davidaulloa/AmericanStories huggingface dataset:
The record-union., 1899-10-02
SUPREME COURT DECISIONS.
SYLLABI.

SYLLABI. 4
Is. F.. No. 1.S65-InBank-Fiie Sep
tember %, 1S99.)
Charles G. White, petitioner; Supe-
rior Court of San Francisco and j. c.
B. Hebbard, Judge thereof, respondent.
Original proceeding by prohibition.
Subdivision of section 5S1 of the
Code Of Civil Procedure, providing for
the dlscontinuance and dismissal Of
actions unless the summons has been
issued within one year. and served,
and return thereon made within three
years after the commencement of the
action, or unless appearance has been
made by the defendant within said
three years, is prohibitory and manda-
tory 1t is not unconstitutional so far
as 1T is made applicable to pending
suits.
Such right to a dismissal cannot be
protected or enforced by an appeal
from possible Judgment.
O.. A, No. 549-Department Two
Filed September %, 1S99.)
A. Hope Doeg, appellant; F. s. Cook
CT al, respondents. Damage for per-
sonal injuries. Reversed.
The liability of public officer to an
Individual for his negligent acts or
omissions in the discharge of an official
duty depends altogether upon the na-
ture of the duty to which the neels ct
is alleged. Where his duty is 4abso-
lutte, certain and imperative, involving
merely the execution of a set task. in
otner words, is simply ministerial, he
is liable in damages to any one spe-
c1ally injured, either by his omitting
TO perform his task or by performing
1t negligently or unskillfully. When
an individual sustains an injury by the
maifeasance or non-feasance of a pub
lie officer. who acts or omits to act.
contrary to duty, the law gives redress
10 the injured party by an action
adapted to the nature of the case.
An action cannot be maintained
against several defendants Jointly for
damages. when there has been no
concert of action or unity of design
amongst them. But, on the other hand
Where direct personal injury is occa-
stoned by the separate but concurrent
negligence of two parties at one and
the same time, an action will lie
against one and all of them.
A plaintiff need not recover iudg-
ment against an official before pro-
ceedlng against the sureties upon eis
ofnclal bond. The official and his
sureties may be joined in the same
action.
The record-union., 1899-10-02

These publications are sent either by
scribers with charges prepaid. All Post
masters are agents.
The best advertising mediums on the
Pacific Coast
The record-union., 1899-10-02

(Sac., No. 512 - Department One
Filed September %, 1899
w. H. Hevren, appellant; d. J. F.
Reed ct al, Board of Trustees of City
of Tulare, respondents Prohibition.
Affirmed.
The writ of prohibition is for the pur-
pose of and can only be granted for
arresting proceedings without and in
excess of the jurisdiction Of some in,
ferior tribunal, corporation. board or
person. Section 1102, C. C. 2. The com
plant or petition in any case in pro-
ceeding against a Board of Trustees of
city would have to show that the
persons against whom the writ was
sought were board either de facto
or de jure. and that the proceedings
were in excess of the jurisdiction of
the board as a body
Upon demurrer the court below will
consider the applicants case to be
such as he has stated in his pieadings,
without investigation or inquiry touch
ing. the merits of the action.
It is only in cases where the inferior
tribunal is about to do some act un-
authorized by law that the writ of pro-
hibition will lie.
The authorities authorized by law to
grant a retail liquor license have the
power for good cause to revoke the
same.
Such a license, whether revocable in
terms or not, is neither a contract nor
property in any constitutional sense
but is subject at all times to the police
powers of the State Government.
The record-union., 1899-10-02
LIST OF LETTERS.

Remaining in the Postofflce at Sacra-
mento, October 2, 1899:
LADIES' LIST.
The record-union., 1899-10-02
THE WEEKLY UNION,

TWELVE PAGES.
Is the cheapest and most desirable Home
News and Literary Journal published on
the Pacific Coast.
The Weekly Union, per year. co
The record-union., 1899-10-02

(Sac., No. 544-Department Two-Filed
September %, 1899
j. IT, Davis, appellant; p. H. Clark,
respondent. Motion to dismiss for fail
ure to prosecute. Order dismissing &C
ton affirmed.
The court has power to dismiss an ac-
tion for want of prosecution is set
tied law. The only question in such a
case is whether or not in so doing the
court has abused its discretion.
(Crim., No 572 - In Bank - Filed Sep
tenber 20, 1899
Ex-Parte Robert 8. Clarke, on ha
beas corpus. Contempt of court. Pris-
oner discharged,
The record-union., 1899-10-02
TWAS WE'LL MANACEp.

