smithclay/nortonstories huggingface dataset:
Year: 1874

cess as that under which the plaintiff
claims. 1t is equally clear that, as
thc plaintiff claims, through the opera
ton of the law alone, and not from
any act Of tho parties, he can only
tnkc that which the law confirms on
him il virtue Of the validity of his
proceeding. Now, as the constitution
is part of the law governing tho
force and effect Of the process of tho
courts, ii follows that that which tho
constitution torbitls cannot be effectual-
y obtained through the abuse of the
process Of the courts Unless, then
there is something in the proposition,
that although tho land could not be
sold, yet a remainder over aftor the
expiration Of the homestead right
could be sold, the plaintiff altoge ether
fails to show such title in himself as
he alleges as the foundation of his
demand for relief.


We must then inquire whether en-
forcing a judgment against promises
in respect of which Il homestead
right is properly secured, by way Of
selling Il remainder therein to vest in
possession after tho termination of tho
right Of homestead, is conformablc to
the constitution.


If the constitution in using tho term
exemption, means absolute exemption,
then it is clear that the attempt to
sell such Il remainder was u violation
of its terms. In order to hold that
Il limited exemption only was intend
ed, such as would admit Of stripping
the JUDI smcnt debtor of title while lcav-
ing him Il limited right of possession
aloue, it would be necessary to find
either language in the constitution
importing such limitation, or some
thing in the declared policy of tho ell
actmcnt rendering such II construction
proper. Nothing of this kind appears
i'll the constitution, or can be made
out on the principles of construction.
The object of the constitution was
clearly to pcrpctuatc iu the Judgment
debtor or his family, under certain
conditions, the ownership as we'll rs
the use of the family homestead. We
are not justified in diminishing tho
force and effect Of tho word "cxcmpt"
rs il stands in the constitution.


The plaintiff has not made out IT,
tie in himself that authorizes an in
junction to stay waste.


IT is not necessary, then, for us to
consider what was tho nature of the
interest remaining in the Judgment
debtor and his family under the opera
ton OF the homestead law, for tho
| plaintiff does not put himself in q
proper position to question the nature
Of the dcfcndants's right of possession.
The appeal should be dismissed.
Year: 1874

The Senate end tho Chief Justieeship.
To-day the United States Senate meets, and
the disgraceful nomination for the Chief JUS
ticeship will still be before that body. It is q
question of more than ordinary interest
whether the creature who at present occupies
the position of Attorney General shall or shall
not be made Chief Justice of the Supreme
Court of the United States. The attempt to
reduce the exalted position to the level of
country postmastership would be resisted by
an honest majority, and if there is q spark of
manhood in the Senate it will be resisted and
defeated A painful consciousness of the alb
solute unftness of Mr.. Williams for the posi-
ton is one Of the most CALLING sensations
which the country has been made to feel
under the present administration. If the
President, in nominating rank partisan, had
selected man of great ability there would
still have bean some cause for complaint; but
that the selection should be one which
insults the intelligence of the republican party,
rs well az deAes the opinion of the nation at
large, is almost the worst which could come.
In the time when favorite horses were created
oonsuls nominations Like Mr.. Williams were
in order. Now, during the recess, the Sem
aton have had ample opportunity to make
themselves soquainted with tho pressure of
public opinion On the matter. Every repub-
Year: 1874

The VIENNA EXHIBITION PRIZE AwAaps.-
Those who, at great expense and considerable
personal inconvenience, sent their goods to
Vienna, in order to obtain the recognition of
the international Jury, and actually received
its endorsement by being bulletined for the
usual gold. silver and bronze medals, are
clamoring for information as to how they are
to obtain their prizes. The State Department
is silent, the official charged with the matter
for this city knows nothing about it, and, in
blissful ignorance, the recipients of the dis
tinguished favors wait. Is not the State De-
partment aware of the fact that hundreds of
thousands of dollars were spent simply to
compete for these medals, that those who
might obtain them could use tham for public
effect and business puzposess
Year: 1874

