davidaulloa/AmericanStories huggingface dataset:
The record-union., 1899-02-10

terested in the estate. maintain actions
on the bond Of an executor or of any
former administrator of the estate
And where the complaint shows that
the deceased executor remained ac-
countable for certain sum belonging
to the estate and died without account
ing for it, jurisdiction to compel an ac-
counting from the proper parties vests
in the Superior Court as a court Of
equity.
executor are proper parties to suit
for such accounting.
See also Section 3S3. c. G. r.
Is. F. No. Department Two-Filed
February 2, 1S99)
Mary Hecalle, respondent; Southern
Pacific Company, appellant Action for
damages. Affirmed
A declaration to be admissible in evil
dence as part of the res gestae must
be an undersigned part, or incident, of
the occurrence in question. 1t must
be, in general sense, contemporane-
Gus with the main occurrence, al
though in the case of sudden accident
or attack, the declaration would not
be inadmissible merely because the
blow or collision Immediately preceded
it. So, where the injured party was
caught under the wheel of one of the
cars, and was still under the wheel,
held there firmly by the weight of the
car, at the time he made the declara-
tion, the accident had not been COM
pleted and the occurrence had not end
ed at the time, and therefore the declar-
alton was admissible.
In damage cases it is not the law
that the plaintiff must prove by pre-
ponderance of evidence that the in
jured party was free from contributory
negligence.
(Crim. No. 3S7-Department One-Filed
February 8, 1S99)
R. A. Patterson, appellant, Police
Judges Court, and Charles F. Conlan,
Judge thereof, respondent. Order sus-
tanning demurrer to petition for writ
of prohibition affirmed.
The fact that a Judge Of the Police
Court has formed and expressed an
opinion as to the merits of the matter
that he is to determine does not dis
qualify him to hear and determine the
matter. A Judge is disqualified to act
as such in an action or proceeding only:
1. When he is party to or interested
in the action or proceeding pending. 2.
When he is related to either party or
to his attorney or agent within the
third degree g. When he has been an
attorney in the action or proceeding. f.
The record-union., 1899-02-10

Aguinaldo does not appear to have
shown up in the fight Of Sunday. He
evidently does most of his war work
with his jaw. 1t is conceded that he
has two dangerously active and skilled
Generals under him, but it is nowhere
claimed that any one fears the prowess
OF the diminutive Aguinaldo himself.
The record-union., 1899-02-10
Recalling the Adage.

s'Madge is engaged. She is going to
the cooking school,"
Yes, that's so; cheese straws show
which way the wind blows
The record-union., 1899-02-10

The Legislature of California has
done well, has reflected the sentiment
of the people of the commonwealth, in
petitioning Congress against the seat
ing of the polygamist, Roberts, and
likewise in asking that the Federal
Government by proper statute put the
seal of its condemnation upon poly
gamy by pronouncing 1t to be a crime.
The record-union., 1899-02-10
SUPREME COURT DECISIONS.

SYLLABI.
e.. A. No. 372-In Bank-Ffled Febru-
ary 2, 1899
Ward respondent: Yorba, appellant.
Action to reform and for performance
of contract. Reversed, Mcfarland, j.,
dissenting.
The court cannot make new con-
tract for two parties, but can only
cause their actual agreement to be ex-
pressed according to its terms. Nor
can it reform the instrument accord
ing to the terms in which one party
understands it, unless it be shown that
the other party also has the same un-
derstanding of its terms. The terms
of the signed written instrument pre-
vail over previous negotiations of the
parties unless it be shown that, by rea-
son Of a mutual mistake, 1t does not
express their actual agreement. Evil
dence of an agreement between the
first party and the latter party's at
torney is insufficient unless it be shown
that the latter party assented thereto.
See also Sec 1891, c. c., subd. 1.
o. A. No. 5S3-In Bank-Filed Febru-
ary 2, 1S99)
Henrietta Anderson, respondent; Will
lam H. Anderson Supersedeas. Writ
granted.
A party who has caused a judgment
awarding alimony to be collected and
paid through a receiver appointed by
the court for that purpose is not en-
titled to have the Judgment enforced by
writ of execution against other estate
of the defendant
See also Sec. $40, C. c. p, by which
the giving of an undertaking in the
sum of $500 ''stays proceedings in the
court below upon the judgment or or
der appealed FROM
Is. F. No. S32-Department One-Filed
February 2, 1S99)
Lingard ct al, respondents; Beta The
Ia Pi Hall Association, ct al, appel
lants Mechanics lien. Affirmed.
The defendants in their answer de-
MED that within thirty days from and
after the completion of said building, to
wit: Upon the 9Th day of April, 1894,
or at any other time or at all, plain
tiffs did file for record their or any
claim of lien containing a statement
of their demand" etc Held, that this
was but a denial of the time of fling
the notice of lien. and of the sufficiency
of it's contents to create lien, and
cannot be construed as a denial of the
allegation in the complaint of the time
when the building was completed.
Is. F. No. 319-Department Two
Filed February 2, 1S99.)
Clara J. Slater, administrative, etc,
appellant; H. b. McAvoy ct a1., re-
spondents. Action by Administrative
against :bondsmen of former aadminis
traitor. Reversed
Under Section 1 $50, c. c. F., IAN ad-
ministrator may, in his own name. for
The record-union., 1899-02-10
DISQUALIFIED.

