will execute ia
pers against them at once. All the cv-
iucnce went to show that there WAS I,
dozen or more of the white cappers and
still others may be arrested.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
cuERrs STILL HOLDS THE FORT.
He Rejects Proposition to Surrende,
Will Not submit to Arrest.
(Ry TGlegraph.l

FARIs, Aug. Ism. Guern decided
tonight 10 enersetically maintain his
own propositions and refused to accept
those proposed by General Lacquey.
Mt. Guerins decision not to sur
render was delivered after Il deputa-
ton OF the natural defense association
waited upon him and informed him Of
t!l. contents OF the semi official note.
General Jacquey and NJ. Firman
Faure, levisionist and anti-sen,ite, a
deputy from Gran. Algeria. had num-
erous interviews during the day with
members of the Chamber Of Deputies
and also With Premier WaIdeck-
Rousseau, whereupon General Jaquey
submitted his propositions for sufren-
der.
MILL <STARVE MONSIEUR OUT. [
The government mas decided to make
no forcible attempt at arrestng NJ
Guc,n. His citadel Will be closely be-
siesed and he Will be starved out.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
ASKS no SEE rIIE nnss1r

.AoNo ~ SEE THE DOSSIER.
~ thls Juncture the colonel said II
would facilitate his explanations if ha
were permitted to see the secret dos
Il have already had it in my hands
put ! rear my memory may fail me on
on some points," -
What you ask replied IN nres,
dent of the courtmartial, is imnossIhla
The ministers orders are absol1Ite III .
secret dossier can only be Axanina3
under certain conditionsn
regret 1T answered Picuuart "brf
VIII Try to refresh my ,nerory.''
Inc witness explained why Major
~ Patty de Giants transla ton of the
~ VlSnon document, which was class
ca as ldiotic. was open 10 doubt ana
why the document, if it HAD any mean
ing Whatever, was as applicable 70
Esterhazy as to Dreyfus.
OF NO IMPORTANCE.
Regarding the correspondence OF the
military attaches, the witness demon
strated the insigniicancc of the cor
1espondcnre as convincing and a.;
clearly indicating an officer of tho
second bureau, PicGuart maintained
that the terms of the correspondence
indicated that the writer intended to
ask friend and not a SPY for the
lnformation desired. Many 11eadquar-
ters officers. he pointed out, were on
cordial and absolutely legitimate
terms With the foreign military at
tachcs.
Colonel Picquart then took up the
Cette canaillc de D. document
He called the attention Of the court to
the fact that it was addressed by
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Springs from Bacillus Icteroides,
Says the Commission.
MAN AND MONKEY CATCH III
Theory. l;ut Admit That the Produc-
tion OTIS Potent Autiser,,m is Pos
sible Text of the Report. W..
I2y Telegranh.l


WASHINGTON. Aug. 1s-Thc report
Of the commission appointed by the
president in 1897 from the Marine Hos
nltal Service staff to investigate the
nature Of yellow fever was today
made public by Surgeon General Wy
man. The commission was connoscd
of Surgeon Eugene Wasdin and Pass
ed-Assistant Surgeon Geddings, both
OF them yellow fever experts.
BACILLUS ICTEtOIDES DID 1T.
The conclusions Of the commission
are summarized as follows:
covered by Professor Giuseppe San
arelli, Of the University OF Bologne.
lial:. and by HIM named ''bacillus
icteroides' is the cause Of yellow
fever.
Second that yellow fever is ma
the degree varying with the species,
that in some rodents local infection is
very quickly followed by blood in
fect!on and that. While in dogs and
RABBITS there is no evidence of this
subsequent invasion OF the blood. mon
keys react to the infection the same
las man.
! INFECTION BY RESPIRATION. X
Third. that infection takes place by
way OF the respiratory tract, the pr-
mary colonization in this tract giving
rise to the earlier manifestations Of
| Fourth. that in many cases Of the
disease. probably a majority. a pri-
mary infection or colonization in the
| lungs is followed by a secondary in
ection. or secondary colonial ton of
| this organism in the blood Of the pa
| Trent. This secondary infection may
be complicated by the coinstantaneous
passage Of other organisms into the
blood, or this complication may arise
| during the last hours of life
| a EXCEPTIONAL CASES.
Fifth. that there is no evidence ia
support the theory advanced by Prof
| Sancrhlli that this disease is primarily
| a. sept ctyenlia.f = il1;ls1l1gTct as cases IL
occur in which the baccillis icterodes
tcannot be found in the blood or orga rs
| in which it might be deposited there
| from.
sixth. that there exists no casual
| relationship between the bacillus ..x''
Of Siernbur and this highly infectious
| disease and that the bacillus s'X'' is
frequently found in the Intestinal con-
tents OF normal animals and man as
| We'll IS in the urine and tlle bronchial
secretion.
Seventh, that SO far as your com
mission is aware, the bacillus ictero-
| ces mas never been found IN any body
other than one Infected with yellow
lever, and that whatever may be the
cultural simiarities between this ara
other microorganisms it is characteriz-
! ed by specify which is distinctive.
| AS TO -ANTISERUM
! Eighth, that the bacillus icteroides
is very susceptible to the Influences in
| furious to bacterial life and that it,
ready control by the processes of dis
injection, chemical and mechanical, is
| assured.
Ninth. that the bacillus icteroic,es
| produces in vitro, as we'll as in vita. :.
| toxin of the most marked potency; ana
| thar, from our present knowledge. there
exists a reasonable possibility OF tn,
ultimate production OF an antiserum
arelli"
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
EMPRESS n1EssENGE1 ARRESTED
George II. Davis, Of Richmond, is Charged
with Lar ceny of %I 900