seizure of vessel bearing that, and, no doubt,
entitled to bear il, the horrible murder of our
citizens, and all the other outrages of Spanish
power of which we had to complain, were as
nothing compared with Castelar's claims to
the sympathy and support of Secretary Fish.
What hypocrisy What q disgraceful at
tempt to deceive the American people!
There was no prospect of CASTELAR, es-
tablishing q republic in Spain, and the
administration must have known it Of
course an effort will be made now to smooth
over the diplomatic fraud We shall hear
now, no doubt of great hope in whatever
government may be established in Spain, even
if it be q monarchy-shan hear great deal of
friendly relations, of expectations and the
like, simply and only because the admins
tration has not the courage to demand
what is right and to face the Cuban question
We learn that the friends of the government
in Congressional and Executive circles express
fear that the events in Spain may delay
promised reforms in Cuba and prevent nego-
tiations for tho pacifcation of the island and
the protection of American interests. This we
regard as merely sop for the public. Serrano,
Alfonso or whoever else may be at the helm
of affairs in Spain can humbug the govern
ment at Washington as easily as it has been
humbugged- We fear the American Republic
win be cheated and Inundated to the end on,
at least as long as Mr.. Fish is kept in the
State Department None are 80 blind as those
who will not see It is to be feared our SEQ
retary Of State has wilfully shut his eyes
against Cuban affairs, Spanish duplicity and
arrogance.
Year: 1874

Tho Financial Troubles In Cuba.


The want of money is beginning to be
severely felt by our lively friends in Havana,
and should the premium on gold continue to
rise we may look for considerable confusion
in the trade centres. In spite of the loud
professions of the Spanish authorities the ex-
penses of the war are exhausting the
resources, not alone of Spain but even of the
.'Pearl Of the Antilles" Gold is at ruinous
premium, and the terms upon which the
government has hitherto borrowed have
been so unfavorable for the Treasury that
there Is danger of total collapse. Some
thing over one hundred million dollars in
paper has been confessedly issued by the
Bank Of Havana without the shadow of
security. II is generally believed that other
large issues Of paper have been made without
any warning to the public, as the government
and the bank work hand in hand; so that as
long as paper lasts there will be plenty of
shinplsster currency; but no one can tell what
its exact value ia In case of the collapse Of
Spanish power. which, in view of the disorder
growing daily worse in the Peninsula and
the recent triumphs of the insurgents, be-
comes every day more probable, the paper
millions will have no more value than the
paper of st. Domingo. Curious people will
be able 10 buy Spanish shinplasters at SO
many cents bushel. If the Cubans would
only take heart and make vigorous and
united effort they might easily succeed in
overthrowing the tottering Spanish power in
their island.
Year: 1874

A New DANGER AHEAD-In the various
schemes projected for financial relief to the
Southern States II we may credit the rumor
from Washington there is the danger that
some one of these relief schemes may enter
new Presidential movement for the Southern
vota. eff we have such things in the green
tree what shall we have in the dry?"
Year: 1874

hcan paper which is not of the meanest Office
holding type has either spoken against the
nomination or held its peace on the subject.
There is as much chagrin among honest re-
pubicans as any other class. Will the Senate
overlook oil these indications of national dis
senta They have grave personal charges
against Mr.. Williams before them, but the
greatest of all is his unfness, his incapacity.
The Senate has an opportunity to proclaim
itself honest and Independent by rejecting q
nomination unworthy of the greatest judicial
Office in the country.
Year: 1874