"Timmins had to shut up his barber
shop"
Didn't it pay?"
Yes, but he lost his voice"
The record-union., 1899-02-10

There was gain of $24, ,7O3 in the re-
ceipts of the Foreign Missionary So
ciety OF the Disciples of Christ for the
past year, the amount being $130.925.
The record-union., 1899-02-10
Weather Forecast.

Northern California: Partly cloudy Fri
day, with light showers in the extreme
north portion; light west wind.
The record-union., 1899-02-10
American and European Workshop


There are many machine shops, both
in England and on the continent, that
viii supply complete plants of machin-
cry and manufacture within their own
walls boilers, engines, shafting, hang
ers, pulleys small tools and all sorts of
machines, both large and small. While
this state Of affairs may be explained
historically, it cannot be defended as
an economic principle, in the light of
modern practice. The very opposite
policy is followed by most American
makers Of machinery. Many concerns
devote themselves entirely to one line
of machinery, and have no hesitation
whatever in refusing orders for any
thing which they have not made a spe-
cial study. A natural segregation has
occurred in all the arts and sciences,
and the American idea or specializing
in the manufacture of machine tools
is but a practical application of this
principle. European nations must fol-
low the same lines. If they hope to
compete.-H. F. L. Orcutt, in the En-
gineering Magazine
The record-union., 1899-02-10

La grippe averted by drinking Glen
brook'-$3 a gallon. Theo Blauth, 40
K street Tel 291.
The record-union., 1899-02-10

When it appears from affidavits that
either party cannot have a fair trial
before any Judge of a court of record
by reason of the bias and prejudice of
such Judge.
The dismissals Of the various charges
against a party in the Police Court
constitute no bar to further prosecu-
tion againt him. Penal Code. Sections
500 and 1887. Also, ex-parte Clarke
"a CAL, 415.
The record-union., 1899-02-10
Is. F. No. 1919 Department Tw

Clara J. Slater, administrative. etc,
appellant; H. b. McAvoy ct al, re-
spondents. Action by Administrative
against .bondsmen of former sadminis-
traitor. Reversed
Under Section ,5S6, c. c. F., IAN aa-
ministrator may, in his own name. for
the use and benefit Of all parties in
The record-union., 1899-02-10
-1N TILE sIPERIoR couRr. COUNTY,

IN THE SUPERIOR COURT, COUNTY
In the matter Of the estate OF
Notice is hereby given that FRIDAY,
O'clock p. m. of said day, and the Court
room Of said court, at the Courthouse IN
ramento, and State Of California, has
been appointed as the time and place for
proving the will of said Charles y.
application of Mary e. Schwan, for the
issuance to her of letters testamentary
thereon. -. =
court this I'd day of February, 1899.
(SeaL) w. B. HAMILTON, Clerk.
BY. B. Fl. Gallup, Deputy Clerk;
Indorsed: Filed February 2, 1893.
w. b. HAMILTON, Clerk.
BY B. H. Gallup. Deputy.
J. H. Liggett, Attorney TOR Petitioner.
The record-union., 1899-02-10

Ellington pianos. Wiley B. Allen CO..
Try McMorry's 45c tea 531 NJ.
The record-union., 1899-02-10
THE GRIP CURE THAT DOES GU

