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The record-union. (Sacramento, Calif.) 1891-1903, February 11, 1891, Image 4

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SUPREME COURT DECISIONS.
[Filed January 30,1801.]
Appeal from Superior Court, San Diego
County—George Puterbaugh, Judge.
For appellant, Deakin & Story, Thos. J.
Gun is.
For respondent, Shaw A Holland.
DEPARTMENT TWO.
Harris, Appellant.
San Diego EMU Co., f No"13>998-
Respondent. J
This was an action to recover 85,000 as
brokerage for negotiating a contract. The
complaint contained two counts, but the
plaintiff elected to go to trial upon a
Quantum meruif. The trial court gave
judgment for the defendant, and the
plaintiff appeals.
The principal question discussed by
counsel relates to the authority of theper
' son who employed the plaintiff.
The defendant was a corporation "to
construct and operate a Hume for the
transmitting of water." At the period in
question its flume had not been con
structed. The engineering work was be
ing done, and the business of acquiring
rights of way, etc., was being attended to.
In the beginning of August, 1S8»>, the
company sent its Superintendent, one W.
E. Robinson, to San Francisco to negoti
ate a contract for the construction of the
flume. He employed the plaintiff as
broker to find a contractor, and through
the plaintiffs exertions a suitable person
was found. The claim is for compensa
tion for services as such broker.
1. The defendant cannot be held on tho
ground of ostensible or apparent author
ity. There is evidence to the effect that
in the county of San Diego, Robinson was
permitted by the company to do things
outside of his ordinary duties as Superin
tendent. And the plaintiff's son, who
was an engineer in the employment of the
company, testified that on the eve of Rob
inson's departure for San Fmnci.-:co, the
President told him that Robinson "had
lull authority" to enter into contracts
(fol. 131). This latter evidences- is contra
dicted (foL 180-1). The former is not. But
neither is ground tor a decision in favor
of plaintiii'on the theory of an ostensible
or apparent authority. For it does :;<it
appear either that the alleged statement
of the President was communicated to the
plaintiff, or that he was aware of the lati
tude which had been permitted Robinson
in "JSan Diego. It,may possibly be sur
mised that lie had knowledge of the cir
cumstances (see fol. 12»>-7 and fol. HI); but
the (act is not stated, and a mere surmise
is nut sufficient. "Ostensible authority is
such as a principal, intentionally or by
want of ordinary care, causes or allows "a
third person to believe the agent to pos
sess." (Civil Code, Sec 1317.)
There are two essential features of an
authority of this character, viz.: The party
must believe that the agent had author
ity, and such belief must be generated by
some act or neglect of the person to be
held. A belief founded on the agent's
statements is not sufficient; for a party
has no right tv take the agent's v.drd f<li
the existence of his authority. In the
case before us, as above stated, it does not
appear that the acts of the companywhich
are supposed to have been sufficient to
justify a belief in Robinson's authority
were known to the plaintiff; and if not,
they could not have generated in his
mind any belief on the subject of the
agency.
There may be other reasons why the
plaintiff cannot recover on this ground
but the foregoing is sufficient.
'Z. There was no actual authority, either
express or implied. The measure of the
agent's authority was the following reso
lution of the Board of Directors of the
company:
"Beaotoed, That W. E. Robinson be
■ authorized to proceed to San Francisco
and enter into negotiations with con
tractors and others for work on the line of
the flume, in his discretion, subject to tho
approval of this board; also, that he be
authorized to enter into negotiations with
capitalists for the purchase of not ex
ceeding joflO.ooo in the bonds of the com
pany." (Fol. GO-1.)
Nothing appears to have been done by
the plaintiff in relation to the disposition
of the bonds. His claim is for finding a
contractor who was willing to enter into
a contract for the building of the flume.
In the language of appellant's counsel,
"forthe peculiarly difficult and rare serv-
ill I m* ny
Why does this man stare so?
He is simply listening to tha
marvelous cures effected by Dr.
Picrce's Golden Medical Dis
covery.
The following case illustrates :
February ltth, IS9O.
WonLD's Dippessary Mkdical, Associa
tion. Buffalo, N. V.:
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left for him.
He commenced "Golden Medical Dis
covery," and at the 6arne time commenced
to mend, lie has used about two dozoa
bottles, and is still usicjf it. Ho haa gained
in weight, coior and strength, and is ablo
to do lifrht work. It is just such a case
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litve it.
It has trebled our sales of " Golden Med
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Uruggists, Hoanokc, Ind.
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ai:k the
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jSvi THtEviCSGHEWi^iICo. to ell suiTerers.
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Fittsburg. Geo. a. MACBEXIf & Co.
A. LOTHHAMMEK, 1021 SIXTH ST,
mUNIXG AJTO KEPAHUNi; IN AIX ITS
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but like attention giveu to all luusical lustra
■Minfi
SACRAMENTO DAILY RECOKD-TiyiOX, WEDNESDAY, FEBRUARY 11, 1891.—SIX PAGES.
ices rendered by him in introducing and
assisting in procuring Mr. Moore to take
this contract, the plaintiff claims the
moderate commission of j<5,000."