Amid the festivities of the new year quito
number of worthy gentlemen have quite dis
appeared from the surface of public thought,
and we doubt not they would be only too
happy if the public would consent to forget
them altogether. While we admire modesty
there are some men whose qualities SO entitle
them to prominent place in the public atten-
ton that we cannot allow them to disappear
from the stage where they were wont to strut
and play their many sided parts without pro-
test In Albany vacant chair waits for the
genial Genet, but he answers not the kindly
invitation to take his place among the fathers of
the State. He has left his poor ward, and JEAN
nette may pine in vain for her lover return,
for che is going far away" like his oonscript
proienitor, and not even the Establishments
of the Patres Conscripti can induce him to
come home again. The Court House looks
deserted while Walsh and Miller are away, and
the City Fathers weep over Conan; but they
give no sigh, and the people whom they took
in and did for are left to breathe their Gghs to
the idle winds In the meantime we wonder
what the police are doing It is too bsd that
the city should be robbed Of the presence Of
such distinguished citizens without even hav-
ing the melancholy certainty that they shave
gone from our gaze like beautiful dream"
and that we shall never see them more. Such
q termination to careers 80 brilliant may ap-
pear quite satisfactory to the police author
tiles, but the public, who are, after all, the
most nearly interested, are not content that
matters should remain so. It seems perhaps
unreasonable to the worthy preservers of the
of the peace that they should be expected to
know something of the whereabouts of the
missing men but we live in an exacting age,
when people expect something for their
money. In the case of Sharkey, also, the
sapient detectors of crime seem to be COM
pletely at fault, though, Of course, we are con-
stantly assured that some eagle-eyed detec-
tive is ''shadowing'' some one or other. We
fear that in most cases "the shadow leads
directly toa ''gin mill" or disappears in smoke.
1t is too bad that our police should suffer so
much from mirage, and we fear it is the result
Of disease in the eye contracted in the Vi
cinlty OF headquarters. We have never
heard of any other class of citizens suffering
from this ''shadow" in the eye, and unless
some radical cure is found by the authorities
for this dangerous affection we shall feel our
selves called upon to demand that an opera
ton be performed on the department which
will remove all the afflicted eyes and
replace them by new ones We are suf-
fering too much from official blindness and
want men who can see through Broome street
mysteries and Sharkey tactics, SO that the
community may feel little more at ease
under the shadow of the law.
Year: 1874

BADGERS BAzAR.-This establishment
still continues its prosperous career
New goods are arriving every day and
people from all parts of the county-even
from thirty and forty miles-purchase
all their goods at this great Emporium of
Trade. We are informed that Mr.. Bad
ger will leave Weaverville for Yrella in
about fifteen days-or three weeks at the
longest-so it behooves our citizens to
lay in a supply at once.
Year: 1874

ALL THE YEAR ROUND.-Peter Paul
sen informs us that there is on Rush
Creek, at the present time snow to the
depth Of fifteen or twenty feet. 1t slid
into the creek last Winter and the water
tunneled its way underneath. This patch
will no doubt last until snow comes again.
Year: 1874

STRUCK IT RICH.-Pete Van Matre tells
us that his boys are sinking down on the
quartz ledge which they discovered on
Mule creek II year ago last Spring. They
are down thirty feet, rich rock has been
taken out and the ledge improves as they
go down on it. Glad to hear it.
Year: 1874

No RooM.-An interesting communi-
cation from Uncle Snort" dated at
Shasta, has been received, but with much
other matter prepared for this issue is
crowded out by new Advertisements which
are numerous this week. We like to be
crowded that way.
Year: 1874

GREAT REDUcTIoN.-Among the many
receiving new goods just now, we desire
to call attention to the Fall and Winter
stock received by j. r. Balch. 1t is
larger and better than ever before and
will be sold as low as at any other house
in the county. Mr.. Balch further tells
us that he has lot OF cheap goods, which
will be sold much cheaper than any SINH
lar goods We're ever offered for in this
town.
Year: 1874

HOUSES NEEDED.-Although several
new buildings have recently been erected
here there is still scarcity in the line of
dwelling houses. Every roof at all fit to
live under, in this vicinity, is occupied
Year: 1874

To Stop BLEEDING AT THE NOsE.-
It is worth while to know how to stop
bleeding from the nose when it be-
comes excessive. If the finger is
pressed firmly upon the little artery
that supplies the blood to the side OF
the face affected, the result is accom-
plishcd. Thetwo small arteries branch,
ing up from the main arteries ON each
side Of the neck, and passing over the
outside of the jawb0ne, supply the
face with blood. If the nose bleeds
from the right nostril, for example,
pass the finger along the edge of ths
right jaw till the beating of the
artery is felt. Press hard upon
il, and the bleeding will cease. Con-
tinue tho pressure five minutes, until
the ruptured vessels in the nose have
time to contract.
Year: 1874

age, he was appointed purser of the
steamer Senator, which vessel, by the
way, is still visiting our harbor, then
running on the Southern coast. He
travelled up and down the coast for five
years, during which time he held the
same position on the Senator, Sea
Bird, Republic, Pacific and other
steamers. In 1859 he resigned the po-
sition of purser to take the place of
Deputy County Clerk of San Fran
cisco, and that position he held until
he was elected Clerk, which Office he
has filed nearly two terms, being re-
elected the last time by an almost
unanimous vote. Such is the tribute
to the worth of man who for so long
time was identified with the South
ern coast country that we have no
doubt he often reverts with pleasure
to the scenes and recollections of that
period of his life.
Year: 1874

