davidaulloa/AmericanStories huggingface dataset:
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03

Annie A. Carly, through Johnson &
Shields, her attorneys, has commenced
suit in the Superior Court for divorce
from George c. Carly.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03
Is. F. No 1,164-Department Two
Filed July % 1897

F1leQ July 20, 1851
Edward Saltzman, appellant; Sunset
Telephone and Telegraph Co, respond
ent Damages for personal injuries. At
firmed.
The Code provides that when a mo-
ton for a new trial is made upon the
ground of misconduct it shall be made
on affidavits. A statement of the case
on such motion is unauthorized.
Held, that the rule THAT the affidavit
of a juror cannot be used to impeach a
verdict applies to dissenting jurors
where valid verdict may be rendered
by the concurrence of three-fourths: i.
e., in a civil case. The sanctity of the
jury room and the independence of the
jury must be strictly preserved.
In order to set aside the verdict on
the ground of misconduct of the jury
there must be some evidence of other
misconduct in addition to the mere fact
of separation, which has operated to
the party's prejudice. See note to Nc
Kenny vs. People, 43 Am. Dec. 65. So
where a Juror was permitted to tele-
phone to an outside party during the
deliberation of the jury, and the Depu-
ty Sheriff in charge was not at the re-
ceiver, it was grossly improper but not
sufficient misconduct as to warrant a
new trial being granted.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03
.sPkcxAL NOTICES.

hardware. bicycles. carts. buggies, car
riages, phaetons. Balm farm and header
wagons. Send for catalogue.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03

lutte guarantee to a1other of the debt
or. default of a third person. SPECIFIC
provisions upon particular subject
control general provisions for the class
to which that subject belongs.
The liability of a guarantor is not
to be extended by implication beyond
the terms of his guarantee. The Ian
guage used by him, however, is to re-
ceive fair and reasonable interpreta-
ton for the purpose of effecting the
objects for which he made the instru-
ment, and the purpose to which 1t was
to be applied If his language is fair
ly susceptible Of two interpretations.
either of which is within the spirit
of the guarantee, he is not at liberty
to say that the person to whom it IS
given was not justified in acting upon
either, or that he should have acted
upon one rather than the other.
In the absence of an agreement to
that effect, or evidence that such was
the intention Of the parties, the taking
of a note for an existing liability does
not constitute a payment OF the debt.
An account is not closed at each time
a footing is made, and the balance
carried to another column. See London
and San Francisco Bank VS.. Baud
man, 120 Cal, 22O.
A bank holding the note of its Gus
toner is not required, at it's maturity
or thereafter, to apply thereon mon
eys subsequently deposited by the Gus
toner, and an indorser or surety on
the note is not discharged by its omis-
sion to make such application. And
if the bank is not required to make
such application, its payment of checks
drawn subsequently to the deposits Is
not reloaning to the customer or
moneys that should have been applied
toward the payment of the note.
There is no connection between the
liability of a guarantor and his liability
as stakeholder in the corporation
whose debt he guarantees. One does
not depend upon the other, and in the
absence of any agreement to that eff
feet the guaranteed party is not to be
deprived of his right to enforce the
statutory liability.
See, also, Section 1,479, C. C. P, sub.
3.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03

than rattlesnakes, and yet
men run from the snake, and
invite consumption.
The time to cure consumption is before
it starts A little cough" is easy to
cure. Weak lungs may be made strong
before disease gets in.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03
ST. ANTHoNY's STATUE.
1t Was Unveiled and Blessed at
the Cathedral.

The statue of ST. Anthony of Padus
was unveiled and blessed yesterday
morning at the Cathedral, a large con.
gregation being present.
A solemn high mass was sung by
Father Brady, assisted by Fathers
Quinn and Morgan. Father Leahy
and Brother Aloysius were masters OF
ceremonies After the mass. Father
Quinn preached sermon on Devotion
to the Saints" and Father Brady, after
the sermon, unveiled and blessed thf
statue, which was imported from
France, and is after a model by one OF
the most eminent sculptors in Europe
and represents st. Anthony with the
infant Jesus in his arms.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03
Is. F. No. 1,e01-Department Two.
Filed July %, 1899