Laxative Bromo Qunine Tablets removes tn
cause that produces La Grippe. The genuine ha
L. B. @. on each Tablet. 25c.
The record-union., 1899-02-10
MUNYON'S:

1 Will guarantee
that my Kidney Cure
will cure 90 per cent.
OF all forms Of kidney
complaint and In
many instances the
most serious forms Of
Bright's disease. II
the disease Is COM
plfcated send 4 four
ounce vial Of urine.
We will analyze 1t
and advise you free
what to do.
MUNYoN.
The record-union., 1899-02-10

fact which of that school teachers task
is indeed and requires perfect system and steady
to be able conduct classroom in manner That
Rpan bue help the system perfect order strengthen
prominent school Philadelphia
who "I have teaching the Ninth Grade the George
Wharton School for the eight years. and hard
comprehend what task have when get set
pupils from the lower Sections You requires patience
assduy discipline and educate boys and the task
Especially this the during the examinations when
and the drain From
leaning and marking for six hours
get headache and entire system gets shattered but
Tabue straighens morning ready
for the task again. feeling fresh the effects the
magic Tabue the night certainly wonderful
nvgorng wasted and in this
the sentiments Of all the teachers section every one Of
whom has used them with equally beneficial results
%
The record-union., 1899-02-10

Senate bill 499 is intended to blot
out the slot machine gaming devices.
Pass 1t In a hurry. The things. nine
out of ten, are cheats and deceits. Ar
range the mechanical device as fairly
as is possible; let it be ever so correct
and true; let it operate as fairly for
one as for another; still it will be a
gambling machine, device in which
the machine proprietor is bound to win
and the players as a whole are bound
to lose. 1t is stimulant to gaming.
1t is a lottery on the machine plan,
and the law and the Constitution put
their seal of condemnation upon the
lottery. If legislation will do it, by all
means smash the nickel-in- -the-slot ma
chimes. The bill in question has one
especially sensible provision, namely it
makes it the duty of all peace officers
to enforce the law. 1t is not proposed
that it shall become a dead letter by
reason of no one considering it his duty
to enforce it.
The record-union., 1899-02-10

Senator Warehouses; bill 497 comes
altogether too late in the legislative
season. Why was it not sent to view
long ago. So wise and humane
measure ought to stand in the front
rank of advanced bills made sure of
consideration and passage. It IS
bill providing that in every
county and city provision shall
be made for the keeping separate
and apart from all others of juveniles
detained in jail on charges for offenses
committed, or for other reasons. 1t Is
provided that these separate quarters
shall be SO arranged that the juveniles
cannot see OF hold communication with
adult prisoners Juvenile prisoners are
those, under the bill, of either sex un-
der the age of 16 years. The bill has
a snapper at the end that excites ad
miration. 1t imposes upon the Superior
Judges of the counties the duty of
requiring the local authorities to COM
ply with the commands of the law.
Aiidt has liiS ilSut ting. 1hc ShoAiAe
and the wonder is that California has
so long permitted her jails and prisons
to be schools Of crime. The bill tells
its story on its face. It presents the
argument and reason for 1t in its title.
There is no sensible, decent or other
reason that can be advanced against
it. The LEGISLATURE should manifest its
appreciation of the humane character
of the measure by advancing it to the
front of special files at once and put
ting it upon its passage without delay.
The record-union., 1899-02-10
BAY RESTAURANT
1925 Second street.

Private rooms for families open day
and night. Orders served outside. Ovs
ters in every style. MATT and JOHN
RADONICH, Proprietors-
The record-union., 1899-02-10

FIRST-CLASS HOUSE IN EVERY RE-
spect. Ladies dining-room separate.
Open day and night BUCkMAN CAR
RAGHER, Proprietors. No. 1913 Second
street, between and K. Sacramento.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08

freighis than at any town in this
section Of the state. Facts and fig
ures support this stasflnent. Her
trade is rapidly= - wing every
year. ~
No man has a mosilpoly Of any
one line In Bryan. very line Of
business Is reprcset ol and they
all want to sell you ~ @bds, and they
offer them at prices that can't be
beat in any town in Texas.
If you have produce o; any kind
Tor sale you can always find mar
ket for it in Bryan, and taken all
around II is safe to say that you can
find no better market for your cot.
ton or cheaper place to buy your
supplies.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08
Immigration Tor Texas.