Especial to the Daily ?:ess.)
WASHlNGTON, Aug. 1S--A warrant
today was sworn out by the Southern
Express Company charging George
Robert Davis with larceny of the
package containing $1,000, which mys-
teriously disappeared from the ex-
press car ON which Davis Travelled be-
tween this city and Atlanta.
he is now in Jail in default Of
bonds.
The larceny case viii be heard on
next Wednesday. when he is to be ar
raigned on the charge Of assault with
intent to kill Arthur Baumgarten
which occurred last Wednesday.
His brother from Richmond is now
here
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Steamer Essex Reaches Norfolk
After a Thrilling Experience.
PASSENGERS SUFFERED MUCH
Caught In the Storm. With 30 Pass. II e ers
and Il Valuable Cargo on Board, THO
Staunch Vessel. Had II Hard
Fight for Life.
G;y Tr1rrr:1,,l, \

~
NORFOLK, Aug. 1s.-Thc steamer
EsseN. of the Merchants ana Miners
transportation Company, arrived; here
this evening after q severe fight Of over
ninety hours with the seas which roll
ed mountain high and winds which
reached hurricane velocity.
She left Savannah. Ga. Monday at l.
O'Clock. bound for Baltimore. and met
the fury Of the gale off Tybee island.
SEAS SWEPT OVER HER
She shipped considerable water and
her cargo of general merchandise is
damaged. The seas at times submerged
hei, and. according to Captain Dizer,
she had a narrow escape.
Her twenty passengers suffered quite
severely She took on q supply of coal
and proceeded to Baltimore tonight.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
BIG BOILER ExPLODEs.
Seven Men Are Killed and Three Daa,v
Injured.
(BY Telegranh

CHICAGO, Aug. 1S-A special to The
record from Tamico, Mexico. says: 9
BY the explosion of the boiler Of a
locomotive on the Mexican Central
railway, seven men We're killed and
three others injured
A HEAVY ENGINE
me locomotive was standing on the
s.de.track at Cardenas when the ex-
ploslon occurred. It was of a SPECIAL
pattern and of great siza. being used
TO maui trains up the mountain.
Among the killed are four American
engineers who We're in the cab. s3
THE KILLED.
Hussy. and Gibson. sN's
Another American engineer named
Lockhart was standing near he.
locomotive when the explosion oc-
Cured. and was hurled distance of
one hundred feet and fatally injured.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Loss OFIFFE FULLY 500,
ioWh OF Red sshy, Island of 4Andros, Swept
Away by the storm.

: ~ = '~fC tfETF.I
JACKSONVILLE, FLA, Aug. is
according to Miami despatch to the
Lines Union and Citizen Captain Dill
ION, OF the steamer Cocoa states That
the town Of Red Bay on the island OF
Nndros, twenty miles southwest Of
nassau, was swept away in the recent
tropical hurricane and about 3OO li.,,e
LOST. ~ ''t .
AN eye witness Of the storm estimated
INC me loss OF life on the island was fully
ooo. Scattered through the wreck ar
houses at Red Bay after the storm sub
s ss ne SAID, We're hundreds OF corpses
o. persons of all ages and classes. Cant.
Dillon says the wind blew at the RI n
or ninety miles an hour at Nassau ans;
lnat occasional gusts reached lO5 miles
an hour -
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Judge Wii,ett Take,