Vacaville Reporter: We think the
managers of the recent State Fair
have every reason to congratulate
themselves upon the success they have
Won 1t is one thing to make a good
fair; it is another to make a good
show pay. Both have been accom-
plished, the balance sheet showing
over $4,000 to the good. The manage
ment was a broad gauge one and in
terested the people of the State in the
exhibition at Sacramento. Hence it's
success
The record-union., 1899-10-02
THE DAILY RECORD-UNI0N.

UPTOWN BRANCH OFFICES.
At Thomas w. McAuliffe & Co.'S Drug
Store. southeast corner of Tenth and j
streets
OAK PARK AGENCY-Carter's Black
smith shop, corner Thirty-fourth street
and Sacramento avenue.
The record-union., 1899-10-02

a BIG THING.
Marysville Democrat: The closing of
the harvest on the Glenn ranch is said
to have been a grand one this year.
Nine harvesters started on a 5O0-acre
field near st. John in the morning, and
in the late afternoon not a spear was
to be seen. The army of mules and
men with the machinery was a sight
seldom seen. Forty-five hundred sacks
We're sewed. There were fourteen
teams, each of six mules and several
horse teams and wagons. The grain
was all carried to the river bank.-Co-
'nSa Sun.
This is one Of the big things Cali
ornia can boast of, but the least said
f it the better. These large farms
are curse to this part of the State,
as they are the principal cause of the
slow progress in population and pros
perity. This Glenn estate was the
The record-union., 1899-10-02
A FRONT YARD.

Alameda Encinal: owing to the re-
cent national developments San Fran
cisco has really become the front yard
OF the nation, instead of the back
yard" remarked Benjamin Ide Wheel
er, the new President of our university,
to an interviewer in New York yester-
day, before starting for California.
That is an, intelligent way of regard
ing the situation. No part Of the world
ever had better commercial possibili-
ties than those within our reach at the
present time, and we are fools if we
do not take advantage of them.
The record-union., 1899-10-02
VOICE OF THE PRESS.
EXTRACTS FROM EDITORIAL
EXPRESSIONS.
State and Coast Opinions on SUBJ
jects Of Living News
Interest.

Santa Barbara Press: The campaign
is on in the United States of Ohio. The
Democrats are trying hard to divert
attention by saying it has no slgnlii-
canoe other than the usual State cam
paign. but this platform deals with
national issues throughout, and for
this reason it will be fought on national
lines and will, accordingly, be more or
less regarded as of national import
ance. The Democrats, have, as usual,
followed their course of an anything
town platform. The Republicans VIII
stick to principle, the past proud rec
ord of the party, its present efforts and
the prosperity of the country, and on
this it will win, as it certainly deserves
The citizen., 1899-05-05

In their strife for mental equality
with men. says writer in the Ladies'
Home Journal, women have uninten.
tionally broken down fine reserve Of
manner which previously lent them an
air of mystery, of superiority, in the
best sense, than which no element is
more successful in holding a mans in
test, love and respect. The young
woman who greetS man friend with
"Hcllo, old man. or its equivalent in
modern slang. might in reTurn be
called "a peach" but she would be a
peach with the bloom rubbed off.
Every day | become more convinced
.llai at the root of the increasing evi.
dcnce of widespread marital unhappi-
uess would be found the familiarity
that breeds contempt. When a boy
climbs tree for green apples or cher
rits, whichever he prefers, he con-
stantly sees a better one higher up be-
yond his reach. until he neary breaks
his neck to get the one ont of his
stretch, partly hidden by foliage. And
So mans ideal woman hangs at the
1ip-top of the tree of knowledge. II
the ideal drops into his hands he
throws it to the ground as worthless
aud begins to climb again. Would it
be reasonable to think, after working
80 hard for cherries, that he would
value them long if he ate surfeit Of
them?
The citizen., 1899-05-05