In relation to this ive concede in favor
of the appellant that the words "subject
to the approval of this board" contained
in the resolution refer only to the contract
for the- construction of the flume, which
was to be negotiated by Robinson, and
that he had implied authority "to do
everything necessary or proper and usual
in the ordinary course of business for
effecting the purpose of his agency."
(Civil Code, Sec. £)19.) Br.t we are not
able to suy that the employment of a
high-priced' broker is "necessary or
proper and usual in the ordinary course
of business" for finding a contractor to
build a flume. At least we do not think
that the court can take judicial notice that
such is the case; and we do not find any
satisfactory evidence of it in the record.
There is evidence that it was a matter of
some difficulty to induce contractors to
go to so distant a field of action, and some
ovidenec.that the plaintiff's services had
a value. But the hitter evidence seems to
be on the general theory that whatever a
broker does lias a value. Upon the whole
evidence we cannot say that the finding
of the trial court should be disturbed.
3. The defendant cannot be made liable
upon the theory that it appropriated the
benefit of the plaintiffs services. The
unauthorized arrangement made by Rob
inson with the plaintiff was collateral to
the flume contract, and the defendant
knew nothing of such services at the time
th« Some contract was entered into.
The other matters do not require special
attention.
We therefore advise that the judgment
and order appealed from be affirmed.
Haynk, C.
We concur:
Be&cher, C,
VjutCxnsp, c.
THE COURT.
For the reasons given i?i the foregoing
opinion tbo judgment and order appealed
from are affirmed.
[Filed February 2, IS9L
Appeal from Superior Court, San Ber- |
nardino County —C. W. C. Kowell, Judge.
For appellant, H. C. Knife.
For respondent, W. .1. Mchityre.
DEPARTMENT TWO.
Finch, Appellant,
vs. i ■,- v , „—
.RrvEBSEDEANp Arlington ">o>
K'y Co., Respondents.
This was an action of ejectment brought
by the owner of the fee of one-half or a
street in the city of Riverside, called
Cypress avenue, against a street-car com
pany, which was alleged to be using such
half of the street in an unauthorized and
unlawful manner. The trial court gave \
judgment for the defendant and the
plaintiff appeals.
There is no dispute about the plaintiff's
ownership of the fee of half of the street,
nor about the existence of the street, and
the consequent right of the public to use
it as a highway. The question litigated
is whether the defendant's use of it was
unauthorized and unlawful. In this re
gard several points are made.
1. It is contended that the defendants I
could not use the street for the purposes 1
of its track without first making compen
sation to the plaintiii', and the case of
Weyl vs. Sonoma Valley Railroad Co.
(69 Cal. -AYS) ia cited. But that case was
not in relation to a street railway, but to
an ordinary railroad whose route took it
through a street. And we think there is
a difference between such a case and the
present. The dedication of a street to pub
lic use authorizes any ordinary use for
street purposes; and the use of a street in |
a city or town for the tracks of a street i
car company is of this class, and is there- I
fore authorized.
'1. It is argued that the track was not !
located as required by law. The provis
ion of statute in relation to the subject is
that: "The city or town authorities in
granting the right of way to street rail- j
road corporations, in addition to the re- '
strictions which they are authorized to
impose, must require v strict compliance
with the .following conditions: *
ffir^t, to construct their track on those
portions of the street designated in the !
ordinance granting the right, which must i
be as nearly at possible in the middlo
ot the street." (Civil Code, Section 498.)
The order granting the franchise did i
not prescribe the precise part of the street j
upon which the track was to bo located.
It was merely that the frnncise be granted
to the applicants "according to their ap
plication" (fol. 103); and while the appli
cation named the streets through which
the road was to run it did not refer, to any
particular portion of any street. (Fols.
7S-9.) There was, however, a general or
dinance, applicable to all street car com
panies, providing that "the track shall be
laid as near the center of the street or
streets along the route of the railway as |
practicable."
11 will bo observed that the effect of this
was that the board did not exercise its j
own judgment as to the portion of the
street t« bo occupied by the track, but
left it to the company to construct their
track as near the middle of the street "as
practicable."
The company evidently did not con
sider it practicable to place the track in I
the middle of the street, and accordingly I
placed it on the side next the plaintiffs
lot. The precise location is not shown by
the record; but the court finds that "it was
not practicable to locate the track in the
middle of Cypress avenue." The court
further finds that the franchise provided
that the track was to be laid "along the
eastern side of Cypress avenue" (which,
as above shown, it did not 'provide); and
that "the location of the defendant's track
was in conformity with the requirements
of said franchise. 1 (Fols. 4-1-5.)
The plaintiffs position is. in the first
place, that the words "as nearly as possi
ble" do not mean "as nearly as practica
ble," as held by the trial court: and that |
even if they do, the finding that it was not
practicable to locate the track in the mid
dle of the street is not sustained by the
evidence.