NEW YORK, Aug. 1S.-Judge Jos. NJ.
Willett, president of the Bar Associa-
lion of Alabama, announced tonight
that there would be no single represent
tative conference Of Democrats favor
ing IL conservative candidate ana a
conservative platform in 1900. He said
that he was holding daily conferences
with Democrats from various sections
OF the country and that he expected TO
meet nose interested tomorrow and
Monday when he hoped to be able to
make q public statement
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
stemners Out on a Strike,

fBy 'Tclegraph)
A.-Al>lsiG II, ~. G., Aug. 1S.-A special
TO the News and Observer from Wins
ton n. G.. says: About 100 stemmers In
the employ Of w. r. Smith & co. ex-
portcrs Of leaf tobacco. went out on
!. strike today. They demanded an in
crease in wages which was refused
Colonel Smith says he is paying the
saint rate as stemmers receive for The
same work in Richmond. DanyiI]n anI
other large tobacco markets.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
cur CHALLENGER ARRIVES.
Ths Shamrock Looked Slucy and Game rs
She Passed Sandy Hook.
(By Talaproph !,

z SANDY HOOK, N. T., Aug. 1S.-The
GpSchallengeEsS hamrnelzrsin- taiu,.-1,ass-
sed the Sandy Hook bar inward bound
at O'Clock this morning. She is
painted light green and although not
very beautiful in her present kitch rig
she looks TO be Very saucy craft anF,
may give the Columbia SQUARE fight
WREN properly lifted out
Slr Tho's Lipton's steam yacht Erin
lolloWsd close in her wake. She wa,
only fifteen days on her passage. not
IN, NOR IMAM half as long as was expected
Ne Erin toWed her about 1000 miles in
light winds and Gains While she sailed
leo. miles llnuided
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Town r:urnso, Perhaps by Incenatary.
O.Y Telegraph >

: ~ --- wv IL Tt!5 TstpH.J ----
MACON, GA. Aug. 1S.-4A special to
the Telegraph from Rcchcl!, Ga. says:
A negro recently threatened to burn
UP the town because he was sentenced
TO work on the streets. Last night the
town was set on fire and every wooden
building except two was destroyed.
inc newspaper plant was among the
NUMBER. About ten establishments
We're destroyed.
The suspect has not been captured.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Melon aud Fruit Growers convent,,n

10y -ICICSTaph.J ~ :.
:, W AEON. GA, Aug. 1S-Hon Pope
l,rn"sl, president of the State agri-
cultural society. has been asked to
can Il convention of melon growers and
run raisers Of Georgia. Florida and
Aiaoama. The convention will discuss
inc shipping and sale OF fruit.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
TWO KILLED IN SAW MILL.
Douglas Sheare- and Fred Smith Lose
Their Lsves; Hive Others Injured.

C3y Telagraph)
NORFOLK, VA, Aug. 1S.-By an ex-
rIosion in Hitch's saw mill, near Nor
folk, this afternoon, Douglass Shearer,
ard Fred Smith We're killed
Gus Osborne and Preston Williams
were seriously injured and three other
men were painfully hurt. The mill was
rot running today and it is supposed
that the engineer let the water get too
low.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Governors Consistency.
(CIifion Forge Review.

ICIIIIOn Forge TtcVicW.)
That's all right. Governor W. ali
understand that you We're against Mar
TN IN lS9,' Your letter explains the
matter fully: You were then FOR the
same man you are row supporting-J
Hoge Tyler
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Eighteen Killed, sixty 1ri,,red.

LONDON. Aug. 1s--By an explosion
today in the Llcst colliery, in Glamor-
sanshire. Wales, eighteen. persons were
! Killed and Sixty others are still III
danger
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19
Calendar for This Dav,
We ather Forecast.
y (By Tclcgraph.)

-I-7------ -VI6y IGICsTtaph.J --3--
WASHINGTON Aug. 1S.--Forecast!
Tor Virginia Unsettled weather PROD
ably showers Saturday. Sunday fair
and warm; high north-easterly Winds
on coast, diminishing during the day.
Daily press. [volume] (Newport News, Va.) 1896-current, 1899-08-19

KANSAS CITY 80 HOURS LATE:
SAVANNAH, CA, Aug. 1S.-The
steamer Kansas City, reported sailed
from New York Tuesday, is thirty
hours overdue. At midnight she had
not been sighted at quarantine