davidaulloa/AmericanStories huggingface dataset:
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
(Sac, No. 56S-In Bank-F'iled Dec. z,
1899

(Sac., No. 56S-In Bank-Fi1ed Dec. z,
1899
California Savings and Loan Society,
respondent; F. D. Culver, administra-
tor, ETC., appellant Note and mortgage.
Affirmed
Even when it is expressly declared on
the face of the note that upon default
in the payment of any interest the
whole principal shall become immedi-
ately and absolutely due, such clause
is mere penalty for the benefit Of the
payee or holder, which he may waive
by accepting interest after due, and the
statute of Limitations does not begin
to run until the principal becomes due
according to the terms of the note. And
where the provision of the note is that
upon a default in paying interest the
principal shall become due at the cleo
ton of the holder, there the assertion
of such election merely puts the holder
in the position of the holder of note
which upon it's face declares in the first
instance that upon default in interest
the whole principal shall Immediately
become due. And the declaration of
the holders election by bringing an ac-
ton does not put it out of his power to
waive the penalty, which he may do
by accepting the interest and dismiss
ing the action.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11

week.
From the Mikado's realm and the
land nf

1t will take only a glance to convince
you that these vases are not the COM
mon kind usually displayed in our Jap
anese stores. On the contrary they rep.
resent the highest art work Of which
the little brown men, are capable.
The most strikingly odd vases Of the
lot are the Cloissonne. These vases are
of metal, the decoration which con-
sits of birds and peculiar flowers, be-
ing inlaid between wires in the metal
a most laborious and patience taking
process. Prices range from $500 to
$500.
'Satsuma" vases, $1.O0 to $1,000
"Kioto' vases, $100 to $1,000.
"Tokonabe" jardinieres from 81. so to
$3.50.
"Tokonabe" tea pots. 10 cents to 35
cents.
"Bishin" cups and saucers, 10 cents
to so cents.
"Kioto' sugar and creamers. Is cents
to IS cents.
''Imari" umbrella stands, $500.
All these imported direct from Japan
by ourselves.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
q. A., No. 5S7-Department One-Ffled
Dec. Z. 1899

q. A., No. 5S7-Department One-F1led
Dec. Z. 1899
A. M. Mealy and Florence W. Stetson,
partners, insolvent debtors, appellants.
Involuntary insolvency. Reversed.
Section 8 Of the Insolvent Act of 1898
(Stats. 1895. p. 1919 provides, among
other things, that the petition must
state that the debtor has made assign
ment, gift, sale, conveyance or trans
fer of his estate, ETC., being insolvent.
The adjudication depends upon the fact
of the debtor being insolvent, there
fore, the petition of creditors must con-
tain the allegation that the debtor did
the acts being inso1vent."
The petition stated said debtors, in
contemplation of insolvency, made a
payment and a grant, sale, conveyance
and transfer of their estate, property
rights and credits Held, that the Pc
tition should have shown at least that
the transfer was made since the pas
sage of the insolvency Act under which
the proceeding was brought, If a date
no more definite could have been stat
ed, and should have contained some
statement of the payment made or
property transferred and to whom.
The Act contemplates the filing Of
the bond with two sureties and all the
petitioning creditors as principals. (Vi-
salia City Water Co., 119 Cal, 561.)
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
(Sac., No. $50, Department Two-Filed
Dec. 4, 1899


Estate of E. 1. Upham, deceased.
Will. Affirmed.
Held, that where the will creates a
residuary devisee and legatee, the lat
ter takes the property in any devise or
legacy which for any reason fails or
lapses, and the same does not go to
the heir at law.
Gifts by will to charities, both as to
the trustees and the beneficiaries, are
more literally construed than are gifts
to individuals. AS to what constitutes
a charity within the legal meaning of
the word see People VS.. Coggsweu. 113
Cal, 129.
court will not allow a charitable
trust to fail for want of legal trustee.
Trusts for public charitable purposes
are upheld under circumstances under
which private trusts would fail. They
must be for the benefit of an indefinite
number of persons: for if all the bene-
ficiaries are personally designated, the
trust lacks the essential element of in
definiteness which Is one characteristic
of a legal charity. But if the founder
describes the general nature of the
charitable trust he may leave the de-
tails of it's administration to be set
tied by trustees under the superintend
ence Of a court of chancery: and, an
omission to name trustees, or the death
or declination of the trustees named,
will not defeat the trust, but the court
will appoint new trustees in their stead.
A clear and distinct devise or beQuest
cannot be affected by any reason as
signed therefor, or by any other words
not equally clear and distinct or by in
ference or argument from other parts
of the will or by an inaccurate recital
of or reference to it's contents in an
other part of the WILL
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
aids for County Hospital Supplies.

