davidaulloa/AmericanStories huggingface dataset:
Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-01-14

| The o. R. & n. company offered Mrs
Sullivan $3.50 for a strip of land 500 fee
wide from the state line to the Silcot
farm for tracks and buildings. Mrs Sui
livan refused the offer and asked SIooo.
The condemnation proceedings of the
Q. X, < n. call for five hundred foo
strip of land 1000 feet long through the
Silcott farm and their agents will try tc
establish the need of that large tract 70,
depot facilities. The plea will be made
that Lewiston is to be one of the great
traffic centers of the northwest. The
pessmist cries out i'll despair that
| Lewiston is to be side tracked. If we
take the claim of this company for a
guide dozen side tracks will be required
to side track Lewiston.
Mr.. Babb went to Moscow to institute
condemnatory proceedings Oh behalf OF
the Northern Pacific railroad against the
state to secure right of way across certain
school land on the reservation. An or
der was made by Judge Steele which will
permit the continuance of the work of
construction. Commissioners were ap-
pointed to oappraise the lands appropriated
and the damages. These commission
ers will report their findings, and
if no objections are entered by the
state land board the land will be con-
demned for public use upon the payment
of the sum named. If an appeal is TAX
Ell from the report of these commission
ers the case will be tried in open court
at regular session some time in the fu-
ture,
A. S. Watt, the O. r. & N. right of way
agent, practically completed his work
here Friday and returned to headquar-
tiers at Portland. He purchased only two
rights between the state line and the res
ervation on the north side of the Clear
water. The land along the road is very
valuable and the road in some instances
interferes with the yards, enclosures and
buildings that make up the homes the
people have become attached to. 1t is
hardship for a family to be forced to
abandon homestead or suffer the de-
struction of landmarks. ornaments and
the trees that have grown In the heart as
they grew around the lawns. The peo-
pie who live along this line are not
illiberal. They love their homes and
they look upon this requisite encroach-
ment as desecration. This route will
be condemned for public use. The gen
eral principle of eminent domain is like
decree of fate, fixed principle almost
as irrevocaDle as a natural law.
Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-01-14

Judge Steele on Thursday appointed
w. S. Dyer, George Frost and p. NJ. Da-
Wis to appraise the damage to school
lands on the reservation occasioned by
the extension of the Northern Pacific rail
road across the reservation. This ap-
praisment will enable the contractors to
enter upon the land. The real damages
will be determined by a jnry in the dis
trict court. The present commission will
determine the amount of bond required
from the road before they enter upon the
lands.
The sermon in the Catholic church to-
morrow at 10 a. nj. will be: "Why do
Catholics usually put up crib in their
churches at Christmas. At 7:3o p. NJ.
the sermon will be delivered on: "Christ S
three-fold Office of as prophet, priest and
king" In the evening the choir will
render an original composition of one of
our teachers, ]. J. Darcy ST., o Salu-
taris Hortia. Everyone kindly invited.
The first issue Of the Grangeville Daily
Press reached this Office last "Wednesday.
1t is bright publication and seems to
have firm hold on a grand field.
Grangeville will be the scene of big min
ing operations in 1899. There will be
more activity in mining interests in the
semi-circle Of which Grangeville is the
center, than in any state in the Union or
in all Canada next year.
Felix Warren and John Mimic have Sc
cured for Spokane and Portland saloon
men lease on the Theissen corner A
metropolitan saloon and gambling house
will be established in the buildings. The
lease covers the O'Neill Office and Ed
Virgins stand. There is capital behind
the enterprise and an option to buy is
one consideration of the lease which is
for big figures.
That old land mark, the Point, has
given way to the march of progress. J.
w. Denny closed deal with the North
ern Pacific company for the ground and
the house will be moved over the railroad
to the corral back of the Boss Livery
stable. The consideration was $I75o,
The railroad company required this
room for building purposes.
Mrs. Eliza A. Fogg, wife of State Sena-
tor F. f. Fogg, died in Grangeville Fri
day Of last week. Senator Fogg was en-
the road from Boise at the time Of the
death, and reached home too late to see
his wife alive. The remains were taken
to Michigan for interment, Five small
children are left motherless by this sad
death.
Felix Warren has decided to retire per-
manently from the city police force.
r. Darr who is constable for this precinct
is now acting as night watchman in place
of Mr.. Warren. Mr.. Darr is competent
guardian of the peace. He will be ter
ror to evil-doers and friend to the un-
fortunate.
Frank Barkwell, of Moscow, has ac-
cepted the position of law clerk and
stenographer with Mcfarland & McFar-
land Of this city.
Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-01-14
Railroad News.