In relation to the first question we think
that the statute means "as nearly as prac
ticable." As a matter of course, it is
always physically possible to place a
track in the middle of a street. It may
not bo legally possible. For example,
there may already be a track there under
a franchise which it is beyond the power
of the board to revoke. 15ut even if a
track were placed in the middle oft he street
under a revocable license, we think that
the board would have power to authorize
the laying of another track so as not to
interfere with the first. So if, as is some
times the case in rural towns, a row of
| trees were in the middle of the street, the
track could be placed on one side. And
we are not prepared to say that the con
ditions of traffic might not bo such as to
require, a similar location. The use of the j
words "as nearly" in connection with "as '
]xi*.-.ible" shows that it was foreseen that i
a location in the middle of the street could
not always be made; and we think that
from the nature of the case, the meaning
must be that the location must be con."
trolled in some degree by the circum
stances of the particular case.
But we do not think that the evidence
in the cas<? before us shows any reason
why the track could not be located in the
middle of the street. Only two witnesses i
testified on the subject. One of them said j
in substance that it was "impractical" to
place such a track in the middle of such a
narrow street (it was forty feet wide), be
cause it would interfere with traffic. To
use his own language: "It is impractical
to put it in the center of such a narrow
street because it interferes a linic hit with '
the travel, just about the same as when
Mr. Finch goes across to his lot 210. It in
terferes with the travel in passina: teams I
If the travel is very great it Interferes
materially. It depends on how much
travel there is." (Fols. 145-7.) But the wit
ness did not state how much travel there
was.
The other witness said that a track in
the middle of a street would intereferc !
with traffic "very extensively." But he
! went ou to say: "Putting a street railvvay
in such a street would interfere with the
; use of the street for other travel wherever
pen put it. But I should deem it adrus
abte not to put any street railway in the
center of such a narrow street forthe rea- i
i son that it will obstruct the travel to such j
; extent that teams for instance cannot pass
each other on either side of the track !
i without crossing the track. There would
i be room on each side for teams to pass*.
is 0 * Ofcourscitispractieablc." (Fols
; 149 to 152.1
I The effect of this testimony is merely I
IjtlisceUtmcoita.
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V.v.\t in the opinion of the witnesses the re
quirement of the law is wrong; and that
it is more convenient to the traveling
public to have the track on the side ot tho
street. But the law certainly means
more than this. It is an injustice to the
property-owners on bite si.io Df the street
to nave tho obstruction placed close to
their doors. And for this, among other
reasons, the law requires that it most be
placed as near tho middle of the street J»s
practicable, and enjoins a "strict compli
ance" with the requirement.
H. It is contended that the franchise is
void because i\ subscriber to the stock of
the company was a member oltho Board
of City Jt'rustees,»and took'an active .part
in the proceedings in relation to tho fran
chise; and- we think that this position
must be sustained.
It appears that when tho application
for the franchise was made, a number of
protests, were put in, and the matter was
referred to a committee of two, of which
E. W. Holmes was one. This committee
I made a report in writing, recommending
j that the application be granted. (FoL
j 100.) The report was adopted, and the
! franchise granted at tho next meeting.
: Several months prior ta this an ageee-
J mem to subscribe to tho capita! stock of a
street car company to be formed on
lines similar to those of the defendant
was gotten up, and by it EL W. Holmes
subscribed for 200 shares of stock. (Fol.
133.) A committee of subscribers was
; appointed tg apply for a franchiso. (Fols.
■ 1:27-28.) The personnel of tins committee
I was subsequently changed to some ex
| tent. (Folss. lis-.'!7.) The application was
j made by the committee (fdE 82), and was
granted, on the favorable report of the
cojjunifctee of two, of which Holmes was
a member, as above stated. Subse
quently' the committee made a deed of
the franchise to the company. (Fols.
1&M2.)
It is true that there was no testimony to
show that K. "\V. Holmes, the City Trus
tee, was tho same person as E.W. Holmes,
the subscriber. But in the absence of
evidence to the contrary identity of per
son •will be presumed from identity of
name. It is also true that no corporation
I was formed at the time of the subserip
[ tion, and that the franchise was granted
I to sever;.l individuals anil not to a com
pany, lint, as above shown; the individ
uals constituted a committee of the sub
scribers appointed for tho purpose of
applying for the franchise, ana after they
obtained it, they transferred it to the
company formed in pursuance of the sub
scription.
"\\ c think that it sufficiently appears
that the franchise was granted for the
benefit of a corporation to be organized
by n number of subscribers, of whom the
City Trustee was" one, and was .subse
quently transferred to tho corporation;
I and taking this to be the fact the case falls
within the principal of .San Diego vs. S. D.
and 1,. A. K. R. Co. (14 Cal. 106.) The
Trustee was one of a committee of two to
whom the application waa referred, and
the favorable report of this committee,
which was adopted by the board, must
have influenced its action. In our opin
ion this vitiated the franchise.
For the above reasons we think that the
defendant was a mere intruder upon the
street, and under the case of YVeyi vs.
Sonoma Valley Railroad, above died, the
plaintiff can maintain ejectment against
it.
We, therefore, advise thnt the order ap
pealed from be reversed, and the cause
remanded tor a new trial. Hay>:e, C.
We concur:
Van Clief, C,
Fooxe, C.
THE COURT. .
For the reasons given in the foregoing
opinion the order appealed from is re
versed and the cause remanded for a new
trial.
Tho Best of Thorn All.
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"Well, as a man of experience, I'll tell
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Ban Frakcisco, February 10,1S01.