NOTICE is HEREBY GIVEN THAT
sealed bids will be received and opened by
the Board Of Supervisors of Sacramento
between Sixth and Seventh streets, Sac
ramento City. Cal. on FRIDAY, PECEM-
plying the County Hospital of said county
up to July, 1900, with groceries. beef and
mutton, bread, wood clothing, dry goods.
with drugs for said hospital and dispen-
sary. Bids must be in triplicate. Lists
of all of the above named articles are on
file in the County Clerks Office The said
board reserving the right to reject any or
all bids.
BY order of said board.
VIM. B. HAMILTON,
do-l0t Clerk Of Said Board.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
SUPREME COURT DECISIONS.
SYLLABI.

(Crim., No. 597-In Bank-Filed Dec.
| 5, 1899
Elk parte James Knapp, on habea as
corpus. Game law of Stahislaus County.
Prisoner discharged.
The people of the State being the
owner of it's wild game, it may be con-
ceded that the State Legislature can
annex any condition it may choose to
the privilege of taking it; but, coun>
ty ordinance forbidding all persons
under penalty to transport game law
fully taken to the place where they de-
sire to use or dispose of it is violative
of the right of private property, as de-
fined and regulated by general law, and
is necessarily invalid.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11

About haH-past IL o'clock last night
Special Officer Carroll encountered an
elderly man in the vicinity of Fifteenth
and streets who was wandering about
in that neighborhood, entering private
yards, and acting strangely. The man
seemed to be at least partially dement,
ed, and was taken to the Police Sta
ton. He gave his name as John Ken
nedy and said he was a stranger here.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
ADJUSTMENTS.

The sale Of seats for tomorrow even
ling at the opera-house is now on for
the appearance of Eugene Blair in Ste
phen Townsend's dramanzation of Mrs
Frances Hodgson's Burnett's novel. "a
Lady of Quality
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
~roIAL nor1oA

BAKER & HAMILTON. WHOLESALE
hardware, bicycles. carts. buggiey. car
riages, phaetons. Balm farm and header
wagons. Send for catalogue.
MRS. WINSLOW'S SOOTHING SYRUP
has been used for over fifty years by mill
ions of mothers for their children while
teething with perfect success. It soothes
the child, softens the gums, allays pain,
cures wind collie, regulates the bowels and
is the best remedy for diarrheas whether
arising from teething or other causes. For
sale by druggists in every part Of. the
world. Be sure and ask for Mrs. Wins
lows Soothing Syrup. Twenty-Five cents
bottle. MWF
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11

A box Of Perfecto Extras, 20 In 8
box, for $3.50 makes a most accepta-
BILE gift to q smoker These cigars may
be had at most any first -class cigar
store. The retail price for single cigar
is 10 cents straight. A. Coolot, dis
tributer.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11

The Elleford Company closed its two
weeks season at the Clunie last night
to a crowded house, when May Bios
SON. was played, with speciality inter-
lude by Jessie Norton, Baby Lillian and
Master Burkhardt.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
Died SudderIv.

Wilhelm, the twenty son OF
Mr.. and Mrs. Theodore Labhard, who
had for years been subject to epilepsy.
died yesterday quite unexpectedly.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
NEW TO-DAY.
STATE OF CALIFORNIA.
Office Of the State Board Of Examiners.

Sacramento, Dec. s, 1899.
C. F. Curry, Secretary of State, c. N.
Post, Assistant Attorney General, and
Daniel Kevane, Secretary of State
Board of Examiners, members of
the State Board of Examiners, in
accordance with the provisions of
Sections 676 and 81 of the Political Code.
have counted the money in the State
Treasury, including the transactions of
the said department to the close Of bust
ness on December s. 1899; that they ascer-
tanned the amount required to be on
hand by an official statement of the Con-
troller, and that they found the condition
of the State Treasury to be as follows:
Amount of money that ought to
be in the State Treasury Gas
shown by statement of Con-
Amount and kind of
money "actually''
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11

Of
0a9
zs 1889 has b % sI re1oad Of Rss Se
~ PACED,
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11
Grim, No. 557-Department One-Filed
Dec. 5. 1899