The o. R. & n. company offered Mrs.
Sullivan $3.50 for strip of land 500 feet
wide from the state line to the Silcott
farm for tracks and buildings. Mrs. Sui
livan refused the offer and asked $1,000.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
WHAT THE SUPERVISORS DID
DISPUTE OVER THE soLANO
BOUNDARY.
horticultural Commissioners Dis
trict the County and APP
point inspectors.

A. j. Bruner appeared before the
Board of Supervisors yesterday on De-
half of Ross Hanson, a land owner on
Decker Island, and stated that lahu
owned by Hanson on that island hau
been assessed in Solano County as well
as in Sacramento in which latter couh
ty the taxes were paid. AS there APP
peared to be a dispute as to the poun
dairy in that locality it was desired u
have the matter determined and set
tied.
Morrison moved that the matter De
referred to the District Attorney for an
opinion, and it was so ordered.
HORTICULTURAL REPORT.
. Horticultural Commissioners Robef'
Williamson, George Booth, George .
Cutter and r. S. Currier filed the 1ol-
lowing report for February:
To the Honorable Board of super
visors: The Sacramento County BOARD
of Horticultural Commissioners report
that at their last meeting in January
they divided the county into five dis
tricts, namely:
No Sacramento City.
No 2-Along the Sacramento River.
No. 3-Along the Costumes River.
No. along the American River.
No. 5-Folsom, including Orangevale
and Fair Oaks.
The Board also appointed local in
spectors as follows: No. 1, Robert
Williamson; No. 2, Charles E. Hollis
ter; Nc. 8, George Booth; No. 4, Jesse
Aiken; No. 5, r. S. Currier.
OTHER BUSINESS.
The report of DR.. G. A. White, Sup
erintendent of the County Hospital
was received and filed.
a large number of county and rec
lanlation district demands were al
lowed.
F. 7. Fuller, Poundkeeper for Mis-
sissippi Township. submitted his report
for the month of February.
E. w. Springfield, Health officer for
Elk Grove, reported having raised the
quarantine from certain houses where
infectious diseases had prevailed, and
also abated several nuisances.
The remainder of the session was
given to the auditing of demands.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
Little
Folks
Like the new
Food
Grape=Nuts.
INSTINCT.
Boy Knows the Kind OF Food He Needs.

Bow Knows the Kind OF Food He Needs.
A grocer in the suburbs of Chicago
has a son about six years old who has
been kept in the country with an aunt
a goodiy part of the time, owing to his
puny half lifeless condition.
This last summer when the little chap
returned home, he was round, fat and
hearty. but when he sat down to his
fathers table he refused the meat and
potatoes and demanded Grape-Nuts, the
ready cooked food.
The grocer knew about Grape Nuts.
and had been selling them over his
counter but it never occurred to him
to use them at his own table. 1t was
found upon inquiry that the boy began
to improve as soon as he was put on
Grape-N Nuts by his aunty, and that the
evidence of the value of the food was
shown by his condition.
1t is needless to say the grocer sup
piled Grape-Nuts to his little boy, with
out further question, and the entire
family have now joined the Grape-Nuts
armV
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
Thin, pale and consump-

Thin, pale and eonsump-
tive persons should use
some constructive tonic that
will enrich the blood, in
crease the nerve force and
renew wasted tissues.
SCOTS Emulsion is based
upon scientific principles
We digest the oil for you
by mechanical processes,
thus strengthening your di-
gestive organs by resting
them. 1t stops wasting,
and produces energy, vigor
and warmth. The hypo-
phosphites in it invigcrates
the nerves, and brain tissues.
soc. and si.oo, all druggists
SCOTT & BOVINE. Chemists. New York
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
AMUSEMENTS.