MOItNINC". H0Al:l>.
Ophir 3 2b@3 SOiCb&llenccul 50@l 55
Mu.\ic.ui 2 •10.Orci(ient;il 80($90o
(i.i'^t. 1 2 20®2 :.T)!Aihlos l@l 05
; B.&.B 2 sti<s» ">.") Bentun .". 1
Otm. Vu i sr>(", i i"» x. (.i. oc c
Chollor 1 85) doass't. dcl'q'tSOc
I'oii^i 1 45iBonauzu 25c
if. itN 1 <.IO(;il 05 KlllVlill 3
Point 1 S.VPriy.e _.l ~nu 20c
Jacket ~ 40ft~ SOiNayaJo 20 a 30c
Imperial 20@25c|BeHe isle 55<J«oc
KentudJ lOc Jit. Di;i!>lo 3
Alpha 80c X. B. Isio r>Of.i 560
Conrtd*nc€ 6 Holmes 2@B 25
Belcher 1 55@1 no (Aueen ..._B6C
8. Nevada 2 is Coin. \v » ra .750
Utah 70c N. Com.W 55c
Kulilon 2 05 K. S. Nevada 6e
Exchequer 705&750 Dehnonto ::<:<•
Se;r. Beloaor....BP(is3c Bodie 1 -10
Overman—l DOfel 95 Bulwer ice
Justice l Syndicate s(u.ioc
Union : :> 15 Mono 70c
} Alta GO43C3C Peer loij 15c
Jails Crocker Ut(r 15c
Caledonia 66c Peerless OiiilOc
Silver mil so&iioc Q«wy>et H R >j7
ABTEHSOON SESSION.
Ophir 3 25ii3 36 CbaUenge^.l 40« 150
Mexican 2 85 Occidental 85c
<;.^t C 15 20 l^aily \V ''Dc
Beat & B 2 85»2 46 AnilVs l
Oon, \'ii 4 iofe-; 45|8corplon lj>@2oc
Bavaae l b<> Benton \
Cbollnx 1 85®1 \>() New York 15c
Potosi 4 4.j«: I 50 K. S. Nevada. 5c
H.Ji N .'. 190 Euroka '..'." .3
I'oint 1 so Navajo 20c
Jacket 2 -Uxnil 4 5 Prize 15;<t:'CK'
Inij'c;i,ii l'(i, ..- gsc Belle Isle sOc
K< nluclc 10c Ml. Uuiblo 1 Soffi2
Alpha 75(.i 80c|N. B. Isle 5o ■■ :.."><•
Belchor _ 1 5 o Holmes 25c
Confidence ....« 5 Queen 20m:'."><.
s. Nevada 220 Com'wealfh 70®75c
Otali 70c N. Com'wtth_.sO®6sc
Bullion 2tDelmonte 80e
Exchequer 65@730c|Bodle 130
iS(-K. BtrlcUcr 80ft 85c Mouo CSM7Oc
Overman 1 85 silver King ...20c
Justi>-0 1 Kennedy 4 O5
Uniou 2 15r,-::i 2o)Peer io« 15c
A ltii iiUoiise( "rocker 10@15c
Julia 20@25clPeerle«8 715 c
CVloilonin (iOe 8. V. Water.93 50te<j4
Silver Bill :.>oc;
For improved ar.d economic cookery uso
Liebig COMPANY'S
EXTRACT OF BEEF
For Beef Tea, Soups, Ma Je Dishes, Savers
fGame, Fish, etc.). Aspic or Meat Jt-lly. Kceoa '<
for any length oftinu-. aud is cheapyrand of
liner liuvor man any other stock.
Genuine only avlili j. yon T.tc-bicr's slc
notnre as ai;ovc. in blue. One pound of
Extract of Beef equal to forty pounds of lenn
beef.
Ch:ebmt«r'( V cci:»H Diamond Vrmni.
fENEIYROYAL FILLS
j"*KST7V Original sad Only GcaolbC Al
St**^soiwß'""^ Brand ill Kelt ul CoUl uv UIIioVMST
JX —^VX*yboic«. ii&lnl »iih blue ribbon. TcLo \W
Tz^ *vN^ V^jso other. Rcfi-tt dangrrous mbslitu- v
I / ** fffiipnsu'.ulivtitaUonit. At 0; u~^-i ■■.:. cr.; v,<'. -in.
I W* . -' in .tanipn Itar partlealarw, ifftinioniata aud
V £prt liflst;f for )*ad!efs" »t letter, by return
—\_^A? Mali. 10,030 1> timonlaU. • Nimt I'aptr.
. —""/ Cl:lr)tc«trr(.'seiEiealCtf.,Uu^l*<>nSuußm.
Boil by au Loc»i Drugjisu. l^tiida., »•«.