Is. F., No. ,167 = Department One
Filed July %, 1899
London and San Francisco Bank, re-
spondent; Louis B. Parrot ct al, de-
PENDANTS; Abby M. PARROT ct al, APP
pellants Recovery of overdrafts guar
anteed. Affirmed
An absolute guaranty is binding up
on the guarantor without any notice
of acceptance (Sec. 2193, c. c.. The
provision of Sec 1865, c. c., requiring
the consent of parties to a contract to
be communicated by each to the 9TH
err has no application to Contract
by which one person makes an ahsh-
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03
Is. F. No. 1,3SS-Department Two
Filed July %. 1897

Ezra Reed, executor, appellant; Eliz-
abeth 1. Smith and J. D. Smith, re-
spondents. Quiet title. Affirmed.
There is a presumption of the fact Of
delivery in the possession of a deed by
a grantee. Such presumption must be
upset by evidence by a party contesting
the deed.
When a father made deed of land
to his daughter, the mere fact that he
remained on the land occupying it with
her did not constitute an advance hold
ing as against her prior to the time
when, by act or declaration. he as
sumed a position hostile to her title.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03

Scrofula, salt rheum and all diseases
caused by impure blood are cured by
Hoods sarsaparilla, which is Americas
greatest medicine.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03

iSJ Nio SOu >ouio
, into any cen-
cry and find on
~ one stone in
p. every six the
~ words-"con-
y sumption,
pneumonia,
diseased lungs. +"
And if the truth
we're all told most
IF them would
'ay also !" due
% carelessness."
More men die
Of consumption
han are killed in
tie. Consump-
is more deadly
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-08-03

When man dies they put tombstone
over him and carve compliments on it.
But they don't tell what killed him. If
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02
craft. hull down the horizon.

craft, hull down the horizon.
The evolution began at o'clock and
in Is minutes the fighting line was
Strengthened out up the harbor. Ad-
miral Dewey was going to his own
place at the head of squadron that
would have won at need three battles
of Manila bay without stopping TO
breakfast
The head of the column was'a broad
arrow. Six torpedo boats spread out
as the boats, three on side, from the
Olympia's quarter. Outside of them
a flying wedge of police patrol boats
formed a great Y, whose apex was the
Olympia. Thanking them, ahead and
spouting great columns of water that
turned threateningly toward the ex-
cursion boats on either side when they
attempted to crowd the line of march.
But the pageant back of this power
full vanguard was not limited to
single nor sextuple line of ships. 1t
was sinuous marine monster half
mile wide, whose vertebrate were the
ships of the white squadron, and whose
ribs were rows upon rows of every sort
of floating thing that had ever run by
steam in New York harbor
When the fleet reached the turning
point the Olympia dropped out and
Admiral Dewey reviewed the parade.
AS the vessels passed the Olympia the
crews We'd in doing honor to her com
mander.
When evening fell, Dewey, exhausted
by the strain, retired to the cabin, and
the Olympia dropped down into the
harbor TO witness the pyrotecnic dis
play.
Never before in it's history has New
York witnessed so great a pyrotecnic
display. The great hulks of the bat
against the dark background of the
sky shone from stem to stern with
myriads of incandescent lights, while
all around innumerabIe brilliantly
decorated yachts and other river craft
honored the nations hero.
From the bay the letters on the
bridge, Welcome, Dewey" were
plainly OBSERVABLE and were one OF
the features of the celebration. The
night was dark and nature lent her
forces to the display of fireworks and
the sky was illuminated frequently
with flashes of lightning accompanied
by showers which interrupted the sky
rockets, but the good nature of the
crowds was not dampened.
The celebration continues another
day when the great civic and military
parade, led by the Olympia's crew, oc-
ours. Ir will be as distinctly land
celebration as the other was naval.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02
DEWEY GREETS CoGHLAN.