Miss Nance O'Nei's Nancy Sykes
drew a good house last evening. 1t
was wonderfully, powerful persona
ton Miss O'Neil became for the nonce
a real Nancy Sykes. The audience APP
parently lost all idea that they We're
witnessing a mere artistic piece OF
work, a consummate assumption. On
the contrary it was a flesh and blood
Nancy they saw and with whom they
sympathiz The actress gave the part
tender shadings of rare cunning, and
sn the tragic passages demonstrated the
possession of power of marvellous char
acter, rage, ferocity and physical exhi-
bition of passion, which fairly made
the blood curdle; just as in the parts
of the play where she was the victim
Of Bill Sykes brutality, she drew tears
to many eyes, and many a breath was
held until faces paled and forms trem-
bled with Unsurpassed emotion. 1t
was strong, human, womanly Nancy,
devoid of any coarseness or offensive
ness save SO far as the whole bitter,
low-living life of the unhappy woman
of the slums was coarse. Mr.. Rankin
Bill was too heavy, rather soggy, so to
speak In fact, he is too corpulent for
and bearing that the brutal Bill should
have. Mr.. Cars Fagin was a thor
oughly good piece of work, not over
drawn nor in anything deficient while
Miss McVicker's Oliver Twist was one
of the daintiest and most pathetic of
art creations.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
st, Andrews Mission.

To-day is the second anniversary OF
the founding of st. Andrews Mission at
Twenty-third and K streets. The mis-
sion is in a prosperous condition, and
Rev. A. George. who is in charge, hopes
that before another year passes by a
new church will be erected. The offer
ings at both services, II a. m. and 4:3u
o. M, will be devoted to this fund.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
SUPREME COURT DECISIONS.
SYLLABI.

SYLLABI.
IS. F., No. ,443 = In Bank-Filed
February is. 1899
Annabelle Harron, respondent; How
ard Harrpn, appellant. Divorce. Mo-
ton to dismiss appeal denied, Justices
Mcfarland and Garoutte dissenting.
The Supreme Court has appellate jul
risdiction of all cases in equity, ire
spective of the value of the property in
controversy.
The Jurisdiction of the Supreme
Court in an action of divorce comes
from the fact that such action is 4
case in equity. This Includes all ques-
tons in a case in equity upon which
review of the action in the Superior
Court is sought. Sharon VS.. Sharon,
81 Cal. 1S5.
An order for counsel fees and costs Is
special order made after final ]uds-
ment, but it is none the less an order
made in a case in equity, and is equally
within the appellate jurisdiction OF the
Supreme Court, as is the judgment
itself. Such an order is made appear
able by an express provision OF statute
&C. c. p, Sec. $500, and the jurisdic-
ton to entertain the appeal is not de-
pendent upon the amount OF money
named in the order any more than II
is determined by the amount involved
in an action for the foreclosure OF a
mechanics lien, or for a street assess
ment.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
Is. F., No. $50 = Department Two
Filed February %, 1899

Is. F., No. $50 = Department Two
Filed February %, 1899
c. A. Macomber, appellant; 1. NJ.
Bigelow, respondent
Where a building contract is void for
failure to comply with the requirements
of Sec. 1883, c. c. p, the owner is en-
titled to set off the costs and attorneys
fees incurred in defending the fore
closure suits of sub-contractors against
the claim of the contractor or a
quantum meruit. (Covell " Washburn,
81 Cal, 500. So, the latter action
should be stayed until the amount of
costs and attorneys fees in the fore
closure suits can be determined and
set off against the contractors claim.
Where a suit is on a quantum muruit
for the reasonable value of services
and materials, the amount character
and value of which can only be estab-
lished by evidence in court, the court
cannot hold that interest may be re-
covered prior to the decision of the
case. Cox V. Mclaughlin, 76 Cal. 60.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

WE WANT A LIVE, ENERGETIC Man
the trade in northern counties; the right
man can make big money. Call between
! and p M, at Western Hotel. Ask
for Mr. Dawson. it,
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

WANTED-A NEAT AND sINTELLI-
gent. young man, one acquainted with
preferred. Address The J. Marcus Co,
II S. Fourth St. Philadelphia, Pa. 1t
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

WANTED-BOARD AND LODGING IN
per Gap and Colfax, for a young man
with lung trouble. State lowest terms,
and address p M. r.. Record Union"
office. NIT
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
WANTED.

mond ring for good side-saddle horse.
Apply at once, MIKE SMITH, stable
Seventh, X and l.. IT.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

JAPANESE GOOD BOY WANTS PLACE
to do cooking and Homework. NJ. r.,
p. o. Box 100. m6-3ts
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

SACRAMENTO EMPLOYMENT Office
All kinds of reliable help furnished at
short notice. 5151a K. Cap. tel. 422
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
Is. F.. No. 451 In Bank - Filed
February 81 1880