CIST YQUS H^ OVER THD
Ift-f ~Qt^^dy ia"u'i' i"aj^roiiBUr;»ic»:f-itrri«t:J
PSp fl u t^« a «/\ hyurocclej bnic^i, app'ioncej J
] «Wwfflff«TCng«>rf.-UiVb i a i Xt , t j»uflO«Btial book lor m<
cxiii^nißg why thousand* camtot g£t mtrvil of i<[-ecial, iiriv*
ibrpDic diKtaa^o, uyos, ura, luitgs, seminal iFL'tkneeM, lo»-»
?iihiiL'k;lJ, glcrt, syi^iiii^. unn&lunil lorfHH, nuulU of r.husc
rit\.sk"», wltich unlH <lU frr lii:'.rr:n.;c, f.:»j.;.i; t ,^«*., or iv,1. d
llm /?/?. Lt££lG'S WQNDEKtUL VERMAN fHVJQURATO
the- crtatcxt rviuwly fta iMfl —irr l**"*^ TO prove i. - Mrttf
$i Uu*i botUa rent f.-w. a. •"!. *s *A. LittilG & CO. !'>• Ook
St., su.« 11 ■ui.^ht-j. L.0., or aul W. -Ali tL, KuiiuM Cit?, Alu^
j^| Wood-worlviiidlaeliiiiery
/t ! r\F AT.T, KINDS. OFBF.ST
vs^j; .-3 \ t rankc and Lowest Price.
IferMa SAWMIi.r, AND SHINGLE
S fey/S» MACHINERY, lIOK CHIS
f EXCISE GOVERNORS,
TRUX-WOKKIXO TOOLS.
1 CHOSBY STEAM GAUOES,
ENGINES nud KOILEIiS of any
capacity, etc.
TATUM & BOW EN,
84 and ;j(5 Fremont, slrc-ct, Snn
Francisco, Manulacturers and
Agent*. WS
W|AK£EI.S WfeV
W JjaCE Healed ft»*U«c, explainluc «"«>
f»«£/!r-i^''«t« ""'I pe«tec« (OB wHliou*
?4TDf«WS»i'"«-»-"<"l><*''I>«s'"=- f''rLi* t>!an
vlnU!Wl.i-«t, Nervous DetdUtr. Leek ol
Vlßorrndp-vplr.j.jucnt Premature txellnc. Kuno
tLov.Xl Di=.->pl<>rs. Kidney and Bladder ijL^eaueH, tio
MiW m IttgW CO.. <» Park f.ice. fa* Icrk. ». T.
fit! W&r'aiSX raSSS"B« th° effects of
Vi VW OL#ls% t¥l£ S\l youthful errors
t <>arly decay, irastinor weatness, lost in.iniiood, etc.,
I will scud avaliuulo trentlße Aglcd) coutidning
I fQ'.l particulars for homo cure, FAKB of fhar.;t!.
. Afpleutli.l medical wor'<; should tw rradh; «very
I n>nn who is nerv ( v,-s aTi<l donllltat-.1. A'ldrcsn,
Prof^F.C. FOWLEBt Sloodus, Cobdi
Waterhouse & Lester,
—DHALEIW I>"—
Iron, Steel, Cumberland Coal, Wagon
Ltimber and Carriage Hanlware,
700. 711._713, 715 J St.. Sacrajnonto.
nXHE NEWS OF THE WORLD IS COX
-1 tulncd in thu WEEICLV UNION.
i|lnfcjevt(tuetr«.
J. FRANK CLARkT
UNDERTAKING PARLORS,
1017 and 1019 Ponitb street, Sacraasnto.
EMKALMINC-. A SPECIALTY.-GEORGE
H. CLAHIC, Funeral Director and County
Coroner. Telephone No. 184.
W. J. KAVANAUGH, uiderTaken
>"o. 51S J st.. bet. Piith and Sixth.
4 LWAYS ON HAND A LARGE ASSORT
t\_ inent of Metallic anil Wooden Caskets.
Burial Coses, Coffins and Shrouds furnished"
CoMn orders will receive prompt intention on
short notice and at the lowest rates. Utlice
open day and nigut.
TcompoundT
iSulphur Powder!j 1
THE
Most Perfect Laxative and Cathartic
X N O AY N !
Will Give Instant Keltef and EtTect Perma
nent Cures in Cases of
HABITUAL CONSTIPATION,
INDIGESTION,
PILES,
BILIOUSNESS,
DISEASED LIVER,
SCIATICA,
RHEUMATISM,
GRAVEL, ETC,, ETC.
Tiie Greatest Blood IVfe
OF TI-IB AGE.
Pleasaatcst to tHo Taste! Wonderful In
Its. Results!
PUT UP ONLY BY THE
W. H. BONE CO.,
13 Busli street, San Francisco.
KIKIC, OEABY & CO., l*ole Agents, S.icra
nnnti). jalO-tf
THIRTY DAYS' SALE!
Stylish New York and London Cut Suits.
I WILL MAKE SUITS TO ORDER IN THE
W-st of style.
$30 00 Suits now on sale S2O 00 to $22 50
535 00 Suits now on.sale Ot) to S~'7 TiO
940 00 .Suits now on Sale S3O 00t0532 s(>
$15 00 Suits now on sale 885 00 to S3G 50
860 00 Suits now on sale $;(7 50 to S V.I 5O
Sr>s 00 .Suits now on Sffle 845 OOtoS4(i 50
$tio 00 Suits now on sale Sl7 00 to SOo 00
Stylish cut and l»est tittint; Pants. $5 to SS.