Grim, No. 557-Department One-Ffled
Dec. 5. 1899
People, appellant; Samuel B. Terrill.
respondent. Order sustaining demurrer
to indictment affirmed.
The word mortgage" is not used in
Section 40 of the Penal Code nor else
where in the code in defining forgery.
Conceding that a mortgage is included
in the words "indenture or writing OBJ
ligatory" the indictment must show
. that the mortgage is such in it's legal
character as, if genuine, might injure
or defraud another.
The indictment or information must
state that crime has been committed
either by direct and positive averment
in the language of the statute, or it's
equivalent, or by stating facts which
show that such crime has been COM
mitted In no case can the indict-
ment be aided by imagination or pre-
sumption. The presumptions are all
in favor of innocence, and If the facts
stated may or may not constitute a
crime the presumption is that no crime
is charged.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-11

c. F. CURRY,
Secretary of State.
c. N. POST,
Assistant Attorney General.
DANIEL KEVANE,
Secretary of State Board of Examiners.
State Board of Examiners.
Subscribed and sworn to before me, the
Sth day Of December, A. D. 1899.
j. HOESCH,
1t Deputy Secretary of State.
Arizona republican., 1899-01-10
MINING MEN AND MINES
Movements of WeII-knoWn Opera.
 tors of inc Southwest.

H. A Howard, general manager of La Fortuna mines, has left Los Angele3 for lower California.
 W. D. McDougall has returned to California from South Africa.
 H. c. Shekels. owner of the Crown King mine, Ariona, is at the Ramona in Los Angeles with his family.
 John M. Mackey sent $500 on Christ mas to the poor of Virginia City and Gold Hill, Neveda.
 M H. Twomey, until recently in charge of the mine work of the Com monwealth at Pearce, is now at Will cox, Ariz., on a mining deal for San Francisco parties.
 Charles Butters, Berkeley. Gal. is visiting La Colorado and Minas Prie-- tas. Sonora, Mex, and exporting the ore tailings of those localities.
 H. M. Russell of Los Ange,es has gone to Lower California to visit some properties in which he is interested.
 John Wilson. better known emonE the mining fraternity as Quartz" Wilson. seriously if not fatally shot himself accidentally last Saturday st Twenty-nine Palms mining district in California.
 The Yuma, Ariz., Sun, points a moral and adorns tale when it says: 'TOo many mining men make the mistake Of running their neighbours prope-ty down. Such jealousy is short-sighted. What helps one mine helps the whole district in which it is located. and ev cry individual should pull together for the good of the community
 Every mine in the Lake Michigan copper district is shipping copper by rail, which, says an exchange, has not been done before since the French syndicate cornered the copper and in- dicates a phenomenal demand for the metal at home and abroad
 Epes Randolph and B. s. Ives have purchased c. B. Eichelberger's interest in the King of Arizona mine. The consideration was not made public Preparations are being made to work the mine on a large scale. MT Eichel- berger was the discoverer of the mine two years ago. His partner. Gleason, sold to Messrs. Randolph and Ives his interest for S100,000.
Arizona republican., 1899-01-10

Prince Franz Von Auersperg's many Austrian creditors have been ageoably surprised by the receipt from Brooklyn N Y. of a printed communication to the effect that he is returning Vienna March April next when he will pay them in full his debts of long standing, which exceed GG000 forns ($291 O00. He writes that he has taken the degree of doctor of medicine in Amer ican college To of his Vienna creditors Herr Johann Mueller the prince very communicative and favors him with c2tty letter. in which lie says that of his cred itors shall suffer his He has turned leaf and has devoted the last years hard study and having obtained the result of his abors doctors de- gree he, together with Wealthy friend and colleague, is about open a s&ntarium in Brooklyn. He says his friend will advance him the needed to settle with his creditors
 When Vienna became hot for the proiigate prince ling-for he boy at the tme-he escaped his creditors and made straight for New York; where he put his shoulder to the wheel and roughed it with will and vengeance Driven extremc he earned honest penny by running elevator for tme and later developed into a full edged waiter in beer saloon. Scraps of gdrdng him appeared from time time in the Vienna pa pers but nothing authentic was positively known to the and booded and bloodlco former days, feigned gnor- Prince Franz scion of one of the noble distinguished houses of the ancient Austrian feuda tocacy. For centuries, reaching back into the twilight of history, the Auespergs have distinguished themselves pre- eminenty in the legislative chamber and in the field
Arizona republican., 1899-01-10

few months This company will keeo an agent in this city, and have se- cured the services of l.. A. Wright as their aOttOrneY."
Arizona republican., 1899-01-10
MADE A RICH STRIKE
An Arizona ProSpeCfor'S Luck in
 rIexiCo.