1t is a very common practice to put
away food that comes from the shop in
the brown paper in which the dealer
wraps it. While this may be conven-
lent, it certainly is open to serious OBJ
lection on the score of health and
cleanliness. Most of the cheap papers
are made from materials hardly up to
the standard of the housekeeper's ideas
of neatness; and although a certain de-
gree of heat is employed in their prep
aration it is by no means sufficient to
destroy all the disease germs with
which the raw material may be filled.
When it is taken into consideration
that waste papers Of all sorts, and those
used for all purposes, are gathered up
and worked over into new paper to
wrap our food in, it behooves the
housewife who cares for the health of
her family to see to it that articles Of
food remain in contact with such
wrapping the very shortest possible
time
1t is not unusual to see meat, butter,
cheese and other extremely susceptible
articles put away in the very cheapest,
commonest brown paper.
Immediately upon the receipt of soft
groceries or fruits they should be put
into earthen dishes, and under no cir
cumstances should they be allowed to
remain in the papers in which they
are delivered
1t is useless to expect that a better
class of paper will be employed, and
so we may as well make up our minds
to guard against the trouble by shift
ing all articles of food to some dish
that is absolutely free from contami-
mating elements.
The citizen., 1899-05-05
4 silence That Paid.

Il made 1000 once" said the man in
he macintosh. "by mercy keeping
NY mouth shut
"Was it an auction? asked the man
Il the slouch hat.
"\O"
"Iligh-priced doctor asked you to
show him your tongue and you didu't
40 it?' ven ured the man who had his
feet on the table.
NO. 1t was'--
Found it in the street and didn't
say a word about it to anybody?" Sug-
yeSted the man behind the blue glasses.
do it on a bet!' inquired the man in
he ulster.
Burglar asked you where your
money was hid, and you We're struck
speechless and couldn't tell him."
laZarded the man with the gray must
lche.
You think you're pretty smart"
said the man in the macintosh. speak
ng to the crowd generally, but you're
lot None of you wouiu ever guess it.
made the $1,000 in the simplest way
II the world. A rich old uncle who
vas visiting us told Il story we'd heard
him tell hundred times before. | was
he only one in the fanny who didn't
vawn. and he remembered me in his
will"
The citizen., 1899-05-05
Sleeping Machines,

Experiments have been made re-
Gently with some curious devices in the
shape of sleep machines" Sleep will
sometimes result from fatigue of the
eyes Looking at trees or other OBJ
jects as we rush along in the train will
frequently send us Off"
An ingenious gentleman has pro-
duced a machine for this purpose. 1t
is a box surmounted by two fan-like
panels, one above the other, revolving
horizontally in opposite directions.
These panels are studded with mirrors
that throw upon the retina a vibrating
flood of twinkling light.
A similar effect is produced by star
ing at bright ball placed high above
the hand, so that some slight strain is
caused by staring at it.
Another apparatus for causing drow-
siness is formed Of clamps for squsaz-
ing the arteries leading to the brain.
The clamps remain in position for less
than half a minute, and by that time
the sufferer from insomnia has been
placed in a state of somnolence by the
decreased flow of blood to the brain.
Still another method is to arrange
an elastic battery in the bed so that a
mild electric current acts upon the
spine.
The citizen., 1899-05-05

One of he first men to reach san
Francisco with Il hoard of l[loudiSc
god was an iriShman named Finnc-
gan, who had been very poor before
he struck il rich. and who, consequence
ly was unfamiliar with many ordinary
Il cages of Il life of luxury.
"Oi say. yrz kin bring me two dozen
eyestcrS,' he said. airily. as he took
eat in one of the finest restaurants
IN Frisco.
The oysters were soon set before
h m. and Fiunegan. looking about him
tor something to nut on them, and
harcry knowing what the something
should hc spicd Il bottle of Tahasco,
ami proceeded To season the hiValves
not wisely but too we.
lmpaling IN oyster upon his lork
ne thrust it into MS mouth. then leap
ID to his leet with terrific roar Of
pain, auu began dancing about and
yelling like 4 madman.
sec here" cried the proprietor.
rushing 10 the tlole, keep still. or
I'll NJ, YOU out!'
n p-put me out. / it? Oi wish ye2
would put me out" yelled Finucgan.
Me insides is hlazin' loille Il match
factory"
The citizen., 1899-05-05
RemnlkNiI-c I-nngrylty.