Fine New York and London Trousering,
SIO !■> Sl2—the be.st in the State.
A perftot fit guaranteed or no sale.
All garment* made by the best White Labor
here. Patronize home industry.
Please call at
JOE POHEIM'S,
Xo. 600 J street Corner Sixtli
Baker & Hamilton,
—IMPORTERS AND JOBBERS OF—
HARDWARE, IRON, STEEL,
COAL, POWDER,
Agricultural Implements and Machines,
BARBED WIRE, CORDAGE, BELTIXG.
SACRAMENTO CALIFOIIXIA.
POISON IN A PIPE.
Few smokers fully realize the
danger of smoking new or improp
erly cured tobacco. The medical
staff of the German Army discov
ered this was a fruitful source of
throat disease.
The subsistence department of
the United States Army have
adopted Seal of North Carolina
Plug Cut as the Standard Smoking
Tobacco for the Army.
Beware of Imitations. The
genuine "Seal of North Carolina"
costs you no more than poisonous
imitations. MVVF
GOLD M2D.iL, PA3I3, IS7B.
f Baker & Co's
from which tho excess ol
oil has been removed, is
Absolutely JPure
and it is Soluble.
No Chemicals
are used in its preparation. It has
more than three times the strength of
Cocoa mixed with Starch, Arrowroot
or Sugar, and is therefore far more
economical, costing less than one cent
a cv}). It is delicious, nourishing,
strengthening, easily digested,
and admirably adapted for invalids
as well as for persons in health.
Sold by Grocers everywhere.
W. BAKER & GO., Dcrohester, Mass.
LAWTOK, BARNETT & CO.
REAL ESTATE,
Insurance, Lras Negotiated, Houses to Bent, Collections.
402 .Tjstreet, Sacramento, Cal.
MRS. J. W. BOYD
HAS KEMOVED HER DRBSBtfAKXftG
bushif-s lroiu r sidonco to ftlfl Seventh
street, ijetwcn I and J, whore she will be
1 pleased to meet her ptitmns :>ml nil others
| who dc-ire latest dcsig'us aud fIrsKIMSS work
In dro.-smakiiis. lelC-Un
a.~ "meisterT
CARRIAGES. VICTOniAS, PHAETONS,
Boggha tuid Spring Wagons.
910, !)12, Stll Nlutli st., Sacramento.
$-q. DUYS A CORD
OF OLI> LUMBER WOOD. GKT YOUK !
winter supply now at the CO. V. YAIiU ;
1 1 uurtii and I ureeU.
Heal ©fttaic (JBtc.
CrFLjOLisr:!-)
Installment x Sale!
S^ANDiO-ICRETRACTS
OF EXCEPTIONALLY KICK
L _A_ ZLST ID !
POSITIVELY
lsroßedE.o<3l^]
ONLY FOUR, TO SIX BLOCKS DISTANT
from Oak Park, terminus of new electric
railway. Carefully consider low price and
easy terms.
$240 to $300 per Acre.
For the next SO days I shall oU'er the above
traels lor Bale on the following terms: Two
acre tracts, S5O sash, Slo per month till one
half purchase price is paid, when deed will be
given and mortgage, etc. Mortgage taken for
balance due. Interest, 7 per cent, lit t on de
ferred payments. Five-acre Iraets, §125
cash, SU~> per month. Ten-acre tracts, $i.'so
cash, s>r><> per month.
«ia- Property shown free of charge.
TITLT: AUSOLI'TKLY PURFECT!
It Has Never Been I'ronouiiced Any
thing £lse.
Other imrties hnviu;; land for sale at
higher prices are, I find, endeavoring to in
fluence bnyers by making statements deroga
tory to .-aid title. Parties purchasing property
would probably satisfy themselves from It
more reliable source. •
m. j. dTllman,
:',(»5 J STREET.
Uesidenoe, 1420 O street.
W. P. COLEMAN^
Real Estate Salesroom, 325 J st.
We have the selling of 240
acres of" the largest ranch
on Whisky Hill at $6O per
acre. This is the cheapest
land adjoining Sacramento.
JUST THINK! $6O PER
ACRE FOR 240 ACRES.
Look at it or we will call and
take you out.
160 acres near Loomis; good
fruit land; $5O per acre.
MONEY TO LOAN.
E. A. CROUCH.
MILLS & HAWK,
Real Estate Agents,
3GI J STREET. CORXKIi TimiD,
OFFER A SI'LEXDID PLACE FOR A
home almost In theeily. Fouracres, with
dwelling house, bora, sheds, etc.; windmill,
I two wells; situate Thirty-second anu X streets,
j two blocks from Cuthrie's Station, where one
! can take steam ears, or five blocks from elee
! trie street road; price, 92,200. This is an op
portunity to £etagooQ nome at a very low
price.
Agency Union Insurance Company.
mJIF. NEWS OF THE WORLD IS CON
JL tamed in the WEEKLY UNION. .
~ACORN~
Stoves ami Ranges
Have ovens ventilated on the right prin
ciple and are superior to
any other.
CURLING IRONS!
First-class Assortment
FINE POCKET IMS,
Scissors and Razors.
The only complete stock in town
WE IXVITE INSPECTION OF OVR
STOCK.