William Wallace, an American pres pector of many years experience in Mexico has made what is regarded as one of thd most important and valuable strikes ever made in north ern Chihuahua. Wallace is known in Co., chise county and other portions of Arizona.
 A BOX OF CANDY FREE TO ALL who purchase fifty cents worth Of goods from the Honolulu Coffee Go. o2 Saturday, January 14, 1899.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1899-07-19

CIGAR DEALERS
PLAY WITH FIRE

WASHINGTON. u. G. July IL
\ novel situation has developed az a
result % the determination ~ many
cigar dealers who we're defrnuded
by the c0unterfclts on boxes ~ CT
Rars bought Of Jacobs. the great con
spiratar 81 Lancaster. Pa. 10 seek
restitution At tho hands Of the gov
crnmcnt through a bill In congress-
They we're forced to buy genu-
Inc stamps 10 replace the counter
feita. and FOR this outlay they ask to
be reimbursed. contcndinE that. a.
tho government became aware near
~ year ago before the arrest Of the
conspirators that the crooked work
was going on. but FOR reasons NJ itH
down did not interfere at that time.
II has no right now 10 come down
upon innocent dealers who had suf-
fcred by the Jacobs counterfeit.
n such a congressional relief bill
should be passed the government
would undoubtedly carry Htill fur
Their tho policy 10 which the dealers
20 atrenuuusly object The latter
would then be required 10 make good
all af Uncle Sans losses on the coun-
terfelt Jacobs stamps which escaped
seizure. The extent to which such
retaliation might be carried on can
he imagined when II is stated that
In one instance, where a dealer was
caught with $4,000 cigars under coun-
torfelt stamps, he had bought over
$4,000 similarly before the period
thus far covered hy government sciz-
urc.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1899-07-19
GOOD TEMPLARS
ARE IN SESSION
chsutsuqus Meeting Is Well
Under Way.

CHAUTAUGUA. July Special -
The thlrtieth annual session Of the
Grand Lodge q Washington. / ..
. r. was called to order at p m.
yesterday by Grand Chief Tempiar
Rudolph Fisher over loo delegates
were present. which was a very good
attendance Tor tho opening day.
This number arrived during the
morning on the Aberdeen from r..
attic. and the pauntlesa from Ia
coma. and was doubled almost By to-
days reinforcements.
The session will continue for thrce
days. and q promises 10 be very
lively. Lobbyists are busy At work
various measures TO come
before the session. and pushing the
numerous candidates FOR the sew
eral executive Offices.
Grand chief Templar Fisher ap-
pointed the following standing com.
mittcca for the session;
Crcdentlals-Also W. Steers. or
willie Eapey and Ben Baldrdge.
Finance-N. .. Baldwin and r.
Otis.
order Of business q. r.
conn. .. NJ Thurgton and G. a.
Palmer.
State 81 the order--J. ". O'Farrell.
9 r. Conn. Mrs. /. V. Wells and
Miss Mary Abbott
Juvenile work Miss Deliua Ora
ham. Mrs Ada MeGarviu and Mrs.
Nettie Halienbeck
By laws a Foreband. w. r.
Hauk and e A. Palmer
At the afternoon session the grand
lodge degree was conferred upon 20
candidates by &. e Geo =. Cot
terill. During the progress Mr.. Cot
'terili ezemplined some Of the new
secret work recently passed by the
International Supreme lodge
Today will be a busy day and
much important business viii come
up. Joseph Malina. the Supreme
Templlr of the order. will arrive on
Thufsday and stay for tho remain
der ~ tho session. Thursday night
the mueh-talked ~ prize drll bc-
tween the teams ~ Seattle Lodge No.
6 and f,oynl lodge. viii take place. n
special excursion coming over from
Seattle on that evening
Last night reports 81 the various
committees and officers occupied the
time and showed gains In member
ship throughout the entire state.
Tho election ~ officers VIII occur on
Friday morning and several spirited
contests are promised.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1899-07-19
GUESTS OF THE
CAR CONF ANY
City Council lnspects New
Street Car Roadbed.