The appearance of new ticket un-
der the guise of Independent Nomi-
nations" bearing at its head the name
of Mr. GEORGE o. TIFFANY for Mayor,
is confirmation strong as proofs of
Holy Writ of the correctness of the
HERALD's statement in yesterday
mornings issue, to the effect that the
ring managers have decided to make
q secret move and change dummies,
substituting Mr.. TIFFANY as the real
candidate in place of Mr.. SABICHI and
play the latter gentleman for dummy.
All this is supposed to be sub rosa.
The people of course cannot see into
this nicely laid little plot. Mr.. SA-
BICHI was overloaded with too much
gas and water, and yet they piled on
the top of this load the scheme to turn
the water from the zanjas to the East
side of the river. This was one straw
beyond his carrying capacity, and
even the old ring engineers who have
been in the habit of boasting that they
could bid defiance to the people and
run Los Angeles to suit themselves,
were forced to admit that SABICHI
would not float in that water nor could
he be blown into the Mayors chair
with that gas. So it was decided to
bring out another ticket with Mr..
TIFFANY as their chosen candidate,
with the strict injunction to the sto-
kers and serfs that though they were
to talk SAB1CHI they were to vote
TIFFANY. The HERALD has from the
outset maintained that either Mr..
TIFFANY or Mr.. SABICHI would meet
the requirements of the ring and they
would few days before the election
center upon the one for whom they
could throw the greatest number of
votes. Our theory of their mode of
conducting the campaign has proven
correct. Taxpayers who do not want
a few more franchises saddled upon
them will heed the waning.
Year: 1874

The Erpress of last evening treats
its readers to the usual dose of libel
on Mr.. BEAUDRY. This time he is
charged with having stolen swamp.
There is an inconsistency in the at
tacks of the rings hired tool on Mr..
BEAUDRY. In one column it AYERS
that he is man of great wealth-a
second Cresus-who does not begin to
pay taxes on one-tenth part of his
property, and in another it depicts
him as an adventurer using all sorts
of underhanded means to obtain pos
session Of a valueless lot away out of
town or doing poor man out of bit
of swamp. Why, that is almost as
bad as while protesting to be Repub-
lican and living on that party to sell
out to the Democrats-as pretending
to be the friend of the people and at
the same time sell out to the worst en-
emies to the citys prosperity. Should
Mr. BEAUDRY ever get down as low as
the little traitorous, bribe taking or
gan of the ring we shall find it
swearing he is q saint.
Year: 1874

1t is q we'll known fact that the Gas
Company ofthis city are anxious to en-
ter into q five years contract to light
one hundred street lamps at the rate of
six dollars and sixteen and two-third
cents per lamp per month. They have
refused to enter into contract to light
lesser number of lamps for u less
price for less number of years. On
the contract which they wish to make,
and which will, no doubt be made, if
the ring candidates for municipal Of
fees are elected, the citizens of this
city will be forced to pay heavy tax
for one hundred smoking lamps, not
one of which will illuminate beyond
the capacity of a FREELY. The one
hundred lamps will cost the city
$616 60 per month; S7,399 90 per year;
S36,996 for five years-the term of the
contract. These lamps will be, of
course, erected in the center of the
city, and the people residing outside
of an area of less than one mile square
will be compelled to pay heavy tax
for lights that they will probably see
once fortnight or oftener if they
chance to come up town on other than
moonlight or starlit nights. Of
what earthly use Will be the eXpendi-
ture of this $4,000 to the whey ardists
and others residing in the Southern
part of the city? Yet they must pay
their pro rata of the taxes. But this
little speculation will not stop with
the cost of one hundred lamps. Once
the contract is entered into and the
stipulated number of lamps erected
the people two miles out Main street
or of the northern end of "Sonora"will
exc ercise their privilege and demand
lamps in their immediate vicinity
they are taxed for light and they have
right to it. Each additio nal lamp
will add six dollars and sixteen and


two-third cents to the expenses of the
city and to the income of the Gas Com
pany. The burden of taxation will
grow until it will become unbearable,
and property will become 50 encum-
bered with the city tax as to depre-
ciate it's value and deter capital from


coming here. The city cannot afford
to enter into this contract. The rates
demanded for lighting the lamps are
more than double what we should pay
and the heavy expense will so increase
taxation that people will demand a
notification of the contract and thus
involve the city'in a long and eXpen-
sive law suit with the Gas Company.
The taxpayers should be warned in


time and guard against the danger of
being saddled with this five years tax.
Year: 1874

SAN FRANCISCO, Nov. 10th.