M. MAN ASS E
610 J STREET,
MWF
W. L"DOUGLAS
€fe *> tf^ B_3 if3^ t an<J other snecini-
SHOE iisft&ssig
ranti'J, and so starr.ped on bottom. Address
W.JL. itdl (iLVS, Itrockton, UaH. Soldty
WEIXSTOCK. LLBIX & CO., Agents,
Nos. 400 to 4ia X Street, saci-amento.
ALIAS SUMMONS—STATE OF CALIFOR
nia. County of Sacramento, ss. In
tin: Superior Court In and for said county.
The People of ;he State of California, to
.1. EDWARDS .V: CO., greeting: You
ure hereby notified that an tu-lton was
commenced in the Superior Court of the
County of Sacrameaito. State aforesaid, by
Sling a complaint in the Clerk's officaofsaid
Court, on the llth day of January. ISSM) in
which action K. A. PHELPa and S. M.
MILLEK. copartners, doing bosiness undi r
the lirinyanic and style of PHBI»PS'A MII.
-mv, arc piaintUA, and you aits defendants.
That the general nature ot the action, as ap
jiears from i-aid eopiplaint, is as follows: To
recover judgment agntnst you for $41)6 95
alleged to be due to plaintins from you for
goods, wares and merchandise, sold and deliv
ered by uiaintill's to yen within I lie two years
lust past. All of wiiicl! is fully set forth in the
cOmplaint op tilo herein, reference to which
is hereby made, and you are hereby directed
to appear n: id answer said com piai'ni within
ten days Irani the service t>f this writ, exclu
sive hi the day 61 service, ir served on you in
said County of Sacramento: and Wtthln thirty
days, '•xclusive of the <".uy of service, if served !
elsewhere; and you are further notified that i
1 artless you so appear and answer within the I
time above specified the plaintiff will take
i Judgment for $ IDC. 05 and costs of this act ion.
In witneia whereof LW. W. Hhoads. Clerk
of the- Court aforesaid, do hereunto set my
hand and affix the soil of said court, this °a
i dny of February. A. D. 1893.
W. \V\ HHOADS, aerk.
By J. V. Doobv. Deputy Clerk.
THOXAB \V. Hcmimikey, Attorney for Plnint
itfs. _fe!-Ot\V
rf END THE WEEKLY UNION TO~VOUB
tO lVicnds in the KusL
AKCHITECTS.
-\T I>- OOODELL AND F. H. SCIIARDI!*
KM . have associated themselves together as
Architects and Uullders. Office, I'ioneer Hall,
Seventh street, between Jand X, Sacramento.
C'al. Consultation and estimates made froo of
charge.
MRsTMAKTOWIiTiai.IN»?. T/T. D ,
LATE LADY PRINCIPAL OF DUFFEIUX
Medical College for Women, a»ld Superin
tendent of Women's Hospitals and Dispen
saries in Northern British India. Diseases ol
women and children a specialty. OFFICE—
Boom 7, odd Fellows' Temple.
H. F. BOOT. ALKX. KXO4OK. J. UUISCOL.
BOOT, WKILSOfT & O .
TTNION FOUNDRY—IRON AND BRASS
\J Founders and Machinists, Front street,
between N and 0. Castings and machinery of
every description made to order.
P. K. TEA3K,
lAWYER, FULTON BLOCK, LOS AN
j getes, Cal. Attends to business in South
ern California for non-resldenu and attorneys.
Practices in ail courts. Letters promptly
answered. jajl-ly
CHA^ES'^OATWAIT,
A TTORKEY AND COUNSELOR AT LAW.
±\ (Jtlico—4^o J street, Sacramento, Cal.
Notary I'ublic.
TX^rTABTr
* TTORNEY-AT-LAW— OFFICE: SOUTH
jTV west corner Fifth and .1 streets. Kuoms
18, IS and 11, suite:- Bnlldtog.
THOMA« W. HUMPHREY,"
ATTORNEY AND COUNSELOR AT LAW.
Southwest corner Seventh and J streets;
Notary lY.hlic. Collections. Sacramento, Cal.
' £!enttsirjj.
F. F. TEB3ETs7~
DENTIST, 914 SIXTH ST., gv^Sari^
between I and J, west stele,■rßSW^ferJ^.
opposite Congregational c:mrcii.vlJ-UXS'JuP
BE W. 0. RBITH,
DENTIST, LINDLEY HUILI>
ill.. --iuli!< ;e-; |'n;'li,r Sr\- Af<- S?. 1 -
ciitli and J stivLls, SaLTan>.cnto,^WSgß^L
C. H. STEPHENSOW,~~
DENTIST, CORNER SF.V- CS^SSZyb*
enlh and ,T streets, over
W. R. STRONG COMPANY^
—HEADQUAUTEHS KOH—
-A.l£al£a Seed, Etc.
*S-_Oreaon Potatoea in Lots to Suit.
CILnVATHT WHITE WIIFoATS
And ALFALFA SEED in lots to suit.
W. 11. WOOD & CO.,
WHOLESALE PBOSI7CE,
Nos. 117 to U5 J Street, Sacramento.