Hoch der Kaiser Incident Creates Merri-
ment.s
New York, Sept. 30.-Captain Jos. B.
Coghlan. WHO commanded the Raleigh
at Manila, and is now commandant of
the Port Orchard, Washington naval
station, called upon Admiral Dewey.
When he climbed to the head of the
gangway the admiral rushed over to
him and grasping him by the hand he
exclaimed: "Why, Joe, how well you
are looking" And then he went on
with twinkling eyes: What's this l
have heard about your learning to
sing?" Then selling the captains shout
ders he shook him as if Gliding him,
and both laughed heartily at the admit
rails reference to Coghlan's "Hoch der
Kaiser" song.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02

New York, Sept 3O.-No Roman con-
queror returned to his triumph of bar
barrie splendor; no victorious king or
prince coming home from a successful
war, ever received such a magnificent
ovation as overwhelmed Admiral Dewey
as he stood on the bridge of the Olym-
pia at the head of magnificent fleet
of steel thunderers of the deep, fol-
lowed by thousand vessels of peace,
each TERED and coated black with peo-
ple and sailed over the bright waters
of the upper bay and up the broad
pathway of the sunlit river, whose
banks were gay with millions of flags
and streamers dancing in the wind.
The wharves and piers and rocky
heights and grassy noles were black
with frantic. enthusiastic people, who
strived weakly to make their shouts
heard above the perfect bedlam of
footing whistles that accompanied the
admiral ashore and afioat.
AS the tomb of General Grant on
Riverside drive was reached, the fleet
paid its tribute to the memory of the
great warrior with national salute of
twenty-one roaring guns. The fleet
then anchored and reviewed the almost
endless procession of craft that steamed
past, so burdened with humanity that
they looked as if they would turn tur-
tie before they got back to their piers
Toward the end the parade became
disorganized, and it took hours for the
heterogeneous fotilla to get by.
Darkness at last brought relief to the
tired admiral, who had stood on the |
bridge for six hours, bowling his ac-
acknowledgements to the stentorian ex-
preston of homage.
New York has never witnessed be-
fore anything approaching this won
derful, remarkable demonstration. The
Columbian naval parade, the dedica-
ton of Grants tomb and the reception
of the North Atlantic squadron last
fall, all pale before this gigantic ova-
ton to the sailor who, in single
morning, destroyed an enemy's feet
without the loss of a mau or a ship. 1t
is not beyond the mark to say that
8, 100000 people viewed the pageant
million were af1oat.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02
MOTHERS TERRIBLE CRIME.
Kills Two of Her Children and Attempts to
Commit Suicide.

Kills Two of Her Children and Attempts to
Commit Suicide.
Detroit, Mich. Sept 30-Mrs. Clara
Rheiner, aged "a, last night attempted
to murder her three children and COM
NIT suicide. She gave the children
morphine, cut her own wrists and then
turned on the gas in the room they
were in. When discovered, two of the
children, aged 3 years and ID months
respectively, were dead. By hard work
the eldest child, aged z, and Mrs
Rheiner were resuscitated. Mrs. Rhei-
ner failed to cut the arteries in her
wrists, and the physicians at the hos
pital say she will recover.
Mrs. Rheiner made a statement to
the officers admitting killing the chill
dren, and said she wished she was with
them. She confessed to having had
domestic troubles, but stated that they
were not entirely responsible for heI
deed.
1t is believed Mrs. Rheiner is insane.
Her husband has not been found since
the crime was discovered, and she sayi
he has not been at home for three days
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02