A Fort Worth special 10 the Dallas
News says Mr.. l.. seabrook Of Port
Layaca passed through the city We'd
nesday en- route home from northwest
ern states, where he has been in the
interest Of immigration for Texas. In a
conversation with News correspond
ent he said.
~ found the capitalists and represen.
tative business men In the cities ! vis-
tied at the north deeply interested
in Texas. This was especially the case
at Des Moines. the large and growing
capital OF the prosperous state OF Iowa
This intercourse with Texas is increas-
ing constantly and they not only know
much Of the states vast undeyeloped
resources. but speak Of her ~ COM
monwealth occupying an initial position
on the map and which will bear In the
future the same relations 10 the great
trans Mississippi country that New
York does to the northeast. The COM
merce Of the large territory this side OF
the hig river, they predict, will find an
outlet lhrouge her borders to the for
eign world and enrich her fully as
much as the development Of her own
vast local resources. While ! was in
Iowa the Chicago papers were full Of the
cheap railroad rates to and from the
Texas ports and were calling on the
east-bound lines to protect the com.
merce OF the Windy city. IL was easy
to see which way Iowa sentiment lean
ed. ltiayored the gulf ports as a mat
ter Of course. These interior people
seem TO study and discuss these mat.
ters more than our people, and II Is not
strange that a good deal Of capital from
that section has lately been put into
Texas investments. Most Of the money
now deyelopeing the east Texas rice
fields comes, a. is known, from Iowa
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08
Proposal.

Sealed bids will be received to July
Is, 1889, by the undersigned committee
for the furnishing Of 80 cords Of good
split wood; 90 cords for white schoo
and 20 cords for oolored school, bids
% be filed with j, A. Myers. Nothing
but good wood wanted. Committee re.
serves the right TO reject any and all
bids. IA. Myers, chairman,
NJ. Parker,
NJ. II. James.
l73 50 COMMITTEES
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08
Private Mailing Card.

Private Mailing Card.
Office Postmaster General, Wash
engton, d. c. June 23.-Order No.
354-The following act Of congress,
approved May 10, 1898, authorizing
the transmission in the mails of
private cards bearing written mes
sages, is published for the imforma-
tion Of postmasters and the public.
THAT from and after the first
day Of July, 1898, it shall be lawful
to transmit by mail, at the postage
rate Of a cent a piece, payable by
stamps to be affixed by the sender,
and under such regulations as the
postmaster general may prescribe,
written messages on private mail
ing cards, such cards TO be sent
openly in the mails, 10 be no larger
than the size fixed by the conven-
tion Of the universal postal union,
and to be approximately OF the same
form, quality and weight as the
stamped postal card now in gen.
eral use in the United States"
/. Cards must not exceed in
size 81 by 81 inches.
2. The quality Of the cards must
be substantially that of the gov
ernment postal cards, and weight
about 6 pounds 3 ounces to the
thousand.
3. They may be Of any color.
4. The cards must bear these
words at the top Of the address:
private mailing card-authorized
by act of Congress Of May 10,
1895" ("Postal card-Carte pos l..
tale.") When prepared by print.
ers or stationers for sale, they
should also bear in the upper
right.hand corner Of the address
side an oblong diagram with the
words "Place the postage stamp
here" and in the lower left-hand
corner the following words should
be printed This side for the ad.
dress"
.. The postage rate applicable
to cards for the United States, Can.
ada and Mexico, is cent. For
other countries the rate is 2 cents.
6. The face Of the card is reserv.
ed exclusively for postage stamps,
post-marks and the address, which
may be in writing, printing by
means ofa stamp, or by an adhe.
sive label or not more than three
fourths Of an inch by two inches in
size. The sender may in the same
manner indicate his name and adj
dress on the face or back of the
card; and engraving and advertise
ment may be printed on the front
il they do not interfere with a per.
fectly distinct address.
Z. The message on the cards may
be either in writing or print; and
there may also appear on the mes.
sage side advertisements, illustra-
tions, or other matter printed eith-
er black or in colors.
s. There must be attached TO
every card mailed an adhesive post
age stamp Of the proper value.
8. The privilege given by the act
is not intended to work a discon,
tinuance.of the government postal
cards. These will be issued ant
sold the same as heretofore.
10. This order takes the place OF
order No. 212 Of the 18th of June
1898, which is hereby rescinded.
CHAs. EMERY SMITH,
Postmaster General.
@-
] NfAR N N
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08
Legnl RIanks.