S. GERBQN & COT
—".VHOLE.-SAI.E—
Frait, Produce end Commission Merchants,
SACRAMKJfTO, CAL,.
P. O. Box 170.
CURTISBRO&aqo^
GEIiERAL COMMISSION MERCHANTS,
Wholesale Dealers in Fruit and Produce,
308, 310, 312 X St., S.ic-1-aracuto.
Telephone 87, PostotHee Box 335.
EUOEHI J. GKEOORV. ntANKCKKI
GREGORY BROS. CO.,
QUcCEssons TO OREGORY, BAKNES 4
C? CO., Nos. 12G and 128 J st., Sacramento,
wholesale dealers in lYoduce and. Kruit. Full
stocks of Potatoes, Vegetables, Green and
Dried Fruits, Boans, Alfalfa, KuUec< Eggs
Cheese, l\>uiu\v. Etc., alwayson hand. Orders
tilled at lowest rates.
gttTttmrjj, itHne, geer, etc.
Finest Lunch House in the City,
CAi'ITAL ALE VAULTS, NAfiELE &,
BVKNSSON, Proprietors. Lnnch from 11
I A. M. to '2 v.M. Clam Chowder and Mussel
Soup owry evening from 0 to 1:2 o'clock.
Finest brands ol Wines, Llqnoraand Cigars.
EKUUBY. FAWCErrT
"THE PLAY,"
METROPOLITAN THEATER UUILDING,
■VZ3 X street.
CHAMPAGNE, CIOAES, LIQUOHS.
j fl-lm
CONCORDIA BEER HALL^
No. 1031 Fourth Sireot.
HAVTNGMADE EXTENSIVE IMi'HOVE
mentd the i>iiiiiic are now cordially in
vited to a Qrst-clas« resort. Sandwiches of all
I kinds. Bullalo Beer on dratight and in bot
. ties. The linest Wines, Liiinors and Cigars ou
hand. H. KoHNi:. I'ropnutor.
EBNER BROS., "
11G-11S X Street, Front and Second,
Sacramoato,
TMPORTEEB AND WHOLESALE DE \L
i ers in Wines and Liquors. Agents for tho
celebrated Poramcry ami (Jreno Champagne.
M. CRONAN,"
2SO X St., ana 11OS-1110 TUlra St.,
Saci'umonto, Oil.,
TMPORTER AND AVIIOLESALE DEALER
I X in Fine Whiskies, lii-andies and Chaui
pagne.
JAMES WOODBURN,
No. 117 X Strt;ct. Sacramento, Cal.,
TMI'OIITEK AND V.'IK^LKSALE DEALER
I in line Whiskits, Brandies, Wines and
Liquors. Thankiii:; my old friends and na
trons for their former patronage, 1 solicit a
continuance <,t the same. All orders will be
promptly and carefaUy iilled.
mEE pacific mm.
pacific; system.
Januarj' 19, 1891.
Trains, Leave and are clue t
Arrive at Sacramento.
LEAVE TKAINS RUK DAILY. laSKIVE
6:15 A Calistoga and Napa ' l)-40 A
3:05 P Calisloga and Napa 8:40 P
12:50 A ...Ashland and Portland... 6:d5 A
4:30 1* Domini;. El Paso and F-ist 7:00 1*
7:30 P Ivni^'lits Landing 7:10 A
10:50 A! Los Angeles I 9:35 A
Ogden and Eas' —Second
12:05 1" 1 riaas 2:25 A
Central Atlantic Express
11:00 I' lor Ogden and East 8:?5A
3:00 1' roroville I 10-30 V
3:00 1' .Ked Blntlvia Marysvllle. 10:30 A
10:40 -v Bedding via Willows 4:00 P
2:2-5 A San Francisco via Bonicial ll'-^-O A
6:15 A S:m Francisco via Kenicial l'i-35 V
Si-iO A san Francisco via Benlc&l 10:40 V
£:0n I'San Krancisco via Benicia 3--4O 1'
♦10:00 A..-an Francisco via steamer JB-00 V
10:50 A San Fram'o via Uvennorc '2'-5O V
10:50 A Sa,i JTosc | o'lo P
4:30 1'; SMita Barbar^ 9:35 A
6:15 AI Kunta Rosa.. ' n-40 V
3:05 1* SantaSUwa..: Z.l BAO V
K:M.\, Stockton ;;ikl (iult ! 7:00 P
4:30 P Ktockton and Calt j 9:35 A
12:05 1 TrueUeeand Reno I 2-25 A
i^{::::::::™^i^ I{uno I^g^
|^p:::::::::::::::::^!!X:::;:;;;:;::;;:: %£$
*o:3 < 15 A ...Folsoin and Plaeorville *2 -IJO 1 J
_*3:10 I' ...Folsoniaud Plaeervllte... *11:35 A
♦.Sunday execpted. fSunday only. JMon
oay csceptcd. A.—For mornlug. P.'—For
afternoon.
IUCII.VRB GRAY, Gen. Traffic Manager.
T. O. GOODMAN, General Passenger Agent.
FRIEND & TERRY
Lumber Company.
MAIN YARD AND OFFICE, 1310 SEC
ond street. .Brunch Yard, corner Twelfth,
t aud J streets.

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