largely lost. 1t started under bril-
liant sky, passed at the mouth of the
Hudson through the threat of an ugly
storm, and emerged through rain bow
arch that stretched from shore to shore
into a clear and brilliant sunset off the
Grant tomb
Immediately after Admiral Dewey
returned from the Sandy Hook, the
wig wager on the bridge signaled the
fleet to prepare to get under way. The
gangways were hauled up and the
booms rugged. An old quartermaster
hurried dark, smallroll of bun ting to
the main, hand over fist. 1t hung
there while the bugle sounded the call
to quarters, and the marines were mus
tered aft. Then. just as the signal to
weight was given, pull on the hall
yards opened the roll aud spread the
four-starred flag which Farragut flew
as he ran the Fort in New Orleans. 1t
was the flag which was presented to
Admiral Dewey
AS it broke, sailors at their stations
greeted it with the hip, hip, hooray we
got from our ancestors. The flag fioated
proudly. all through the pageant. tits
the most precious possession of Farra-
quits pupil, and when it is struck on
Monday, it will probably be forever
as it is altogether unlikely that Ad-
miral Dewey will ever command an
other fleet
At o'clock sharp the squadron got
under way. 1t was an inspiring mo-
ment, as the column started up the
harbor and the great naval parade be-
gan to be reality.
The brilliant code flags blossomed
like flowers on the Olympia from bridge
to maintop. 1t was the order to form
in column. The Brooklyn's pennant
snapped AYE, aye" from the signal
yard, and a duplicate set of flags passed
the order to the Indiana. whence it was
flung from ship to ship down the squad
ron. The black speed cones Of the
Olympia climbed slowly to her yards
as the big cruiser got under way.
The other vessels slowly turned like
a troop of cavalry, squadron front to-
ward the Narrows, and then fetching
graceful sweep, headed back up the |
harbor toward the battery, the Olym-
pia, escorted by the mayors boat, the
Sandy Hook, in the lead. Back of her,
at a 400-yard interval. came the New |
York, then the powerful Indiana and
Massachusetts, the fleet footed Brook
Iyn, the sturdy old Texas, the rakish,
yacht-like Dolphin, the old Lancaster, |
4 relic of another naval age, the pow
erful Chicago, and finally the little
Marietta, the rear guard of the fighting
raft. Behind stretched the transports
Ind further still. almost lost in the
distance, the yachts and miscellaneous
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02
Dewey,s Pet Lion.

New York, Sept. 30.--A lion cub has
been presented to Dewey. 1t is being
cared for on the Olympia and has been
named Chichester, in honor of the
captain of the British cruiser Immor
talite, which was stationed at Manila
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02
THE NAVAL PARADE.

Inspiring Spectacle of Hundreds of YES
sells In Procession.
II New York, Sept. 30.-The naval pa
rade from the vantage points of the
warships, was an immense marine pic
ture. water pageant with 30 little of
incident, compared with its great size,
that 1t appeared to the eye az q paint
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02
Soldier Turns Criminal.

Berlin, Sept 3o--Max Schlemaugk,
a major of United States volunteers in
the war with Spain, arrested for OBJ
tanning money under false pretenses,
is wanted in the United States for
forging postal money orders.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1899-10-02
ing rather than a drama.

ing rather than a drama.
The vast gathering of water craft
maintained an average speed of eight
knots, but SO magnificent was its area
that the impre ssion was one of exceed
ingly slow and stately movement.
The picture was continually chang
ing, but it melted so slowly and in
such measured rythm from form to
form that the sence of motion was
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-03-08

The informa ton from Washing
ton is that there will be no town.
site commissioners for the Chero-
kee nation appointed yet awhile.
Another attempt at an agreement
will doubtless be made at an early
day. and pending that event, it
does not seem TO be the policy of
the government to take any steps
toward enforcement of the town.
site provision of the Curtis act.
The townsite commissioners tor
the Choctaws and Chickasaws have
been appointed and have received
their instructions, and will pro-
ceed with their work soon.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-03-08

power to regulate these matters by
treaty, and had left it tsolely in the
hands of congress. Had the agree
ment been executed by treaty, as
it could have been done before the
passage of the aforesaid act, and
before it's ratification congress, an
ticipating that it would be done,
had passed the act dependent upon
the ratification of the treaty, to 60
into effect if ratified, and if not to
be void as a statute, there is no
doubt but thatit would have been
lawful. This has often been done
by congress in its dealings with
foreign nations, and its power to
do so has always been upheld.
Since the right to agree by treaty
has been taken away from them
and all of these matters have been
submitted to congress, why may
it not pursue the same course?
The matter referred to the In
dians was one solely within their
power to determine. Congress
could not constitutionally divest
them of the title to or control over
their realty; this was a necessity,
however, in order that the legisla-
ton should take effect. Congress
having no legislative power to do
this, how can it be said that it
delegated its legislative powers by
referring the question to those in
whom it alone vested? A power
that does not exist cannot be dele
gated. The ratification of the
agreement was not a legislative
act. Congress could not do it for
them; they must do it for them
selves. The act OF ratification was
simply contractual; it was the cul-
mination of long pending negotia-
tions between them and the federal
government. While it is true that
it had the effect OF giving force to
a statute and subjecting them to
its operation which would other
wise have been nugatory, yet the
thing submitted to them was the
and not the statute.
Would they enter into the con-
tract? If so, the statute would be-
come operative as to them. If
not, it would not.
Congress was legislating in view
OF the contingency that they would
the agreement that it.
had already agreed to;
and when this should be done,
there would be such change Of
circumstances as would give to it
the right to look forward and in
anticipation of the happening OF
the event, to legislate in view of
that contingency.
Legislation Of conditional
character, when its force is to de-
pend upon the happenings Of some
future event, or upon some future
change of circumstances, is not
unconstitutional.
The cattlemen in the Greek ma
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-03-08
JUDGE CLAYTON'S
LATE DECISION.
Curtis Law Conditional Upon
Ratification by Indians.