HERALD PUBLISHING COMPANY
Gentlemen: We ship to the HERALD
to-day font of Long Primer type,
made especially for printing election
tickets according to the new require
ments of the Code. We have had
each individual type carefully and
separately examined and passed upon
by the Secretary of State and pro-
nounced a new Code Long Primer.
None genuine unless the name of
DRURY MALONE is blown in the
cork. You can now furnish election
tickets without the least error in their
production.


We remain very respectfully &C.,


READ, BRAND & Co.
Candidates will see to it that they
have their tickets printed at the HER
AID office, and then they will be cor
rect, as we have secured new type and
new paper cut according to the re-
quirements of the new Code.
Year: 1874

ioctors?" This Is the hardest ques-
tion of the lot. Yet singular and par
adoxical as it may appear, though this


is the healthiest country in the world


doctors appear to thrive here without
taking their own medicine. There are
great many here already and they
all appear to have q lucrative prac-
tice. At least they pay their advertis-
ing bills. Our friend might do well
here as a dispenser of pills, but he
would do better Us tiller of the soil.
Year: 1874

THE resignation of Supervising
Architect MULLETT will not cause
any great amount of grief among
those who have been thrown in con-
tact with the consequential conceit-in-
flated gentleman. He had come to re-
gard the position as his by right of
birth and the large fund as his by in
herltance. BRIsTow opened his eyes
to his mistake and accepted his resig-
milton,
Year: 1874

THE Mechanics Institute of San
Francisco have elected lady Assis-
tant Librarian. This is q sensible act.
The Institute library is largely pat
ronized by ladies and it is but right
that at least one lady should be en-
ployed in the establishment.
Year: 1874

While Onicer George A. Heas was on duty at two
O'Clock yesterday morning at the corner Of Six
teenth street anti Third avenue On which is placed
a lamppost letter box he noticed three men stand
ing together and acting susplciously AS soon as
they saw the officer they turned and fed. One OF
the three threw away o number OF letters and the
lock Of the box. The ottcer picked up the letters


opened, which afterwards proved TO be a genuine
post office key. While thus engaged he noticed
two men on the opposite side OF the street, one OF
whom he recognized as belonging to the party OF
three originally discovered. This man nc pursued
and succeeded IN capturing him. The prisoner
morning he was brought before United states Com
missioner Stiweil who committed him in default
OF $4,000 bail. The key with which the box was
opened being post office key leads 10 the susp-
Year: 1874

ANOTHER OUTRAGE UPON A MARYLAND
GIRL.-1he Maryland (Chsrles county, Inde-
pendent says" On Sunday morning last, a
little after sunrise, Martha Kelly, servant girl
act of milking the cows in a cowpen some dis
tance from the house, was attacked by q colored
man and her person violated before assistance
could reach her. He had taken the precaution
to Disguise himself by p0wdering his face and
wrapping his otherwise nude body in a horse
blanket which he had taken from the COlone's
carriage house. The scoundrel was hotly pur-
sued until late in the day by both white and
colored, but without success. Joe Dorsey, sup
posed by some to be the outlaw George Dorsey,
lived with Col Cox the first OF the present year,
and il may be that he has returned to the nei gh-
borhood. IL is TO be earnestly hoped that this
miserable wretch may soon be in the hands of
the law. and as speedily awarded the deserts of
his terrible crime"
Year: 1874

MANAGERS HAVE RIGHTS WHICH Actors
ARE BOUND TO REsPEOT.-In New York yes
terday the suit of Augustin Da!y, the manager
OF the Fifth Avenue Theater, to obtain an In
Junction against Miss Fanny Moraut to restrain
her from performing at the Union Square Thea
ter, was concluded by an order of the court
granting permanent Injunction. Miss MOrant
had contracted her services to Mr.. Daily for one
year, condition being that she was not to ap
pear at any other theater in the city. The in
junction was granted on the ground that mana
gers having large capital invested in the
business, must not be at the mercy of perform
ers but the latter must be held to their contracts
like other people.