In a southern family lives an old
man named JEFF, who has been with
them and the previous generation for
more years than they can remember.
He is certainly pretty old himself, so
his mistress was rather surprised when
he asked to have a few days off to go,
as he put it, "up to de old state of New
Haven" to see his aunt.
"Why, jeff" said the lady, your
aunt must be pretty old, isn't she?"
"Yes'm," he replied; "yes'm; my
aunt must be pretty ole now-shes
about 105 years old now"
"a hundred and five years!" exclaim-
ed the lady. why, what on earth is
she doing up there in New Haven?"
Deed, don't know what she's do
in, ma'am," rejoined jeff, in all SER
iousness; She's up dere livin' wild her
grandmother!
The citizen., 1899-05-05
AN ENDLESS CHAIN.
a Business Man Tangled Up With a Gen.
eral Utility Citizen.

Il suppose we all get caught at
times, remarked a well-known busi-
ness man, but | have had an eX-
peflence that was particularly morti-
Tying to one who has been in business
for forty years.
Il received, some time ago, a letter
from party living in a little town in
the weSt, who wanted small bill of
goods.
"Nc> ending his name in either Dun's
or Bradstreets, | wrote the postmaster
for the mans standing. | received
very flattering letter in return. saying
that the party l inquired about was
one of the towns solid citizens and
good for any amount.
This allayed aly suspicion that l
had, and l forwarded the goods
ordered.
Il sent three bills before l received
an answer, and then it was not salts
factory. | allowed the matter to run
Tor some time, and, ut last, getting a
saucy answer in reply to a letter of
mine asking for settlement | lost my
temper and wrote. the postmaster Il
letter, telling him to hand the matter
over to the leading attorney in town
for collection, no matter what the cost
would be.
1T wasn't long before | received an
answer from the postmaster saying he
had followed my Instructions and
handed the matter to an attorney, who
had succeeded in collecting the am
ount. but at considerable expense
In fact, the attorney had Il bill against
me for SO more tlsan he had collected,
and that he (the pOStmaStcrD had paid
it and would look to me for the
amount.
Here was a situation. | hadn't
instructed the postmaster to act as my
cashier. but thinking that was the
western way of it. and not caring to
have the fool postmaster lose the
amount, sent hill check, and con
'idered the matter closed
But the other dSy chanccd to meet
4 party who formerly lived in that
Town, and | asked him if he knew the
party who had beaten me out of Il
Dill of goods. He said he did He was
| general utility man for the whole
leighborhood. Ran a general store
Kept the post office, and. when he
could get nothing else to do. took what
business ne cou.- set as a lawyer He
added that he appeared to be making
money, but it was Il mystery to every
me how he managed it,
But it was no mystery to me. ]
lad seen a great ligh. He has an end
ess chain arrangement that will make
lim fortune if some one doesn't get
mad and go out there and kill him.
The citizen., 1899-05-05

The question of feeding hogs for
bacon instead of lard is again brought
to the front hv consular agitation of
the subject. One of our conSuls located
in an English city points out that with
in n given wear the United Kingdom
imported five million hundred weights
of bacon, largely from the United
States vet our own sold for S4 to Sc
less than Canadian and Danish bacon.
due to the unsuitability of the product
from the standpoint of English con
sumers' taste. He indicates the chief
disadvantage of our bacon in the eX-
ceSSive amount OF fat. At the same
time he agrees with many farmers in
our western corn belt who maintain
it will not pay to feed for bacon: that
there is more profit in crowdng hogs
with corn in order TO get weight even
though 1t is lard fat. All this. how
ever does not alter the fact that our
Canadian cousins are making good
money by feeding large amounts of
peas and such other rations as pro-
duce lean bacon. The question may
we'll he asked, why may not some such
course prove profitable in our northern
states. including Minnesota. Wiscon
sin, New York and New England.
The citizen., 1899-05-05
AGNES WAS AIDING PAPA,
At the Same Time She Was Aiding Her
Own Dear George