volving the validity of the Curtis
act, is of much Importance to
Cherokees inasmuch as it inciden-
tally passes upon the constitution
ality of the act as it relates to the
Cherokee nation. Herewith is
printed the portion of the decision
as would be applicable to the
Cherokee country;
Because OF the title and tenure
by which these Indian lands were
held, this legislation was impossi-
BILE without their consent. They
held their lands by fee simple
title. They hold them by a ten.
ancy in common. Congress had
no constitutional power to say to
them you shall partition your
lands and change the tenure of
your holdings 1t could oot re-
quire them TO sell to white men
the lands to be embraced within
the limits of the contemplated
cities and towns; nor could it take
from them the custody and con-
troll of their mines. Before this
could be done, their consent, be-
cause of the title TO their realty,
was an absolute necessity. 1t was
an event that must happen before
any law that congress might pass
to this end could have any consti.
tutional force. An agreement, SUBJ
stantially the one engrafted in the
act, had already been drafted and
agreed to by commissioners fully
authorized by the government of
the United States and these two
Indian nations. 1t, however, had
not been ratified by either. Con-
gress, looking forward to a con-
summation OF its purposes,
amended the agreement in a few
unimportant particulars, and as
thus amended, ratified it and en-
grated it into the act and passed
il into law. In this act the leg
islative will of congress was fully
and completely expressed, and
there was nothing left TO prevent
it from becoming operative as
law but certain impediment over
which congress had no control
and which could only be removed
by the Indians themselves by
vote of their people. This i'm
pediment was not the necessity
that they should consent to the
legislation. but that before such
legislation could become operative
they should consent to change
of the tenu:e and title by which
they bad beid their lands and a
surrender of,the custody and con.
troll of their mines, which, under
the scheme, they were to do by a
ratification of the agreement. This
title to their lands of the Indians
of the five civilized tribes has for
many years stood up as animpreg-
nable barrier against needed and
desired legislation. Every time
that congress wound attempt to
legislate in relation to the condi-
tion here it would run W against
it and find itself inwarted. The
whole object Of the agreement was
to place the title in such "a condi-
|tion as that this legislation could
|be had. The power conferred by
|congress on the commission to the
1--WE civilized tribes to bring about
this agreement, was for this pur-
pose. Congress-, by aot Of March
3. 1871, had diyesGeo tbeae Indian
tribes ind ihs United St&fes 81 lEe.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-03-08

The cattlemen in the Greek na-
ton who have leased pastures for
another. year are in trouble. Act
ing upon the advice Of the Dawes
commission the secretary Of the
interior has issued an order sns-
pending all such leases. st. Louis
and Kansas City commission men
are very much concerned, as they
have advanced large sums Of
money which has been invested in
cattle to be grazed in the Greek
pastures.
The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1899-09-07
Weiser Telephone Exchange.

The SIGNAL is iu receipt of a let
ter from the Rocky Mt. Bell Tele-
phone Co. at Salt Lake, stating
that the putting in of the local ex-
change at Weiser is delayed on ac-
count of the inability of the manufac-
turers to furnish the instruments
promptly.
The company simply can do
nothing, but is compelled to wait
All its material is now in Weiser ex-
cept instruments, and as soon as
they are obtained the local service
will be put in with expedition, which
will probably occur within two weeks.
There has been some prospect of nc
connection with the court house,
which would greatly reduce the value
OF the service to the town, but the
general superintendent assures the
SIGNAL that an arrangement has beer
made for connection with the county
building.