TIE city ecuucil. as the guests %
The scattle Traction company. wens
on a trip % inspection over the sa-
rtous lines OF the eompany this fore
noon. The main object ~ the trig
was TO look over the n~W raadbsis
on Queen Anne avenue. and Sartn
Second street. on the North Seattle
branch. The ncw rpAdhais on the
Cedar street line Were also Inspect
cd. Members ~ the corporations
ccramittec spent seine time IN view
Ing the streets In the u~ikhhnrh8nd
on Queen Anne avenue snd HOY
street. where On proposed extensions
Of the line 70 contemplated. The
roadbed and piiinE on the Green lake
line were also inspected.
The party were served lunch at
Green lake. and returned to the city
~ o'clock this afternoon The fol-
lowing were on the trip couneiirnsn
Rinehart. james. Taylor. Muidosn.
Crawford. AcArtiie. Gfli. Hill. and
Dtil~r. Sup,.. r. y. Little. Daniel
Jon.s, ard supt. blanchard. o. the
company.
Norman r willard a prominent
attorney Of Chicago. was alsao one 81
the guests. He IL an pleasure trip
ard II visiting the principal clfiea
OF the Pacific coast
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1899-07-19
THE GUARDS FOUGHT
OVER MRS. B0TKIN

WILMINGTON. Del. July Is De
teetise McVey. who Was sent 10 san
Francisco daung the trial Of Ms.
Hutkin Tor poisoning Mrs Dunnlug
and Mrs peane. of Dover. has re-
csiyed a letter from a san Francisco
Official saying that Mrs nntkin has
been the cause 81 serious truubis ga
the county jau where shv Is coan II
Two u her guards fought about her
and Louis ktsch5aum one % them.
il In a critical condition IN the hos
pltal. white the other Frank Nc
Fsriasi. j. losskst up. MeFarian se-
cuaed the other quart ef interfering
with hts talks to Mru nstkin. aud
finally he struck kirAhhaum On the
head with a blackjack.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1899-07-19
CIRCLE CITY
N BOOMING
And Gold Is Found
Galore
ACCORDING TO Nh. CRilAlN
No Tells Of Most UseitinE as.
perisnee while Descend
ing the ruson.

u. , Grammar. a we'll known bust
NESS man of seattle. who was en-
EaEv,i in The Alaskan transpartas
ton business last year returned On
TIE steamer Laufada rvecuti3 from
81 Michael Nc grHuuian went
north iast winter. and has spent must
Of his time az Circle Ctty he has
several good mining laeatlauH on
aonr - Tho wetl-kn1ysn streams
aroun1 circle city and also on III
dorado he ieft Circle city IuHH ~
an & ir hrrt fuf has % mining out
NJ preparatory ia rpturusns
Hr saii to-day 10 sEar reporter
"Cifeie Clty ls booming and Is one
81 The busiest towns la AIRHka IN
ecptioHaily Eaal work BE- helnE done
an the stream near there aad mnth
Ruii b. hrinN taken our The streams
when are pr ig ~ tbs most xuid
arc Har~n tfafr Haa iairuend~ut
and Eazie White . was ih.fr rets
tain parties lHak aui So $50 an Eagle
rr@k. SO e@l ah Harrison and tarHe
amounts on inasHsadsat Rnd tlar
em iinHkef creek Re- another stream
ttaf ~ rrHturre the yellow rtau
a few mnashf 1Fa s#Hfsfi min
era Neut lals She rruu Ey aHuui -
miles south n Gree. A8ta xlrN II
making explorations The country
l. called fhe "t'nknow for the
rvasau thai there r. Ifti- ar noGhinr
known ahaut Is TIE wsn tid = cit
tic work sni found 500 raiBrs. but
their provisions rlflHs unt. they ~
tururi e. circle ThafF - uadaubt.
stiiy gold thsfs In good payinE quAn.
tii.es. but travelling 10 very hari. ana
u la almost impossible fp get the
machinery there necessary Tor dnInE
zatisfartnry work There are at
present about tg0oo people at circle
The i1Nn Is rapidly building up. and
n little farming h. being done The
only meat. however. consists - aerr
and moose
4 ieft Circle on the steamer F.v-
ans and bad rather al exciting ffsp
Of it before I ruarhusf ~ Michael
When about ~ miles south ~ Circle.
the steamer piled % On a sand bar
AMI a~wurd stuck thrre fnr gssai
Tho passengers werc IN a hurry 90
reach -. Michael. and aflrr much
discussion. prevailed upon the on
Gers Co lower sasne 81 tie small boats
and alips IA 10 continue our trsps
We drift~i Ter four days IN that ofsn
boat. during which time our provia.
Ions gave utii and We hal pretty
hard time ~ q Matters had begun
to b. serious q heu the steamer Sc
aiiie. of the Empire company. came
along ard picked Us %