AZ the Same Time She Was Aiding Her
Own Dear George.
A suspicious noise behind the DOR
there's attracted the attention of the
mpetuouS young lover. He fancied
he had heard it once before, but the
:uddlesome young girl who was snug
gled closely in his arms made him
almost oblivious of what was going on
around him. But now he was sure,
and it was only the work of an instant
to deposit his lovely burden on the
sofa and rush to the other end of the
room. His worse fears were realized,
Tor as he tore the curtains apart he
caught sight of mans coat tails dis
appearing into another room.
What does this mean, Agnes?" he
demanded, facing the girl, who stood
Dale and trembling
Il can't tell you an untruth. George"
'he answered bravely. ut was papa"
You knew he was there and you
lldn tell meT again he demanded
Yes George" she said firmly. but
without any anger in her voice. Il
Knew it. We arranged it all before
land."
through all those performances of
sitting on my lap. smuggling up in my
arms and kissing and hugging me
when you knew your father was
Watching u.s.
1T is all quite true, George" she con
'essed. In fact. before you came
papa had me rehearse some of the
positions with MY brother, SO that |
:ould do them nicely-put some soul
nto them, as he expressed it"
"Blackmail"' cried the young man.
i was foolish enough to think YOU
'cally cared for me. Just because my
,ather is Il rich man you think you
AN bleed us by threatening to bring
preach of promise suit. But | tell YOU
5Our fathers evidence of what he has
seen and heard wouldn't he worth
.ent against our family influence
Il guess the evidence would be con
.luSivc enough" replied the girl with
laugh. rendered bitter by his insult
ng tone.
"Foiled" hiSSed the young man. as
he terrible reality dawncd upon him.
20, George" cried the girl, as she
hrew her arms around his neck. this
hing has gone far enough. There is
lot going % he any reach of promise
uit. You know papa is in the kincte-
cope business. He wanted to get up
new series of pictures. and prOmiS-
ID to help him out ON condition that
le would give his consent when You
vent and aS..ed him if you could marry
ue."
The citizen., 1899-05-05

Believing it to be the duty of every
postmaster in the United States To
leep in the post office. and thus be on
land to guard its interests at all hours,
vc moved our bed from THE Kicker
Dtlice several months ago. While the
)tiice closes ut o'clock in the evening.
my of the boys who come banging at
he door from that hour to daylight
AN arouse us and get their mail.
0n Monday night last about the hour
If midnight. we Were aroused by some
)ne fixing six bullets into the door.
We got out of bed ard asked who it
VAS and what he wanted, and Il
strange voice replied that if we didn't
land him out q hatful of letters he'll
ill the old building full of lead. He
added that he also wanted Il drink and
4 haircut, and that we'd betreI be
lively about it, We were nvely. We
10 not run Il saloon and barber shop
connection with the post office We
;Ot down our Guns and opened the door
md shot three bullets through the
strangers whiSkers and three more
through his nat, and the way he went
,alloping down the street would have
made Il cowboy jealous. Our esteemed
contemporary heard of the incident
md used it as a foundation of the
lrticle headed; Our Postmaster a
Nould-Be Murderer!' But we are not
licking about it. His weekly circula-
ion is down to 16S copies, and nine
enthS of his readers are cross-eyd or
trunk half the time.
The citizen., 1899-05-05
A Model Republic.

Switzerland is the least illiterate as
we'll as the most truly prosperous
country in the world, She is, in fact,
the only republic, for the people make
the laws. Her government is of the
people. In Switzerland, to work with
your hands is honorable-manual
training for both boys and girls is a
part of the public school system.
Switzerland has no navy, for the same
reason that Bohemia has not, and
while every man is a soldier, yet three
weeks service every year is only a
useful play spell. In Switzerland there
is no beggardom and little vice. Every
where life and property are safe. The
people are healthy and prosperous and
happy.