In the matter. of John J. Coffey, dis
barment Respondent disbarred.
If the actual commission OF an OF
Tense involves moral turpitude, then al
attempt to commit that offense likeWls'
involves turpitude. EXtortion is an ac
inherently bad and vicious. 1t Is
crime against property, and by tns
Penal Code of the State is so classined
Sec 4S4, Penal Code. See then Sec. lol
Subd. 1, c. c. P
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

JAPANESE BOY WISHES SITUATION
to do light housework. Address Frank,
sol Seventh street. mS-3ts
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

WANTED-HORsEs TO BREAK FOR
single or double harness. HANS JOR-
GENSEN, stable at Agricultural Park.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

with capital of about 81, 500 to take full
charge of a good paying business. Ad-
dress John Halbert, p. O., Sacramento.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

WANTED-GOOD DINING ROOM FUR
niture. Address to-day, Furniture, this
Office. it,
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

BOOKS BOUGHT, SOLD AND Elk
changed. 5151a K st. The only place here
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

Is. F., 1850 - Department Two-Filed
February %, 1899
William Edwards, administrator, etc.
respondent; F. A. Bellin, appellant
Street assessment. Reversed.
A legislative body is not required to
keep its minutes in any one book. I'm
less the law requires it the enactments
need not be there entered at all.
Section 5 of the Vrooman Act pro-
vides that bids shall be invited for do
ing the work, and that each proposal
or bid shall be accompanied by a check
and that said proposals or bids shall
be delivered to the Clerk, and said
Council shall in open session examine
and publicly declare the same, etc
The minutes did not show that such
proceedings We're had. Held, that what
the minutes did not show to have been
done was not done. The assessment
therefore, was void.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

WANTED - SECONDHAND FURNI-
ture. 1921 Fourth street. Cap. phone 636.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

TRUNKS! TRUNKSll TRITNKS,u
Before you buy one get our prices. Sac.
ramentO Trunk Factory, 507 ] ST. JAS
: IONGSHORE, Prop. Phone Cap III
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
Is. F. No. 757-Department One-Flled
February IS. 1897

Is. F. No. 751-Department One-Filed
February IS, 1S99)
Amalia Loupe, respondent; Sidney NJ.
Smith, appellant. Quiet title. Affirmed.
BY the Act of March 10, 1891, actions
Nos 1856 and 1871 and portion of
Section 11ST, c. c.. were repealed Sec
ton 1893, however, was left unrepealed
and unamended. 1t reads: mo es-
tate in the real property of a married
woman passes by grant purporting to
be executed or acknowledged by her
unless the grant or instrument is ac-
knowledged by her in the manner pre-
scribed by Sections 1856 and 1191."
Held, that the repeats of Sections 1856
and 1191 do not render Section 1903
valueless, since, taking it with what is
left of Section 1857, it has clear mean
ing. Courts cannot amend what the
Legislature left unamended.
Is. +. No. 923-Department One-Filed
Feb. 10, 1899
Ernest E. Hall. respondent: Albert w
Glass ct AL, appellants. Foreclosure of
chattel mortgage. Affirmed.
1t Is we'll settled that a chattel mort
gage can cover crops implanted.
Ihere Is no uncertainty in the term
during the continuance of the mort
gage. For there is a limit to the con-
tinuance of a mortgage as against SUBJ
sequent purchasers or encumbrancers.
SO, subsequent advances. although con-
tracted for by the mortgagor, cannot
extend the apparent maturity of the
mortgage against subsequent purchas-
ers. This rule in reference to future
advances is limit to the life, Of a mort
gage.
Is. F. No. S07-Department One-Filed
Feb. 81, 1899
Anglo Nevada Assurance Co., plain
tiff; J. F. Bigelow ct al. respondent;
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

Seats will be on sale Friday at the
Clunie Opera house for the two nights
the 18th and 12th-of the John L..
Sullivan Vaudeville Company. Sulli-
van viii appear in gymnasium scene
with his boxing partner, Jake Kilrain.
There are some twenty-five people in
the troupe, which gives as part of its
entertainment farce entitled "A Trip
Across the Ocean," The piece is said
to be brim full of fun. In it the ex-
champion boxer is introduced as a Cap
tain. in a natty yachting costume. In
the olio there are eight numbers, in
which such professionals as Edwards
and Edwards appear in illustrated
songs; Rochefort and May. two clever
young ladies in songs. parodies and
funny sayings; Fetching Bros, musical
comedians; Bartine and Crouch, ath-
1etic marvels, in their latest novelty,
pictures of the famous fighters, past
and present, closing with three
round spirited sparring contest, Miss
Francis who Is credited with being the
best scientific boxer upon the stage to-
day: Bagley and Lee, in an original
talking act, Muldoon the fiddler: the
Reyford Sisters, in their latest Euro
pean sensation, dances of all nations
and Darmody, the worlds greatest club
juggier, who has a standing challenge
to juggle any man in the world for ST.
COO
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