The Eagle carries full line Of the
following named legal blanks, AMI sells
them in small quantities At the prices
quoted. For larger quantities. call at
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08
For Sale at a Bargain.

A New Home sewing machine, as
good as new aud In good running order.
See J. G. Gregg at once. 1893
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08

A handsomely illustrated monthly publication
20 pages, engraved covers in colors issued by the
| G. n. r. r. descriptive of the matchless re-
sources Of and for the encouragement Of intelligent
farming, and industrial and general enterprise in
during March.
Will be sent TO any address on receipt Of %
cents in stamps or otherwise TO cover postage for
year, or of two cents to cover postage on sam
pie copy. Address:
D. j. PRICE, G. p. s. T. A..
Palestine, Texas
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08
The |. & G. N"

THE ILLUSTRATOR AND GENERAL
NARRATOR OF Facts
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1899-07-08

Palestine. Texas
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1899-11-03
Bad BIood-Cure Free.

Bad Blood causes eating sores, tr
mors. ulcers, cancer, are al
durable by B. B. B. (Botan1t
Blood Balm), which is made es
pecislly to cure all terrible blood dis
eases. Persistent sores, blood and
skin blemishes, scrofula, that resist
other treatments, are quickly cured by
3. b. B. botanic Blood Balm). Skin
eruptions, pimples, red, itching ecze.
ma, scales, blisters. boils, carbun.
Giles, blotches, catarrah, rheuma-
tism, ETC., are all due to bad blood, and
hence easily cured by B. B B. Syphi-
little blood poison (producirg mucous
patches. eruptions, falling hair), liter
ally driven from the system and
cure made bv B. B. B. (Botan-
lc Blood Balm), in one to
i've months. B. B. b. does not contain
vegetable or mineral poison. One
bottle will test it in any case. For sale
~ druggists everywhere. Large bottles
81, six for SIS. Write for free
ample bottle of B. B. B, which will
'e sent by return mail. When you
write, describe symptoms, and person.
i free medical advice will be given.
Address Blood Balm Co., Atlanta, Ga.
aug ly
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1899-11-03
Senator Mason Threatens to ResIou.

VIM. E. Mason, junior l. nited States
Senator from Illinois. declared one day
last week that he would resign if the
Republican National Convention in
1900 did not declare against criminal
aggression in the Philippines. Mr..
Mason even went so far as to say he
would resign if the convention favored
offering the Fillpinos canned free
dom, as he thought it might do. There
must be no evasion on the vital issues
OF pure and unadultered freedom, or
the Senator will step down and ou'.
Then Mr.. Mason proposes to stand tor
reelection to see whether the Hi.
nois general assembly sides with him
or with the policy of the Mckinley
administration.
II have talked the matter over with
my wife and a few ultimate friends, :"
said Senator Mason II will not talk
for publication on the policy OF our
administration in the Philippines un
I'll after congress cOnYenes and the
question comes before that body. au
opposed to criminal aggression, but
not to expansion. II it develops that
am not in touch with the people who
made me their Senator. there would be
only one thing for me to do-resign
and give the party a chance to select
another for the last two years OF my
term.
II will serve through the coming
session and wait until the national
convention enunciates its platform. II
probably will offer the Fillpinos canned
freedom. II the platform on this issue
does not meet my views, will resign.
But / want to serve notice right now,
however, that 1 shall be a candidate
for re election"
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1899-11-03
The Farmers Majnstay.

Among the many valuable speeches
and papers relating to Southern agri-
culture presented in rapid succession
by Mr.. G. Fl. Jordan, of Geargia, ap-
pears the following paragraph
while we are advocating a revolu-
ton in our farming methods, permit
me to make plea for the farmer g
wife. Give to her every possible di-
version which your limited means will
permit. Make her home life attractive
and inviting. Every farm in the
country should have its garden of
bright flowers and varigated shrub
berries. Nothing brightens room more
or Is apt to receive the tender care of
woman than flowers. Indulge your
wives and daughters, as often as pos.
sible, in that greatest of all boons 10
women-social pleasure. Every neigh
borhood should have it's woman social
club, devoted to literature, sewing or
lovely conversation. Women on the
farm should be of the CHEST order of