CALL AT 1116 ST., MILLER BROS,
and see the little and big Brown Jug
Anti-Germ Filters
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

Grim. No. 4999-Department One
Filed February %, 1899
People, respondent; Henry Oubridge
appellant. Forgery. Affirmed.
Where the evidence supports the find
ings they will not be disturbed upon
appeal.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
lwm. Ross. appellant. Promissory note.

VIM. Ross, appellant Promissory note.
Order granting new trial affirmed
Where a first motion for a new trial
has been made without express author
ity therefor to be found In the stat
utes, it should be treated as nugatory,
and it cannot be said that the Courts
action in denying it is resjudicata. 1t
is no bar, therefore, to al second motion.
The disposition of a motion for a new
trial on the ground of insufficiency of
the evidence to sustain the verdict is a
matter which rests in the sound discre-
ton of the trial Court. Unless such dis
erection has been abused, the appellate
court will not interfere.
A defendant cannot be heard to COM
plain of anything which does not preju-
dice his case.
Is. F. No. S59-Department Two-Filed
Feb. 26. 1899
VIM. Wolff & Co., appellant; Canadi-
an Pacific Ry. Co., respondent Order
setting aside default and Judgment
affirmed.
Intention is an essential element Of
abandonment. Passiveness or laches
do not constitutes abandonment
Laches is question of fact on the
evidence, determinable by the particu-
lar facts and circumstances of the case
and matter which is left to the sound
discretion of the trial court
There are many instances in which a
tender OF performance without deposit
is sufficient to furnish the relief re-
quired; such as, where there is no act
ual obligation to be extinguished, but
only some condition to be performed or
some option to be accepted.
In the matter of opening defaults
much is confided to the discretion of
the court, and when the circumstances
are such as to lead the court to hest
tate, it is better to resolve the doubt in
favor of the application, SO as to secure
trial and judgment on the merits
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

IS. F., No. 800 = Department Two
Filed February %, 1899
A. C.. Dauphiny & Co., appellants;
Red Poll Creamery Company, respond
Ient. Contract Affirmed.
In order to supply the place of a
writing, acceptance and receipt are
necessary to show the complete con-
sent of the vendee to the existence OF
the contract.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

721 I STRAIGHTFORWARD FRONT
room, first floor
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
TO LET OR RENT.

DAVIS BUILDING, All X STREET-Thc
handsomest furnished rooms in the city,
and run strictly first class: office rooms,
suites and single. Terms very reason
able. Open all night. Cap. phone, SO.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08
TO LET.

S26-Iarge store room, formerly occupied
by Capital Broom Factory; the building
runs all the way back to the alley,
therefore. will make splendid ware
house: situate No. 223 street.
S24. 00-A very pretty modern cottage,
1920 l street, with barn on alley,
rooms.
s21. o0-7 rooms, suitable for two families
at southwest corner of Fourth and o
streets
s21. Oo-Dwelling- of I rooms. bath, hot and
cold water 5l4 Thirteenth street.
$21 o0-Dwelling of rooms, bath, electric
lights, yard, etc. 1908 H street.
SIS 0G-Dwelling of rooms, good yard:
rent reduced. 1914 Third street.
W. P. COLEMAN.
Real Estate salesroom, sa5 Street.
p. BOIL. Manager.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

40 ] ST.-FIvE FURNISHED OR UN
furnished housekeeping rooms.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

527 N--NEWLY FURNISHED FRONT
and side rooms at from S. to IS.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

FOR RENT-1-ROoM HOUSE. H Street.
near seventh suitable for lodgings.
HAWLEY & PHILLIPS. $40 J. mT-4t
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

YOUR NEW HOME WILL Look It's Best
II you get Bahrs, the landscape gar
dener, to lay out your lawn. Phone Asa
white. Nursery, Twenty-eighth and W.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-08

s3-A NICE 7-ROOM HOUSE WITH
modern improvements, at 321 N st. APP
ply at New York Bakery, 1915 Third st.